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HomeMy WebLinkAboutO 2025-008 ORDINANCE NO. 2025-008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO AMEND THE ARROYO GRANDE MUNICIPAL CODE CHAPTER 3.46 AMENDING THE AUTHORIZED IMPROVEMENTS AND ACTIVITIES TO BE FUNDED BY ASSESSMENTS IMPOSED THROUGH THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, on July 22, 2025, the City Council of the City of Arroyo Grande adopted a Resolution of Intention declaring its intent to amend the authorized improvements and activities funded by assessments (the “Authorized Uses”) imposed through the Arroyo Grande Tourism Business Improvement District (“AGTBID”), and to initiate the process to amend Chapter 3.46 of the Arroyo Grande Municipal Code ; and WHEREAS, the AGTBID was formed pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code section 36500 et seq. (the “Act”), and codified under Chapter 3.46 of the Arroyo Grande Municipal Code; and WHEREAS, the proposed amendments to the Authorized Uses are intended to enhance the benefits provided to the businesses located within the AGTBID by increasing the ability to support such businesses, improve the visitor experience, and promote tourism and economic vitality within the AGTBID; and WHEREAS, on August 12, 2025, the City Council held a duly noticed public hearing to receive public comments and consider any written protests regarding the proposed amendments to the AGTBID’s Authorized Uses; and WHEREAS, at the conclusion of the public hearing the City Council found there was no majority protest, as defined under section 36525 of the Act, to the proposed amendment to the Authorized Uses and the City Council therefore approved such amendment to the Authorized Uses; and WHEREAS, the City Council now desires to amend Chapter 3.46 of the Arroyo Grande Municipal Code as described below. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The recitals above are true and correct and are incorporated herein by reference and adopted as findings by the City Council. SECTION 2. CEQA Compliance. The City Council finds that the recommended actions to support the Arroyo Grande Tourism Business Improvement District are not subject to the California Environmental Quality Act (“CEQA”) because these efforts have no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060 (c)(2) and (3), 15378). ORDINANCE NO. 2025-008 PAGE 2 SECTION 3. Amendment. Section 3.46.030, Authorized Uses, of the Arroyo Grande Municipal Code is hereby amended to read in its entirety as follows: Section. 3.46.030 Authorized Uses The purpose of forming the AGTBID is to provide revenue to defray the costs of services, activities and programs promoting lodging businesses in the AGTBID through the promotion of scenic, recreational, cultural and other attractions in the AGTBID as a tou rist destination. It is the intent of this chapter to provide a supplemental source of funding for the promotion of lodging operations in the AGTBID and it is not intended to supplant any other existing sources of revenues that may be used by the city of A rroyo Grande for the promotion of the lodging industry. Funds collected from assessments imposed on businesses within the AGTBID may be used for the following improvements and activities that benefit the businesses located and operating within the AGTBID, as authorized by Law: A. Improvements, including the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more, including, but not limited to the following: 1. Parking facilities, benches, trash receptacles, street lighting, decorations including public art and cultural enhancements, parks, and fountains. B. Promotion and furnishing of activities, including but not limited to: 1. Promotion of public events which benefit businesses within the AGTBID and which take place on or in public spaces within the AGTBID; 2. Furnishing of music in any public place within the AGTBID; 3. Promotion of tourism within the AGTBID; and 4. Activities which benefit businesses located and operating within the AGTBID. SECTION 4. Amendment. Section 3.46.080, Use of Revenue, of the Arroyo Grande Municipal Code is hereby amended to read in its entirety as follows: Section. 3.46.080 Use of Revenue. The Authorized Uses of revenue are defined in Section 3.46.030 above. The total revenue from the levy of assessments within the AGTBID shall not be used to provide improvements or activities outside the AGTBID or for any purpose other than the purposes specified in Section 3.46.030. The proceeds of the lodging business assessment and any other voluntary contributions shall be spent to administer the AGTBID pursuant to this Chapter 3.46, including the calculation, collection, and enforcement of assessments. All funds shall be expended consistent with the purposes of this Section. Funds remaining at the end of any AGTBID term may be used in subsequent years in which AGTBID assessments are levied as long as they are used consistent with the requirements of this Section. The Arroyo Grande City Council shall consider recommendations made by the advisory board created by Section 3.46.100 of this chapter as to the use of assessment revenue. SECTION 5. Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be ORDINANCE NO. 2025-008 PAGE 3 construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 6. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 7: Effective Date. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 8: City Clerk’s Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of t he text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. On motion of Council Member Maraviglia, seconded by Council Member Secrest, and on the following roll call vote to wit: AYES: Council Members Maraviglia, Secrest, Loe, and Guthrie NOES: None ABSENT: Mayor Ray Russom the foregoing Ordinance was adopted this 26th day of August, 2025. CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY ORDINANCE NO. 2025-008 PAGE 4 OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Ordinance No. 2025-008 which was introduced at a regular meeting of the City Council on August 12, 2025; was passed and adopted at a regular meeting of the City Council on the 26th day of August 2025; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of August, 2025. JESSICA MATSON, CITY CLERK