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HomeMy WebLinkAboutCC 2026-04-14_09d TBID Reso of IntentionItem 9.d. MEMORANDUM TO: City Council FROM: Sheridan Bohlken, Director of Recreation Services SUBJECT: Tourism Business Improvement District Annual Assessment Report, Preliminary FY 2026-27 Budget and Resolution of Intention to Levy DATE: April 14, 2026 RECOMMENDATION: 1) Approve Annual Assessment Report and Preliminary FY 2026-27 Budget; 2) Adopt a Resolution of Intention declaring the intention to continue the Arroyo Grande Business Improvement District, to continue the basis for and to levy the assessments for the District, and to set a date for the public hearing on the District and the assessment for the 2026-27 Fiscal Year; and 3) Set the date for a public hearing for April 28, 2026, in accordance with Streets and Highways Code Section 36534; and 4) Find that the recommended actions are not subject to the California Environmental Quality Act (“CEQA”) because these efforts have no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060 (c)(2) and (3), 15378). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Based on anticipated year-end results, the assessments expected to be collected total approximately $298,700 for FY 2025-26. The Preliminary Budget for FY 2026-27 includes total expenditures of $504,350, exceeding projected revenues and reflecting a strategic use of available fund balance to support continued investment in destination marketing and authorized expanded uses approved in August 20251. The Preliminary FY 2026-27 budget incorporates targeted adjustments and right-sizing, including the following: 1 https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=15706 Page 29 of 406 Item 9.d. City Council Tourism Business Improvement District Annual Assessment Report, Preliminary FY 2026-27 Budget and Resolution of Intention to Levy April 14, 2026 Page 2 Table 1: Proposed Changes to AGTBID FY 2026-27 Budget Specifically, the FY 2026-27 budget incorporates a total decrease of $17,500. This includes: $27,500 decrease in marketing services, a $2,500 decrease in promotional product, an increase in travel and trade show participation to support expanded engagement in familiarization (FAM) tours, press trips, and c onvention opportunities, as well as a $10,000 increase in influencer marketing to enhance digital reach and visibility. Consistent with prior years, the budget also includes $50,000 for City administrative services. The planned use of fund balance allows for the implementation of strategic initiatives and destination improvements while aligning expenditures with program priorities and long-term tourism development goals. BACKGROUND: The AGTBID was established in 2013 to promote Arroyo Grande as a visito r destination and support the local economy through increased overnight stays. The district is funded through a two percent (2%) assessment applied to lodging stays within the City, including short-term vacation rentals of less than 30 days. Assessment funding, with oversight by the AGTBID Board and City Council, may be used to support destination promotion, as well as beautification and tourism -related infrastructure that enhance the visitor experience per expanded uses approved by City Council on July 22, 20252. In September 20253, the annual reporting process was refined to distinguish the Annual Marketing Report, which focuses on performance outcomes, from the Annual Assessment Report, which fulfills statutory requirements p ursuant to California Streets and Highways Code §365334 Per these mandates, the City Council must adopt a Resolution of Intention to levy the assessment (Attachment 1), with receipt of the Annual Assessment Report (Attachment 2) recommended by the AGTBID Advisory Board outlining improvements, activities, and estimated costs. 2 https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=15379 3 https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=16000 4https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=SHC&sectionNum=36533# :~:text=(a)%20The%20advisory%20board%20shall,business%20for%20that%20fiscal%20year Account Description Current FY 2025-26 Proposed FY 2026-27 Variance Advertising Marketing Services 250,000$ 222,500$ (27,500)$ Advertising Promotional Product 5,000$ 2,500$ (2,500)$ Advertising Travel and Trade Shows 7,500$ 10,000$ 2,500$ Public Relations Influencers 10,000$ 20,000$ 10,000$ Total Decrease (17,500)$ Page 30 of 406 Item 9.d. City Council Tourism Business Improvement District Annual Assessment Report, Preliminary FY 2026-27 Budget and Resolution of Intention to Levy April 14, 2026 Page 3 ANALYSIS OF ISSUES: The Annual Assessment Report provides the required framework to continue the Arroyo Grande Tourism Business Improvement District (AGTBID) and levy annual assessments in accordance with the California Streets and Highways Code. The AGTBID Advisory Board reviewed and recommended approval of the Annual Assess ment Report and Preliminary FY 2026–27 Budget to the City Council on March 25, 20265. The report confirms: • No changes to district boundaries • Authorized uses of funds • Proposed FY 2026–27 budget • Assessment methodology • Surplus and deficit projections • Contributions other than assessments The report outlines authorized uses, including tourism promotion, event sponsorships, and destination-enhancing infrastructure improvements, and incorporates the Preliminary FY 2026–27 budget to support these activities. Total proposed expenditures are $504,350, reflecting a $17,500 decrease from the prior year. With anticipated revenues of $298,700, the remaining balance will be funded through available fund balance, resulting in an estimated ending balance of $36,913. The use of fund balance reflects a strategic approach to deploying accumulated resources while maintaining near -term fiscal stability; however, continued expenditures at this level will require corresponding revenue growth or future budget adjustments to maintain fiscal sustainability. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve the Annual Assessment Report, Preliminary FY 2026-27 Budget and adopt the Resolution of Intention to levy the FY 2026-27 AGTBID Assessment; or 2. Approve the Annual Assessment Report with modifications to the Preliminary FY 2026-27 Budget, and Adopt the Resolution of Intention to levy the FY 2026-27 AGTBID assessment; or 3. Provide other direction to staff. ADVANTAGES: The AGTBID provides a stable and reliable funding source that supports ongoing destination marketing efforts, helping to strengthen local economic activity. It also ensures continuity of programs while maintaining compliance with applicable statutory requirements. 5 https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=18170 Page 31 of 406 Item 9.d. City Council Tourism Business Improvement District Annual Assessment Report, Preliminary FY 2026-27 Budget and Resolution of Intention to Levy April 14, 2026 Page 4 DISADVANTAGES: The required assessment may be perceived by businesses as an added financial obligation, despite being visitor-generated, and may also be viewed by visitors as a fee imposed by the business rather than collected for AGTBID purposes. Additio nally, continuation of the district requires ongoing administrative coordination and staff resources from the City. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. ATTACHMENTS: 1. Resolution of Intention to Levy Assessment 2. Annual Assessment Report and Preliminary FY 2026-27 Budget Page 32 of 406 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITS INTENTION TO CONTINUE THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT, TO CONTINUE THE BASIS FOR AND TO LEVY THE ASSESSMENTS FOR THE DISTRICT, AND TO SET A DATE FOR THE PUBLIC HEARING ON THE DISTRICT AND THE ASSESSMENT FOR THE 2026-27 FISCAL YEAR WHEREAS, the Parking and Business Improvement Area Law of 1989 (“PBIAL”), sections 36500 et seq. of the Streets and Highway Code, authorizes cities to establish business improvement districts for several purposes, one of which is promotion of tourism; and WHEREAS, the Arroyo Grande Tourism Business Improvement District was established in May 2013 and incorporated into the Arroyo Grande Municip al Code (“AGMC”) under Chapter 3.46; and WHEREAS, in accordance with the requirements of Streets and Highways Code Section 36530 and AGMC Section 3.46.100, the City Council appointed an Advisory Board to provide oversight, guidance, and recommendations regarding the use of the assessment funds; and WHEREAS, the AGMC and the PBIAL require the Advisory Board to prepare and submit an annual report (“Annual Report”) stating proposed changes, improvements and activities for the fiscal year; and WHEREAS, this Resolution is not subject to the California Environmental Quality Act (CEQA) because it will not result in a direct, or reasonably foreseeable indirect, physical change in the environment (State CEQA Guidelines, §§ 15060 (c)(2) and (3), 15378); and WHEREAS, on March 25, 2026, the Advisory Board approved the Annual Assessment Report; and WHEREAS, the Advisory Board Annual Assessment Report was filed and approved by the Arroyo Grande City Council on April 14, 2026. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. All recitals set forth above, are true, correct and incorporated herein. 2. The City Council hereby declares its intention to continue the Arroyo Grande Tourism Business Improvement District (“District”) in accordance with AGMC Chapter 3.46 and Streets and Highways Code Sections 36500 et seq. and to levy assessments for fiscal year 2026-27. Page 33 of 406 RESOLUTION NO. PAGE 2 3. The Annual Assessment Report is on file with the City Clerk and contains a full and detailed description of the improvements and activities to be provided for FY 2026-27. No changes to the District boundaries are proposed, and the report includes the estimated cost of providing improvements and activities for fiscal year 2026- 27. The assessment is not proposed to be increased. 4. The boundaries of the District are the boundaries of the City of Arroyo Grande. 5. The assessment levied by the District shall be used for activities and programs promoting lodging businesses in the District through the promotion and tourism infrastructure with a useful life of 5 years or more of scenic, recreational, cultural, and other attractions in the District which promote Arroyo Grande as a tourist destination, and as further set forth in ACMG Section 3.46.030. 6. The assessment is proposed to be levied on all “lodging” businesses in the District, as that term is defined in AGMC section 3.46.020, and allocated by the City of Arroyo Grande. 7. The assessment shall be based upon two percent (2%) of the rent charged by the operator per occupied room per night for all transient occupancies and shall be collected quarterly. 8. New lodging businesses shall not be exempt from immediate assessment. 9. A public hearing, held pursuant to AGMC Chapter 3.46 and Streets and Highways Code Section 36535, to allow for comments and to receive written and oral protests on the District and proposed assessment, is hereby set for 6:00 p.m., Tuesday April 28, 2026, before the City Council of the City of Arroyo Grande at the City Council Chambers at 215 E. Branch St., Arroyo Grande, CA. 10. At the public hearing, the testimony of all interested persons for or against the continuation of the District, and the levy of the proposed assessment for fiscal year 2026-27 will be heard. A protest may be made orally or in writing by any interested person. However, only written protests will be considered in determining if there is a majority protest. The form and manner of protests shall comply with Streets and Highways Code Sections 36524 and 36525. 11. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly state the irregularity of defect to which objection is made. Written protests must be received by the City Clerk of the City of Arroyo Grande before the close of the public hearing scheduled herein and may delivered or mailed to the City Clerk, City of Arroyo Grande, 300 East Branch Street, Arroyo Grande, CA 93420. A written protest may be withdrawn in writing at any time before Page 34 of 406 RESOLUTION NO. PAGE 3 the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person s igning the protest is interested sufficient to identify the business. If the person signing the protest is not shown on the official records of the City of Arroyo Grande as the owner of a business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. 12. If at the conclusion of the public hearing, there are of record written protests by the owners of lodging businesses within the District that will pay fifty percent (50%) or more of the total assessments of the entire District, no further proceedings to impose the fiscal year 2026-27 assessment shall occur. New proceedings to continue the District and to impose the annual assessment shall not be undertaken again for a period of at least one (1) year from the date of the finding of a majority protest by the City Council. 13. The City Clerk is instructed to provide notice as required by AGMC Chapter 3.46 and Streets and Highways Code Section 36534. The City Clerk shall give notice of the public hearing by causing this Resolution of Intention to be published once in a newspaper of general circulation in the City no less than seven (7) days before the public hearing. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 14th day of April, 2026. Page 35 of 406 RESOLUTION NO. PAGE 4 CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY Page 36 of 406 ATTACHMENT 2 CITY OF ARROYO GRANDE FISCAL YEAR 2026-27 ANNUAL ASSESSMENT REPORT FOR ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT This report is prepared in compliance with California Streets and Highways Code section 36533 for the Arroyo Grande Tourism Business Improvement District (the “District”) for Fiscal Year 2026-27. Section 1. Changes. There are no proposed changes to the boundaries of the District. Section 2. Authorized Uses. The improvements and activities (the “Authorized Uses”) to be provided in Fiscal Year 2026-27 include: Improvements, including the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following: o Parking facilities, benches, trash receptacle, street lighting, decorations including public art and cultural enhancements and decorations, parks, and fountains; and o Activities which benefit businesses located and operating within the District. Promotion and furnishing of, but not limited to, the following activities: o Promotion of public events which benefit businesses within the District and which take place on or in public spaces within the District; and o Furnishing of music in any public place within the District; and o Promotion of tourism within the District. Section 3. Budget. The estimated costs of providing the Authorized Uses for Fiscal Year 2026- 27 is included in the budget attached as Exhibit “A” hereto and incorporated herein by this reference. Section 4. Method and Basis of the Assessment. The assessment is two percent (2%) of the rent charged by the operator per occupied room per night for all transient occupancies. Assessments are collected quarterly. Section 5. Surplus/Deficit Revenues. The amounts or any surplus or deficit revenues to be carried over from the previous fiscal year are included in Exhibit “A” attached hereto. Section 6. Contributions. There are no contributions from any other sources to be made other than the assessments of the District. Page 37 of 406 EXHIBIT “A” FISCAL YEAR 2026-27 BUDGET Beginning Fund Balance 436,489$ 438,184$ 383,013$ 383,013$ 241,813$ FY 2023-24 Actuals FY 2024-25 Actuals FY 2025-26 Budget FY 2025-26 Expected to Complete FY 2026-27 Proposed Budget TBID Assessments 281,764$ 288,366$ 327,848$ 288,400$ 298,700$ Interest 17,990 19,366 750 750 750 Total Revenue 299,754$ 307,731$ 328,598$ 289,150$ 299,450$ Expenditures FY 2023-24 Actuals FY 2024-25 Adopted Budget FY 2025-26 Proposed Budget FY 2025-26 Expected to Complete FY 2026-27 Proposed Budget Advertising Marketing Services 218,340$ 248,056$ 250,000$ 250,000$ 222,500$ Photo/Video Assets 1,890 7,750 25,000 25,000 25,000 Promotional Product 600 - 5,000 5,000 2,500 Website - - - - - Travel and Trade Shows - 2,469 7,500 7,500 10,000 Coop Advertising 14,400 33,000 50,000 50,000 50,000 Sub-total Advertising 235,230$ 291,275$ 337,500$ 337,500$ 310,000$ Contractual Services Short-term compliance 11,350$ 11,350$ 11,350$ 11,350$ 11,350$ Chamber - Contract admin. - - - - - Sub-total Contractual Services 11,350$ 11,350$ 11,350$ 11,350$ 11,350$ Membership & Subscriptions CCTC 475$ 475$ 500$ 500$ 500$ Sub-total Membership & Subs.475$ 475$ 500$ 500$ 500$ Public Relations Event Sponsorships 1,000 9,799 50,000 1,000 50,000 Influencers - - 10,000 10,000 20,000 Sub-total Public Relations 1,000$ 9,799$ 60,000$ 11,000$ 70,000$ Services & Supplies City - administrative 45,000$ 45,000$ 45,000$ 45,000$ 50,000$ Supplies/Domains - - 2,500 - 2,500 Vacation rental code compliance 5,004 5,004 5,000 5,000 - Sub-total Services & Supplies 50,004$ 50,004$ 52,500$ 50,000$ 52,500$ Destination Improvements & Activities Public art and beautification -$ -$ 25,000$ -$ 25,000$ Infrastructure improvements - - 20,000 20,000 20,000 Special event-supporting infrastructure - - 15,000 - 15,000 Sub-total Destination Improvements & Activities -$ -$ 60,000$ 20,000$ 60,000$ Total Expenditures 298,059$ 362,903$ 521,850$ 430,350$ 504,350$ Ending Fund Balance 438,184$ 383,013$ 189,761$ 241,813$ 36,913$ Revenue Page 38 of 406