HomeMy WebLinkAboutR-10751 - Declaring the basis for and the levy of the assessment for TBIDRESOLUTION NO. 10751 (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;
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Resolution No. 10751 (2016 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the 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 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 Council Member Ashbaugh, seconded by Vice Mayor Carpenter, and on the following
roll call vote:
AYES: Council Members Ashbaugh, and Rivoire,
Vice Mayor Carpenter and Mayor Marx
NOES: None
ABSENT: Christianson
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Resolution No. 10751 (2016 Series) Page 3
The foregoing resolution was adopted this 1 sc day of November 2016.
Mayor Ja Marx
ATTEST:
camza VLI)J'J�
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
hri Stine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San
Luis Obispo, California, this 104day of NbWrA6s _.
cs.6, - �' � �
Carrie Gallagher
City Clerk
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