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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