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R 4585 RESOLUTION NO. 4585 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 FISCAL YEAR 2014-15 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 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 ("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 Municipal Code 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 28, 2014, the Advisory Board approved the Annual Report; and WHEREAS, the Advisory Board report was filed and approved by the Arroyo Grande City Council on May 13,2014. 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 2014-15. 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 2014-15. No changes to the District boundaries are proposed, and the Annual Report includes the estimated cost of providing RESOLUTION NO. 4585 PAGE 2 improvements and activities for fiscal year 2014-15. The assessment is not proposed to be increased. 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, and is hereby set for 6:00 p.m., Tuesday June 10, 2014, 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 RESOLUTION NO. 4585 PAGE 3 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 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 Brown, and by the following roll call vote, to wit: AYES: Council Members Barneich, Brown, Costello, Guthrie, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 13th day of May 2014. RESOLUTION NO. 2/585 PAGE4 / Lt.. //7 L r t • F,,: RA, MAYOR ATTEST: ■ 4tat574._ KELLY ETM"RE, CITY CLERK APPROVED AS TO CONTENT: STE N ADAMS, CITY MANAGER APPROVED AS TO FORM: TIM HY J. CAR , 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. 4585 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 13th day of May, 2014. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of May, 2014. MilitaetC- KELLY TMO E, CITY CLERK