HomeMy WebLinkAbout2006-37 Approval of business improvement districtRESOLUTION NO. 2006-37
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH PROVIDING CONDITIONAL CONSENT TO THE
FORMATION BY THE MENDOClNO COUNTY BOARD
OF SUPERVISORS OF A BUSINESS IMPROVEMENT
DISTRICT THAT INCLUDES LODGING BUSINESSES
LOCATED IN THE CITY OF UKIAH
WHEREAS,
1. The Board of Supervisors ("Board") of Mendocino County ("County") desires
to begin the process to form the Mendocino County Lodging and Business Improvement
District ("District") ") pursuant to the Parking and Business Improvement Area Law of
1989 ("the BID law"; Cal. Streets and Highways ("S&H") Code, sections 36500-36551);
and
2. Certain lodging business owners have requested that the Board create a
countywide District; and
3. A portion of the territory proposed to be included in the countywide District lies
within the boundaries of the City of Ukiah ("City"); and
4. In the opinion of the City Council, the area of the City which lies within the
boundaries of the proposed District will be benefited by the improvements and activities
of a countywide District, and the purpose sought to be accomplished by the work can
best be accomplished by a single, comprehensive scheme of work; and
5. S&H Code § 36521.5 requires the consent of the City Council for the
formation of the District described above within the city limits of the City;
NOW, THEREFORE, the City Council of the City of Ukiah hereby resolves as
follows:
1. Subject to the conditions set forth in paragraph 2 below and to the Board
agreeing in writing to abide by said conditions, the City Council:
a. consents to the County forming the District as described above that
includes the territorial jurisdiction of the City of Ukiah; and
b. grants the Board jurisdiction for all the purposes in connection with the
creation and operation of the proposed District within the boundaries of the City as
provided in the BID law.
2. The City Council's consent as set forth in paragraph 1 above is subject to the
following conditions:
a. For the purposes of complying with H&S Code Section 36525,
regarding a majority protest, the Board shall separately determine whether written
protests were received from the owners of affected lodging businesses in the City that
will pay more than 50 percent of the assessments proposed to be levied on lodging
businesses located in the City. If so, the Board will exclude the territory within the City
limits from the boundaries of the District.
b. The Board shall not establish at any time an assessment on affected
lodging businesses located within the City that exceeds 1% of the gross room revenue
received by a lodging business for transient occupancy without the prior written consent
of the City Council.
c. If so requested in a petition signed by the owners of affected lodging
businesses in the City that pay more than 50 percent of the assessments levied on such
businesses located in the City, not more than one year from the receipt of such petition,
the Board shall remove the territory located within the City limits from the District's
boundaries under such procedures as are required by law, including H&S Code Section
36550, unless prior to the completion of such procedures a petition signed by the same
proportion of owners withdraws the request.
3. The City Clerk is hereby directed to transmit a certified copy of this Resolution
to the Board and the City Clerk of Willits, Fort Bragg, and Point Arena forthwith.
PASSED AND ADOPTED on February 1,2006, by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Marie Ulvila, City Clerk
al~'~shiku' Mayor '