RES 221287 - Laserfiche WebLink

Resolution No. 22-1287 Page 2 of 3 heard and received objections and protests, if any, to the renewal of the TVTMD and the levy of the proposed assessment; and WHEREAS, the City Clerk has determined that there was no majority protest. A majority protest is defined as written protests received from owners of businesses in the renewed TVTMD which would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted based on the assessment proposed to be levied on each lodging business; and WHEREAS, the City bears the burden of proving by a preponderance of the evidence that an assessment imposed for a specific benefit or specific government service is not a tax, that the amount is no more than necessary to cover the costs to the City in providing the specific benefit or specific government service, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the specific benefits or specific government services received by the payor. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER THE FOLLOWING: SECTION 1. The City Council hereby modifies the Management District Plan as attached hereto as Exhibit A. The modification of the Plan will lengthen the current TVTMD, from five years to ten years, and will cause the renewed TVTMD to expire on June 30, 2032. SECTION 2. The Plan dated February 3, 2022, is hereby adopted and approved. The Plan reflects corrected language stating that the annual assessment rate is three dollars and twenty-five cents ($3.25) per paid occupied room per night. SECTION 3. The activities to be provided to benefit businesses in the TVTMD will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the MMD; to provide activities or improvements outside the TVTMD; or for any purpose other than the purposes specified in this Resolution, the Resolution of Intention, and the Plan. Notwithstanding the foregoing, improvements and activities that must be provided outside the TVTMD boundaries to create a specific benefit to the assessed businesses may be provided but shall be limited to marketing or signage pointing to the TVTMD. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on April 19, 2022. I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 19th day of April, 2022, by the following vote: