HomeMy WebLinkAboutR-11177 declaring the basis for and the levy of the assessment for the TBID and affirming the establishment of the districtR 11177
RESOLUTION NO. 11177 (2020 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING THE BASIS FOR AND THE LEVY
OF THE ASSESSMENT FOR THE SAN LUIS OBISPO TOURISM
BUSINESS IMPROVEMENT DISTRICT AND AFFIRMING THE
ESTABLISHMENT OF THE DISTRICT
WHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq.
of the Streets and Highways Code, authorizes cities to establish business improvement districts for
several purposes, one of which is promotion of tourism; and
WHEREAS, the lodging businesses within the proposed City of San Luis Obispo Tourism
Business Improvement District had requested the City of San Luis Obispo establish such a self-
assessment improvement district in 2008; and
WHEREAS, the San Luis Obispo Tourism Business Improvement District was established
in July 2008, and the San Luis Obispo Tourism Business Improvement District Law was
incorporated into the Municipal Code under Chapter 12.42 (hereinafter referred to as the “Tourism
Business Improvement District Law”); and
WHEREAS, the City Council appointed an advisory board to carry out the functions
specified in Street and Highways Code Section 36530, and to provide oversight, guidance, and
recommendations regarding the use of the assessment funds; and
WHEREAS the San Luis Obispo Tourism Business Improvement District Law and the
Parking and Business Improvement Law of 1989 requires the advisory body to prepare and submit
an annual report stating proposed changes, improvements and activities for the fiscal year; and
WHEREAS, such report was filed and approved by the City Council on October 6, 2020:
and
WHEREAS, on October 6, 2020 the City Council adopted Resolution No. 11171 (2020
Series) declaring its intention to continue the San Luis Obispo Tourism Business Improvement
District in 2020-21; and
WHEREAS, notices regarding the approval of the public hearing were sent on October 9,
2020 to all assessed properties; and
WHEREAS, the City Council held a duly noticed Public Hearing on October 20, 2020 to
allow for protests, as contemplated by Streets and Highway Code Section 36524; and
WHEREAS, sufficient written or oral protest was not received from hotel businesses in
the district which pay fifty percent or more of the assessment;
Resolution No. 11177 (2020 Series) Page 2
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
a) The establishment of Tourism Business Improvement District in the City of San Luis
Obispo in accordance with the San Luis Obispo Municipal Code Chapter 12.42, and
the California Streets and Highways Code, section 36500 et seq. (Parking and Business
Improvement Law of 1989) is affirmed.
b) The assessment levied by the Tourism Business Improvement District shall be used to
promote lodging at the hotels within the district and administer marketing programs
that increase overnight lodging.
c) The assessment shall be levied and allocated by the City of San Luis Obispo.
d) The assessment shall be levied on all “hotels,” as that term is defined in San Luis
Obispo Municipal Code Section 3.04.020, to wit: any structure, or any portion of any
structure, which is occupied or intended or designed for occupancy by transients for
dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or
house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment
house, dormitory, public or private club, mobile home or house trailer at a fixed
location, or other similar structure or portion thereof.
Resolution No. 11177 (2020 Series) Page 3
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e) The assessment shall be based on two percent (2%) of gross room rent.
f) New hotels shall not be exempt from immediate assessment.
Upon motion of Council Member Pease, seconded by Council Member Christianson, and
on the following roll call vote:
AYES: Council Member Christianson, Pease, Stewart, and Mayor Harmon
NOES: Vice Mayor Gomez
ABSENT: None
The foregoing resolution was adopted this 20th day of October 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington,
City Clerk
APPROVED AS TO FORM:
____________________________________
J. Christine Dietrick,
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on __________________.
____________________________________
Teresa Purrington,
City Clerk