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HomeMy WebLinkAboutOrdinance 684ORDINANCE 684 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING SECTION 3-16.07 OF THE ATASCADERO MUNICIPAL CODE, ESTABLISHING THE MEMBERSHIP OF THE ADVISORY BOARD FOR THE ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, the City of Atascadero (“City”) has formed the Atascadero Tourism Business Improvement District (“ATBID”), pursuant to Section 36500 of the Streets & Highways Code of the State of California; and WHEREAS, the members of the board of the ATBID are appointed by the City Council upon recommendation by the ATBID board pursuant to Section 3-16.07 of the Atascadero Municipal Code; and WHEREAS, the advisory board has recommended a change in the composition of the advisory board to represent the different types of lodging businesses within the City. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings. The Council hereby finds and declares the following: A. The above recitals are true and correct and are incorporated herein by reference. SECTION 2. Approval. The City Council of the City of Atascadero amends Section 3- 16.07 of Atascadero Municipal Code to read as follows: The City Council will appoint an Advisory Board for the ATBID under the following procedures: (a) The ATBID Advisory Board will be comprised of five members, with four (4) members representing lodging businesses with twenty-five (25) rooms or more in a commercial zone and one (1) member representing vacation rental lodging businesses that are not hotels as that term is defined in Chapter 9 of this code. (b) Membership on the ATBID Advisory Board is limited to lodging business owners or other representatives named in writing as an empowered designee by a lodging business owner within the ATBID area. To sponsor a member on the ATBID Advisory Board, each lodging business must have fully paid its ATBID assessment at the time of appointment, and remain fully paid during the term of that representative's membership on the Board. (c) All Advisory Board members will serve staggered terms of two years, with three board members being appointed in one year, and two board members being appointed in the following year. Docusign Envelope ID: 7AE11826-0B1C-44AE-B225-B5BCB04E7C9F City of Atascadero Ordinance No. 684 Page 2 of 3 (d) The ATBID Advisory Board will be appointed at the discretion of the City Council, following a nomination process facilitated by the lodging businesses. Each February, the current Advisory Board will mail a letter to all lodging business owners in the ATBID announcing the ATBID Advisory Board seats that are scheduled to become vacant as of July 1st of that calendar year and requesting nominations for the Board from such lodging businesses. Board nominations must meet the qualifications to maintain the composition of the Board as set forth in subsection (a). The Board shall establish its own internal procedures to make nominations and vote for candidates to be recommended to the City Council, but only those lodging businesses with twenty-five (25) rooms or more in a commercial zone shall be eligible to vote for the four (4) Board members representing lodging businesses with twenty-five (25) rooms or more in a commercial zone, and only those vacation rental lodging businesses that are not hotels as that term is defined in Chapter 9 of this code shall be eligible to vote for the one (1) Board member representing vacation rental lodging businesses that are not hotels as that term is defined in Chapter 9 of this code. (e) If the City Council rejects the recommendations of the ATBID Advisory Board, the City Council will request a new recommendation from the lodging businesses for consideration. The ATBID Advisory Board members serve at the pleasure of the City Council. The Council may, by majority vote, remove any Advisory Board member with or without cause. (f) If the City Clerk does not receive sufficient nominations of potential Board members by April 30th of any applicable years, the open positions on the ATBID Advisory Board will be appointed by the process set forth for appointing boards and commissions in Title 2 Chapter 2.08 of this code. SECTION 3. CEQA. Because of the facts set forth in Section 1, the proposed text amendment is exempt from further environmental review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(5), 15061(b)(3). SECTION 4. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 5. Preservation. Repealing of any provision of the Atascadero Municipal Code or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. Docusign Envelope ID: 7AE11826-0B1C-44AE-B225-B5BCB04E7C9F City of Atascadero Ordinance No. 684 Page 3 of 3 SECTION 6. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such previous Atascadero Municipal Code provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8. Notice. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances, make a note of the passage and adoption in the records of this meeting and within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 9. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. INTRODUCED at a regular meeting of the City Council held on February 25, 2025, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on March 11, 2025. CITY OF ATASCADERO: ____________________________________ Charles Bourbeau, Mayor ATTEST: _____________________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ______________________________________ Dave Fleishman, City Attorney Docusign Envelope ID: 7AE11826-0B1C-44AE-B225-B5BCB04E7C9F STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss CITY OF ATASCADERO ) I, ALYSSA M. SLATER, Deputy City Clerk of the City of Atascadero, DO HEREBY CERTIFY that Ordinance No. 684 was duly introduced at a regular meeting held February 25, 2025 and adopted at a regular meeting of the City Council held on the 11th day of March, 2025 by the following roll call vote, to wit: AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz, Mayor Bourbeau NOES: None ABSENT: None _____________________________________ ALYSSA M. SLATER, DEPUTY CITY CLERK I hereby certify that the foregoing is the original of Ordinance No. 684 duly passed and adopted by the Atascadero City Council at their regular meeting held on March 11, 2025 and that summaries of the Ordinance were published on 2/27/2025 and 3/13/2025 in the News Times newspaper. _____________________________________ ALYSSA M. SLATER, DEPUTY CITY CLERK Docusign Envelope ID: 7AE11826-0B1C-44AE-B225-B5BCB04E7C9F Docusign Envelope ID: 7AE11826-0B1C-44AE-B225-B5BCB04E7C9F Docusign Envelope ID: 7AE11826-0B1C-44AE-B225-B5BCB04E7C9F