HomeMy WebLinkAboutR-11457 declaring the basis for and the levy of the assessment for TBID and affirming the establishment of the TBIDR 11457
RESOLUTION NO. 11457 (2023 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; 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
17, 2023.
WHEREAS, on October 17, 2023 the City Council adopted Resolution No. 11455
(2023 Series) declaring its intention to continue the San Luis Obispo Tourism Business
Improvement District in 2023-24; and
WHEREAS, notices regarding the approval of the public hearing were sent on
October 26, 2023 to all assessed properties; and
WHEREAS, the City Council held a duly noticed Public Hearing on November 7,
2023 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; and
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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 Tourism Business
Improvement District Law, 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 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.
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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 Shoresman, seconded by Council member
Francis, and on the following roll call vote:
AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx, and
Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of November 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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11/12/2023 | 2:15 PM PST