R 4857 RESOLUTION NO. 4857
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE LEVYING AN ANNUAL
ASSESSMENT FOR THE ARROYO GRANDE TOURISM
BUSINESS IMPROVEMENT DISTRICT FOR THE 2018-19
FISCAL YEAR
WHEREAS the Parking and Business Improvement Area 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 the 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 in Chapter 3.46;
and
WHEREAS in accordance with the requirements of Streets and Highways Code Section
36530 and Arroyo Grande Municipal Code 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 Arroyo Grande Municipal Code and the Parking and Business
Improvement Area Law of 1989 requires the Advisory Board to prepare and submit an
annual report stating proposed changes, improvements and activities for the fiscal year;
• and
WHEREAS the Advisory Board annual report was considered and approved by the
Arroyo Grande City Council at its April 10, 2018 meeting; and
WHEREAS, in accordance with the procedures contained in Streets and Highways
Code Section 36534, on May 10, 2018 the City Council adopted a Resolution of
Intention to levy an annual assessment for the Arroyo Grande Tourism Business
Improvement District for the 2018-19 fiscal year and set a public hearing for May 22,
2018 to consider the annual assessment and hear any oral or written protests; and
WHEREAS, the City Council held a duly noticed Public Hearing on May 22, 2018 to
allow for protests, as required by Streets and Highway Code Section 36524, and,
sufficient written protests were not received from lodging businesses in the District
which pay fifty percent or more of the assessment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande as follows:
SECTION 1. The City Council hereby continues the established Arroyo Grande Tourism
Business Improvement District in accordance with Arroyo Grande
RESOLUTION NO. 4857
PAGE 2
Municipal Code Chapter 3.46 and California Streets and Highways Code
Sections 36500 et seq. (Parking and Business Improvement Area Law of
1989) and levies assessments for fiscal year 2018-19 as further contained
herein.
SECTION 2. The report of the Arroyo Grande Tourism Business Improvement District
Advisory Board is hereby confirmed.
SECTION 3. The location and boundaries of the Arroyo Grande Tourism Business
Improvement District are the boundaries of the City of Arroyo Grande.
SECTION 4. The assessment levied by the Arroyo Grande Tourism Business
Improvement 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 Arroyo Grande Municipal Code
Section 3.46.030.
SECTION 5. The assessment will be levied and allocated by the City of Arroyo Grande.
SECTION 6. The assessment is to be levied on all "lodging", as that term is defined in
Arroyo Grande Municipal Code Section 3.46.020.
SECTION 7. The assessment for fiscal year 2018-19 shall be levied on all lodging
businesses within the AGTBID boundaries and shall be based upon two
percent of the rent charged by the operator per occupied room per night
for all transient occupancies. The assessment shall be collected quarterly,
based on two percent of the rent charged by the operator per occupied
room per night in revenues for the previous quarter.
SECTION 8. New lodging businesses shall not be exempt from immediate assessment.
On motion of Council Member Barneich, seconded by Council Member Ray, and by the
following roll call vote, to wit:
AYES: Council Members Barneich, Ray, Harmon, and Brown
NOES: None
ABSENT: Mayor Hill
the foregoing Resolution was passed and adopted this 22nd day of May, 2018.
RESOLUTION NO. `/857
PAGE 3
JIM HILL, MAYOR 10
ATTEST:
i /
KELLY ET' ORE, CITY CLERK
APPROVED
AS TO CONTENT:
JAMES A.W40 AN, CITY MANAGER
APPROVED AS TO FORM:
H ATHER WHITH A , CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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. 4857 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 22nd day of May, 2018.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th day of
May, 2018.
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KELLY T RE, CITY CLERK