HomeMy WebLinkAboutr10309tbidassessmentaffirmdistrictRESOLUTION NO . 10309 (2011 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING THE BASI S
FOR 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 ; 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 the San Luis Obispo Tourism Business Improvement District law
was incorporated into the Municipal Code under Chapter 12 .42 ; an d
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, and
recommendations regarding the use of the assessment funds ; an d
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 and
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 4, 2011 ;
and
WHEREAS,on October 4, 2011 the City Council adopted Resolution No . 10306 (201 1
Series) declaring its intention to continue the San Luis Obispo Tourism Business Improvemen t
District in 2011-12 ; an d
WHEREAS,the City Council held a duly noticed Public Hearing on October 18, 2011 t o
allow for protests, as contemplated by Streets and Highway Code Section 36524 ; and
WHEREAS,sufficient written or oral protest were 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 District law ,
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Resolution No . 10309 (2011 Series )
Page 2
San Luis Obispo Municipal Code Chapter 12 .42, and the California Streets and Highway s
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 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 thereof.
e.The assessment shall be based on two percent (2%) of gross room rent.
f.New hotels shall not be exempt from assessment .
Upon motion of Vice Mayor Ashbaugh seconded by Council Member Carter and on th e
following vote :
AYES :
Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaug h
and Mayor Marx
NOES :
Non e
ABSENT : None
The foregoing resolution was adopted this 18 th day of October 201 1
ATTEST :
Elaina Can o
City Clerk