R 4985 RESOLUTION NO. 4985
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 ASSESSMENTS FOR THE
DISTRICT, AND TO SET A DATE FOR THE PUBLIC
HEARING ON THE DISTRICT AND THE ASSESSMENT
FOR THE 2020-21 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 Streets and Highways 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 require 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 20, 2020, 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 April 28, 2020.
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 2019-20.
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 2020-21. No changes to the District boundaries are proposed,
and the report includes the estimated cost of providing improvements and
activities for fiscal year 2020-21. The assessment is not proposed to be
increased.
RESOLUTION NO. 4985
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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 (2%) 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 May 26, 2020, before the City Council of the City of
Arroyo Grande at the City Council Chambers at 215 E. Branch St., Arroyo
Grande, CA or via teleconference as follows:1-833-493-5844.
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.
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
RESOLUTION NO. 4985
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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 of a majority protest by the City
Council. 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 (7) days before the public hearing.
On motion of Council Member Storton, seconded by Council Member Paulding, and by
the following roll call vote, to wit:
AYES: Council Members Storton, Paulding, Barneich, George, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 28th day of April 2020.
RESOLUTION NO. f965
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ifiCAREN RAYMSSOM MAYOR
ATTES :
•
KELLY ET' ORE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A BERG'MAN, CITY MANAGER
APPROVED AS TO FORM:
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1711\- -
TIMOTHY J. CARMEL, 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. 4985 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 28th day of April, 2020.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of
April, 2020.
KELLY ET 1•RE, CITY CLERK