HomeMy WebLinkAboutResolution 2013-008 - ATBID RESOLUTION NO. 2013-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO APPOINTING THE INTIAL ADVISORY BOARD FOR
THE ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT
AND ESTABLISHING THE RULES AND PROCEDURES
FOR THE DISTRICT
WHEREAS, the City has formed a parking and business improvement district known as
the "Atascadero Tourism Business Improvement District" or "ATBID" pursuant to California
Streets and Highways Code Section 36500 and following under Ordinance No. 558 (ATBID
Ordinance), which was adopted by the Atascadero City Council on April 23, 2013.
WHEREAS, unless otherwise defined in this Resolution, all capitalized terms will have
the meaning ascribed to such terms in the ATBID Ordinance; and,
WHEREAS, the City Council. desires to appoint the members of the initial ATBID
Advisory Board and establish rules and procedures for the operation of the ATBID.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. Establishment of Initial Advisor. The ATBID Advisory Board for
FY 2013/2014 will be comprised of the following members to each serve two- or three-year
staggered terms, as indicated, and until their successors are duly selected and seated:
Name Term
Amar Sohi, Holiday Inn Express and Suites Three year
Jiten Patel, Best Western Plus Colony Inn Three year
Deana Alexander, The Carlton Hotel Three year
Bhikhu Patel,Rancho Tee Motel Two year
Sohem Bhakta, Super 8 Motel Two year
SECTION 2. AdvisoKy Board Nomination Process. Beginning in 2015, each Advisory
Board will be appointed by the following process:
a. In February of each year, the ATBID will mail a letter to all owners of Lodging
Businesses located in the ATBID. The letter will include an announcement of a meeting to be
held at the City Council Chambers for the purpose of making nomination for the ATBID
Advisory Board seats that are vacant or are scheduled to become vacant as of July 1 of the same
year.
b. Membership on the Advisory Board is eligible to representatives of Lodging
Businesses within the ATBID area who have fully paid their ATBID assessment at the time of
the appointment, and remain fully paid during the term of their membership on the Board.
City of Atascadero
Resolution No. 2013-008
Page 2 of 4
C. At the noticed meeting, the ATBID will facilitate a nomination process whereby
any business owners meeting the qualification established in (b) above may be nominated for a
seat on the Board.
d. At the same meeting, the ATBID will facilitate an election by secret written ballot
received, mailed, or cast at that meeting. All ATBID Lodging Business members in attendance
at the meeting will be eligible to vote. If an ATBID Lodging Business member is unable to
attend, a proxy with a signed statement from the member will be allowed to participate on the
member's behalf..
e. The persons receiving the most votes will be deemed to have won the nomination.
The .nominee's names will be forwarded to the City Clerk no later than April 30`x' of the same
year as a recommendation to the City Council for filling board vacancies.
f. The City Council will appoint the five (5)-member ATBID Advisory Board. The
ATBID Advisory Board will meet quarterly or more frequently. The ATBID Board Members
will serve at the pleasure of the City Council and may be removed at any time by the City
Council.
g. If the City Clerk does not receive nominations of potential Board Members by
April 30t" of any applicable year, the open positions on the ATBID Advisory Board will be
appointed by the process set forth for appointing boards and commissions in Chapter 2-2.08 of
the Municipal Code,
SECTION 3. Authorized Expenditures. The Advisory Board will recommend the
expenditure of ATBID assessment revenues in accordance with the ATBID program and budget
approved by the City Council, and in compliance with all City purchasing regulations, or as
otherwise set by ordinance.
SECTION 4. Preparation and Adoption of Annual Report and Resolution of Intention to
Levy Proposed Assessment. California Streets and Highways Code section 36533 requires the
Advisory Board to prepare and file with the City an annual report regarding the ATBID. The
report, among other things, is required to itemize improvements and activities in the fiscal year,
the cost of those activities,the amount of surplus or deficit revenues carried over from a previous
fiscal. year, and contributions other than assessments, the amount of any contributions to made
from sources other than the assessment levied on Lodging Businesses. The City Council will
approve the report as filed or modify any portion and approve it as modified. Pursuant to
California Streets and Highways Code sections 36534 and 36535, after approving the annual
report, the City will adopt an annual resolution of intention to levy the assessment for that fiscal
year, publish a notice, and hold a public hearing on the assessment.
SECTION 5. Protest Procedures. Pursuant to California Streets and Highways Code,
Sections 36524 and 36525, the following rules and procedures regarding the filing of protests
and a majority protest will apply to public hearings on the annual report and assessment:
City of Ataseadero
Resolution No. 2013-008
Page 3 of 4
a. At the annual public hearing to hear such protests, testimony of all interested
persons for or against any changes to the extent of the District, or the furnishing of specified
types of improvements or activities will be heard. A protest may be made in writing or orally by
any interested person. Any protest pertaining to the regularity or sufficiency of the proceeding
must be in writing and must clearly set forth the irregularity or defect to which the objection is
made.
b. Every written protest must be filed with the City Clerk on or before the public
hearing date. The City Council may waive any irregularity in the form or content of any written
protest, and at the public hearing may correct minor defects in the proceedings. A written protest
may be withdrawn in writing at any time before the conclusion of the public hearing.
C. Each written protest must contain a description of the business in which the
person subscribing the protest is interested, sufficient to identify the business and if a person
subscribing is not shown on the official records of the City as the owner of the business, the
protest must contain or be accompanied by written evidence that the person subscribing is the
owner of the business. A written protest which does not comply with this requirement will not be
counted in determining a majority protest.
d. If written protests are received from the owners of businesses in the ATBID or in
any new areas proposed to be included in the ATBID, which will pay fifty percent (50%) or
more of the assessments proposed to be levied and such protests are not withdrawn so as to
reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed
assessment, as contained in the resolution of intention, will be taken for a period of one year
from the date of the finding of a majority protest by the City Council. If the majority protest is
only against the furnishing of a specified type or types of improvements or activities within the
area, those types of improvements or activities will be eliminated for the applicable period.
SECTION 6. Approval of Annul Assessment. Following the hearing, the City Council
may adopt a resolution confirming the report as originally filed or as changed by the Council.
The adoption of the resolution will constitute the continuation of the levy for the fiscal year
referred to in the report.
SECTION 7. CEQA Compliance. This Resolution is exempt from provisions of the
California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines, Section 15320,
in that it causes a modification of the rules and procedures for an established subsidiary district
within the Atascadero city boundaries.
City of Atascadero
Resolution No. 2013-008
Page 4 of 4
On motion by Council Member Moreno and seconded by Council Member Fonzi, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Fonzi, Kelley, Moreno and Sturtevant
NOES: None
ABSENT: None
ABSTAINED: Mayor O'Malley
ADOPTED: May 14, 2013
CITY OF ATASCADERO
(Y
3- -,2 t�k
Brian Sturtevant, Mayor Pro Tem
ATTEST:
��~l Z"1
Marcia McClure Torgerson, C.M.C., Ci Clerk
APPROVED AS TO RM:
I-0
Brian A. Pi ri , City Attorney