HomeMy WebLinkAboutR-11455 declaring its intention to continue the TBID, continue basis for the assessment for the district, and set Public Hearing date for the 2023-24 assessmentR 11455
RESOLUTION NO. 11455 (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING ITS INTENTION TO CONTINUE
THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT
DISTRICT, TO CONTINUE THE BASIS FOR AND TO LEVY THE
ASSESSMENT FOR THE DISTRICT, AND TO SET A DATE FOR THE
PUBLIC HEARING ON THE DISTRICT AND THE ASSESSMENT FOR
2023-24
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 the 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 incorporated into the Municipal Code under Chapter 12.42;
and
WHEREAS, the assessment went into effect on October 1, 2008; and
WHEREAS, the City Council appointed an advisory board to provide oversight,
guidance, and recommendations regarding the use of the assessment funds; and
WHEREAS, the City Municipal Code and the Parking and Business Improvement
Law require the advisory board to prepare and submit an annual report stating proposed
changes, improvements, and activities for the fiscal year; and
WHEREAS, an annual report was prepared pursuant to Section 36533 of the
Streets and Highway Code; and
WHEREAS, notices regarding the approval of the annual report were sent on
October 5, 2023, to all assessed properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
a) That the Tourism Business Improvement District Annual Report for fiscal ye ar
2022-23 as filed by the advisory body is hereby approved.
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b) The San Luis Obispo City Council proposes to continue the established
Tourism Business Improvement District in the City of San Luis Obispo in
accordance with City Municipal Code Chapter 12.42 and the California Streets
and Highways Code, sections 36500 et seq. (Parking and Business
Improvement Law of 1989).
c) The assessment levied by the Tourism Business Improvement District shall be
used to promote lodging at the hotels within the district and administer a
marketing program that increases overnight hotel stays pursuant to the set
goals.
d) The assessment will be levied and allocated by the City of San Luis Obispo.
e) The assessment is proposed to 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.
f) The assessment shall be based on two percent (2%) of gross room rent.
g) New hotels shall not be exempt from immediate assessment.
h) The public hearing, held pursuant to the City Municipal Code Chap ter 12.42
and the Parking and Business Improvement Law of 1989, section 36535 of the
Streets and Highways Code, is to allow for comments on the District and
proposed assessment, and is hereby set for 5:30 P.M., Tuesday, November 7,
2023, before the City Council of San Luis Obispo.
i) At the public hearing, the testimony of all interested persons for or against the
continuation of the District, the boundaries of the District, or the furnishing of
specified types of improvements or activities will be heard.
j) Any protest against the continuation of the City of San Luis Obispo Tourism
Business Improvement District and the levying of the assessment, or any
aspect thereof, may be made in writing. A protest may be withdrawn at any time
before the conclusion of the public hearing. Any written protest shall contain a
description of the business in which the person signing the protest is not shown
on the official records of the City of San Luis Obispo as the owner of the
business, then the protest shall contain or be accompanied by written evidence
that the person is the owner of the authorized representative of the business.
Any protest as to the regularity or evidence of the proceedings shall be in writing
and clearly state the irregularity or defect to the City of San Luis Obispo at 990
Palm Street, San Luis Obispo, CA 93401.
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k) If, at the conclusion of the public hearing, there are of record, written protests
by the owners of businesses within the proposed San Luis Obispo Tourism
Business Improvement District that will pay fifty percent (50%) or more of the
total assessments of the entire San Luis Obispo Tourism Business
Improvement District, no further proceedings to continue the San Luis Obispo
Tourism Business Improvement District shall occur. New proceedings to form
the San Luis Obispo Tourism Business Improvement District shall not be
undertaken again for a period of at least one (1) year from the date of the
finding. If the majority of written protests are only as to an improvement or
activity proposed, then that type of improvement or activity shall not be included
in the San Luis Obispo Tourism Improvement District.
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BE IT FURTHER THEREFORE RESOLVED, the City Clerk is instructed to provide
notice as required by the City Municipal Code Chapter 12.42 and the Parking and
Business Improvement Law of 1989, section 36534, subpart (a)(7) of the Streets and
Highways Code, to wit: the City Clerk shall give notice of the public hearing by causing
the resolution of intention to be published once in a newspaper of general circu lation in
the City no less than seven days before the public hearing.
Upon motion of Council Member Francis, seconded by Council Member
Shoresman, and on the following roll call vote:
AYES: Council Member Francis, Pease, Shoresman, and Mayor Stewart
NOES: None
ABSENT: Vice Mayor Marx
The foregoing resolution was adopted this 17th day of October 2023.
___________________________
Mayor Erica A. Stewart
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
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10/19/2023 | 7:46 AM PDT