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CITY O F SAN LUIS O B I S P O
FROM: Shelly Stanwyck, Assistant City Administrative Officer
Prepared By: Brigitte Elke, Principal Administrative Analyst
SUBJECT: CHANGE TO TOURISM BUSINESS IMPROVEMENT DISTRICT START
DATE
CAO RECOMMENDATION
1. As recommended by the Tourism Business Improvement District (TBID) Advisory Board
introduce an ordinance amending Ordinance No. 1517 to change the start date for assessment
collection to September 1, 2008.
2. Direct the Director of Finance & IT to suspend collection from the period between August 1 to
September 1, 2008 and to refund any remittance of assessment for that time period.
DISCUSSION
Background
On April 15, 2008 Council reviewed a proposal to establish a citywide Tourism Business Improvement
District (TBID). This proposal arose out of a petition submitted in August 2007 by 24 City hoteliers
requesting that Council authorize the establishment of a citywide TBID. The hoteliers believed that
increased marketing efforts are needed in order for San Luis Obispo to succeed in an increasingly
competitive environment and that a TBID, a "self assessment," would be the best way to accomplish this
goal. Because, at the time, a countywide TBID was also under consideration, a mediation process
facilitated by Creative Mediation was undertaken to assess the hoteliers preferred TBID model —
citywide or countywide. That process was concluded on January 30, 2008 and resulted in consensus
amongst the hoteliers for a Citywide TBID.
Establishment of the Citywide TBID
In order to initiate the process, on April 15, 2008, Council adopted a Resolution of Intention indicating
its intention to establish a TBID for the benefit of tourism promotion and marketing in the City of San
Luis Obispo. Included in the Resolution was the proposal by City hoteliers to establish the citywide
TBID with a two percent assessment of gross room rates.
Following the adoption of the Resolution of Intention and consistent with statutory requirements,
notification was published and mailed to area businesses and property owners, notifying the owners and
other interested members of the public of the following key actions:
02, f
i
Tourism Business Improvement District Page 2
1. Public Meeting. A public meeting to hear testimony supporting or opposing the proposed
citywide TBID, which was held at the May 20, 2008 Council meeting.
2. Protest Hearing. The TBID Protest Hearing was held on June 3, 2008.
3. Introduction of Ordinance to Increase Assessment. Absent valid protests, on June 3, 2008 the
Ordinance to establish.the citywide TBID (Attachment 1) was introduced.
4. Final Adoption of Ordinance to Increase Assessment. The final adoption of the proposed
Ordinance to establish a citywide TBID occurred on June 17, 2008. The ordinance became
effective on July 17, 2008, and established a start date for the assessment as August 151, 2008.
All steps taken in the process were duly noticed and all affected industry members received
correspondence in the form of letters and copies of the resolution and ordinance.
Current Situation
In mid-August, the Finance Division sent out its TOT remittance forms for August collection, which for
the first time included the TBID assessment. The ordinance stipulates that the TBID assessment will be
collected monthly together with the City's TOT. Upon receipt, staff received several phone calls from
hoteliers who were caught off guard by this notice, stating that they were unaware of the August I" start
date and had not started factoring the assessment into their operating costs. It soon turned out that some
hotels had started the collection and others had not. In order to clarify the situation, staff felt it best to
refer the matter to the newly established TBID Advisory Board (Board) in order to form a
recommendation to Council. The Board was appointed by Council on September 2, 2008 and met for a
special meeting on September 3, 2008.
TBID Board Recommendation
After deliberation and consideration of the various issues relating to the assessment start date, the Board
decided to recommend a delay of the start date to September 1, 2008 (Attachment 2 —Board Minutes).
Some of the Board members were inclined to delay the start date even further. However, this would have
caused problems and accounting issues for the hotels already in compliance with current ordinance
language. September Is' seemed a reasonable middle ground and the Board voted unanimously for this
recommendation.
Since this decision was made on September 3, 2008 and would not come before Council until September
16, 2008, the Board decided to personally reach out to all lodging industry members and inform them of
the forthcoming recommendation. This measure was selected in addition to written notification by the
City in order to eliminate issues related to mailings.
Amended Ordinance
In order to address the change in the ordinance, section 12.42.070 in Ordinance No. 1517 is
recommended to be repealed and superseded as follows:
12.42.070. IMPOSITION OF ASSESSMENT. The City Council hereby levies and imposes and
orders the collection of an additional assessment to be imposed upon hotels in the district described
above, which shall be calculated pursuant to Section 12.42.050 above. Such levy shall begin on
September 1, 2008.
C8-6-k
Tourism Business Improvement District Page 3
CONCURRENCES
The Finance & Information Technology Director concurs with this recommendation and the Finance
Division will refund any collection submitted for August to the individual hotels.
FISCAL IMPACT
Based on 2007-08 Transient Occupancy Tax (TOT) revenues, the assessment would generate
approximately $1,000,000 per annum for the purpose of tourism marketing and promotional efforts.
Since the assessment is directly tied to gross room revenue, the funds generated would fluctuate with the
citywide room rates and changes in room inventory and occupancy. The action of delaying the
assessment will reduce the assessment available for marketing purposes in 2008-09 by approximately
$100,000 due to August being one of the stronger travel related months.
ALTERNATIVE
Council could decline to change the start date. This is not recommended since it would cause financial
problems for the hotels that did not include the assessment in their operating cost. Given that the
business district was initiated per the lodging industry's request and will overall benefit the City and its
tourism, staff feels that the start date should accommodate the industry's needs.
ATTACHMENTS
1. Amending Ordinance
2. Ordinance No. 1517 (2008 Series)
3. TBID Board Draft Minutes—September 3, 2008
- - AnACMM i1
Ordinance No. (2008 Series)
Page 1
ORDINANCE NO. (2008 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING ORDINANCE
NO. 1517 TO DELAY THE START DATE OF THE TOURISM BUSINESS
IMPROVEMENT DISTRICT ASSESSMENT TO SEPTEMBER 1,2008
WHEREAS, on June 17, 2008 the Council of the City of San Luis Obispo adopted
Ordinance No. 1517 establishing the Tourism Business Improvement District in the City of San
Luis Obispo, and;
WHEREAS, it was brought to the City's attention that some of the lodging
establishments subject to this assessment did not account for remittance of the assessment
consistent with the August 1, 2008 start date, and;
WHEREAS, the newly elected Tourism Business Improvement District Advisory Board
met to discuss the best course of action, and:
WHEREAS, the Tourism Business Improvement District Advisory Board recommended
that the start date be delayed to September 1, 2008.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Section 12.42.070 is hereby repealed and superseded as follows:
12.42.070. IMPOSITION OF ASSESSMENT. The City Council hereby levies and
imposes and orders the collection of an additional assessment to be imposed upon hotels
in the district described above, which shall be calculated pursuant to Section 12.42.050
above. Such levy shall begin on September 1, 2008.
INTRODUCED on the day of 2008 AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the day of
2008 on the following vote:
AYES:
NOES:
ABSENT:
ea- 1
1 /
ATTACHMENT 1
Ordinance No. (2008 Series)
Page 2
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jonathan P. Lowell
City Attorney
ATTACHMENT 2
ORDINANCE NO. 1517 (2008 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING THE SAN LUIS OBISPO CITY TOURISM BUSINESS
IMPROVEMENT DISTRICT(TBID),FIXING THE BOUNDARIES
THEREOF, PROVIDING FOR THE LEVY OF A BUSINESS
ASSESSMENT TO BE PAID BY HOTELS IN SUCH DISTRICT
WHEREAS, on April 15, 2008, the City of San Luis Obispo Council adopted Resolution
No. 9972 (2008 Series) entitled,"Resolution of the City of San Luis Obispo Declaring its
Intention to Establish the San Luis Obispo Tourism Business Improvement District(TBID),to
Establish the Basis for and to Levy the Assessment for the District and to Set Dates for the
Public Hearing on the District and the Proposed Assessment"; and
WHEREAS,as specified in such Resolution,the boundaries of the district encompass the
City of San Luis Obispo,and there are no separate benefit zones within the district; and
WHEREAS,said Resolution was published and copies thereof were duly mailed and posted;
all as provided by state law and specified in the.Resolution; and
WHEREAS,pursuant to that Resolution a public meeting concerning the formation of said
district was held before the City Council on May 20, 2008 at 7:00 p.m. in the City Council
Chambers at City hall; and
WHEREAS, also pursuant to Resolution a public hearing concerning the formation of said
district was held before the City Council on June 3,2008 at 7 p.m. in the City Council Chambers
at City Hall; and
WHEREAS, all written and oral protests made or filed were duly heard, and testimony for
and against the proposed action was received and considered; and
WHEREAS,the City Council determined that there was no majority protest within the
meaning of Streets and Highways Code Section 36525:,as written protests were not received
from owners of businesses in the proposed district which would pay fifty percent (50%) or more
of the assessments proposed to be levied; and
WHEREAS,protests are weighted based on the assessment proposed to be levied on each
hotel. For purposes of the initial formation of the district, the proposed assessment to be levied
was calculated based on the assessment rate multiplied by the most recent available data for the
hotels' rental revenues.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Pursuant to authority granted under the Parking and Business
Improvement Area Law of 1989, California Streets and Highways Code Sections 36500 et seq.,
01517
ATTACHMENT 2
Ordinance No. 1517(2008 Series)
Page 2
the City of San Luis Obispo Tourism Business hnprovement District(TBID)is hereby
established in the City of San Luis Obispo as herein set forth and all hotels in the district
established by this ordinance shall be subject to any amendments made hereafter to said law or to
other applicable laws.
SECTION 2. The City Council of the City of San Luis Obispo finds that hotels within
the San Luis Obispo Tourism Business Improvement District will be benefited by the
improvements and activities funded by assessments to be levied.
SECTION 3. Chapter 12.42 (Tourism Business Improvement District)is hereby added to
Title 12 (Streets, Sidewalks, and Public Places) of the San Luis Obispo.Municipal Code to read
as follows:
12.42.010.TITLE.This chapter shall be known as the"City of San Luis Obispo
Tourism Business Improvement District Law."
12.42.020.DEFINITIONS.
(1)"City Council"shall mean the City of San Luis Obispo City Council.
(2) "City Advisory Body"shall mean the Advisory Body appointed by the City Council,
pursuant to this chapter.
(3)"District"shall mean the City of San Luis Obispo Tourism Business Improvement District
(or"TBID") created by this chapter and as delineated in Section 12.42.040.
(4)"Hotel'shall.,mean 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;motel,bed and breakfast, or vacation.home and pays Transient Occupancy
Tax. For purposes of this chapter the definition of"hotel'shall not include RV Parks.
(5) "Law"shall mean the Parking and Business Improvement Area Law of 1989, California
Streets and Highways Code Sections 36500 et seq., as amended.
(6)"Operator"shall mean the person who is the proprietor of the hotel,whether in the capacity
of owner,lessee, sublessee,mortgagee in possession,licensee or any other capacity.Where the
operator performs its functions through a managing agent of any type or character other than an
employee,the managing agent shall also be deemed an operator for the purposes of this chapter
and shall have the same duties and liabilities as his principal. Compliance with the provisions of
this chapter by either the principal of the managing agent shall,however,be considered to be
compliance by both
(7)"Transient"means any person who exercises occupancy or who is entitled to occupancy,by
reason of concession,permit,right of access,license,or other agreement for a period of thirty
(30) consecutive calendar days or less,counting portions of calendar days as full days.
12.42.030.AUTHORIZED USES.This ordinance is made and enacted pursuant
to the provisions of the Parking and Business Improvement Asea Law of1989(Sections 36500
et. seq.,of the California Streets and Highways Code). The purpose of forming the district as a
business improvement area under the Parking and Business Improvement Area Law of 1989 is to
provide revenue to defray the costs of services, activities and programs promoting tourism which
will benefit the operators of hotels in the district through the promotion of scenic,recreational,
cultural and other attractions in the district as a tourist destination. It is the intent of this chapter
MACHO 2
Ordinance No. 1517 (2008 Series)
Page 3
to provide a supplemental source of funding for the promotion of tourism in the district and it is
not intended to supplant any other existing sources of revenues which may be used by the City of
San Luis Obispo for the promotion of tourism. The specific services, activities and programs to
be provided by the district are as follows:
A. The general promotion of tourism within the district is to include costs as
specified in the business plan to be adopted annually by the City Council,
B. The marketing of the district to the travel industry in order to benefit local
tourism and the local hotel industry in the district.
12.42040.BOUNDARIES.The boundaries of the TBID shall be the boundaries
of the City of San Luis Obispo.
12.42.050.LEVY OF ASSESSMENT AND EXEMPTIONS. The TBID shall
include all hotels located within the TBID boundaries. The assessment shall be levied on all
hotels.,existing and future,within the City of San Luis Obispo based upon two percent(2%)of
the paid gross rent charged by the operator per night for all transient occupancies. The
assessment shall be collected monthly,based on two percent(2%)of the gross rent charged by
the operator per night in revenues for the previous month. New hotels within the boundaries
shall not be exempt from the levy of assessment authorized by Section 36531 of the law.
Assessments pursuant to the TBID shall not be included in gross room rental revenue for purpose
of determining the amount of the transient occupancy tax. The value of rooms for extended stays
of more than thirty(30)consecutive calendar days shall be exempt from the levy of assessment.
12.42.060.ANNUAL REVIEW OF ASSESSMENT. All of the assessments
imposed pursuant to this chapter shall be reviewed by the City Council annually,based upon the
annual report prepared by the Advisory Body appointed pursuant to this chapter and Sections
36530 and 36533 of the law. After approval of the annual report the City Council shall follow
the hearing process as outlined in Section 36534 of the law. At the public hearing the City
Council shall hear and consider all protests. If written protests are received from hotel
businesses in the district paying fifty percent(50%)percent or more of the annual assessment,no
further proceedings to continue the levy of assessments shall take place. The protests shall be
weighted based upon the annual assessment for the prior year by each hotel business.
12.42.070.IMPOSITION OF ASSESSMENT. The City Council hereby levies
and imposes and orders the collection of an additional assessment to be imposed upon hotels in
the district described above,which shall be calculated pursuant to Section 12.42.050 above.
Such levy shall begin on August 1,2008.
12.42.080.USE OF REVENUE. The improvements and activities to be
provided by the TBID will be funded by the levy of the assessments. The revenue from the levy
of assessments within the TBID shall not be used to provide improvements or activities outside
the TBID or for any purpose other than the purposes specified in the resolution of intention. All
funds shall be expended consistent with the purposes of this act. Funds remaining at the end of
any TBID term may be used in subsequent year in which TBID assessments are levied as long as
they are used consistent with the requirements of this Section. The City Council shall consider
C8-g
Ordinance No. 1517 (2008 series) > MACHMEIY 12
Page 4
recommendations made by the City Advisory Body created by Section 12.42.100 of this chapter
as to the use of assessment revenue.
12.42.090. DELINQUENCY, PENALTY,AND INTEREST. Any hotel that
fails to remit any assessment imposed by this ordinance within the time required shall pay a
penalty in accordance with the policies,regulations, and ordinances of the City of San Luis
Obispo. Any and all remedies available to the City of San Luis Obispo for non payment of
assessments or taxes shall be applicable in the event of non payment of an assessment under this
chapter.
12.42.100 ADVISORY BODY. An advisory body comprised of five(5)
members is hereby created to carry out the functions of an advisory board under Section 36530
of the law. Said advisory body shall be referred to as the Tourism Business Improvement
District Board or TBID Board. The members of the TBID Board shall be appointed following
the City's recruitment guidelines for Advisory Bodies. All applicants and members must be
operators of hotels within the district,or employed by the operator of such a hotel. The length of
the term for each individual member of the TBID Board shall follow the guidelines of all City
Advisory Bodies and is limited to eight(8)subsequent years. Members of the TBID Board shall
serve at the pleasure of the City Council and may be removed by the City Council at any time. If
a member no longer represent the lodging establishment for which he or she was selected to the
TBID Board,his or her seat will be vacated and a new member will be appointed The TBID
Board shall review the implementation of this chapter, the implementation of programs and
activities funded through this chapter, and advise the City Council on the amount of the district's
assessments and on the services,programs, and activities to be funded by the Assessments, and
shall perform such other duties as required by the law,including preparing the Annual Report
required by Section 36533 of the law. The Annual Report shall be submitted to the City Council
no later than 90 days before the new budget year. The City Council shall ensure that the TBID
Board has timely access to all public information regarding collection, disbursement,and uses of
the funds collected under the terms of this ordinance
12.42.110 MODIFICATION OR DISESTABLISHMENT. The City
Council,by ordinance,may modify the provisions of this chapter and may disestablish the
district or parts of the district,after adopting a resolution of intention to such effect. Such
resolution shall describe the proposed change or changes,or indicate that it is proposed to
disestablish the area, and shall state the time and place of'a hearing to be held by the City
Council to consider the proposed action. If the operators of hotels which pay fifty percent(50%)
or more of the assessments in the district file a petition with the Clerk of the City of San Luis
Obispo to adopt a resolution of intention to modify or disestablish the district,the City Council
shall adopt such resolution and act upon it as required by law. Signatures on such petition shall
be those of a duly authorized representative of the operators of hotels in the district. In the event
the resolution proposes to modify any of the provisions of this chapter, including changes in the
existing assessments or in the existing boundaries of the district, such proceedings shall
terminate if protest is made by the operators of hotels which pay fifty percent(50%)or more of
the assessments in the district,or in the district as it is proposed to be enlarged.
J>
Ordinance No. 1517 (2008 Series) ATTACHMENT2
Page 5
In the event the resolution proposes disestablishment of the district,the City Council shall
disestablish the district;unless at such hearing,protest against disestablishment is made by the
operators of hotels paying fifty percent(50%)or more of the assessments in the district.
SECTION 4. If any section,subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance.
The City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause and phrase hereof,irrespective of the fact that any one or more of
the sections, subsections, sentences, clauses or phrases hereof be declared invalid or
unconstitutional.
SECTION 5. A summary of this ordinance,together with the names of Council
members voting for and against it, shall be published at least five(5) days prior to its final
adoption, in The Tribune, a newspaper published and circulated in the City of San Luis Obispo.
This ordinance shall go into effect at the expiration of thirty(30) days after its final adoption.
INTRODUCED on the P day of June 2008, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 17`s day of June 2008, on the following roll call
vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
Mayor David F. Romero
ATTEST:
udrey Her
City Cler
APPROVED AS TO FORM:
onathan well
01y4dromey
C �-lo
Tourism Business Improvement District Board ATTACHMENT 3
Draft Minutes
Wednesday, September 3, 2008
11:00 am
City Hall
Council Hearing Room
990 Palm Street
CALL TO ORDER: Brigitte Elke - Staff
PRESENT: Conner, Billing, Koper, Mueller, Wallace
STAFF PRESENT: Brigitte Elke, Principal Administrative Analyst
PUBLIC COMMENT
There was no public comment.
CONSENT AGENDA
This was the Board's first meeting and no consent agenda was approved. Staff handed out
the latest TOT newsletter and Smith Travel report and the board requested to have both
items on the consent agenda going forward.
BUSINESS ITEMS
1. MEMBER OATH
The City Clerk administered the oath of office to all members and handed out the certificates.
2. ELECTION OF CHAIR AND VICE CHAIR
ACTION: Moved by Wallace/Koper to approve John Conner as Chair.
Motion carried 4:0
ACTION: Moved by Wallace/Koper to approve Tim Billing as Vice Chair.
Motion carried 4:0
3. ASSESSMENT START DATE
The board discussed the current confusion amongst the lodging industry members about the
ordinance stipulated start date of August 1, 2008. After thorough discussion, weighing the
pros and cons of various start dates, the board concluded that September 1, 2008 represents
the best alternative. The board felt that the recommended date best represents a
0- g- i' (
ATTACHMENT 3
compromise for hotels that have started collection and related issues to assessment refunds.
Yet it limits the problems for hotels that have yet to start the assessment.
Staff is to prepare a letter notifying all lodging industry members in San Luis Obispo of the
recommended action and related time frames.
The Board members took it upon themselves to contact each individual property owner to
assure that the recommended date is known and measures for assessment collection are
being taken.
ACTION: Moved by Wallace/Koper to recommend to City Council the change in
start date for the TBID assessment to September 1, 2008
Motion carried 5:0
4. BYLAWS
The board reviewed the draft bylaws provided by staff and felt that only a change to the
regular meeting date is needed.
ACTION: Moved by Wallace/Koper to approve the bylaws with the change to the
regular meeting date to the second Wednesday of the month at 11:00 am.
Motion carried 4:0
5. FUTURE BUSINESS
The board requested to receive an introduction to the Brown Act and Roberts Rule from the
City Attorney at their next regular meeting. Staff is to coordinate the presentation.
All members agreed that the next meeting should be dedicated to the discussion about the
TBID marketing plan, its objectives and strategies. Staff is to schedule a three-hour session
for the next regular meeting to begin this work.
The meeting adjourned at 12:40 pm to the September 10, 2008 meeting.
1
1 I
IIIIIillllll����������lllll`IIIA
council memoizanOum
- _ RED FILE
(city or san Luis oBispo. aaministtiatiori
RECEIVED aEpautmEnt __ _ _ _
MEETING AGENDA
DATE: September 16, 2008 DATE 9T ITEM # C
SEP 16 2000
TO: City Council SLO CITY CLERKwl'
UNCIL CDD DR
I
�O 2rFIN DIP
FROM: . Ken Hampian, City Administrative OfficerCAO Q-FIRE CHIEF
Prepared by: Brigitte Elke, Principal Administrative Ana st �/jTTORNEY LVPW DI
p'CTLERK/ORIG gr)FOLICE CHF
0 QEPT HEADS C'I EC DIR
)�i2lFSUN� 1TIL DIA
SUBJECT: Consent Item C8 for September 16, 2008 L'J HR DIP
San Luis Obispo City Tourism Improvement District ' 4-
Attached please find the various notification sent out regarding the formation of the Tourism Business
Improvement District (TBID) in the City of San Luis Obispo as requested by the Apple Farm's
Controller Diane Hull.
The TBID ordinance was adopted on June 17, 2008 after due notification, public meeting and public
protest hearing and became effective July 17, 2008. In order to facilitate remittance of the assessment,
the assessment start date was set for August 1, 2008 as defined in the ordinance. All notifications were
sent to the lodging establishment according to TOT address listings, as well as to the property owners
as noted under LandUse.
Given the confusion about the set start date, the TBID Board recommended.to delay the start date to
September 1, 2008. They settled on this date as a compromise, since several.hotels had actually started
the collection on August I"* Since the Apple Farm does not recall having received more than one
notification, they requested a listing of all documents, related dates and correspondence sent during the
entire establishment process. They are listed below in chronological order.
April 2, 2008 Notification (postcard) of Formation Hearing
April 4, 2008 Notification (postcard) of Formation Hearing—change in time of hearing
April 5, 2008 Legal ad in Tribune for April 15`h meeting—Adoption of Resolution
April 9, 2008 Staff report becomes public—posted on website& media distribution
April 15, 2008 Adoption of Resolution of Intention to form district
April 18, 2008 Notice (letter) of Public Meeting& Public Hearing plus copy of adopted
resolution
May 14, 2008 Staff report becomes public—posted on website& distribution to media
May 20, 2008 Public Meeting to receive public testimony
May 21, 2008 Notification (postcard) regarding June 3, 2008 —.Introduction of
Ordinance
May 24, 2008 Legal Ad in Tribune for June 3'd meeting— Introduction of Ordinance
June 11, 2008 Staff report becomes public—posted on website& distribution to media
June 12, 2008 Ordinance Summary(Legal Ad) in Tribune
June 17, 2008 Adoption of Ordinance
July 11, 2008 Ordinance goes into effect
G:ISraffiE1ke1Red Filn1SL0 TBID.rhange of=essmeni start da/e.dor
July 18, 2008 Notice (letter) of TBID Board vacancy application and copy of ordinance
sent to hoteliers
August 27, 2008 Staff report for appointments to TBID Board becomes public—posted on
website & distribution to media
September 2, 2008 Appoint new TBID Board at Council meeting
September 3, 2008 TBID Board receives Oath of Office
cc: Lowell
Statler
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Legal Ad to Jane-*, Run: Saturday, April 5, 2008
1 Day-1 Affidavit From: Elaina Cano, 781-7102
Bill: City Clerk
ART— CITY LOGO
ttlegals(aDthetribunenews.com
781-7947 FAX
783-7625 Phone
CITY COUNCIL PUBLIC HEARINGS
On TUESDAY, APRIL 15, 2008, the San Luis Obispo City Council wi!I conduct public hearings in the
COUNCIL CHAMBER at CITY HALL, 990 PALM STREET, on the following:
At 4:00 p.m.
FORMATION OF A CITYWIDE TOURISM BUSINESS IMPROVEMENT DISTRICT. (1 HOUR)
At 7:00 p.m.
APPEALS OF THE ARCHITECTURAL REVIEW COMMISSION'S APPROVAL OF A MIXED-
USE PROJECT AT 399 FOOTHILL BOULEVARD (ARC 55-07). (30 MINUTES)
(INSERT AD MAP)
REVIEW OF USE PERMIT TO ALLOW A FRATERNITY, ENVIRONMENTAL REVIEW, AND
GENERAL PLAN AMENDMENT AND REZONE TO CHANGE THE DESIGNATION OF THE
PROJECT SITE.AND THREE SURROUNDING PROPERTIES FROM MEDIUM-HIGH
DENSITY RESIDENTIAL (R-3) TO HIGH DENSITY RESIDENTIAL, (R-4). 1292 FOOTHILL
(ERIGP/R/U 109-05). (30 MINUTES)
(INSERT AD MAP)
GENERAL PLAN AMENDMENT AND REZONING FOR PROPERTIES ON THE SOUTH
SIDE OF MONTEREY STREET BETWEEN THE CHILDREN'S MUSEUM AND MISSION
PLAZA AT 667 679 699 MONTEREY AND 1019 AND 1045 BROAD STREET. (GPLRIER 64-
07). (30
4-07). (30 MINUTES)
(INSERT AD MAP)
AMENDMENTS TO THE STREET NAME AND ADDRESS ORDINANCEANDRESOLUTION
SETTING RELATED FEES. (15 MINUTES)
The Council may also discuss other hearings or business items before or after the items listed above. If
you challenge the proposed_action in court, you may be limited to raising only those issues you or
someone else raised at the public hearings described in this notice, or in written correspondence
delivered to the City Council at, or prior to, the public hearing.
Reports for this meeting will be available for review in the City Clerk's Office and online at
www.slocity.org on Wednesday, April 9, 2008. Please call 781-7100 for more information. The Council
meeting will be televised live on Charter Cable Channel 20.
Audrey Hooper, City Clerk
City of San Luis Obispo
city of
� San LUIS OBISPO
April 18, 2008
Notice of Citywide Tourism Business Improvement District
On April 15, 2008 the San Luis Obispo City Council voted unanimously for the adoption of a Resolution
of Intention to create a citywide Tourism Business Improvement District for the purpose of increasing
industry investment in tourism marketing in San Luis Obispo.
The purpose of forming a business improvement area under the Parking and Business Improvement Area
Law of 1989 (State Streets and Highways Code) is to raise revenue to be used for specific purposes as
defined by state law and incorporated into a city ordinance. In the case of a tourism business improvement
district, the increased revenue is intended to defray the costs of services, activities and programs
promoting scenic, recreational, and cultural attractions in the district to drive tourism and directly benefit
the operators of lodging establishments in the district. State law specifically states that the businesses and
properties within the business and improvement area have to be benefited by activities funded by the
proposed assessments. In the case of an area formed to promote tourism,only businesses that benefit from
tourism may be assessed.
The enclosed adopted resolution sets forth:
• the governing State Law section Public Meeting
• the name of the district Receive public comments on the
• the purpose and use of the assessment proposed assessment increase
• the district boundary May 20, 2008, 7:00 PM
• the affected industry City Council Chambers
• date of the public meeting 990 Palm Street
• date of the public hearing Public Hearing for Introduction
• the negative protest process Consider written and oral protests
by business owners
By State Law, the Council has to allow for public testimony and June 3, 2008, 7:00 PM
public protest in two separate meetings..Public testimony is City Council Chambers
scheduled for May 20, 2008 and oral protests can be made at the 990 Palm Street
June 3, 2008 public hearing. Written protests must be received
by the City at or before the public hearing and must include a
sufficient description of the business to identify the owner and assure that it is located in the
assessment area. Written protests must be submitted to the City Clerk, 990 Palm Street, San Luis
Obispo, CA, 93401. If there is no valid protest,Council will introduce an ordinance establishing the
district and levying the assessment on June 3, 2008.
Current Proposal before Council. The current proposal before Council will levy an assessment of
2% of gross room rate which will be collected together with the City's Transient Occupancy Tax
invoice.
As per State Law, the Council will appoint an advisory body for recommendation of the assessment
use. The proposed advisory body will consist of industry members and will appoint one member to
also serve on the Promotional Coordinating Committee.
Please call Brigitte Elke at 805 781-7151 for more information regarding the formation process and
scheduled public meeting and public hearing.
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t.Legal Ad to Jane Run: Saturday, May 24, 2008
1 Day— 1 Affidavit From: Elaina Cano, 781-7102
Bill: City Clerk
ART—CITY LOGO
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781-7947 FAX
783-7625 Phone
CITY COUNCIL PUBLIC HEARINGS
On TUESDAY, JUNE 30 2008, the San Luis Obispo City Council will conduct public hearings at 7:00
P.M. in the COUNCIL CHAMBER at CITY HALL, 990 PALM STREET, on the following:
ADOPTION OF 2008-09 FINANCIAL PLAN SUPPLEMENT AND 2008-09 BUDGET. (45 MINUTES)
TOURISM BUSINESS IMPROVEMENT DISTRICT- PROTEST HEARING AND INTRODUCTION
OF ORDINANCE. (1 HOUR)
PROTEST OF AWARD_OF TANK FARM GRAVITY SEWER, LIFT STATION AND FORCE MAIN
PROJECT, SPECIFICATION NO. 99703. (30 MINUTES)
The Council may also discuss other hearings or business items before or after the items listed above. If
you challenge the proposed action in court, you may be limited to raising only those issues you or
someone else raised at the public hearings described in this notice, or in written correspondence
delivered to the City Council at, or prior to, the public hearing.
Reports for this meeting will be available for review in the City Clerk's Office and online at
www.slocity.org on Wednesday, May 28, 2008. Please call 781-7100 for more information. The
Council meeting will be televised live on Charter Cable Channel 20.
Audrey Hooper, City Clerk
City of San Luis Obispo
® The City of San Luis Obispo is committed to including the disabled in all of its services, programs, and activities.
Telecommunications Device for the Deaf(805)781-7410. Please speak to the City Clerk prior to the meeting if you
require a hearing amplification device or other assistance.
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C Legal Ad to J9TP Run: Thursday,June�
12, 2008
1 Day— 1 Affidavit From: Elaina Cano, 781-7102
ART—CITY LOGO
Bill: City Clerks Office
ttleualsna,thetribunenews.com
781-7947 FAX
783-7625 Phone
ORDINANCE NO. 1517 (2008 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ESTABLISHING THE SAN
LUIS OBISPO CITY TOURISM BUSINESS IMPROVEMENT DISTRICT (TBE[)),
FIXING THE BOUNDARIES THEREOF, PROVIDING FOR THE LEVY OF A
BUSINESS ASSESSMENT TO BE PAID BY HOTELS IN SUCH DISTRICTS
On June 3, 2008, the Council of the City of San Luis Obispo voted 5-0 to introduce
Ordinance No. 1517 (2008 Series) which establishes the San Luis Obispo City Tourism Business
Improvement District (TBID), fixing the boundaries thereof, providing for the levy of a business
assessment to be paid by hotels in such district.
The Council must vote again to approve this ordinance before it can take effect. That action is
tentatively scheduled for June 17, 2008, at a Regular City Council meeting to begin at 7:00 p.m. in
the Council Chamber of City Hall, 990 Paha Street.
Copies of the complete ordinance are available in the City Clerk's Office in City Hall. For more
information, contact the City Administration at 805-781-7114.
Audrey Hooper, City Clerk
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Tourism Business Improvement District (TBID) Board
Vacancies
On June 17, 2008,the Council of the City of San Luis Obispo established the Tourism Business
Improvement District(TBID) Board. The purpose of this Board is to promote tourism marketing
in the City of San Luis Obispo. This Board will be comprised of five(5)members. All
applicants and members must be operators of hotels within the district, or employed by the
operator of such hotel.
Board members will initially be appointed to staggered terms. Thereafter, terms will be for a
period of four years. Board members may serve a total of eight years. The staggered terms will
be as follows: two members for terms expiring March 31, 2011; one member for a term expiring
March 31, 2012;and two members for terms expiring March 31, 2013.
Applications are available on the City's website at www.slocity.org or by visiting the City
Clerk's office at City Hall, 990 Palm Street.
Deadline to apply: Friday, August 1, 2008, 5:00 p.m.
Please contact Elaina Cano in the City Clerk's office for additional information:
ecano(2Dslocity.org or 781-7102.
Audrey Hooper, City Clerk
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September 16, 2008 11 Z-HR®IR
CITY OF SAN LUIS OBISPO �C�uNcr�
805-781-7114
RE: BID
Honorable Mayor and City Councilmembers
I am unable to attend this evening's meeting but I do have comments that I would
like to share.
First, I would like to compliment staff on their efforts and coordination of the Tourism
Business Improvement proposal; unfortunately, they might have been.too efficient as
many properties were not totally aware of the time requirements. Some of the
Lodging community believe they did not receive notices as to a starting date, nor
were they aware of the election of the Advisory Board. This has created some
unnecessary apprehension.
Therefore, I would like to suggest that the Council adjust the start date to September
1, 2008 with the understanding that for those that didn't initiate collection by that
date, a 30 day contingency period would be granted. It would also be understood
that this assessment would not apply to any pre-paid deposits but definitely on all
funds collected after the October 1, 2008 extension date. And, for those properties
that have already initiated the collection, they should continue to perform as
originally outlined.
In closing, I would suggest that the Council recognize that the first Advisory Board
meeting,September 3, 2008,with a total of five lodging numbers may not have been
a valid representation of the lodging community and this important meeting should
be re-noticed.
I believe it very important that the hospitality community act in unison, begin to
generate additional capital for marketing purposes and begin to stand on its own.
This BID is a good first step and a good business decision for all. Please continue to
supportthis program and offer the guidance and consideration necessary:to establish
its future.
s ectfullysubmitted, RECEIVE®
SEP 16 2000
SLO CITY CLERK
hn E. King
King Ventures 285 Bridge Street San Luis Obispo, CA 93401 805 544-4444 805 544-5637 FAX