R 5349 RESOLUTION NO. 5349
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.2024-25 FISCAL YEAR
WHEREAS, the Parking and Business Improvement Area Law of 1989 ("PBIAL"),
sections 36500 et seq. of the Streets and Highway 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 201-3 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 February 20, 2024, 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 March 26, 2024.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
1. All recitals set forth above, are true, correct and incorporated herein.
2. The City Council hereby declares its intention 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 to levy
assessments for fiscal year 2024-25.
RESOLUTION NO. 5349
PAGE 2
3. 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 2024-
25. No changes to the District boundaries are proposed, and the report includes
the estimated cost of providing improvements and activities for fiscal year 2024-
25. The assessment is not proposed to be increased.
4. The boundaries of the District are the boundaries of the City of Arroyo Grande.
5. 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 ACMG Section 3.46.030.
6. 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.
7. 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.
8. New lodging businesses shall not be exempt from immediate assessment.
9. 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
April 23, 2024, 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: Zoom Meeting: httos://us02web.zoom.us/j/83255848846; Webinar ID:
832 5584 8846; Or by Telephone: 1-669-900-6833; 1-346-248-7799.
10. 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.
11. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in
writing and clearly state the irregularity of 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 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
RESOLUTION NO. 5349
PAGE 3
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 records of the City of Arroyo Grande as the owner of a business, then
the protest shall contain or be accompanied by written evidence that the person is
the owner of the business.
12.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.
13.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 Barneich, seconded by Council Member George, and
on the following roll call vote, to wit:
AYES: Council Members Barneich, George, Secrest, Guthrie, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 26th day of March, 2024
RESOLUTION NO. 5399
PAGE 4
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CAR RAY ' US' OM, MAYOR
ATTEST:
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JES ICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
. `r HEW DOWNING, CITY_M AGER
APPROVED AS TO FORM:
J
ISAAC R EN, 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. 5349 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 26th day of March, 2024.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 2nd day of
April, 2024.
SSICA MATSON, CITY CLERK