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HomeMy WebLinkAboutResolution 2013-003 RESOLUTION NO. 2013-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DECLARING ITS INTENTION TO ESTABLISH THE ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT (ATBID), DECLARING ITS INTENTION TO LEVY AN ASSESSMENT ON LODGING BUSINESSES WITHIN SUCH DISTRICT, AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING ON THE FORMATION OF THE DISTRICT WHEREAS, the City Atascadero ("City") is authorized under The Parking and Business Improvement Area Law of 1.989, California Streets and Highways Code section 36500 and following ("BID Law"), to establish a business improvement district and to impose assessments and charges on businesses within such area and use such proceeds to promote tourism for the benefit of designated businesses; and, WHEREAS, representatives of hotels, motels, bed and breakfasts, and similar lodging businesses have undertaken an effort to promote and develop such an area and have requested. that the City establish a business improvement district for promoting tourism in the City to be known as the"Atascadero Tourism Business Improvement District"or"ATBID;" and, WHEREAS, the City Council finds that establishing the ATBID will provide a useful mechanism to fiend tourism promotions, which will benefit the City's lodging businesses and further the public welfare. NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF ATASCADERO: SECTION 1. Intent to Form ATBID. The City Council hereby declares its intention to establish the Atascadero Tourism Business Improvement District (ATBID) pursuant to the BID Law. SECTION 2. Affected Businesses and Boundaries. The ATBID is proposed to include all of the lodging businesses, including hotels, motels, bed and breakfasts, and each business defined as a "hotel" in Section 3-3.02 of Chapter 3 (Transient Occupancy Tax) of the Atascadero Municipal Code ("Lodging Businesses")within the corporate boundaries of the City. SECTION 3. Activities to be Funded. The activities to be funded by the proposed levy of assessments against Lodging Businesses within the ATBID are tourism promotions and marketing programs to promote the City as a tourism destination, and projects, programs, and activities that benefit Lodging Businesses located and operating within the boundaries of the ATBID. The proposed activities will primarily be targeted at increasing transient stays at Lodging Businesses. City of Atascadero Resolution No. 2013-003 Page 2 of 4 SECTION 4. Proposed Method and Basis of Levying Assessments, and Timing of Payments. A. Assessment. Each Lodging Business will collect and remit to the City an ATBID assessment equal to two percent (2%) of the rent charged by the Business per occupied room or space per night for all transient occupancies. B. New Lodging Business Subject to Assessment. Any new Lodging Businesses established within the boundaries of the ATBID subsequent to its establishment will be required to collect and remit the applicable ATBID assessment. C. Exemptions. No assessment will be imposed on a Lodging Business for any rent by a transient who is exempt by law from paying any transient occupancy taxes under Chapter 3 (Transient Occupancy Tax) of the Atascadero Municipal Code. D. Extended Stays. No assessments will be imposed on any Lodging Business for any rent by a person who is not deemed a "transient" when such person's stay is longer than 30 consecutive calendar days pursuant to Chapter 3 (Transient Occupancy Tax) of the Atascadero Municipal Code. E. Pam of Assessments. The assessment will be paid at the time the Lodging Business remits its transient occupancy taxes to the City. The assessments will not be included in gross room rental revenue for the purpose of determining the amount of transient occupancy taxes. F. Payment Prerequisite to Business License and Penalties and Procedures for Unpaid Assessments. 1. No business license or tax certificate will be issued under Chapter 5 of the Atascadero Municipal Code unless the ATBID assessment payment is current. 2. Penalties and interest will be assessed upon any unpaid assessment in the manner specified in Section 3-3.08 of the Atascadero Municipal Code until such time as the current assessment is paid in full; provided, however, that if there is concurrently a delinquency of the transient occupancy tax as well as the assessment, a single penalty of $200 will be imposed under Section 3-3.08(a) in addition to the 10% penalty on the amount of the unpaid assessment. G. City Administrative Fee. City will retain one percent (1%) of the collected assessments for its administrative fees and costs. SECTION 5. Public Hearing on Proposed ATBID. The City Council sets April 9, 2013 as the date of the public hearing on the establishment of the proposed ATBID and the levy of assessments. The public hearing will be held at 6:00 p.m. or as soon thereafter as practicable, in the City of Atascadero Council Chambers, 6907 EI Camino Real, Atascadero, California 93422. City of Atascadero Resolution No.2013-003 Page 3 of 4 SECTION 6. Protest Procedures. A. At the public hearing, the testimony of all interested persons for or against the establishment of the ATBID, the extent of the ATBID, and the specified types of tourism promotion activities will be heard. A protest may be made orally or in writing by any owner of a Lodging Business that will be within the ATBID boundaries and subject to the ATBID assessment. B. Any protest pertaining to the regularity or sufficiency of the proceedings must be in writing and clearly state the irregularity or defect to which the objection is made. C. Written protests must be received by the City Clerk, City of Atascadero, before the close of the public hearing and may be delivered or mailed to the City Clark, Atascadero, 6907 El Camino Real, Atascadero, California 93422. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. D. Each written protest must contain a written description of the Lodging Business in which the person signing the protest is interested sufficiently to identify the business. If the person signing the protest is not shown on the official records of the City of Atascadero as the owner of the business, then the protest must contain or be accompanied by written evidence that the person is the owner of the business. E. A written protest that does not comply with this section will not be counted in determining a majority protest. F. At the conclusion of the public hearing, if protests are received from the owners of Lodging Businesses in the proposed ATBID which will pay 50% or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protest to less than 50% (i.e., there is a majority protest), no further proceedings to create the ATBID, as contained in this 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 specified types of activities within the ATBID,those types of activities will be eliminated. SECTION 7. Further Information. Further information regarding the proposed ATBID may be obtained from the City Manager's Office, City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422. SECTION 8. Notice of Hearing. The City Clerk is directed to provide notice of the public hearing on.the proposed ATBID in accordance with the BID Law. SECTION 9. Effective Date. This resolution will take effect immediately upon its adoption by the City Council. I City of Atascaclero Resolution No. 2013-003 Page 4 of 4 On motion by Council Member Fonzi and seconded by Council Member Kelley, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Fonzi,Kelley, Moreno, Sturtevant and Mayor O'Malley NOES: None ABSENT: None ABSTAIN: None ADOPTED: March 2b,2013 CITY ATA ERO By: Tom O'M ey, M or ATTEST: Marcia McClure Torgerson, C.M.C.,City erk APPROVED AS T ORM: Brian A. Pieril , City Attorney