R 4991 RESOLUTION NO. 4991
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 2020-21 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 28, 2020 meeting; and
WHEREAS, in accordance with the procedures contained in Streets and Highways Code
Section 36534, on April 28, 2020, the City Council adopted a Resolution of Intention to
levy an annual assessment for the Arroyo Grande Tourism Business Improvement District
for the 2020-21 fiscal year and set a public hearing for May 26, 2020, to consider the
annual assessment and hear any oral testimony and receive any written protests; and
WHEREAS, the City Council held a duly noticed Public Hearing on May 26, 2020, 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 Municipal
Code Chapter 3.46 and California Streets and Highways Code Sections
RESOLUTION NO. 4991
PAGE 2
36500 et seq. (Parking and Business Improvement Area Law of 1989) and
levies assessments for fiscal year 2020-21 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 2020-21 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 Mayor Ray Russom, seconded by Council Member George, and by the
following roll call vote, to wit:
AYES: Mayor Ray Russom, Council Members George, Paulding, Barneich, and Storton
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 26th day of May, 2020.
RESOLUTION NO. 1/q9 I
PAGE 3
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CAREN RA '=,/SSOM, MAYOR
ATTEST:
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KELLY i ET `.RE, CITY CLERK
APPROVED AS TO CONTENT:
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BILL ROBESON, ACTING CITY MANAGER
APPRO AS TO FORM:
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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. 4991 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 26th day of May, 2020.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th day of
May, 2020.
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KELLY ET`l ORE, CITY CLERK