HomeMy WebLinkAboutr10406basisfor&levyoftheassessmentfortheslotbid&affirmingtheestablishmentofthedistrictRESOLUTION NO . 10406 (2012 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING THE BASIS FO R
AND THE LEVY OF THE ASSESSMENT FOR THE SAN LUIS OBISP O
TOURISM BUSINESS IMPROVEMENT DISTRICT AND AFFIRMIN G
THE ESTABLISHMENT OF THE DISTRIC T
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 ; an d
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 the San Luis Obispo Tourism Business Improvement District la w
was incorporated into the Municipal Code under Chapter 12 .42 ; and
WHEREAS,the City Council appointed an advisory board to carry out the function s
specified in Street and Highways Code Section 36530, and to provide oversight, guidance, an d
recommendations regarding the use of the assessment funds ; and
WHEREAS the San Luis Obispo Tourism Business Improvement District law and th e
Parking and Business Improvement Law of 1989 requires the advisory body to prepare an d
submit an annual report stating proposed changes, improvements and activities for the fisca l
year ; and
WHEREAS,such report was filed and approved by the City Council on October 2, 2012 ;
and
WHEREAS,on October 2, 2012 the City Council adopted Resolution No . 10400 (201 2
Series) declaring its intention to continue the San Luis Obispo Tourism Business Improvemen t
District in 2012-13 ; and
WHEREAS,the City Council held a duly noticed Public Hearing on October 16, 2012 t o
allow for protests, as contemplated by Streets and Highway Code Section 36524 ; an d
WHEREAS,sufficient written or oral protest was not received from hotel businesses i n
the district which pay fifty percent or more of the assessment .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Lui s
Obispo as follows :
a . The establishment of Tourism Business Improvement District in the City of San Lui s
Obispo in accordance with the San Luis Obispo Tourism Business Improvement Distric t
law, San Luis Obispo Municipal Code Chapter 12 .42, and the California Streets an d
R 10406
Resolution No . 10406 (2012 Series )
Page 2
Highways Code, section 36500 et seq .(Parking and Business Improvement Law of 1989) i s
affirmed .
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 marketing programs tha t
increase overnight lodging .
c.The assessment shall be levied and allocated by the City of San Luis Obispo .
d.The assessment shall to be levied on all "hotels", as that term is defined in San Lui s
Obispo Municipal Code section 3 .04 .020, to wit : any structure, or any portion of an y
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 or house ,
motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house ,
dormitory, public or private club, mobile home or house trailer at a fixed location, or othe r
similar structure or portion thereo f
e.The assessment shall be based on two percent (2%) of gross room rent .
f.New hotels shall not be exempt from immediate assessment .
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh, an d
on the following roll call vote :
AYES :
Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpente r
and Mayor Marx
NOES :
None
ABSENT : None
The foregoing resolution was adopted this 16 th day of October 2012 .
i Ik .
May,n Marx
ATTEST :
Mae Kenne Grim e
City Clerk
stine Dietric k
City Attorney