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HomeMy WebLinkAbout11/17/2009, B3 - REMOVAL OF MEMBER OF TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) BOARD; MODIFICATION OF TBID ORDIN counat M °�°// /-� o j ac,Enba nEpmt 5-31 CITY O F SAN LUIS O B I S P O FROM: City Council Member Andrew Carter and Vice Mayor Allen Settle, City Council Liaisons to the TBID Board Prepared By: Jonathan Lowell, City Attorney SUBJECT: REMOVAL OF MEMBER OF TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) BOARD; MODIFICATION OF TBID ORDINANCE TO REQUIRE MEMBER BE IN GOOD STANDING RECOMMENDATION 1) Remove Robert Mueller from the TBID Board and direct the City Clerk to initiate the process to fill the vacancy. 2) Introduce an ordinance modifying Chapter 12.42 of the San Luis Obispo Municipal Code to specify a member of the TBID Board shall be in good standing to continue to serve in such position. DISCUSSION The City Council created a Tourism Business Improvement District last year with support from local hoteliers. The TBID exists "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." The TBID is funded by a levy of an assessment of two percent of the gross rent charged by each hotel operator per night. The TBID Board is made up of seven representatives of operators of hotels within San Luis Obispo. The TBID Board makes recommendations regarding the implementation of programs and activities funded through the district's assessments, prepares an annual report to the City Council on such programs and activities, and advises upon such other matters as contemplated under Chapter 12.42 and the state Parking and Business Improvement Area Law of 1989. Robert Mueller is a local hotelier who was appointed by Council to serve on the TBID Board since its inception last year. In recent months, two hotels that Mr. Mueller is connected with have failed to remit to the City monthly TBID assessments. (In addition, transient occupancy taxes collected from guests have not been timely remitted to the City.) The City Council liaisons to the TBID Board, have previously advised Mr. Mueller of the need to bring these payments up to date if he wishes to remain an effective member of the TBID Board. At the time of this writing, the hotels Mr. Mueller represents are still in arrears on assessment payments. (The issue of payment of past due TBID assessments and TOT taxes is separate from the issue of removal of Mr. Mueller from the TBID Board. Procedures and processes are in place to ensure payment of assessments and taxes, and those are occurring independently of this action pertaining to removal from service on the TBID Board.) B3 -/ Tourism Business Improvement District Board Removal, Ordinance Modification Page 2 Pursuant to San Luis Obispo Municipal Code section 12.42.100, "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." Thus, the City Council has the authority to appoint and remove members of this advisory body as it deems appropriate. In this particular instance, where a member of the TBID Board is participating in decisions regarding the expenditure of TBID funds,. yet fails to pay the assessment that similarly situated hoteliers are making, it is not appropriate for him to continue in this role and removal is warranted. To lessen the likelihood of such a situation arising in the future, attached for Council consideration is a draft ordinance amending San Luis Obispo Municipal Code section 12.42.100 to specifically provide that a member of the TBID Board must be in good standing to serve in such a position. Specifically, the following language is proposed to be added: "Members of the TBID board shall serve in good standing; failure to pay assessments levied under this chapter or to pay transient occupancy taxes to the city shall result in removal from the TBID board." CONCURRENCES The Director of Finance and Information Technology concurs with this recommendation. FISCAL IMPACT This action has a minimal fiscal impact, but for staff time and resources associated with recruiting to fill the position. ALTERNATIVES Take no action. The City Council's liaisons have provided Mr. Mueller several opportunities to rectify this situation prior to making this recommendation and report to the entire City Council, thus, it is not recommended that the Council fail to act at this time. ATTACHMENTS 1. Legislative Draft 2. Draft Ordinance T:\Council Agenda Reports\City Attorney CAR\TBID Removal of Member and Modification of TBID Ord.DOC �3-� ATTACHMENT �. 12.42.100 Advisory body. An advisory body comprised of seven 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 subsequent years. Members of the TBID board shall serve in good standing:failure to pay assessments levied under this chapter or to pay transient occupancy taxes to the city shall result in removal from the TBID board. Members of the TBID board shall serve at the pleasure of the city council and may be removed by the city council'at anytime. If a member no longer represents 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 ninety 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 chapter. 13313 ATTACHMENT ORDINANCE NO. (2009 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING ' SECTION 12.42.100 (ADVISORY BODY) OF CHAPTER 12.42 (TOURISM BUSINESS IMPROVEMENT DISTRICT) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE SAN LUIS OBISPO MUNICIPAL CODE WHEREAS, the Tourism Business Improvement District (TBID) Board plays an important role in the promotion of hotels in the City of San Luis Obispo; and WHEREAS, all hoteliers are expected to pay timely pay TBID assessments levied under local and state law; and WHEREAS, those who serve on the TBID Board are expected to be in good standing, that is, to pay their assessments and taxes, and otherwise conduct themselves in a manner appropriate to service in such an appropriate role; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Existing Section 12.42.100 (Advisory Body) of Chapter 12.42 (Tourism Business Improvement District) of Title 12 (Streets, Sidewalks and Public Places) of the San Luis Obispo Municipal Code is hereby repealed. SECTION 2. New Section 12.42.100 (Advisory Body) of Chapter 12.42 (Tourism Business Improvement District) of Title 12 (Streets, Sidewalks and Public Places) of the San Luis Obispo Municipal Code is adopted to read as follows: 12.42.100 Advisory body. An advisory body comprised of seven 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 subsequent years. Members of the TBID board shall serve in good standing; failure to pay assessments levied under this chapter or to pay transient occupancy taxes to the city shall result in removal from the TBID board. 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 represents 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 0 Ordinance No. 2009 Series) ATTACHMENT( Page 2 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 ninety 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 chapter. SECTION 3. 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. INTRODUCED on the day of 2009, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2009, on the following vote: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: Elaina Cano Interim City Clerk APPROVED AS TO FORM: JJqathanP. Lowell City Attorney 33_5 Mtr-TING AGENDA DATE / ITEM # MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 13, 2009— 12:00 NOON COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx, and Mayor Dave Romero Vice Mayor Allen K. Settle was seated at the dais at 12:15 p.m. Council Member Ashbaugh left the meeting at 12:30 p.m. City Staff Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly Stanwyck, Assistant City Manager, and Elaina Cano, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGENCE STUDY SESSION 1. GEOGRAPHIC INFORMATION SERVICES. Public Works Director Walter introduced this item, following which Public Works Administrative Services Mana-ger Smith and GIS Supervisor Yun presented the agenda report and responded to questions. ACTION: Council received an informational presentation by Public Works staff about the function and benefits of the Geographic Information Services (GIS) Program. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 1:07 p.m. Elaina Cano Interim City Clerk APPROVED BY COUNCIL: 11/17/09 ®RAFT MINUTES SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL. CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 20, 2009 COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 4:00 P.M. — SPECIAL MEETING ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx, Vice Mayor Allen K. Settle and Mayor Dave Romero City Staff Present: Ken Hampian, City Manager, Jonathan Lowell; City Attorney, Shelly Stanwyck, Assistant City Manager, and Elaina Cano, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. STUDY SESSION 1. PUBLIC SAFETY IMPACT OF ALCOHOL OUTLETS IN SAN LUIS OBISPO. Police Chief Linden introduced this item, following which Dr.fried Wittman. President of CLEW Associates presented the report and responded to questions. Public Comment David Brodie, San Luis Obispo, spoke about his concerns regarding alcohol consumption in the downtown area and support of staff's proposed strategies. Todd Newman, Manager at Downtown Brewing Company, spoke about his concern with the study included in the staff report. Mr. Newman said that he would be willing to work with the City to improve the current conditions. Sean Faries, Owner of Native Lounge, spoke about his concern regarding morphing and suggested alternatives. James Walls, Zeta Beta Tau, stated that he and his fraternity would like to be involved in the process. Ron Meier, Owner of Mo-Tavern, spoke about his concern regarding the validity of the study. RAF 1 City Council Meeting Page 2 Tuesday, October 20, 2009 Bill Hales, Restaurant and Bar owner, spoke about his concerns with the information submitted in the study. Michael Coughlin, San Luis Obispo, spoke in opposition of the study. Mary Mitchell-Leitcher, The Soda Water Works, spoke about her concerns regarding parking and safety in the downtown area. Paul Brown, San Luis Obispo, spoke about his concerns with the information submitted in the study.. Gary Fowler, San Luis Obispo, encouraged the City staff to include other agencies and local residents in future solution planning. Sandra Rowley, San Luis Obispo, spoke about her concerns regarding the overall dinning experience in the downtown area. Ermina Karim, Chamber of Commerce, agreed that there are issues that need to be addressed as so stated in the study. Ms. Karim also stated her concerns with the study. Andrea Miller, Owner of Spikes, spoke about her concerns regarding the study. Kathi Main, Kevin Main Jewelers, acknowledged the problems in the downtown area. Ms. Main spoke in support of working toward solutions with the City. Deborah Cash, Executive Director of the Downtown Association, acknowledged the problems in the downtown area. Ms. Cash suggested additional strategies. Myrian Ofaizola, Black Sheep Bar and Grill and Buffalo Bar owner, spoke about her concern with the study included in the staff report. Ms. Ofaizola said that she would . be willing to work with the City to improve the current conditions. Ben Arrona, San Luis Obispo, spoke about his concerns with the information submitted in the study. Closed Public Hearing City Manager Hampian stated that in order to ensure the City can effectively address the impacts of retail alcohol outlets, a study was necessary to begin that process. Mr. Hampian expressed that there is a need for extensive consultation with stakeholders as the City looks for solutions. Dr. Whittman responded to the question regarding documenting multiple years of data activity and other Council questions. City Council Meeting Page 3 Tuesday, October 20, 2009 Council discussion ensued regarding the findings in the study. There was general consensus that staff should review all strategies and return with recommendations. ACTION: Moved by Ashbaugh/Carter to direct staff to develop policy recommendations in collaboration with affected stakeholders to include a consideration of a long range planning entertainment district; motion carried 5:0. The Special Meeting adioumed at 6:39 p.m. 7:00 P.M. — REGULAR MEETING Mayor Romero called the Regular Meeting to order at 7:06 p.m. All Council Members were present. INTRODUCTION Director of Finance & Information Technology Statler introduced new employee, Ameron Judge. PRESENTATIONS City Volunteer Joe Carotenuti spoke about the City's Historic Preservation Project and donations made by groups and individuals. Mayor Romero then presented Certificates of Appreciation to representatives from PACE and to Dean Miller on behalf of the Mattison Family for their restoration efforts. Mayor Romero presented James Kushing with a proclamation naming him San Luis Obispo's Poet Laureate for 2010. APPOINTMENT Al. APPOINTMENT RECOMMENDATION TO THE CULTURAL HERITAGE COMMITTEE. ACTION: Moved by Ashbaugh/Carter to, by motion, appoint Kenneth 'Buzz" Kalkowski to the Cultural Heritage Committee (CHC) effective on October 20, 2009, and expiring on March 31, 2011, as recommended by the Council Subcommittee; motion carried 5:0. PUBLIC COMMENT There were no public comments. CONSENT AGENDA ACTION: Moved by Settle/Carter to approve the Consent Agenda as indicated below. DAFT c�-`f City Council Meeting — Page 4 Tuesday, October 20, 2009 C1. MINUTES OF SEPTEMBER 15, 2009. ACTION: Moved by Settle/Carter to waive oral reading and approve as modified; motion carried 5:0. C2. UPDATING ARCHAEOLOGICAL RESOURCE PRESERVATION PROGRAM GUIDELINES: CITY OF SAN LUIS OBISPO, APPLICANT (CHC 85-08). ACTION: Moved by Settle/Carterto, as recommended by the Cultural Heritage Committee, adopt Resolution No. 10120 (2009 Series) updating Archaeological Resource Preservation Program Guidelines; motion carried 5:0. C3. BOB JONES TRAIL ENHANCEMENTS, SPECIFICATION NO. 90888. ACTION: Moved by Settle/Carterto: 1. Approve the Plans and Specifications for the Bob Jones Trail Enhancements, Specification No. 90888. 2. Authorize staff to advertise for construction bids. 3. Authorize the City Manager to award a construction contract if the lowest responsible bid is less than the Engineer's Estimate of$290,000; motion carred 5:0. C4. ROSEMONT PUMP STATION REPLACEMENT. ACTION: Moved by Settle/Carter to: 1. Approve the Plans and Specifications for the Rosemont Pump Station Replacement, Specification No. 90450. 2. Authorize the staff to advertise for construction bids. 3. Authorize the City Manager to award a construction contract if the lowest responsible bid is less than the Engineer's Estimate of$235,000; motion carried 5:0. C5. REQUEST FOR PROPOSALS: FIRE STATION ALERTING SYSTEM. ACTION: Moved by Settle/Carter to approve the request for proposals (RFP) for installation of a new fire station alerting system and authorize the City Manager to award the contract if within the budget of$292,600; motion carried 5:0. C6. COUNTY ANIMAL SERVICES CONTRACT EXTENSION FOR FY 2009-10. ACTION: Moved by Settle/Carter to approve an amendment to the agreement with the County of San Luis Obispo for the continued provision of Animal Control Services from July 1, 2009 to June 30, 2010 in the amount of$200,256 and authorize the Mayor to execute the contract; motion carried 5:0. C7. RETROFIT FIVE TRUCKS WITH DIESEL PARTICULATE-MATTER FILTERS, SPECIFICATION NO. 90988. ACTION: Moved by Settle/Carter to: 1. Appropriate funding in the amount of $66,470 from the Capital Improvement Program Reserve account to retrofit five (5) ® FT CI-S I j City Council Meeting Page 5 Tuesday, October 20, 2009 trucks with diesel particulate-matter filters and installation of a filter maintenance system at the Corporation Yard. 2. Approve the transfer of$66,470 from the CIP Reserve Account to the projects' equipment acquisition account for the purchase of particulate-matter filters and a filter maintenance system. 3. Authorize the Finance Director to execute a sole-source Purchase Order in the amount of$63,303 to Robert V. Jensen Petroleum Distributor for the retrofitting of five (5) trucks and a filter maintenance system; motion carried 5:0. C8. PARTICIPATION IN PROPOSITION 1A SECURITIZATION PROGRAM. ACTION: Moved by Settle/Carter to adopt Resolution No. 10121 (2009 Series) approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the City's Proposition 1A receivable from the State; and directing and authorizing certain other actions in connection therewith; motion carried 5:0. PUBUC HEARINGS 1. CONSIDERATION OF A GENERAL PLAN AMENDMENT AND REZONING FOR PROPERTY LOCATED ON THE NORTH SIDE OF SOUTHWOOD DRIVE, WEST OF LAUREL LANE (GP/R ER 177-08; 1050 SOUTHWOOD DRIVE). Community Development Director Mandeville introduced this item, following which Senior Planner Ricci presented the agenda report and responded to questions. Mayor Romero opened the public hearing. Mike Cannon, Applicant, spoke in favor of the project. Mayor Romero closed the public hearing. ACTION: Moved by Ashbaugh/Marx to, as recommended by the Planning Commission: 1. Adopt Resolution No. 10122 (2009 Series) approving a negative Declaration (ER 177-08) and amending the General Plan Land Use Element (LUE) map to change the land use designation of 1.050 Southwood from Services & Manufacturing to Office, based on findings. 2. Introduce Ordinance No. 1535 (2009 Series) approving an amendment to the Zoning Map for 1050 Southwood from Manufacturing Planned Development (M-PD) to Office (0), based on findings; motion carried 5:0. 2. ANNUAL PUBUC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT. Principal Administrative Analyst Elke presented the agenda report and responded to questions. DRAFT Cr-� City Council Meeting Page 6 Tuesday, October 20, 2009 Mayor Romero opened the public hearing. John Conner, Chair of the TBID, spoke in support of the TBID. Mayor Romero closed the public hearing. ACTION: Moved by Carter/Settle to: 1. Conduct a public hearing to receive testimony regarding the Council's intention to continue the citywide Tourism Business Improvement District. 2. Rule upon any protests. 3. If a legally sufficient protest showing is not made, introduce Resolution No. 10123 (2009 Series) affirming the establishment of the San Luis Obispo Tourism Business Improvement District, setting forth the basis for the assessment, and levying the assessment upon hotels in the district for fiscal year 2009-10; motion carried 5:0. BUSINESS ITEMS By Consensus, Council agreed to hear Business Item 4 prior to Business Item 3. 3. POSTPONEMENT OF THE RELINQUISHMENT OF HIGHWAY 227 TO THE CITY. Public Works Director Walter introduced this item, following which Public Works Deputy Director Lynch presented the agenda report and responded to questions. Public Comments Eileen Lowe, CalTrans, spoke in support of the City moving forward with the relinquishment of Highway 227. Ms. Lowe responded to Council questions. —end of public comments— Council discussion ensued during which Council expressed their concerns with the relinquishment of Highway 227. Moved by Carter/Ashbaugh direct staff to postpone relinquishment of Highway 227 to approximately July 2011. Public Works Director Walter responded to Council questions regarding delaying the relinquishment to July 2011. Council Member Carter withdrew his first motion. ACTION: Moved by Carter/ Manx to proceed with the relinquishment of Highway 227; motion carried 3:2 (Romero/Settle opposed). Mayor Romero stated that ®RAF T el -7- City Council Meeting - Page 7 Tuesday, October 20, 2009 moving forward with the relinquishment will be a large unforeseen expense to the City. Vice Mayor Settle concurred. 4. SOUTH STREET MEDIAN ISLAND LANDSCAPE OPTIONS. Public Works Director Walter introduced this item, following which Public Works Deputy Director Lynch presented the agenda report and responded to questions.. Public Comments Eileen Lowe, CalTrans, responded to Council questions and spoke in favor of the waterless option. —end of public comments— ACTION: Moved by Carter/Marx to direct staff to proceed with a minimal planting option which would include irrigation and sustainable, draught resistant plants for the South Street median consistent with Cal Trans guidelines and submit a Capital Improvement Project request with a more detailed project definition and budget for the 2010-11 Financial Plan Supplement; motion carried 3:2 (Romero and Settle opposed). Council recessed at 8:53 p.m. and reconvened at 9:03 p.m. with all members present. 5. FIRE ENGINE/TRUCK PURCHASE. Fire Chief Callahan presented the agenda report and responded to questions. Public Comments Gary Fowler, San Luis Obispo, spoke in opposition of the fire engine purchase. —end of public comments— ACTION: Moved by Carter/Ashbaugh to: 1. Approve a sole source acquisition of a Pierce Tillered Aerial Quint. 2. Authorize the Mayor to enter into a purchase agreement with Pierce Manufacturing in the amount of$1,014,181.46 (including sales tax); motion carried 4:1 (Settle opposed). 6. FOXPRO APPLICATION REPLACEMENT. Director of Finance & Information Technology Statler presented the agenda report and responded to questions. ®R Ar 0_'l 4 City Council Meeting Page 8 Tuesday, October 20, 2009 Public Comments Wes McKee, Bonnie McKee's brother, spoke in support of staffs recommendation. —end of public comments— ACTION: Council reviewed and discussed the City's Visual FoxPro application replacement project plan. COUNCIL LIAISON REPORTS Council Member Manx reported on her attendance at the October 7, 2009, SLOCOG and SLORTA meeting. City Manager Hampian and Mayor Romero gave an update on their meeting with Union Pacific.Railroad. COMMUNICATIONS Council Member Carter reported on his attendance at a meeting he attended at Sierra Vista Hospital. Vice Mayor Settle spoke about his concern regarding a proposed FPPC requirement, which City Attorney Lowell will be reviewing. Mayor Romero reported on the Historic Railroad Celebration. Council Member Manx spoke about her concerns regarding the fee for the commemorative tree planting. Assistant City Manager Stanwyck stated that this fee will be included in the Tree Ordinance. Council.Member Ashbaugh reported his tour of the open space. There being no further business to come before the City Council,.Mayor Romero adjourned the meeting at 10:49 p.m. Elaina Cano Interim City Clerk APPROVED BY COUNCIL: ,vJxx/09 IAF I cr-�