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HomeMy WebLinkAbout2021-06-08; City Council; ; Fiscal Year 2021-22 Annual Report of the Carlsbad Tourism Business Improvement District, and Resolution of Intention to Levy and Collect Annual Assessments in the Next Fi Meeting Date: June 8, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Cheryl Gerhardt, Finance cheryl.gerhardt@carlsbadca.gov or 760-602-2468 Subject: Fiscal Year 2021-22 Annual Report of the Carlsbad Tourism Business Improvement District, and Resolution of Intention to Levy and Collect Annual Assessments in the Next Fiscal Year District: All Recommended Action Adopt a resolution approving the fiscal year 2021-22 Annual Report of the Carlsbad Tourism Business Improvement District, declaring an intention to levy and collect annual assessments and setting a majority-protest public hearing on the levying of the proposed assessments for 3 p.m. on June 22, 2021. Executive Summary The Carlsbad Tourism Business Improvement District Advisory Board is required to present an annual report for the 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. Staff has prepared the report and it has been approved by the district’s advisory board. The report shows that expected revenue for the district for fiscal year 2020-21 is $1,100,000 and projected expenditures are $684,000. It also shows that for fiscal year 2021-22 expected revenue is $3,600,000 and the recommended budget is $3,222,000. The City Council is being asked to approve the report, declare its intention to levy and collect assessments for fiscal year 2021-22, and set a majority-protest public hearing on the levying of the proposed assessments for 3 p.m. on June 22, 2021. Discussion The district was formed in 2005 under the Parking and Business Improvement Law of 1989 (California Streets and Highways Code Section 36500 et seq.) It is funded by the levying and collection of an assessment of 2% of gross short-term room rental revenue for all transient occupancies within the city. The assessment proceeds are used to administer marketing and visitor programs to promote the City of Carlsbad as a tourism visitor destination and to fund June 8, 2021 Item #3 Page 1 of 7 projects, programs, and activities, including appropriate administrative charges, that benefit hotels within the boundaries of the district. (Carlsbad Municipal Code Sections 3.37.050 and 3.37.060.) The district’s advisory board is required to present an annual report for the City Council’s review and approval for each fiscal year for which assessments are to be levied and collected. The report for the 2021-22 fiscal year was approved by the district’s advisory board at its meeting on May 19, 2021 (Attachment A to Exhibit 1). If the City Council approves the annual report, the City Council must adopt a resolution of intention to levy and collect assessments for the 2021-22 fiscal year for the assessments to continue. The proposed resolution (Exhibit 1) calls for a continued assessment of 2% of gross short-term room revenue for each transient occupancy within the city during fiscal year 2021- 22. The City Council must also set the time and place for a public hearing on the levying of the proposed assessments. The public hearing must occur at least 10 days after the City Council adopts the resolution of intention. Staff recommends the City Council set the public hearing for June 22, 2021 at 3 p.m. At the public hearing, the City Council must consider any oral or written protests. Written protests must be submitted to the city clerk at or before the time set for the public hearing. Written protests must contain sufficient information to identify the affected business and to show the person submitting the protest is the business owner or is speaking on behalf of the business owner. If, following the public hearing, there are written protests from affected business owners that will pay 50 percent or more of the assessments proposed to be levied, the City Council may not take any further action to levy the proposed assessments for one year. If the majority protest is only against specified activities or improvements, those activities and improvements must be eliminated for fiscal year 2021-22. Options For the assessments to continue, the City Council is required to adopt a resolution of intention to levy and collect assessments for the 2021-22 fiscal year. The City Council can either: 1) Adopt a resolution of intention. This will allow the city to levy and collect assessments in fiscal year 2021-22. 2) Not approve the resolution of intention. The levying and collection of the assessments will not continue into fiscal year 2021-22. Fiscal Analysis The district will generate approximately $1,100,000 in revenue in fiscal year 2020-21. The costs incurred by the district during this same period are approximately $684,000. The projected fund balance at the end of fiscal year 2020-21 is $1,033,139. For fiscal year 2021-22, the district has estimated revenues of $3,600,000 and a budget of $3,222,000 with a projected fund balance of $1,411,139 at June 30, 2022. Next Steps The city clerk will publish the resolution of intention in a newspaper of general circulation in the city at least seven days before the public hearing. The public hearing on the renewal of the assessments will be held at the City Council meeting on June 22, 2021 at 3 p.m. June 8, 2021 Item #3 Page 2 of 7 Environmental Evaluation (CEQA) This action does not constitute a “project” within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 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 Public notice of this item was posted in keeping with the state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council resolution June 8, 2021 Item #3 Page 3 of 7 RESOLUTION NO. 2021-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT (CTBID) ANNUAL REPORT, DECLARING AN INTENTION TO LEVY AND COLLECT AN ANNUAL ASSESSMENT AND SETTING A MAJORITY-PROTEST PUBLIC HEARING DATE WHEREAS, the CTBID was formed in accordance with the Parking and Business Improvement Area Law of 1989 (Cal. Streets and Highways Code, § 36500 et seq.); and WHEREAS, the CTBID boundaries are the boundaries of the City of Carlsbad; and WHEREAS, the CTBID Advisory Board must present an annual report to the City Council for approval for each fiscal year for which assessments are to be levied and collected to pay the cost of the improvements and activities described in the report; and WHEREAS, the CTBID Advisory Board submitted an annual report (Attachment A) to the City Council for fiscal year 2021-22; and WHEREAS, after the City Council approves the annual report, the City Council must adopt a resolution declaring its intention to levy and collect assessments for fiscal year 2021-22; and WHEREAS, the assessments will generally 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 CTBID boundaries; and WHEREAS, the amount of the proposed assessment and a full and detailed description of the activities to be conducted and funded in fiscal year 2021-22 are included in Attachment A. 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 annual report (Attachment A) is approved as submitted by CTBID Advisory Board. 3.That for fiscal year 2021-22, the City Council intends to levy and collect an assessment of 2% of gross short-term room revenue for each transient occupancy in the city. 4.That the City Council will hold a public hearing at 3 p.m. on June 22, 2021 on the levying of the annual assessment. June 8, 2021 Item #3 Page 4 of 7 5.That at the public hearing, the City Council will consider any oral or written protests to the levying of the assessments. Written protests must be submitted to the city clerk at or before the time set for the public hearing. Written protests must contain sufficient information to identify the affected business and to show the person submitting the protest is the business owner or is speaking on behalf of the business owner. If, following the public hearing, there are written protests from affected business owners that will pay 50 percent or more of the proposed assessments, the City Council will not take any further action to levy the proposed assessment for one year. If the majority protest is only against specified activities or improvements, those activities and improvements will be eliminated for fiscal year 2021-22. 6.That the city clerk is directed to 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 not less than seven days before the public hearing. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of June, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) June 8, 2021 Item #3 Page 5 of 7 ATTACHMENT A Carlsbad Tourism and Business Improvement District (CTBID) 2021-2022 Annual 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 rate of 2% of gross short-term room revenue for all transient occupancies as defined in Section 3.12.020 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 remitted monthly, based on 2% of gross short-term room 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. 2020-21 Work Plan: Last fiscal year, the CTBID assessment generated approximately $1,100,000 in revenue. The CTBID contracted with Carlsbad Convention and Visitors Bureau (dba Visit Carlsbad) to provide tourism marketing services for Carlsbad. In addition, $30,000 in grants were awarded to fund events to increase the overnight stays in Carlsbad hotels. The CTBID 2021-22 budget includes a funding level of $3,000,000 for Visit Carlsbad. This increased funding level is the result of the increase in assessment revenue due to the modification of the assessment rate from $1 per room night to 2% of gross short-term room revenue. This assessment increase was approved during Fiscal Year 2020-21 and went into effect on November 1, 2020. The services provided by Visit Carlsbad will focus on post COVID-19 marketing efforts. The majority of this will be done through promotional programs and group sales. Visit Carlsbad also has plans to hire a CEO/President during Fiscal Year 2021-22. The CEO will help develop a business plan for Visit Carlsbad’s future. The Visit Carlsbad Board will also review the CTBID grant applicants, for which there is $100,000 allocated this year, and make the funding recommendations to the CTBID Board. Details of the 2021-22 budget are shown on the following page. June 8, 2021 Item #3 Page 6 of 7 2020-21 Recommended CTBID Budget 2017-18 2018-19 2019-20 2020-21 2020-21 Actuals Projected Recommended Program Areas Description Actuals Actual Actual Budget as of 12/31/20 2020-21 Actuals 2021-22 Budget Carryover Fund Balance $722,331 $696,716 $640,318 $617,139 617,139 1,033,139 Revenues: CTBID Assessment 2% of Room Revenue (was $1 per room night prior to 11/1/20)1,246,944 1,333,001 1,088,860 800,000 535,851 1,100,000 3,600,000 Interest Earnings 2,535 26,920 21,384 -7,006 Total Estimated Revenues 1,249,479 1,359,921 1,110,244 800,000 528,845 1,100,000 3,600,000 Expenditures: 2% Admin. Fee - City 2% of CTBID assessment revenue, for collection of CTBID assessment and accounting for CTBID 24,896 26,644 21,045 16,000 6,470 22,000 72,000 CCVB Payment To operate visitor center, market and promote Carlsbad 1,130,216 1,244,575 1,040,326 800,000 266,667 600,000 3,000,000 Staff support Staff support to the CTBID 16,972 15,649 20,438 16,000 8,963 20,000 50,000 Professional Services Civitas Contract 32,960 12,000 12,000 CTBID Grants Grant program established by CTBID Board 103,011 129,451 18,654 75,000 30,000 100,000 Total Expenses 1,275,095 1,416,319 1,133,423 907,000 294,100 684,000 3,222,000 Ending Fund Balance Contingency for Revenue shortfall $696,716 $640,318 $617,139 $510,139 1,033,139 1,411,139 June 8, 2021 Item #3 Page 7 of 7