R 4721 RESOLUTION NO. 4721
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE DECLARING ITS INTENTION TO
CONTINUE THE ARROYO GRANDE 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 ASSESSMENT
FOR THE 2016-17 FISCAL YEAR
WHEREAS, the Parking and Business Improvement Area Law of 1989 ("PBIAL"),
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 Arroyo Grande Tourism Business Improvement District was established
in May, 2013 and incorporated into the Arroyo Grande Municipal Code ("AGMC") under
Chapter 3.46; and
WHEREAS, in accordance with the requirements of Health and Safety Code Section
36530 and AGMC Section 3.46.100, the City Council appointed an Advisory Board to
provide oversight, guidance, and recommendations regarding the use of the
assessment funds; and
WHEREAS, the AGMC and the PBIAL requires the Advisory Board to prepare and
submit an annual report ("Annual Report") stating proposed changes, improvements
and activities for the fiscal year; and
WHEREAS, on April 25, 2016, the Advisory Board approved the Annual Report; and
WHEREAS, the Advisory Board Annual Report was filed and approved by the Arroyo
Grande City Council on May 24, 2016.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
Section 1. The City Council proposes to continue the Arroyo Grande Tourism
Business Improvement District ("District") in accordance with AGMC
Chapter 3.46 and Streets and Highways Code Sections 36500 et seq. and
levy assessments for fiscal year 2016-17.
Section 2. The Annual Report is on file with the City Clerk and contains a full and
detailed description of the improvements and activities to be provided for
fiscal year 2016-17. No changes to the District boundaries are proposed,
and the report includes the estimated cost of providing improvements and
activities for fiscal year 2016-17. The assessment is not proposed to be
increased.
RESOLUTION NO. 4721
PAGE 2
Section 3. The boundaries of the District are the boundaries of the City of Arroyo
Grande.
Section 4. The assessment levied by the District shall be used for activities and
programs promoting lodging businesses in the District through the
promotion of scenic, recreational, cultural and other attractions in the
District as a tourist destination, and as further set forth in AGMC Section
3.46.030.
Section 5. The assessment is proposed to be levied on all "lodging" businesses in
the District, as that term is defined in AGMC section 3.46.020, and
allocated by the City of Arroyo Grande.
Section 6. The assessment shall be based upon two percent of the rent charged by
the operator per occupied room per night for all transient occupancies and
shall be collected quarterly.
Section 7. New lodging businesses shall not be exempt from immediate
assessment.
Section 8. A public hearing, held pursuant to AGMC Chapter 3.46 and Streets and
Highways Code Section 36535, to allow for comments and to receive
written and oral protests on the District and proposed assessment, is
hereby set for 6:00 p.m., Tuesday June 28, 2016, before the City Council
of the City of Arroyo Grande at the City Council Chambers at 215 E.
Branch St., Arroyo Grande, CA.
Section 9. 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. A
protest may be made orally or in writing by any interested person.
However, only written protests will be considered in determining if
there is a majority protest. The form and manner of protests shall
comply with Streets and Highways Code Sections 36524 and 36525.
Section 10. Any protest pertaining to the regularity or sufficiency of the proceedings
shall be in writing and clearly state the irregularity or defect to which
objection is made.
Written protests must be received by the City Clerk of the City of Arroyo
Grande before the close of the public hearing scheduled herein and may
be delivered or mailed to the City Clerk, City of Arroyo Grande, 300 East
Branch Street, Arroyo Grande, CA 93420. A written protest may be
withdrawn in writing at any time before the conclusion of the public
hearing.
RESOLUTION NO. 4721
PAGE 3
Each written protest shall contain a written description of the business in
which the person signing the protest is interested sufficient to identify the
business. If the person signing the protest is not shown on the official
records of the City of Arroyo Grande 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 business.
Section 11. If at the conclusion of the public hearing, there are of record, written
protests by the owners of lodging businesses within the District that will
pay fifty percent (50%) or more of the total assessments of the entire
District, no further proceedings to continue the District shall occur. New
proceedings to continue the District shall not be undertaken 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 of improvement or activity shall not be included in the
District.
Section 12. The City Clerk is instructed to provide notice as required by AGMC
Chapter 3.46 and Streets and Highways Code Section 36534. The City
Clerk shall give notice of the public hearing by causing this Resolution of
Intention to be published once in a newspaper of general circulation in the
City no less than seven days before the public hearing.
On motion of Council Member Barneich, seconded by Council Member Guthrie, and by
the following role call vote, to wit:
AYES: Council Members Barneich, Guthrie, Brown, Harmon, and Mayor Hill
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 24th day of May 2016.
RESOLUTION NO. 6/7-/
PAGE 4
JIM ILL, MAYOR -
ATTEST:
(767- ‘r/torW
KITTY N si TON, DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
DIANNE THOM-S% CITY MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KITTY NORTON, Deputy 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 Resolution No. 4721 was passed and adopted at a regular
meeting of the City Council of the City of Arroyo Grande on the 24th day of May,
2016.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 31st
day of May 2016.
/0"-* 4 ---2179 -
KITTY Np -TON, DEPUTY CITY CLERK
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