HomeMy WebLinkAboutr 10463 intention to continue tbid levyRESOLUTION NO. 10463 (2013 Series)
RBSOLUTION OF THE CITY OF SAN LUIS OBISPO 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 ASSESSMBNT FOR 2OI3-I4
WHERBAS, 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
\ryHEREAS, 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 selÊassessment improvement district in 2008; and
\ryHEREAS, the San Luis Obispo Tourism Business Improvement District was
established in July 2008 and incorporated into the Municipal Code under Chapter 12.42; and
WHEREAS, the assessment went into efïect 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, this report was hled and approved by the City Council on October 7,2013
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
a) 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).
b) 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.
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 San
Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of any
R 10463
ResolutionNo. 10463 (2013 Series)
Page 2
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.
Ð New hotels shall not be exempt from immediate assessment.
g) 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 5,2013, before the City Council of San Luis
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 the
continuation of the District, the boundaries of the District, or the furnishing of specified
types of improvements or activities will be heard.
i) 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.
j) 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 fuilher 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 aperiod of at least one (1) year from the date of the hnding. 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 RESOLVBD, 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, subparl (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
ResolutionNo. 10463 (2013 Series)
Page 3
in a newspaper of general circulation in the City no less than seven days before the public
hearing.
Upon motion of Vice Mayor Smith, seconded by Council Member Christianson, and on
the following roll call vote:
AYES: Council Members Ashbaugh, Carpenter and Christianson, Vice Mayor
Smith and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this I't day of October 2013
Marx
ATTEST
Sheryll
Interim City Clerk
AS RM
Christine Dietrick
City Attorney
CMM