HomeMy WebLinkAbout06/03/2008, C6 - FINAL ADOPTION OF ORDINANCE NO. 1512 (2008 SERIES) AMENDING CHAPTER 12.36 OF THE MUNICIPAL CODE TO C
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C I T Y OF SAN LU I S OBISPO
FROM: Jonathan Lowell, City Attorney
Prepared By: Christine Dietrick, Assistant City Attorney
SUBJECT: FINAL ADOPTION OF ORDINANCE NO. 1512 (2008 SERIES)
AMENDING CHAPTER 12.36 OF THE MUNICIPAL CODE TO
FACILITATE RESTRUCTURING OF THE DOWNTOWN
ASSOCIATION
CAO RECOMMENDATION
Adopt Ordinance No. 1512 (2008 Series).
DISCUSSION
To better serve its members and to better implement the goals and objectives of the 2007 San
Luis Obispo Downtown Strategic Business Plan, on April 1, 2008, the Council voted five to zero
to introduce an ordinance amending Chapter 12.36 of the Municipal Code. The purpose of the
amendment is to facilitate the Downtown Association's restructuring as a non-profit
organization, independent of the City, but with which the City may contract for administration of
services to benefit the Downtown Parking and Business Improvement District. The ordinance
effectively eliminates the Downtown Association's status as an advisory body to the City
Council.
The Downtown Association recently received notice that its application to obtain 501(c)(6) non-
profit status will be approved.
Ordinance No. 1512 (2008 Series) is now ready for adoption and will become effective thirty
days after the date of its final passage.
ATTACHMENT
Ordinance No. 1512 (2008 Series).
READING FILE
April 1, 2008 Council Agenda Report Regarding Downtown Association Restructuring
T:\Downtown Associarion\DA CAR 6-3VRestructuring Docs\Agenda Report.Restructuring Ord.Final Adoption.2008.5.6.DOC
CGS
ATTACHMENT
ORDINANCE NO. 1512 (2008 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING CHAPTER 12.36 OF THE MUNICIPAL CODE TO FACILITATE
RESTRUCTURING OF THE DOWNTOWN ASSOCIATION
WHEREAS, both the current Downtown Association Advisory Board and the City have
determined that the Downtown Parking and Business Improvement Area could be better
administered by means of a contractual agreement between the City and a non-profit entity
created for the purpose of administering the Area for the benefit of its members; and
WHEREAS, the current Downtown Association Advisory Board has undertaken to form
a 501(c )(6) non-profit entity; and
WHEREAS, the City Council finds that the Downtown Association, constituted as a
non-profit entity, would be uniquely situated to serve the needs of the Downtown Association
membership through a contract with the City; and
WHEREAS, the Downtown Association Advisory Board has agreed to enter into an
agreement defining services to be provided to the membership utilizing funds from the Area
assessment;
WHEREAS, pursuant to Section 12.36.090 of the Municipal Code, the City Council is
authorized to enter into agreements with non-profit entities and authorize such groups or
organizations to expend Area revenues in accordance with City budgetary and accounting
policies.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Section 12.36.080 (Advisory board Appointment — Terms) of Chapter
12.36 (Downtown Parking and Business Improvement Area) of Title 12 (Streets, Sidewalks and
Public Places) of the San Luis Obispo Municipal Code is hereby repealed, effective at such time
after the effective date of this Ordinance that the San Luis Obispo Downtown Association
obtains legal status as a non-profit entity, as evidenced by appropriate certification from the
Internal Revenue Service.
SECTION 2. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty(30) days after its final passage.
A ATTACHMENT
Ordinance No. 1512 (2008 Series)
Page 2
INTRODUCED on the 1st day of April 2008, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 3`d day of June 2008, on the following roll call
vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
J ath . Lowell, City Attorney
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