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HomeMy WebLinkAbout2019-06-11; City Council; ; Fiscal Year 2019-20 report of the Carlsbad Tourism Business Improvement District, and continuation of the programs and assessments.~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: June 11, 2019 Mayor and City Council Scott Chadwick, City Manager Cheryl Gerhardt, Finance cheryl.gerhardt@carlsbadca.gov or 760-602-2468 CA Review we,, Subject: Fiscal Year 2019-20 report ofthe Carlsbad Tourism Business Improvement District, and continuation of the programs and assessments. Recommended Action Adopt a Resolution approving the report of the Carlsbad Tourism Business Improvement District (CTBID), and continuing the programs and assessments for Fiscal Year 2019-20. Executive Summary The CTBID Board is required to present a report for City Council's review and approval for each fiscal year for which assessments are to be levied and collected to pay the costs for the improvements and activities described ii} the report. Staff has prepared the report and it has been approved by the CTBID Board. City Council is being asked to approve the report and continue the assessment into the next fiscal year. In addition, per the request of the City Council at the April 16, 2019 City Council meeting, we are including a copy of Ordinance NS-778 which created the district. Staff will return to City Council later this summer to present a comprehensive financial report for Fiscal Year 2018-19 once the books have been closed for the year. Discussion On November 15, 2005 the City Council adopted Ordinance No. NS-778 forming the CTBID pursuant to the Parking and Business Improvement Law of 1989. (Exhibit 2) The ordinance authorized the levying of $1 per room-night assessment of each occupied room within the city effective January 1, 2006. The CTBID Board is required to present a report for City Council's review and approval for each fiscal year for which assessments are to be levied and collected to pay the costs for the improvements and activities described in the report. This report was approved by the CTBID Board at their May 8, 2019 meeting. (Attachment A to Exhibit 1) ' Section 36535 (d) of the Streets and Highways Code of the State of California, allows the City Council to "adopt a resolution confirming the report submitted by the advisory [board]", or to "adopt a resolution continuing the program and assessments as levied in the then current year without change, and that resolution shall constitute the levy of an assessment for the fiscal year referred to in the report." If the City Council approves the report and programs as recommended, no public hearing is necessary. The CTBID Board is not recommending any changes to the programs and assessments of the CTBID. However, ifthe City Council wishes to make changes to the report, programs or proposed June 11, 2019 Item #14 Page 1 of 13 assessments, a public hearing is necessary, and would be scheduled for the next available City Council meeting following the necessary notice period. Staff is recommending that the City Council approve the report and continue the existing programs and assessments of the CTBID by adopting the attached resolution (Exhibit 1). Fiscal Analysis The CTBID will generate approximately $1,339,000 in revenue in Fiscal Year 2018-19. The costs incurred by the District during this same period are approximately $1,554,000. The projected fund balance at the end of Fiscal Year 2018-19 is $481,000. For Fiscal Year 2019-20, the CTBID has estimated revenues of $1,360,000 and a budget of $1,342,400 with a projected fund balance of $499,000 at June 30, 2020. Next Steps Adopt Resolution approving the report of the CTBID and continuing the programs and · assessments for Fiscal Year 2019-20. Staff will return to City Council later this summer to present a comprehensive financial report for Fiscal Year 2018-19 once the books have been closed for the year. Environmental Evaluation (CEQA} Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of the CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution. 2. Ordinance No. NS-778. June 11, 2019 Item #14 Page 2 of 13 RESOLUTION NO. 2019-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE REPORT OF THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT (CTBID), AND CONTINUING THE CTBID PROGRAMS AND ASSESSMENTS FOR FISCAL YEAR 2019-20 EXHIBIT 1 WHEREAS, the CTBID was formed in accordance with the California Government Code Parking and Business Improvement Area Law of 1989 (Sections 36500, et. Seq. of the Streets and Highways Code); and WHEREAS, Section 36533 of the Code requires the CTBID Advisory Board to present a report to the City Council for their review and approval for each fiscal year for which assessments are to be levied and collected to pay the cost for the improvements and activities described in the report; and WHEREAS, a report has been submitted to the City Council for Fiscal Year 2019-20; and WHEREAS, Section 36535 (d) ofthe Streets and Highways Code of the State of California, allows the City Council to " ... adopt a resolution continuing the program and assessments as levied in the then current year without change, and that resolution shall constitute the levy of an assessment for the fiscal year referred to in the report"; and WHEREAS, the City Council must adopt a new resolution each year in order to levy an assessment for that fiscal year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the report is approved as submitted by the Board of Directors for the Carlsbad Tourism Business Improvement District. (Attachment A) 3. That the program and assessment as levied in the current fiscal year (2018-19) shall continue without change. June 11, 2019 Item #14 Page 3 of 13 EXHIBIT 1 PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of Carlsbad on the 11th day of June, 2019, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. None. None. ~ ,(t.f BARBARA ENGLESON, City Clerk (SEAL) June 11, 2019 Item #14 Page 4 of 13 Attachment A Carlsbad Tourism and Business Improvement District (CTBID) 2019-2020 Report Method of Assessment: The CTBID includes all hotel businesses located within the CTBID boundaries. The assessment shall be levied on all hotel businesses, existing and future, within the City of Carlsbad based upon a flat fee of $1.00 per occupied room per night for all transient occupancies as defined in section 3.12.020(7) of the Carlsbad Municipal Code. The amount of assessment shall be separately stated from the amount of the rent and other taxes charged, and each transient shall receive a receipt for payment from the operator. The assessment will be remitted monthly, based on $1.00 per occupied room per night in revenues for the previous month. Assessment Funding Purpose: To administer marketing and visitor programs to promote the City of Carlsbad as a tourism visitor destination and to fund projects, programs, and activities, including appropriate administrative charges that benefit hotels within the boundaries of the District. 2018-19 Work Plan: Last fiscal year, the CTBID contracted with Carlsbad Convention and Visitors Bureau (dba Visit Carlsbad) to provide tourism marketing services for Carlsbad. In addition, $110,000 in grants were awarded to fund projects and events to increase the overnight stays in Carlsbad hotels. The CTBID 2019-20 budget includes $1,213,000 in funding for Visit Carlsbad. The services provided will focus primarily on driving demand in the leisure market during the off peak season. The majority of this will be done by interactive marketing and group sales. Visit Carlsbad will also contract with a public relations firm to continue branding Carlsbad. Funding also includes managing the visitor center and publications. The Visit Carlsbad Board will review the CTBID grant applicants and make the funding recommendations, for which there is $75,000 allocated this year, to the CTBID Board. Detail of the 2019-20 budget is shown on the following page. June 11, 2019 Item #14 Page 5 of 13 2019-20 Recommended CTBID Budget 2016-17 2017-18 2018-19 2018-19 Actuals Projected Recommended Program Areas Description Ac.tuals Actuals Budget as of 3/18/19 2018-19 Actuals 2019-20 Budget Carryover Fund Balance $655,774 $722,331 $696,716 696,716 696,716 481 ,816 Revenues: CTBID Assessment $1 per room night 1,205,851 1,246,944 1,320,000 892,642 1,320,000 1,360,000 Interest Earnings 1,658 2,535 19,377 19,500 Total Estimated Revenues 1,207,509 1,249,479 1,320,000 912,019 1,339,500 1,360,000 Exi;1enditures: 2% Admin. Fee -City 2% of CTBID assessment revenue, for collection of CTBID assessment and accounting for CTBID 24,116 24,896 26,400 15,893 26,400 27,200 CCVB Payment To operate visitor center, market and promote Carlsbad 978,612 1,130,216 1,391,600 828,374 1,391 ,600 1,213,000 Staff support Staff support to the CTBID - 2% of revenues 19,224 16,972 26,400 9,367 26,400 27,200 CTBID Grants Grant program established by CTBID Board 119,000 103,011 200,000 15,000 110,000 75,000 Total Expenses 1,140,952 1,275,095 1,644,400 868,634 1,554,400 1,342,400 Ending Fund Balance Contingency for Revenue shortfall $722,331 $696,716 $372,316 $740,101 481 ,816 499,416 June 11, 2019 Item #14 Page 6 of 13 1 2 3 4 5 6 7 8 ~ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHI.BIT 2 ORDINANCE NO. NS-778 AN ORPINANCE OF THE CITY COUNCIL OF THE CITY OF CARL&BAD, CALIFORNIA ENACTING CHAPTER 3.37 OF THE CARLSBAD MUNICIPAL CODE !ESTABLISHING THE CARLSBAD TOURISM BUS.INESS IMPROVEMENT DISTRICT (CTBID), FIXING THE BOUNDARIES THEREOFs PROVIDING FOR THE LEVY Of A BUmNESS ASSESSMENT TO BE PAID BY HOTEL BUSINESSES IN SUCH DISTRICT AND ESTABUSHING AN ADVISORY BOARD The City Council of the City of Carlsbad does ordain as follows: SECTION 1. That Title 3 of the Carlsbad Municipal Code is hereby amended by the addition of Chapter 3.37, that shall be known as the Carlsbad Tourism · Business Improvement District Ordinance of the City of Carlsbad to read as follows: "CHAPTER 3.37 CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT" 3.37.010 Definitions 3.37.020 Procedure And Findings 3.37.030 Establishing the Carlsbad Tourism and Business Improvement District 3.37.040 Boundaries 3.37.050 Levy And Collection Of Assessments 3.37.060 Ordering The Collection Of Assessments 3.37.070 Use Of Proceeds From Assessments 3.37.080 Penalty For Non-Payment Of Assessment 3.37.090 Assessments To Be Used Within The District 3.37.100 Advisory Board 3.37.110 Severability 3.37.010 DEFINITIONS. "Hotel" shall have the meaning defined in section 3.12.020(1) of the Carlsbad Municipal Code. 3.37.020 PROCEDURE AND FINDINGS This ordinance is made and enacted pursuant to the provisions of the Parking and Business Improvement Area Law of 1989 (Sections 36500, et. seq., of the June 11, 2019 Item #14 Page 7 of 13 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Streets and Highways Code) (the "law"). (a) On September 13, 2005, the City Council of the City of Carlsbad adopted Resolution No. 2005-281 entitled, "A Resolution of Intention of the City Council of the City of Carlsbad, California, Declaring the Intention of the City Council to Establish the Carlsbad Tourism Business Improvement Distri.ct (CTBID), Fixing the Time and Place of a Public Meeting and Public Hearing Thereon and Giving Notice Thereof'. (b) Said Resolution No. 2005-281 was published and copies thereof were duly mailed and posted, all as provided by said law and said Resolution No. 2005-281. (c) Pursuant to said Resolution No. 2005-281, a public meeting concerning the formation of said district was held before the City Council of the City of Carlsbad on October 11, 2005 at 6:00 p.m. in the Council Chambers of the City Hall of the City of Carlsbad. (d) Pursuant to said Resolution No. 2005-281, a public hearing concerning the formation of said district was held before the City Council of the City of Carlsbad on November 8, 2005 at 6:00 p.m. in the Council Chambers of the City Hall of the City of Carlsbad. (e) All written and oral protests made or filed were duly heard, evidence for and against the proposed action was received, a full, fair and complete hearing was granted and held. (f) The City Council determined that there was no majority protest within the meaning of Section 36525 of the law. (g) That following such hearing, the City Council hereby finds that the hotel businesses lying within the district herein creat.ed, in the opinion of the City Council, will be benefited by the expenditures of funds raised by the assessment or charges proposed to be levied hereunder. Ill Ill June 11, 2019 Item #14 Page 8 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3.37.030 ESTABLISHING THE CARLSBAD TOURISM AND BUSINESS IMPROVEMENT DISTRICT That pursuant to said law, the Carlsbad Tourism Business Improvement District (CTBID) is hereby established in the City of Carlsbad as herein set forth and that all hotel businesses in the district established by this ordinance shall be subject to any amendments made hereafter to said law or to other applicable laws. 3.37.040 BOUNDARIES The boundaries of the CTBID shall be the boundaries of the City of Carlsbad as shown on the attached map (Exhibit A). 3.37.050 LEVY AND COLLECTION OF ASSESSMENTS The CTBID will include all hotel businesses located within the CTBID boundaries. The assessment shall be levied on all hotel businesses, existing and future, within the City of Carlsbad based upon a flat fee of $1.00 per occupied room per night for all transient occupancies as defined in section 3.12.020(7) of the Carlsbad Municipal Code. The amount of the assessment shall be separately stated from the amount of the rent and other taxes charged, and each transient shall receive a receipt for payment from the operator. The assessment will be collected monthly, based on $1.00 per occupied room per night in revenues for the previous month. New hotel businesses within the boundaries will not be exempt from the levy of assessment authorized by Section 36531. Assessments pursuant to the CTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax. No assessment shall be imposed upon occupancies of any federal or State of California officer or employee when on official business nor on occupancies of any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. Ill Ill Ill June 11, 2019 Item #14 Page 9 of 13 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3.37.060 ORDERING THE COLLECTION OF ASSESSMENTS The City Council hereby levies and imposes and orders the collection of an additional assess'Tlent to be imposed upon persons occupying hotel business premises in the proposed district described above, which shall be calculated pursuant to Section 3.37.050 above. Such levy shall begin on January 1, 2006. 3.37.070 USE OF PROCEEDS FROM ASSESSMENTS That the proceeds of the additional hotel business assessment shall be spent to administer marketing and visitor programs to promote the City of Carlsbad as a tourism visitor destination and to fund projects, programs, and activities,including appropriate administrative charges, that benefit hotels within the boundaries of the district. Funds remaining at the end of any CTBID term may be used in subsequent years in which CTBID assessments are levied as long as they are used consistent with the requirements of this Section. The City Council of the City of Carlsbad shall consider recommendations as to the use of said revenue made by the Advisory Board created by Section 3.37 .100 of this ordinance. 3.37.080 PENAL TY FOR NON-PAYMENT OF ASSESSMENT Any hotel business that fails to remit any assessment imposed by this ordinance within the time required shall pay a penalty of 10% of the amount of the assessment in addition to the amount of the assessment. Any hotel business that fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of 10% of the amount of the assessment and the 10% penalty first imposed. In addition to the penalties imposed, any hotel business that fails to remit any assessment imposed by this ordinance shall pay interest at the rate of one and one-half of 1.5% per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid. Ill Ill June 11, 2019 Item #14 Page 10 of 13 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IJ 3.37.090 ASSESSMENTS TO BE USED WITHIN THE DISTRICT The improvements and activities to be provided in the CTBID will be funded by the levy of the assessments. The revenue from the levy of assessments within the CTBID shall not be used to provide improvements or activities outside the CTBID or for any purpose other than the purposes specified in the resolution of intention. 3.37.100 ADVISORY BOARD The Advisory Board for the district is hereby appointed pursuant to Section 36530 of the law. The initial members and the powers and duties of the Advisory Board shall be set forth in a separate resolution adopted by City Council. It shall be the purpose of the Advisory Board to make recommendations to the City Council on expenditures for the programs and activities of the CTBID, to make recommendations for its annual budget to be approved by the City Council, and to provide end of year financial reports of the CTBID operations as required by the City Council. The powers and duties of the Advisory board shall be specified by resolution of the City Council. The City Attorney shall serve as the general counsel of the Advisory Board. 3.37.110 SEVERABILITY If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to June 11, 2019 Item #14 Page 11 of 13 REPORT OF THE CARLSBAD BUSINESS IMPROVEMENT DISTRICT AND CONTINUATION OF PROGRAMS AND ASSESSMENTS Laura Rocha, Deputy City Manager, Administrative Services Cheryl Gerhardt, Finance Manager June 11, 2019 Purpose •To consider approving the report of the Carlsbad Tourism Business Improvement District (CTBID) and continuation of the programs and assessments for fiscal year 2019-20. CTBID Report Purpose of Report: –Ordinance NS-778 was adopted by the City Council on November 15, 2005 forming CTBID pursuant to Parking and Business Improvement Law of 1989 authorizing $1 per room night assessment on each occupied room in Carlsbad . –Proceeds from the assessment shall be spent to administer marketing and visitor programs and promote the City of Carlsbad as a tourism visitor destination. –CTBID Report includes estimated assessments, budgeted expenditures and projected fund balance for fiscal year 2019-20. Council Action •Adopt a Resolution approving the report of the CTBID, and continuing the CTBID programs and assessments for fiscal year 2019-20. Thank you