Resolution 2021-006 Adopted by the

96150 | 03/05/2021 | Ad id: 7-0000663895-01
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Resolution 2021-006 Adopted by the City of South Lake Tahoe City Council March 2, 2021 Declaring its Intention to Levy an Annual Assessment for the 2021-2022 Fiscal Year Upon the Ski Run Business Improvement District BACKGROUND A. California Streets and Highways Code Section 36500 et seq, authorizes cities to establish parking and business improvements areas for the purpose of promoting economic revitalization and physical maintenance of business districts in order to create jobs, attract new business, and enhance the business district. B. City Council established such an area known as the Ski Run Business Improvement District, which is located on Ski Run Blvd between Lake Tahoe Blvd and Pioneer Trail. C. The annual process for levying assessments in business improvement districts requires that cities adopt a Resolution of Intent that declares their intent to levy such an assessment and set a date for a public hearing where interested parties may be heard on the issue. BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe: 1. Finds that the recitals set forth herein are true and correct. 2. Approves for consideration the Ski Run Business Improvement Annual Report for the year 2021, which is attached hereto and incorporated herein by reference. 3. Declares that there are no changes to the boundaries of the "Ski Run Business Improvement District" (the "District") as approved by the City of South Lake Tahoe City Council Ordinance 927. The boundaries of the District remain as set forth in the Map and boundary descriptions included in Exhibit A of Ordinance 927. A true and correct copy of the map is on file with the City Clerk of the City of South Lake Tahoe. 4. Declares that the types of improvements and activities proposed to be funded by the levy of assessments on businesses in the District have not changed. The types of improvements and activities are generally described as landscape maintenance, and are delineated in the Annual Report, attached hereto and incorporated herein by reference. A true and correct copy of the Annual Report is on file with the City Clerk of the City of South Lake Tahoe. 5. Intends to levy and collect an annual assessment for 2021/2022 fiscal year on businesses in the District, except where funds are otherwise available, to pay for all improvements and activities of the District, as set forth in the Annual Report, which is attached hereto and incorporated herein by reference. 6. Directs that all funds of the District shall be expended on improvements and activities within the District. 7. Declares that the method and the basis for levying the assessments on all the businesses within the District are set forth in the Annual Report and attached hereto and incorporated herein by reference. 8. Declares that new businesses shall not be exempt from assessment. 9. Sets a public hearing, consistent with California Streets and Highways Code sections 36524 and 36525, to levy the proposed assessment for 2021/2022 fiscal year for April 20, 2021 at 9:00 a.m. before the City Council of the City of South Lake Tahoe at the Council Chambers, 1901 Lisa Maloff Way, South Lake Tahoe, California. 10. Declares that at the public hearing, the testimony of all interested persons, for or against the levy of the proposed assessment for 2021/2022 fiscal year, the boundaries of the District, the area of benefit within the District and the assessments to be levied, will be heard. 11. Declares that a protest against the levy of the proposed assessment for 2021/2022 fiscal year or any aspect of it may be made orally or in writing. An oral protest shall be made at the said public hearing. To count in the majority protest against the levy of the proposed assessment for 2021/2022 fiscal year, a protest must be in writing. A written protest may be withdrawn from writing at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business, and the business' address, the City business license tax registration number, name of protester, signature of protester, date of protest and the reason(s) the protester is against the levying of the District assessment. If the person signing the protest is not shown on the official records of the City as the owner of the business, then the protest shall contain or be ac companied by written evidence that the person is the owner of the business. Any written protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. Written protests shall be filed with the City Clerk, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150, at or before the time fixed for the hearing. 12. Declares that if at the conclusion of the public hearing, there are of record, written protests by the owners of the businesses within the District that will pay fifty percent (50%) or more of the total assessments of the entire District, no further proceedings to levy the proposed assessment for 2021/2022 fiscal year shall occur. New proceedings to levy an assessment shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the City Council. If the majority of written protests are only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the levy of the proposed assessment for 2021/2022 fiscal year within the District. 13. States that further information regarding the Ski Run Business Improvement District may be obtained from the City Clerk of the City of South Lake Tahoe at 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. 14. Directs the City Clerk to provide notice of the public hearing as follows: a. Publish this Resolution of Intention in a newspaper of general circulation in the City of South Lake Tahoe once, at least seven (7) days before the hearing. b. Mail a complete copy of this Resolution of Intention to each and every business owner in the District within seven (7) days of the adoption of this Resolution by the City Council. 15. Declares that this Resolution is effective on its adoption. Adopted by the City of South Lake Tahoe City Council on March 2, 2021 by the following vote: Yes: Bass, Creegan, Friedrich, Middlebrook, Wallace //TW// Date:_________ Tamara Wallace, Mayor Attest: ___//SB//_____________________ Susan Blankenship, City Clerk The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council. Publication: March 5, 2021 Ad #0000663895