HomeMy WebLinkAboutr10306tbidcontinuationlevyassessmentRESOLUTION NO . 10306 (2011 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 DATES FOR THE PUBLIC HEARINGS ON TH E
DISTRICT AND THE ASSESSMENT FOR 2011-1 2
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 ; and
WHEREAS,the City Council appointed an advisory board to provide oversight ,
guidance, and recommendations regarding the use of the assessment funds ; an d
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 4, 2011 .
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 marketing programs tha t
increase overnight lodging .
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
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 ,
R 10306
Resolution No . 10306 (2011 Series )
Page 2
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 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 Highway s
Code, is to allow for comments on the District and proposed assessment, and is hereby set fo r
7 P .M ., Tuesday, October 18, 2011, before the City Council of San Luis Obispo at the Cit y
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 specified type s
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 be mad e
in writing . A protest may be withdrawn at any time before the conclusion of the publi c
hearing . Any written protest shall contain a description of the business in which the perso n
signing the protest is not shown on the official records of the City of San Luis Obispo as th e
owner of the business, then the protest shall contain or be accompanied by written evidenc e
that the person is the owner of the authorized representative of the business . Any protest as t o
the regularity or evidence of the proceedings shall be in writing and clearly state th e
irregularity or defect to the City of San Luis Obispo at 990 Palm Street, San Luis Obispo, C A
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 Business Improvemen t
District that will pay fifty percent (50%) or more of the total assessments of the entire Sa n
Luis Obispo Tourism Business Improvement District, no further proceedings to continue th e
San Luis Obispo Tourism Business Improvement District shall occur . New proceedings t o
form the San Luis Obispo Tourism Business Improvement District shall not be undertake n
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 o f
improvement or activity shall not be included in the San Luis Obispo Tourism Improvemen t
District.
BE IT FURTHER 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 Improvement
Law of 1989, section 36534, subpart (7) of the Streets and Highways Code, to wit : the City Cler k
shall give notice of the public hearing by causing the resolution of intention to be published onc e
in a newspaper of general circulation in the City no less than seven days before the publi c
hearing .
Resolution No . 10306 (2011 Series )
Page 3
Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Smith, and on th e
following vote :
AYES :
NOES :
ABSENT :
The foregoing resolution was adopted this 4 th day of October 2011 .
ATTEST :
Elaina Can o
City Cler k
APPROVED AS TO FORM :
J
istine Dietric k
City Attorney