HomeMy WebLinkAbout11-01-2016 Item 07 Annual Public Hearing For the Tourism Business Improvement District Meeting Date: 11/1/2016
FROM: Derek Johnson, Assistant City Manager
Prepared By: Molly Cano, Tourism Manager
SUBJECT: ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS
IMPROVEMENT DISTRICT
RECOMMENDATION
1. Conduct a public hearing to receive testimony regarding the City Council ’s intention to
continue the citywide Tourism Business Improvement District; and
2. Determine whether a legally sufficient protest is made; and
3. If no legally sufficient protest is made, adopt a resolution affirming the continuation 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
2016-17.
DISCUSSION
Background
On October 18, 2016, the City Council reviewed and approved the Tourism Business
Improvement District (TBID) board’s annual report pursuant to Municipal Code Section
12.42.060 (Attachment A – Council Agenda Action Update 10.18.16).
The City’s Municipal Code further requires that, after the approval of the annual report, Council
shall adopt a resolution of intention to levy an annual assessment for that fiscal year and schedule
a public hearing to receive any written or oral protests against the district. Resolution No. 10745
(2016 Series) setting such a hearing was adopted on October 18, 2016 (Attachment B-
Resolution No. 10745).
Following the October 18, 2016 Council action, all lodging businesses within the district
including hotels, motels, bed and breakfast properties and the city permitted homestays, were
noticed for the public hearing scheduled for November 1, 2016. Notices regarding the approval
of the public hearing were sent on October 21, 2016 to all assessed properties.
Council Action: Public Hearing and Resolution
As set forth in Sections 36524 and 36525 of the California Streets and Highways Code and San
Luis Obispo Municipal Code Section 12.42.060, the Council has the ability to continue the
citywide TBID at the public hearing, unless oral or written protests are received from City
hoteliers that will pay 50% or more of the proposed assessments. Under Municipal Code Section
12.42.060, protests are weighted based upon the annual assessment for the prior year by each
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hotel. Staff will have assessment information available at the meeting, but for confidentiality
reasons, this information is not made public before or at the meeting. In the event that a negative
protest occurs, no further proceedings to continue the levy of assessments for that fiscal year
shall take place.
At the conclusion of the public hearing, if insufficient protest is received, Council may then
adopt a resolution affirming the continuation 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 2016-17. Such a resolution is provided as Attachment C.
FISCAL IMPACT
According to the City’s Financial Plan, the TBID’s projected revenue for 2016-17 is $1,435,075,
which is intended to be used for tourism marketing and promotion as outlined in the TBID
Strategic Plan.
Attachments:
a - 10-18-2016 Council Action Update
b - Resolution 10745 (2016 Series) Continue the SLO TBID 2016-17
c - Resolution confirming TBID 11-1-16
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Tuesday, October 18, 2016
ACTION UPDATE
4:00 PM
REGULAR MEETING
Council Chamber
990 Palm Street
San Luis Obispo Page 1
CALL TO ORDER: Mayor Jan Marx
ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan
Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx
BUSINESS ITEMS
1. 2015-16 ANNUAL REPORT OF THE TOURISM BUSINESS IMPROVEMENT
DISTRICT (JOHNSON / CANO – 20 MINUTES)
Assistant City Manager Johnson and Tourism Manager Cano provided an in-depth staff
report with the use of a PowerPoint presentation and responded to Council inquiries.
ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0, to:
1. Receive and approve the Tourism Business Improvement District (TBID) Board’s 2015-
16 annual report; and
2. Adopt Resolution No. 10745 (2016 Series) entitled “A Resolution of the City Council of
the City of San Luis Obispo, California, declaring its intention to continue the San Luis
Obispo Tourism Business Improvement District, to continue the basis for and to levy the
assessment for the district, and to set a date for the public hearing on the district and the
assessment for 2016-17” at the same rate as in the fiscal year 2015-16.
2. CLIMATE ACTION PLAN IMPLEMENTATION UPDATE (CODRON / FOWLER –
30 MINUTES)
Community Development Director Codron and Community Development Deputy Director
Fowler provided an in-depth staff report with the use of a PowerPoint presentation and
responded to Council inquiries.
7.a
Packet Pg. 21 Attachment: a - 10-18-2016 Council Action Update (1491 : ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT
San Luis Obispo City Council Agenda October 18, 2016 Page 2
By consensus, the City Council directed staff to:
1. Receive a status update report on the implementation of the 2012 City of San Luis
Obispo Climate Action Plan; and
2. Proceed with an analysis of the feasibility of implementing the recommendations
identified in the 2016 Climate Action Plan Progress Report and the City of San Luis
Obispo Energy Baseline Report, and return to the City Council with recommended
implementation strategies to further the City’s efforts to address climate change and to
mitigate GHG emissions.
3. 2015 TRAFFIC SAFETY REPORT AND RESOLUTION ENDORSING VISION
ZERO (GRIGSBY / HUDSON / SCHWARTZ – 45 MINUTES)
Public Works Deputy Director Bochum provided information on the 2015 Annual Traffic
Safety Report. Transportation Planner/Engineer I Schwartz spoke about Overall Citywide
Traffic Collision Trends. Focus on Citywide Ped & Bike Collision trends. Spoke about the
importance for the Primary Collision Factors.
ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL
MEMBER ASHBAUGH, CARRIED 5-0, to
1. Receive the 2015 Traffic Safety Report and approve the recommended traffic safety
measures; and
2. Adopt Resolution No. 10746 (2016 Series) entitled “A Resolution of the City Council of
the City of San Luis Obispo, California, endorsing the goal of Vision Zero for the City to
strive to achieve zero traffic deaths and serious injuries on City streets by 2030.”
RECESS TO REGULAR MEETING OF OCTOBER 18, 2016 TO BEGIN AT 6:00 P.M.
7.a
Packet Pg. 22 Attachment: a - 10-18-2016 Council Action Update (1491 : ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT
San Luis Obispo City Council Agenda October 18, 2016 Page 3
6:00 PM
REGULAR MEETING
Council Chamber
990 Palm Street
CALL TO ORDER: Mayor Jan Marx
ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan
Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx
PLEDGE OF ALLEGIANCE: Council Member Carlyn Christianson
INTRODUCTIONS
4. CASSIA COCINA - PERMIT SERVICES COORDINATOR AND MARK
SADOWSKI - BUILDING AND SAFETY SUPERVISOR (CODRON – 5 MINUTES)
Community Development Director Codron introduced Cassia Cocina as the new Permit
Services Coordinator and Mark Sadowski as the new Building and Safety Supervisor.
PRESENTATIONS
5. PRESENTATION - LEADERSHIP SLO CLASS XXIV WATERWISE
DEMONSTRATION GARDEN (JOHNSON – 5 MINUTES)
Assistant City Manager Johnson representing Leadership SLO Class XXIV, provided a
presentation regarding Waterwise Demonstration Garden.
APPOINTMENTS
6. APPOINTMENT TO THE ARCHITECTURAL REVIEW COMMISSION (ARC),
HUMAN RELATIONS COMMISSION (HRC), MASS TRANSPORTATION
COMMITTEE (MTC) (GALLAGHER / GOODWIN – 5 MINUTES)
Assistant City Clerk Maier presented the contents of the report.
ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0, to:
1. Confirm the appointment of Brian Rolph to the Architectural Review Commission to
complete an unexpired term through March 31, 2019; and
2. Confirm the appointment of Nancy Welts to the Human Relations Commission to
complete an unexpired term through March 31, 2020.
7.a
Packet Pg. 23 Attachment: a - 10-18-2016 Council Action Update (1491 : ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT
San Luis Obispo City Council Agenda October 18, 2016 Page 4
3. Confirm the appointment of Justin Frentzel to the Mass Transportation Committee, as
the ASI student representative to complete an unexpired term through March 31, 2019.
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
There were six speakers who spoke on items not on the agenda.
CONSENT AGENDA
ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL
MEMBER ASHBAUGH, CARRIED 5-0, to approve the Consent Calendar Items 7-19.
7. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
8. MINUTES OF SEPTEMBER 6 AND SEPTEMBER 8, 2016 (GALLAGHER)
CARRIED 5-0, to approve the Minutes of the City Council meetings of September 6 and
September 8, 2016.
9. GRANT FUNDED CALLE JOAQUIN PARK & RIDE, SPECIFICATION NO. 91288
REQUEST FOR AUTHORIZATION TO ADVERTISE (GRIGSBY / RICE)
CARRIED 5-0, to:
1. Approve the plans and specifications for the grant funded Calle Joaquin Park & Ride
Lot, Specification No. 91288; and
2. Authorize staff to advertise for bids, and authorize the City Manager to award the
contract if the lowest responsible bid is within the Engineer’s Estimate of $310,000.
10. CONSIDERATION OF THE HUMAN RELATION COMMISSION’S (HRC)
RECOMMENDED PRIORITIES FOR THE 2017 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND GRANTS-IN-AID (GIA) PROGRAMS (CODRON /
WISEMAN)
CARRIED 5-0, to approve the Community Development Block Grant and Grants-In-Aid
funding priorities for 2017.
11. BANKING SERVICES CONTRACT AWARD (BRADFORD / WARNER)
CARRIED 5-0, to award the banking services contract to JP Morgan and authorize the City
Treasurer to execute the agreement.
7.a
Packet Pg. 24 Attachment: a - 10-18-2016 Council Action Update (1491 : ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT
San Luis Obispo City Council Agenda October 18, 2016 Page 5
12. AUTHORIZE FUNDS FROM THE LAW ENFORCEMENT GRANT
FUND/TRAFFIC IMPOUND ACCOUNT TO PURCHASE EQUIPMENT RELATED
TO TRAFFIC SAFETY (CANTRELL / ELLSWORTH)
CARRIED 5-0, to appropriate $9,470 from available fund balance in the Law Enforcement
Grant Fund/Traffic Impound Account to purchase Lidar units and alcohol detection devices
for use by the Police Department’s Traffic Safety Division.
13. CONTRACT AWARD FOR BUSINESS LICENSE COMPLIANCE SERVICES
(BRADFORD / HERNANDEZ)
CARRIED 5-0, to award contract for Business License Compliance Services to HDL
Software, LLC and authorize the City Manager to execute the contract.
14. WADDELL RANCH OPEN SPACE ACQUISITION (JOHNSON / HILL)
CARRIED 5-0, to adopt Resolution No. 10747 (2016 Series) entitled “A Resolution of the
City Council of the City of San Luis Obispo, California, authorizing entering into a grant
agreement with the California Wildlife Conservation Board, entering into a purchase and
sale agreement with the Trust for Public Land, and authorizing the acquisition of the
Waddell Ranch Property identified as assessor parcel no. 076-051-011 totaling
approximately 154 acres in unincorporated San Luis Obispo County.”
15. DONATION ACCEPTANCE - POLICE COMMAND TRAILER (CANTRELL /
SMITH)
CARRIED 5-0, to authorize the Police Department to accept the donation of a Command
Trailer from the Arroyo Grande Police Department. This trailer would be used by the Police
Department, Fire Department and Regional SWAT Team for emergency operations within
the City of San Luis Obispo.
16. HIGHWAY BRIDGE PROGRAM GRANT APPLICATIONS (GRIGSBY / ATHEY)
CARRIED 5-0, to adopt Resolution No. 10748 (2016 Series) entitled “A Resolution of the
City Council of the City of San Luis Obispo, California, authorizing three applications to the
California Department of Transportation for bridge program funding for the Madonna Road,
Chorro, and Nipomo/Peach Bridges.”
17. ALLOCATE UP TO $300,000 FROM THE AFFORDABLE HOUSING FUND FOR
THE PURCHASE AND RESALE OF AN AFFORDABLE HOUSING UNIT
LOCATED ON 867 HUMBERT AVENUE, WITHIN THE MOYLAN TERRACE
DEVELOPMENT PROJECT (CODRON / WISEMAN)
CARRIED 5-0, to:
1. Approve up to $300,000 from the Affordable Housing Fund to purchase, and resell, an
affordable housing unit located at 867 Humbert, and appropriate funds accordingly; and
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Packet Pg. 25 Attachment: a - 10-18-2016 Council Action Update (1491 : ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT
San Luis Obispo City Council Agenda October 18, 2016 Page 6
2. Authorize the City Manager to execute documents as required to implement the
purchase, and eventual sale of 867 Humbert Ave.
18. SAN LUIS RANCH DEVELOPMENT - ECONOMIC ANALYSIS (JOHNSON)
CARRIED 5-0, to authorize the City Manager to execute a contract with Economic Planning
Systems (EPS) to assist the City with the financial analysis and related tasks for a proposed
development agreement for the San Luis Ranch Project.
19. REVIEW OF THE PUBLIC ART DESIGNS AND LOCATIONS PROPOSED FOR
THE 2016 UTILITY BOX ART PROJECT TO PAINT CITY-OWNED UTILITY
BOXES (STANWYCK / MUDGETT)
CARRIED 5-0, to approve the proposed artwork designs and traffic signal box locations for
the 2016 Utility Box Art project.
PUBLIC HEARINGS
20. REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO
DENY A NEW FOUR-STORY MIXED-USE PROJECT WITH GROUND FLOOR
COMMERCIAL/RETAIL SPACE AND 27 RESIDENTIAL UNITS, INCLUDING A
REQUEST FOR A 40% PARKING REDUCTION WITH MECHANICAL PARKING
LIFTS. 11% OF THE UNITS IN THE PROJECT WILL BE AFFORDABLE FOR
VERY-LOW INCOME HOUSEHOLDS AND AFFORDABLE HOUSING
INCENTIVES ARE REQUESTED, INCLUDING A 35% DENSITY BONUS, AND
THE CONSTRUCTION OF A 43-FOOT TALL STRUCTURE WHERE 35 FEET IS
NORMALLY ALLOWED (22 CHORRO STREET) (CODRON / COHEN – 120
MINUTES)
Council Members Christianson, Rivoire, and Vice Mayor Carpenter, noted their Ex Parte
Communications regarding the project. Council Member Ashbaugh and Mayor Marx
reported having no Ex Parte Communications.
Community Development Manager Codron and Associate Planner Cohen provided an in-
depth staff report with the use of a PowerPoint presentation and responded to Council
inquiries.
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER RIVOIRE, CARRIED 4-1 (ASHBAUGH NO), to adopt Resolution
No. 10749 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, approving a use permit for a mixed-use project in the Foothill Boulevard
special planning area, a 40 percent parking reduction and the use of mechanical parking lifts
including a categorical exemption from CEQA and a recommendation of approval of a
height exception as an affordable housing incentive as represented in the City Council
agenda report and attachments dated October 18, 2016 (22 Chorro, USE-2882-2016).”
7.a
Packet Pg. 26 Attachment: a - 10-18-2016 Council Action Update (1491 : ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT
San Luis Obispo City Council Agenda October 18, 2016 Page 7
BUSINESS ITEMS
21. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO FIREFIGHTERS LOCAL 3523 (FIRE) FOR
THE PERIOD OF 01/01/2016 – 12/31/2017 (IRONS / ZOCHER – 20 MINUTES)
Human Resources Director Irons and Human Resources Manager Zocher provided an in-
depth staff report with the use of a PowerPoint presentation and responded to Council
inquiries.
ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0, to adopt Resolution No. 10750 (2016 Series)
entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting
and ratifying the Memorandum of Agreement between the City of San Luis Obispo and the San
Luis Obispo Firefighters Local 3523 for the period of January 1, 2016 through December 31,
2017.”
COUNCIL LIAISON REPORTS
None.
COUNCIL COMMUNICATIONS
Council Member’s Ashbaugh, Christianson, and Mayor Marx noted their recent attendance at the
League of California Cities Conference.
ADJOURNMENT 10:47 P.M.
The next Regular City Council Meeting is scheduled for Tuesday, November 1, 2016 at 6:00
p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California.
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Packet Pg. 27 Attachment: a - 10-18-2016 Council Action Update (1491 : ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT
R 10745
RESOLUTION NO. 10745 (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING ITS INTENTION TO CONTINUE
THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT
DISTRICT, TO CONTINUE THE BASIS FOR AND TO LEVY THE
ASSESSMENT FOR THE DISTRICT, AND TO SET A DATE FOR THE
PUBLIC HEARING ON THE DISTRICT AND THE ASSESSMENT FOR
2016-17
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 districts for
several purposes, one of which is promotion of tourism; and
WHEREAS, the lodging businesses within the proposed City of San Luis Obispo Tourism
Business Improvement District had requested the City of San Luis Obispo establish such a self-
assessment improvement district in 2008; and
WHEREAS, the San Luis Obispo Tourism Business Improvement District was established
in July 2008 by Ordinance No. 1517 and codified into Chapter 12.42 of the City’s Municipal Code;
and
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 Law
require the advisory board to prepare and submit an annual report stating proposed changes,
improvements and activities for the fiscal year; and
WHEREAS, notices regarding the approval of the annual report were sent on October 7,
2016 to all assessed properties.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
a) That the Tourism Business Improvement District Annual Report for fiscal year 2015-
16 as filed by the advisory body is hereby approved.
b) The San Luis Obispo City Council proposes to continue the established Tourism
Business Improvement District in the City of San Luis Obispo in accordance with City
Municipal Code Chapter 12.42 and the California Streets and Highways Code, sections
36500 et seq. (Parking and Business Improvement Law of 1989).
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Packet Pg. 28 Attachment: b - Resolution 10745 (2016 Series) Continue the SLO TBID 2016-17 (1491 : ANNUAL PUBLIC HEARING FOR THE TOURISM
Resolution No. 10745 (2016 Series) Page 2
R 10745
c) The assessment levied by the Tourism Business Improvement District shall be used to
promote lodging at the hotels within the district and administer a marketing program
that increases overnight hotel stays pursuant to the set goals.
d) The assessment will be levied and allocated by the City of San Luis Obispo.
e) The assessment is proposed to be levied on all “hotels”, as that term is defined in San
Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of
any structure, which is occupied or intended or designed for occupancy by transients
for 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 other similar structure or portion thereof.
f) The assessment shall be based on two percent (2%) of gross room rent.
g) New hotels shall not be exempt from immediate assessment.
h) The public hearing, held pursuant to the City Municipal Code Chapter 12.42 and the
Parking and Business Improvement Law of 1989, section 36535 of the Streets and
Highways Code, is to allow for comments on the District and proposed assessment, and
is hereby set for 6 p.m., Tuesday, November 1, 2016, before the City Council of San
Luis Obispo at the City Council Chambers at 990 Palm Street, San Luis Obispo,
California.
i) At the public hearing, the testimony of all interested persons for or against the
continuation of the District, the boundaries of the District, or the furnishing of specified
types of improvements or activities will be heard.
j) Any protest against the continuation of the City of San Luis Obispo Tourism Business
Improvement District and the levying of the assessment, or any aspect thereof, may be
made in writing. A protest may be withdrawn at any time before the conclusion of the
public hearing. Any written protest shall contain a description of the business in which
the person signing the protest is not shown on the official records of the City of San
Luis Obispo as the owner of the business, then the protest shall contain or be
accompanied by written evidence that the person is the owner of the authorized
representative of the business. Any protest as to the regularity or evidence of the
proceedings shall be in writing and clearly state the irregularity or defect to the City of
San Luis Obispo at 990 Palm Street, San Luis Obispo, CA 93401.
7.b
Packet Pg. 29 Attachment: b - Resolution 10745 (2016 Series) Continue the SLO TBID 2016-17 (1491 : ANNUAL PUBLIC HEARING FOR THE TOURISM
Resolution No. 10745 (2016 Series) Page 3
R 10745
k) If, at the conclusion of the public hearing, there are of record, written protests by the
owners of businesses within the proposed San Luis Obispo Tourism Business
Improvement District that will pay fifty percent (50%) or more of the total assessments
of the entire San Luis Obispo Tourism Business Improvement District, no further
proceedings to continue the San Luis Obispo Tourism Business Improvement District
shall occur. New proceedings to form the San Luis Obispo Tourism Business
Improvement District shall not be undertaken again for a period of at least one (1) year
from the date of the finding. If the majority of written protests are only as to an
improvement or activity proposed, then that type of improvement or activity shall not
be included in the San Luis Obispo Tourism Improvement District.
BE IT FURTHER RESOLVED, that the City Clerk is instructed to provide notice as
required by the City Municipal Code Chapter 12.42 and the Parking and Business Improvement
Law of 1989, section 36534, subpart (b) 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
in a newspaper of general circulation in the City no less than seven days before the public hearing.
Upon motion of Council Member Ashbaugh, seconded by Council Member Christianson, and on
the following roll call vote:
AYES: Council Members Ashbaugh, Christianson and Rivoire,
Vice Mayor Carpenter and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of October 2016.
/s/ Jan Marx __________________________
Mayor
ATTEST:
/s/ Carrie Gallagher__________________________
City Clerk
7.b
Packet Pg. 30 Attachment: b - Resolution 10745 (2016 Series) Continue the SLO TBID 2016-17 (1491 : ANNUAL PUBLIC HEARING FOR THE TOURISM
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Packet Pg. 31 Attachment: b - Resolution 10745 (2016 Series) Continue the SLO TBID 2016-17 (1491 : ANNUAL PUBLIC HEARING FOR THE TOURISM
R ______
RESOLUTION NO. _________________ (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING THE BASIS FOR AND THE
LEVY OF THE ASSESSMENT FOR THE SAN LUIS OBISPO TOURISM
BUSINESS IMPROVEMENT DISTRICT, AND AFFIRMING THE
ESTABLISHMENT OF THE DISTRICT
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 districts for
several purposes, one of which is promotion of tourism; and
WHEREAS, the lodging businesses within the proposed City of San Luis Obispo Tourism
Business Improvement District had requested the City of San Luis Obispo establish such a self-
assessment improvement district in 2008; and
WHEREAS, the San Luis Obispo Tourism Business Improvement District was established in
July 2008, and the San Luis Obispo Tourism Business Improvement District Law was incorporated
into the Municipal Code under Chapter 12.42; and
WHEREAS, the City Council appointed an advisory board to carry out the functions specified
in Street and Highways Code Section 36530, and to provide oversight, guidance, and recommendations
regarding the use of the assessment funds; and
WHEREAS the San Luis Obispo Tourism Business Improvement District Law and the Parking
and Business Improvement Law of 1989 requires the advisory body to prepare and submit an annual
report stating proposed changes, improvements and activities for the fiscal year; and
WHEREAS, such report was filed and approved by the City Council on October 18, 2016; and
WHEREAS, on October 18, 2016 the City Council adopted Resolution No. 10745 (2016
Series) declaring its intention to continue the San Luis Obispo Tourism Business Improvement District
in 2016-17; and
WHEREAS, notices regarding the approval of the public hearing were sent on October 21,
2016 to all assessed properties; and
WHEREAS, the City Council held a duly noticed Public Hearing on November 1, 2016 to
allow for protests, as contemplated by Streets and Highway Code Section 36524; and
WHEREAS, sufficient written or oral protest was not received from hotel businesses in 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 Luis
Obispo as follows:
a) The establishment of Tourism Business Improvement District in the City of San Luis
Obispo in accordance with the San Luis Obispo Tourism Business Improvement District
7.c
Packet Pg. 32 Attachment: c - Resolution confirming TBID 11-1-16 [Revision 3] (1491 : ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS
Resolution No. _____ (2016 Series) Page 2
R ______
Law, San Luis Obispo Municipal Code Chapter 12.42, and the California Streets and
Highways Code, section 36500 et seq. (Parking and Business Improvement Law of 1989) is
affirmed.
b) The assessment levied by the Tourism Business Improvement District shall be used to
promote lodging at the hotels within the district and administer marketing programs that
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 Luis Obispo
Municipal Code section 3.04.020, to wit: any structure, or any portion of any structure,
which is occupied or intended or designed for occupancy by transients for 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 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.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________, 2016.
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
____________________________________
J. Christine Dietrick
City Attorney
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Packet Pg. 33 Attachment: c - Resolution confirming TBID 11-1-16 [Revision 3] (1491 : ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS
Resolution No. _____ (2016 Series) Page 3
R ______
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Carrie Gallagher
City Clerk
7.c
Packet Pg. 34 Attachment: c - Resolution confirming TBID 11-1-16 [Revision 3] (1491 : ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS