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HomeMy WebLinkAboutReso 16-21 MBTBID ROIRESOLUTION NO. 16-21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DECLARING ITS INTENTION TO FORM THE MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT (MBTBID) UNDER THE PROPERTY AND BUSINESS IMPROVEMENT LAW OF 1994, AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON, AND GIVING NOTICE THEREOF THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code §36600 et seq. authorizes the City to form business improvement districts for the purposes of promoting tourism; and WHEREAS, Visit Morro Bay, Morro Bay business owners, and representatives from the City of Morro Bay have met to consider the formation of the MBTBID; and WHEREAS, Visit Morro Bay has drafted a Management District Plan (Plan) consistent with requirements of Streets and Highways Code section 36622 and which sets forth the proposed boundary of the MBTBID a service plan and budget, and a proposed means of governance; and WHEREAS businesses who will pay more than fifty percent (50%) of the assessment under the MBTBID have petitioned the City Council to form the MBTBID pursuant to Streets and Highways Code section 36621. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. The recitals set forth herein are true and correct. 2. The City Council finds that businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the formation of the MBTBID. The City Council accepts the petitions and adopts this Resolution of Intention to form the MBTBID and to levy an assessment on certain lodging businesses and vacation rentals within the MBTBID boundaries in accordance with the Property and Business Improvement District Law of 1994 3. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code §36622. 4. The City Council declares its intention to form the MBTBID and to levy and collect assessments on lodging businesses and vacation rental businesses within the MBTBID boundaries pursuant to the Property and Business Improvement District Law of 1994. 5. The MBTBID includes all lodging businesses and vacation rental businesses, existing and in the future, within the boundaries of the City of Morro Bay, as shown in the map attached as Exhibit A. The name of the district shall be Morro Bay Tourism Business Improvement District (MBTBID). The annual assessment rate is three percent (3%) of gross short-term room rental revenue. The assessments will be collected on a monthly basis. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days. Assessments will not be collected on any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. 8. The assessments levied for the MBTBID shall be applied toward sales, marketing, and communications programs to promote an increase in overnight tourism through promotion of payors as tourist meeting and event destinations, thereby increasing room night sales as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which MBTBID assessments are levied as long as they are used consistent with the requirements of this resolution and the Plan. 9. The MBTBID will have a five (5) year life, beginning July 1, 2021 through June 30, 2026, unless renewed pursuant to Streets and Highways Code §36660. 10. Bonds shall not be issued. 11. The time and place for the public meeting to hear testimony on forming the MBTBID and levying assessments are set for April 27, 2021, at 5:30 PM, or as soon thereafter as the matter may be heard, at City Hall located at 595 Harbor Street, Morro Bay, CA 93442 12. The time and place for the public hearing to form the MBTBID and the levy of assessments is set for June 8, 2021, at 5:30 PM or as soon thereafter as the matter may be heard, at City Hall located at 595 Harbor Street, Morro Bay, CA 93442. The City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code §36623. 13. At the public meeting and hearing, the testimony of all interested persons for or against the formation of the MBTBID may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the assessed businesses within the formed MBTBID that will pay more than fifty percent (50%) of the estimated total assessment of the entire MBTBID, no further proceedings to form the MBTBID shall occur for a period of one (1) year. 14. The complete Plan is on file with the City Clerk and may be reviewed upon request. // // // // // 15. This resolution shall take effect immediately upon its adoption by the City Council. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of April 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Headding, Addis, Barton, Davis, Heller N one N one N one JOHI H GADDING,ayor ATTEST: A SW NSON D , City Clerk col vic0 '6y�Ct ti„el 5J sir cre L MtoSt PACIFIC OCEAN EXHIBIT A District Boundaries C3)r11!o f'uY l )N rn .V \ 1 der 4d a' I i Morro Bay City Limits • • 1Sze. N",\ N�tJ •\ 1 / Cr6 1c�ci cake tvcocto Tere.saCyr • • I • y 4 ?'1z rro Cre:h Rd y j f CIVITAS