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HomeMy WebLinkAboutr10400intentiontocontinueslotbidtocontinuebasisfor&levyassessmentfordistrictsetdatepublichearingondistrictasst2012-13RESOLUTION NO . 10400 (2012 Series ) RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING ITS INTENTIO N TO CONTINUE THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMEN T DISTRICT, TO CONTINUE THE BASIS FOR AND TO LEVY THE ASSESSMEN T FOR THE DISTRICT, AND TO SET A DATE FOR THE PUBLIC HEARING ON TH E DISTRICT AND THE ASSESSMENT FOR 2012-1 3 WHEREAS the Parking and Business Improvement Law of 1989, sections 36500 et seq . of the Streets and Highways Code, authorizes cities to establish business improvement district s for several purposes, one of which is promotion of tourism ; and WHEREAS the lodging businesses within the proposed City of San Luis Obisp o Tourism Business Improvement District had requested the City of San Luis Obispo establis h such a self-assessment improvement district in 2008 ; and WHEREAS the San Luis Obispo Tourism Business Improvement District wa s established in July 2008 and incorporated into the Municipal Code under Chapter 12 .42 ; an d WHEREAS the assessment went into effect on October 1, 2008 ; and WHEREAS the City Council appointed an advisory board to provide oversight , guidance, and recommendations regarding the use of the assessment funds ; and WHEREAS the City Municipal Code and the Parking and Business Improvement La w require the advisory board to prepare and submit an annual report stating proposed changes , improvements and activities for the fiscal year ; and WHEREAS this report was filed and approved by the City Council on October 2, 2012 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Lui s Obispo as follows : a)The San Luis Obispo City Council proposes to continue the established Tourism Busines s Improvement District in the City of San Luis Obispo in accordance with City Municipa l Code Chapter 12 .42 and the California Streets and Highways Code, sections 36500 et seq .(Parking and Business Improvement Law of 1989). b)The assessment levied by the Tourism Business Improvement District shall be used t o promote lodging at the hotels within the district and administer a marketing program tha t increases overnight hotel stays pursuant to the set goals . c)The assessment will be levied and allocated by the City of San Luis Obispo . d)The assessment is proposed to be levied on all "hotels," as that term is defined in Sa n Luis Obispo Municipal Code section 3 .04 .020, to wit : any structure, or any portion of an y R 10400 Resolution No . 10400 (2012 Series ) Page 2 structure, which is occupied or intended or designed for occupancy by transients fo r dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home o r house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartmen t house, dormitory, public or private club, mobile home or house trailer at a fixed location , or other similar structure or portion thereof . e)The assessment shall be based on two percent (2%) of gross room rent . f)New hotels shall not be exempt from immediate assessment . g)The public hearing, held pursuant to the City Municipal Code Chapter 12 .42 and th e Parking and Business Improvement Law of 1989, section 36535 of the Streets an d Highways Code, is to allow for comments on the District and proposed assessment, and i s hereby set for 6 P .M ., Tuesday, October 16, 2012, before the City Council of San Lui s Obispo at the City Council Chambers at 990 Palm Street, San Luis Obispo, California . h)At the public hearing, the testimony of all interested persons for or against th e continuation of the District, the boundaries of the District, or the furnishing of specifie d types of improvements or activities will be heard . i)Any protest against the continuation of the City of San Luis Obispo Tourism Busines s Improvement District and the levying of the assessment, or any aspect thereof, may b e made in writing . A protest may be withdrawn at any time before the conclusion of th e public hearing . Any written protest shall contain a description of the business in whic h the person signing the protest is not shown on the official records of the City of San Lui s Obispo as the owner of the business, then the protest shall contain or be accompanied b y written evidence that the person is the owner of the authorized representative of th e business . Any protest as to the regularity or evidence of the proceedings shall be i n writing and clearly state the irregularity or defect to the City of San Luis Obispo at 99 0 Palm Street, San Luis Obispo, CA 93401 . j) If, at the conclusion of the public hearing, there are of record, written protests by th e owners of businesses within the proposed San Luis Obispo Tourism Busines s Improvement District that will pay fifty percent (50%) or more of the total assessments o f the entire San Luis Obispo Tourism Business Improvement District, no furthe r proceedings to continue the San Luis Obispo Tourism Business Improvement Distric t shall occur . New proceedings to form the San Luis Obispo Tourism Busines s Improvement District shall not be undertaken again for a period of at least one (1) yea r from the date of the finding . If the majority of written protests are only as to a n improvement or activity proposed, then that type of improvement or activity shall not b e included in the San Luis Obispo Tourism Improvement District . BE IT THEREFORE RESOLVED,the City Clerk is instructed to provide notice a s required by the City Municipal Code Chapter 12 .42 and the Parking and Business Improvemen t Law of 1989, section 36534, subpart (7) of the Streets and Highways Code, to wit : the City Clerk shall give notice of the public hearing by causing the resolution of intention to be published once Resolution No . 10400 (2012 Series ) Page 3 in a newspaper of general circulation in the City no less than seven days before the publi c hearing . Upon motion of Council Member Carpenter, seconded by Council Member Smith, and o n the following roll call vote : AYES : Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter and Mayor Marx NOES : None ABSENT : None The foregoing resolution was adopted this 2 id day of October 2012 . ATTEST : City Cler k APPROVED AS TO FORM :