HomeMy WebLinkAbout0649ORDINANCE NO. 649 (1975 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING THE DOWNTOWN PARKING AND BUSINESS
IMPROVEMENT AREA.
WHEREAS, on September 2, 1975, this Council adopted
Resolution No'. 2879, entitled, "A RESOLUTION.OF INTENTION TO
ESTABLISH A PARKING AND BUSINESS IMPROVEMENT AREA WITHIN THE
DOWNTOWN SECTION OF THE CITY OF SAN LUIS OBISPO AND SETTING
A HEARING DATE THEREFOR ", and
WHEREAS, at 7:00 P. M., October 6, 1975, this Council held
a duly noticed public hearing at City Hall pursuant to Resolution
No. 2879 to consider the establishment of a.Parking and Business
Improvement Area within the portions of the downtown business
district described in Resolution No. 2879; and
WHEREAS, this Council finds that there was no majority
protest at said hearing to the formation of said Area; and
WHEREAS, this Council finds that the public interest would
be served by the formation of such an Area within the boundaries
proposed in Resolution No. 2879.
NOW,,THEREFORE, BE IT ORDAINED by the Council of the City
of San Luis Obispo as follows:
SECTION 1. The Municipal Code of the City of San Luis
Obispo is hereby amended by adding Municipal Code Section 6101
to Article VI, Chapter I (Business Licenses) as follows:
R
Ordinance No. 649
2
#75 Series)
Section 6101. Downtown Parking and Business Improvement Area.
(a) There is hereby created and established the Downtown
Parking and Business Improvement Area.
(b) The boundaries of said Area are generally shown on
Exhibit "A" map attached hereto, 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 inter-
section 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 above, and
at all four corners of the intersections of said
boundary street listed above, except that it shall
not include the northwesterly corner of Monterey and
Nipomo Streets.
(c) Each and every business in the Downtown Parking and
Business Improvement Area shall be subject to, and shall pay,
a new, separate and additional tax to support the activities
of the Area, except as otherwise provided in subsection (j).
(d) The amount of additional tax to be paid by each business
annually shall be one- hundred percent (100 %) of the business
license taxes levied upon said business by the City of San
Luis Obispo.
ordinance No. 649 3 5 Series)
(e) The only uses for which the tax revenue from said Area
shall be expended are:
(1) The acquisition, construction or maintenance of
parking facilities for the benefit of the Area, provided
that said facilities shall not impair the City's ability
to produce revenues for the payment of Parking District
No. 1 obligations.
(2) Decoration of any public place in the Area.
(3) Promotion of public events which are to take
place on or in public places in the Area.
(4) Furnishing of approved music in any public place
in the Area.
(5) The general promotion of retail trade activities
in the Area.
(f) The collection of the additional tax imposed herein
shall be made at the same time and in the same manner as any
other City business license tax; provided, however, that the
tax imposed herein for the remaining portion of the 1975 -76
fiscal year shall be due and payable in full within 15 days
after the City mails notice of the amount of tax to be paid
for said fiscal year.
(g) This Council finds and determines that parking and
other deficiencies are so general in the downtown section of
the City, and that the size of the new Area is so small, that
each business in the Area will benefit from expenditures for
parking facilities substantially in proportion to the amount
of additional taxes levied upon all businesses. (Streets &
Highways Code §36062.)
Ordinance No. 649
4 #75 Series)
(h) An Advisory Board of eleven (11) representatives from
among those who have businesses in the Area and who are subject
to the tax shall be appointed by the City Council in accordance
with standard City procedures to advise and recommend to the
Council the methods and ways in which the revenues derived from
the additional tax shall be expended. Each Board member shall
serve for a period of two (2) years, provided that five (5) of
the first members appointed shall.be appointed to initial one -
year terms, and provided further that any member may be removed
and replaced by the Council at any time after hearing the
recommendations and advice of the Advisory Board.
A nominating committee of five (5) members will be appointed
by the existing Downtown Association from the licensed businesses
within the Improvement Area. This committee will prepare a list
of twenty -two (22) nominees and hold a ballot within the Area,
and therefrom submit the fifteen (15) nominees receiving the
highest vote totals from which eleven (11) will be appointed
to the Board by the City Council. The Board's first order of
business shall be to establish by -laws for its operation, subject
to approval of said by -laws by the City Council.
(i) The Council shall have full authority to enter into
annual agreements with non - profit business promotional groups
or organizations serving the Area which authorize said groups
or organizations to expend Area revenues in accordance with City
budgetary and accounting procedures.
(j) Any business, person, or institution in the Area which
is exempt from the payment of the business license tax of the
City by reason of the provisions of the United States or
Ordinance No. 649
5 5 Series)
California State Constitutions is not to be taxed, but may make
a voluntary contribution to the City to be expended only for
authorized expenditures of the Area.
(k) The additional tax imposed by this section shall
become effective on December 1, 1975.
SECTION 2. This Ordinance, together with the ayes and noes,
shall be published once in full, at least three.days before its
final passage, in the Telegram- Tribune, a newspaper published
and circulated in said City, and the same shall go into effect
at the expiration of thirty days after its said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City
of San Luis Obispo at a Regular Meeting thereof held on the
6th day of October, 1975, on motion of Councilman Gurnee,
seconded by Councilman Norris, and on the following roll call
vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson
and Mayor Schwartz
NOES: None
ABSENT: None
ATTEST:
X.
RM
FINALLY PASSED this 27th day of October 19 75 ,
by the following roll call vote:
AYES: Councilman Graham, Norris, Petterson, Gurnee and
Mayor Schwartz
NOES: None
ABSENT: None
ATTEST:
CLERK J.H. FITZPATRICK
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