R 5193 RESOLUTION NO. 5193
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 2022-23 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 ("AGTBID" or
"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 26, 2022 meeting; and
WHEREAS, in accordance with the procedures contained in Streets and Highways Code
Section 36534, on April 26, 2022, the City Council adopted a Resolution of Intention to
levy an annual assessment for the Arroyo Grande Tourism Business Improvement District
for the 2022-23 fiscal year and set a public hearing for May 24, 2022, to consider the
annual assessment, hear any oral testimony regarding the assessment and receive any
written protests; and
WHEREAS. The City Council held a duly noticed public hearing on May 24, 2022, to allow
for protests, as required by Streets and Highways Code Section 36524, and, sufficient
written protests were not received from lodging businesses in the District which pay fifty
percent of more of the assessment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
RESOLUTION NO. 5193
PAGE 2
2. 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 36500 et seq.
(Parking and Business Improvement Area Law of 1989) and levies assessments
for fiscal year 2022-23 as further described herein.
3. The report of the Arroyo Grande Tourism Business Improvement District Advisory
Board is hereby confirmed.
4. The location and boundaries of the Arroyo Grande Tourism Business Improvement
District are the boundaries of the City of Arroyo Grande.
5. 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.
6. The assessment will be levied and allocated by the City of Arroyo Grande.
7. The assessment is to be levied on all "lodging," as that term is defined in Arroyo
Grande Municipal Code Section 3.46.020.
8. The assessment for fiscal year 2022-23 shall be levied on all lodging businesses
within the ATBID 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.
9. New lodging businesses shall not be exempt from immediate assessment.
On motion of Council Member Storton, seconded by Council Member Paulding, and on
the following roll call vote, to wit:
AYES: Council Members Storton, Paulding, George, Barneich, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 24th day of May, 2022.
RESOLUTION NO. 511
PAGE 3
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CAREN RAY !' SOM, MAYOR
ATTEST:
. SSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
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WHITNEY flitDONA ., ITY MANAGER
APPROVED AS TO FORM:
TIMOTHY . CARMEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, JESSICA MATSON, 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. 5193 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 24th day of May, 2022.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 31St day of
May, 2022.
JESSICA MATSON, CITY CLERK