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CC 2014-06-10_09.a. Annual Public Hearing for AGTBIDMEMORANDUM TO: CITY COUNCIL FROM: BY: STEVEN ADAMS, CITY MANAGER It DAVID HIRSCH, ASSISTANT CITY ATTORNEY SUBJECT: ANNUAL PUBLIC HEARING FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT DATE: JUNE 10, 2014 RECOMMENDATION: It is recommended the City Council: 1) Hold a public hearing to receive testimony regarding the City Council's intention to continue the Arroyo Grande Tourism Business Improvement District (AGTBID) and levy an annual assessment for fiscal year 2014-15; 2) determine whether a legally sufficient number of protests have been made; 3) if a legally sufficient protest is not made, adopt a Resolution levying an annual assessment for the AGTBID for the 2014-2015 fiscal year; and 4) adopt a Resolution approving the FY 2014-15 budget for the AGTBID. FINANCIAL IMPACT: Based on the anticipated year-end results for FY 2013-14, the total assessment expected to be collected totals approximately $164,000. In FY 2014-15, the AGTBID projected revenue is $170,000. Of the projected revenue, $3,000 is budgeted to cover the City's administrative costs associated with collecting and disbursing the assessment. The City has also budgeted $5,000 to contribute toward the tourism efforts. Therefore, it results in a net cost of $2,000 to the City. BACKGROUND: In May 2013, the City Council adopted an Ordinance establishing the Arroyo Grande Tourism Business Improvement District. The District was formed under the Parking and Business Improvement Law of 1989, Sections 36500 et seq. of the Streets and Highways Code and incorporated into the Arroyo Grande Municipal Code (AGMC) in Title 3, Chapter 3.46. In accordance with the provisions in the Streets and Highways Code and AGMC Section 3.46.1 00, the City Council appointed an Advisory Board. Pursuant to Streets and Highways Code Section 36533, the Advisory Board is to prepare an annual report, which is to be submitted to the City Council for its review and Item 9.a. - Page 1 CITY COUNCIL ANNUAL PUBLIC HEARING FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT JUNE 10, 2014 PAGE2 approval. Accordingly, the AGTBID Advisory Board submitted the attached annual report to the City Council for consideration at its May 13, 2014 meeting, which was approved. AGMC Section 3.46.060 also provides that the assessments for the AGTBID are to be reviewed annually by the City Council based upon the annual report of the Advisory Board, and after approval of the annual report, the City Council is to follow the hearing process outlined in Streets and Highways Code Section 36534 for the annual assessment for the upcoming fiscal year. A public hearing is to be held in order to receive any written or oral protests against the continuation of the District. Accordingly, on May 13, 2014, the City Council adopted Resolution setting a public hearing for June 10, 2014. ANALYSIS OF ISSUES: The AGTBID has been in effect for almost one year and has been very successful. A tourism website and other marketing efforts have been developed and implemented. The efforts are coordinated by a Chamber of Commerce Tourism Committee and approved by the AGTBID Advisory Board. The Chamber of Commerce has administered the program so minimal staff time has been required by the City. The AGTBID Advisory Board voted to recommend extending the assessment and continuing the program. Today's public hearing will allow lodging businesses subject to the assessment an opportunity to submit comments, voice concerns, and protest the assessment. As set forth in Sections 36524 and 36525 of the California Streets and Highways Code, the City Council has the ability to continue the AGTBID at this public hearing, unless written protests are received from lodging businesses that pay 50% or more of the proposed assessments. In that event, the Council cannot consider continuation of the AGTBID for at least one year. Streets and Highways Code Section 36535 provides that at the conclusion of the hearing a resolution confirming the Advisory Board's report may be adopted. The statute further provides that adoption of the resolution constitutes the levy of the assessment for the fiscal year. A resolution has been prepared for City Council consideration and adoption if there is no legally sufficient protest. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Approve staffs recommendations; 2. Do not approve staffs recommendations and terminate the AGTBID; 3. Direct staff to make modifications to the AGTBID and schedule another public hearing; or 4. Provide staff other direction. Item 9.a. - Page 2 CITY COUNCIL ANNUAL PUBLIC HEARING FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT JUNE 10, 2014 PAGE3 ADVANTAGES: The recommendations will enable the City to extend the AGTBID, which provides a mechanism to generate funding to promote hotel stays and tourism in the City, which increases transient occupancy tax revenue and supports local businesses. DISADVANTAGES: No disadvantages with the recommended action are identified. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: On May 20, 2014, staff mailed a letter to each lodging business located within the City with a certified copy of the City Council's Resolution of Intention to continue the Arroyo Grande Tourism Business Improvement District, to continue the basis for and to levy the assessment for the District, and to set a date for the public hearing on the District and the assessment for Fiscal Year 2014-15. On May 30, 2014, a Notice of Public Hearing was mailed to each lodging business located within the City and the Resolution of Intention was published in The Tribune. Attachments: 1. Annual Report Item 9.a. - Page 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE LEVYING AN ANNUAL ASSESSMENT FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE 2014-15 FISCAL YEAR WHEREAS the Parking and Business Improvement Area Law of 1989, sections 36500 et seq. of the Streets and Highways 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 Municipal Code in Chapter 3.46; and WHEREAS in accordance with the requirements of Streets and Highways Code Section 36530 and Arroyo Grande Municipal Code Section 3.46.1 00, the City Council appointed an Advisory Board to provide oversight, guidance, and recommendations regarding the use of the assessment funds; and WHEREAS the Arroyo Grande Municipal Code and the Parking and Business Improvement Area Law of 1989 requires the Advisory Board to prepare and submit an annual report stating proposed changes, improvements and activities for the fiscal year; and WHEREAS the Advisory Board report was considered and approved by the Arroyo Grande City Council at its May 13, 2014 meeting; and WHEREAS, in accordance with the procedures contained in Streets and Highways Code Section 36534, on May 13, 2014 the City Council adopted a Resolution of Intention to levy an annual assessment for the Arroyo Grande Tourism Business Improvement District for the 2014-2015 fiscal year and set a public hearing for June 10, 2014 to consider the annual assessment and hear any oral or written protests; and WHEREAS, the City Council held a duly noticed Public Hearing on June 10, 2014 to allow for protests, as required by Streets and Highway Code Section 36524, and, sufficient written or oral protest were not received from lodging businesses in the District which pay fifty percent or more of the assessment . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande as follows: SECTION 1. The City Council hereby continues the established Arroyo Grande Tourism Business Improvement District in accordance with Arroyo Grande Municipal Code Chapter 3.46 and California Streets and Highways Code Item 9.a. - Page 4 RESOLUTION NO. PAGE2 Sections 36500 et seq. (Parking and Business Improvement Area Law of 1989) and levies assessments for fiscal year 2014-15 as further contained herein. SECTION 2. The report of the Arroyo Grande Tourism Business Improvement District Advisory Board is hereby confirmed. SECTION 3. The location and boundaries of the Arroyo Grande Tourism Business Improvement District are the boundaries of the City of Arroyo Grande. SECTION 4. The assessment levied by the Arroyo Grande Tourism Business Improvement District shall be used for activities and programs promoting lodging businesses in the District through the promotion of scenic, recreational, cultural and other attractions in the District as a tourist destination, and as further set forth in Arroyo Grande Municipal Code Section 3.46.030. SECTION 5. The assessment will be levied and allocated by the City of Arroyo Grande. SECTION 6. The assessment is to be levied on all "lodging", as that term is defined in Arroyo Grande Municipal Code section 3.46.020. SECTION 7. The assessment for fiscal year 2014-15 shall be levied on all lodging businesses within the AGTBID boundaries and shall be based upon two percent of the rent charged by the operator per occupied room per night for all transient occupancies. The assessment shall be collected quarterly, based on two percent of the rent charged by the operator per occupied room per night in revenues for the previous quarter. SECTION 8. New lodging businesses shall not be exempt from immediate assessment. On motion of Council Member , seconded by Council Member and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this __ day of June, 2014. Item 9.a. - Page 5 RESOLUTION NO. PAGE3 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Item 9.a. - Page 6 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE FISCAL YEAR 2014-15 BUDGET FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, on February 26, 2013, the City Council adopted Resolution No. 4516 establishing the Arroyo Grande Tourism Business Improvement District Advisory Board ("Advisory Board"); and WHEREAS, on May 14, 2013, the City Council adopted Ordinance No. 651 establishing the Arroyo Grande Tourism Business Improvement District; and WHEREAS, the purpose of the Advisory Board is to consult with and advise the City Council on those matters dealing with the method and basis of levying assessments within the Arroyo Grande Tourism Business Improvement District; expenditures of revenues derived from such assessments; and programs, services, improvements, and activities intended to promote lodging establishments within the District; and WHEREAS, on April 28, 2014, the Advisory Board approved the Annual Report, which included a recommended budget expenditure plan for FY 2014-15 based upon City revenue projections; and WHEREAS, on June 10, 2014, the City Council approved a Resolution confirming the Advisory Board's report and levying an annual assessment for the AGTBID for the 2014-2015 fiscal year; and WHEREAS, the budget recommendations will fund a work plan that meets the objectives, goals and responsibilities of the Arroyo Grande Tourism Business Improvement District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The recitals set forth herein are true and correct. 2. The City Council hereby adopts the FY 2014-15 budget for the Arroyo Grande Tourism Business Improvement District attached hereto as Exhibit A. On motion by 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_ day of 2014. _ __j Item 9.a. - Page 7 RESOLUTION NO. PAGE2 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Item 9.a. - Page 8 CI T Y OF AR R O Y O GR A N D E SP E C I A L RE V E N U E FU N D S To u r i s m Bu s i n e s s Im p r o v e m e n t Di s t r i c t Fu n d Su m m a r y , Re v e n u e s & Ex p e n d i t u r e s Bi e n n i a l Bu d g e t FY 20 1 3 - 1 4 & 20 1 4 - 1 5 m >< J: [D ~ > Item 9.a. - Page 9 TO U R I S M BU S I N E S S IM P R O V E M E N T DI S T R I C T FU N D SU M M A R Y FU N D : 24 0 TO U R I S M BU S I N E S S IM P R O V E M E N T DI S T R I C T FI S C A L YE A R 20 1 3 - 1 4 FI S C A L YEAR 2014-15 20 1 2 - 1 3 OR I G I N A L AM E N D E D ES T I M A T E D OR I G I N A L AMENDED IT E M AC T U A L BU D G E T BU D G E T AC T U A L BU D G E T B U D G E T Be g i n n i n g Fu n d Ba l a n c e $ $ $ $ $ 15 , 6 0 1 $ 20,601 Re v e n u e s : Re v e n u e s 16 2 , 2 0 0 16 2 , 2 0 0 16 2 , 2 0 0 18 0 , 0 0 0 180,000 Tr a n s f e r s In To t a l Re v e n u e s 16 2 , 2 0 0 16 2 , 2 0 0 16 2 , 2 0 0 18 0 , 0 0 0 180,000 Ex p e n d i t u r e s : Sa l a r i e s an d Be n e f i t s Cu r r e n t Ex p e n s e s 14 6 , 5 9 9 14 6 , 5 9 9 14 1 , 5 9 9 1 7 1 , 8 8 0 171,880 Ca p i t a l Ou t l a y Tr a n s f e r s Ou t To t a l Ex p e n d i t u r e s 14 6 , 5 9 9 14 6 , 5 9 9 14 1 , 5 9 9 1 7 1 , 8 8 0 1 7 1 , 8 8 0 Ad j u s t m e n t s to Fu n d Ba l a n c e Av a i l a b l e Fu n d Ba l a n c e $ $ 15 , 6 0 1 $ 15 , 6 0 1 $ 20 , 6 0 1 $ 23 , 7 2 1 $ 28,721 2 Item 9.a. - Page 10 TO U R I S M BU S I N E S S IM P R O V E M E N T DI S T R I C T RE V E N U E DE T A I L FU N D : 24 0 TO U R I S M BU S I N E S S IM P R O V E M E N T DI S T R I C T FI S C A L YE A R 20 1 3 - 1 4 FI S C A L YEAR 2014-15 20 1 2 - 1 3 OR I G I N A L AM E N D E D ES T I M A T E D OR I G I N A L AMENDED IT E M AC T U A L BU D G E T BU D G E T AC T U A L BU D G E T BUDGET BU D G E T AN A L Y S I S US E OF MO N E Y 43 0 1 In t e r e s t $ $ 20 0 $ 20 0 $ 20 0 $ $ To t a l 20 0 20 0 20 0 TA X E S AN D AS S E S S M E N T S 40 1 6 TB I D As s e s s m e n t s 15 2 , 0 0 0 15 2 , 0 0 0 15 2 , 0 0 0 17 0 , 0 0 0 170,000 To t a l 15 2 , 0 0 0 15 2 , 0 0 0 15 2 , 0 0 0 17 0 , 0 0 0 170,000 OT H E R RE V E N U E 48 0 1 Ot h e r Re v e n u e 10 , 0 0 0 10 , 0 0 0 10 , 0 0 0 10 , 0 0 0 10,000 To t a l 10 , 0 0 0 10 , 0 0 0 10 , 0 0 0 10 , 0 0 0 10,000 Gr a n d To t a l $ $ 16 2 , 2 0 0 $ 16 2 , 2 0 0 $ 16 2 , 2 0 0 $ 18 0 , 0 0 0 $ 180,000 3 Item 9.a. - Page 11 TO U R I S M BU S I N E S S IM P R O V E M E N T DI S T R I C T EX P E N D I T U R E DE T A I L FU N D : 24 0 TO U R I S M BU S I N E S S IM P R O V E M E N T DI S T R I C T AC T I V I T Y : 41 5 0 TO U R I S M BU S I N E S S IM P R O V E M E N T DI S T R I C T FI S C A L YE A R 20 1 3 - 1 4 FI S C A L YEAR 2014-15 20 1 2 - 1 3 OR I G I N A L AM E N D E D ES T I M A T E D OR I G I N A L AMENDED IT E M AC T U A L BU D G E T BU D G E T AC T U A L BU D G E T B U D G E T BU D G E T AN A L Y S I S SE R V I C E S & SU P P L I E S 53 0 1 Ad v e r t i s i n g $ $ 72 , 5 0 0 $ 72 , 5 0 0 $ 67 , 5 0 0 $ 91 , 0 0 0 $ 91,000 53 0 3 Co n t r a c t u a l Se r v i c e s 18 , 5 0 0 18 , 5 0 0 18 , 5 0 0 22 , 5 0 0 22,500 55 0 3 Me m b e r s h i p s & Su b s c r i p t i o n s 15 , 5 9 9 15 , 5 9 9 15 , 5 9 9 18 , 3 8 0 18,380 55 0 4 Pu b l i c Re l a t i o n s 40 , 0 0 0 40 , 0 0 0 40 , 0 0 0 40 , 0 0 0 40,000 To t a l 14 6 , 5 9 9 14 6 , 5 9 9 1 4 1 , 5 9 9 17 1 , 8 8 0 171,880 Gr a n d To t a l $ $ 14 6 , 5 9 9 $ 14 6 , 5 9 9 $ 14 1 , 5 9 9 $ 17 1 , 8 8 0 $ 171,880 4 Item 9.a. - Page 12 ATTACHMENT 1 ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT FY 2013-2014 BACKGROUND The Arroyo Grande Tourism Business Improvement District Advisory Board met for the first time, Monday, June 24, 2013. Board Members appointed: Kevin Thornton, Best Western Casa Grande; Andrew Jenest, Hampton Inn; and Mike Panchal, Aloha Inn. Jenest was elected chairman. It was agreed that the Chamber of Commerce would: • coordinate committee and sub-committee meetings, • manage marketing contractors, •monitor and provide data gathered through digital marketing, then fulfill inquiries and contracts, •coordinate payments, and • attend tourism industry meetings as Arroyo Grande's representative. Additionally, the Chamber agreed to: • respond to requests from other organizations • develop a specific marketing plan aided by the Chamber's tourism marketing committee • provide recommendations to the TBID Advisory board • coordinate outside presentations, and • supply "visitarroyogrande" uris to the TBID. Barnett Cox & Associates was hired to create the website and associated marketing and advertising. The following is a list of activities from July 2013 through March 2014: • VisitArroyoGrande.org website was created and went online September 2013 Item 9.a. - Page 13 • Social media sites including Facebook, Twitter and Pinterest were activated. Members of the Chamber's tourism marketing committee provided content • The TBID sponsored the "SAVOR the Central Coast" even in October. The TBID sponsored the "farm to school" garden and staffed a booth • The Chamber created a travel package and Barnett Cox provided graphics for an online contest coordinated and advertised by Visit San Luis Obispo County • Sponsorship page for Trip Advisor went live November 15, 2013 • A photo challenge was launched in December 2013 • A mobile advertising campaign was created • Display ads were run with the Bay Area News Group and Los Angeles Times. • Memberships with Visit San Luis Obispo and the Central Coast Tourism Council were activated • A second photo challenge was launched in March 2014 with a prize of a $50 Rooster Creek Restaurant gift certificate • A Stay & Play campaign was launched through online and mobile ads encouraging people to click to enter in order to qualify. The TBID is gathering emails for a tourism database with their entry information. The prize for the winner will be two nights at the Hampton Inn plus a $50 Comfort Market gift certificate. Regarding the requirements for the Annual Report as stated in Section 36533 of the Streets and Highway Code: 1. The Arroyo Grande Tourism Business Improvement District {TBID) Advisory Board does not propose any changes in the boundaries of the TBID, which were established as the boundaries of the City of Arroyo Grande. 2. With the renewal of the TBID, continuing initiatives proposed for FY 2014-15 include: a. Increasing signage on the 101 corridor. The TBID is exploring a partnership with the Village Improvement Association to enlarge existing signage. The TBID is exploring adding billboard signage on Highway 101 at least 60 miles away from Arroyo Grande. Currently there are no sites available, but the TBID is on a watch list. b. Continue to develop marketing strategies and creative campaigns that leverage the strength of traditional and non-traditional media. As more travelers access Item 9.a. - Page 14 information on mobile devices, marketing will continue to migrate toward the online experience. Expanding the use of integrated marketing and utilizing targeted advertising strategies on social channels will reflect this shift to mobile devices. Traditional advertising that includes print and electronic media will continue to be a part of the integrated marketing approach. c. Participate in special events that specifically target hotel stays in Arroyo Grande. d. Market Arroyo Grande through participation with Destination Marketing Organizations (DMOs) including but not limited to the Central Coast Tourism Council, the SLO Wine Association and Visit San Luis Obispo County. 3. Estimated costs for FY 2013-14 City of Arroyo Grande 7/1/2013 through 6/30/2014 Tourism Business Improvement District Adjusted Year -to-Date Year -to-Date Account Appropriation Expenditures Expenditures Encumbrances Balance Advertising 72,500.00 42.489.22 42,489.22 0 30,010.78 Contract Services 18,500.00 10,059.99 10,059.99 0 8,440.01 Total Services 91,000.00 52,549.21 52,549.21 0 38.450.79 Memberships 15,599.00 12,599.00 12,599.00 0 3,000.00 Public Relations 40,000.00 14,246.10 14,246.10 0 25,753.90 Total Mise Exp. 55,599.00 26,845.10 26,845.10 0 28.753.90 Grand Total 146,599.00 79,394.31 79,394.31 0 67,204.69 % Used 58.61 54.38 57.75 80.77 35.62 48.28 54.16 Item 9.a. - Page 15 4. FY 2013-2014 Budget Details Revenues Revenue Source Amount Total TBID Fee $152,000.00 City $ 5,000.00 Chamber $5,000.00 Total: $162,000.00 Expenditures Line Item Expenditure Total City $,3000.00 Chamber $13,000.00 Supplies $2,500.00 $18,500.00 Advertising/Marketing Advertising $30,000.00 Consultant Services $30,000.00 Mise $7,500.00 $67,500.00 Website Website design $5,000.00 $5,000.00 Visit SLO Memberships County $12,599.00 CCTC $500.00 Misc. $2,500.00 $15,599.00 Sponsorships SAVOR $15,000.00 Misc. $15,000.00 $30,000.00 Events Misc. $10,000.00 $10,000.00 Expenditure Total $146,599.00 Projected fund balance $15,401.00 Item 9.a. - Page 16 5. FY 2014-2015 Budget Detail Revenues Revenue Source Amount Total TBID Fee $170,000.00 City $ 5,000.00 Chamber $5,000.00 Total: $180,000.00 Expenditures Line Item Expenditure Total City $3,000.00 Chamber $17,000.00 Supplies $2,500.00 $22,500.00 Advertising/Marketing Advertising $42,000.00 Consultant Services $32,000.00 Mise $10,000.00 84,000.00 Website Website maintenance $7,000.00 $7,000.00 Memberships Visit SLO County $14,880.00 CCTC $500.00 Misc. $3,000.00 $18,380.00 Sponsorships SAVOR $15,000.00 Misc. $15,000.00 $30,000.00 Events Misc. $10,000.00 $10,000.00 Expenditure Total $171,880.00 Projected fund balance $8,120.00 Item 9.a. - Page 17 It e m 9 . a . - P a g e 1 8 It e m 9 . a . - P a g e 1 9 It e m 9 . a . - P a g e 2 0 It e m 9 . a . - P a g e 2 1 It e m 9 . a . - P a g e 2 2 It e m 9 . a . - P a g e 2 3 THIS PAGE INTENTIONALLY LEFT BLANK Item 9.a. - Page 24