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R 5353 RESOLUTION NO. 5353 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 2024-25 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 require 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 March 26, 2024 meeting; and WHEREAS, in accordance with the procedures contained in Streets and Highways Code Section 36534, on March 26, 2024, the City Council adopted a Resolution of Intention to levy an annual assessment for the Arroyo Grande Tourism Business Improvement District for the 2024-25 fiscal year and set a public hearing for April 23, 2024, 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 April 23, 2024, 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 or 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. 5353 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 2024-25 as further contained 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 Sections 3.46.030 and 3.46.080. 6. The assessment will be levied and allocated by the City of Arroyo Grande. 7. The assessment is to be levied on all "lodging" businesses, as that term is defined in Arroyo Grande Municipal Code Section 3.46.020. 8. The assessment for fiscal year 2024-25 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 George, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members George, Guthrie, and Secrest NOES: None ABSENT: Council Member Barneich and Mayor Ray Russom The foregoing Resolution was passed and adopted this 23rd day of April, 2024. RESOLUTION NO. 5353 PAGE 3 P dor ii CAREN RAY - -SOM, MAYOR ATTEST: i SSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MAN,A APPROVED AS TO FORM: ISAAw'iS' , ►, -NEY 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. 5353 was passed and adopted at a'regular meeting of the City Council of the City of Arroyo Grande on the 23rd day of April, 2024. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 2nd day of May, 2024. SICA MATSON, CITY CLERK