The URL can be used to link to this page

Home My WebLink About1516i ORDINANCE NO. 1516 (2008 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER 12.36 OF THE MUNICIPAL CODE TO INCREASE THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA ASSESSMENT WHEREAS, the Downtown Business Improvement Area was formed in 1975 pursuant to the Parking and Business Improvement Area Law and City Council Resolution No. 2879 (1975 Series), and the Downtown Association was established as an Advisory Board of the City of San Luis Obispo by Ordinance No. 649 (1975 Series) as amended by Ordinance No. 1334 (1998 Series) for the purpose of administering the Area for the benefit of its membership; and WHEREAS, member businesses in the Downtown Business Improvement Area ( "Area ") have been charged an assessment to fund the activities of the Downtown Association for the benefit of those member businesses since 1975; and WHEREAS, the amount of the assessment has remained unchanged since its adoption in 1975; and WHEREAS, the Downtown Association is in the process of forming an independent non- profit entity with which the City intends to contract for the delivery of services to benefit members of the Area; and WHEREAS, the Downtown Association has determined that an increase in the assessment amount is necessary to better serve the needs of its membership and to ensure long term financial stability; and WHEREAS, the City supports the efforts of the Downtown Association and wishes to facilitate its resource needs so that the Downtown Association may better serve its membership by providing services as agreed between the City and the Downtown Association. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. 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Improvement Area) of Title 12 (Streets, Sidewalks and Public Places) of the San Luis Obispo Municipal Code is hereby repealed. SECTION 2. New Chapter 12.36 is hereby adopted to read as follows: Chapter 12.36 DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA Sections: 12.36.010 Establishment. 12.36.020 Boundaries. 12.36.030 Assessment — Imposed. 12.36.040 Assessment — Amount. 12.36.050 Assessment —Use of revenues. 01516 Ordinance No. 1516 (2008 Series) Page 2 12.36.060 Assessment — Collection. 12.36.070 Findings and determinations. 12.36.080 Council's authority to enter into annual agreements for revenue expenditures. 12.36.100 Exemptions— Contributions from exempt persons welcome. 12.36.010 Establishment. There is hereby created and established the downtown parking and business improvement area. 12.36.020 Boundaries. The boundaries of the area are generally shown on Exhibit A map attached to the ordinance codified in this chapter and on file in the office of the city clerk, and are more specifically described as follows: From Santa Rosa Street along Palm Street to Broad Street, Broad to Monterey, Monterey to Nipomo, Nipomo to San Luis Creek, San Luis Creek to a point where Beach Street would intersect, from this intersection point to Beach and Marsh, Marsh to Nipomo, Nipomo to Pacific, Pacific to Santa Rosa, Santa Rosa to Palm. The area shall include the businesses fronting on both sides of the boundary streets listed in the preceding paragraph, and at all four corners of the intersections of the boundary streets listed in the preceding paragraph, except that it shall not include the northwesterly corner of Monterey and Nipomo Streets. 12.36.030 Assessment — Imposed. Each and every business in the downtown parking and business improvement area shall be subject to, and shall pay an assessment to support the activities of the area, except as otherwise provided in Section 12.36.090. 12.36.040 Assessment — Amount. The amount of assessment to be paid by each business annually shall be one hundred and ten percent (110 %) of the business tax levied upon the business by the city except that the minimum annual assessment shall be $150.00. 12.36.050 Assessment —Use of revenues. The only uses for which the assessment revenue from the area shall be expended are: A. Acquisition, construction or maintenance of parking facilities for the benefit of the area; provided, that the facilities shall not impair the city's ability to produce revenues for the payment of parking district No. 1 obligations; B. Decoration of any public place in the area; 0 0 Ordinance No. 1516 (2008 Series) Page 3 C. Promotion of public events which are to take place on or in public places in the area; D. Furnishing of approved music in any public place in the area; E. General promotion of retail trade activities in the area. 12.36.060 Assessment — Collection. The collection of assessments imposed in this chapter shall be made at the same time and in the same manner as the city's business tax. 12.36.070 Findings and determinations. This council finds and determines that parking and other needs are so general in the downtown section of the city, and that the size of the area is so small, that each business in the area will benefit from expenditures of assessment revenues substantially in proportion to the amount of business taxes paid (Streets and Highways Code § 36062.) 12.36.080 Council's authority to enter into annual agreements for revenue expenditures. The council shall have authority to enter into annual agreements with nonprofit business promotional groups or organizations serving the area, which authorize the groups or organizations to expend area revenues in accordance with city budgetary and accounting procedures. 12.36.090 Exemptions— Contributions from exempt persons welcome. Any business, person or institution in the area that is exempt from the payment of the business tax of the city by reason of the provisions of the United States or California State Constitutions is not to be assessed, but may make a voluntary contribution to the city to be expended only for authorized expenditures of the area. SECTION 3. The increased assessment imposed by this Ordinance shall become effective on July 3, 2008 and shall be collected with business tax renewals issued and processed for fiscal year 2008 -09. SECTION 4. 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. 4F r Ordinance No. 1516 (2008 Series) Page 4 INTRODUCED on the 20th day of May 2008, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 3rd 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 ATTEST: Audrey He City Clerk APPROVED AS TO FORM: Lonathan P. owell ey Mayor David F. Romero 1 hereby certify that this document is a true ana accurate original of Ordinance No., ana nat the ordinance was published pursuant to Ch rter Section 602. ��o� Date City Clerk t / / I loll Ln ti 3 YT, Al 0 I loll !a� �J I m I E I Ln ti !a� �J I m I E I EXHIBIT "A rr ti EXHIBIT "A rr