Loading...
HomeMy WebLinkAbout10/18/2011, PH2 - ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT Council Agenda Report—Annual TBID Report Page 2 have this information available at the meeting, but for privacy reasons, this information is not made public before or at the meeting. In the event that a negative protest occurs, no further proceedings to continue the levy of assessments for that fiscal year shall take place. At the conclusion of the public hearing, if no or insufficient protest is received, Council may then adopt a resolution affirming the continuation of the San Luis Obispo Tourism Business Improvement District, setting forth the basis for the assessment, and levying the assessment upon hotels in the district for fiscal year 2011-12. Such a resolution is provided as Attachment 4. FISCAL IMPACT According to the City's Financial Plan, the TBID is estimated to raise $973,000 for tourism marketing and promotion in fiscal year 2011-12. As previously mentioned, the use of the assessment funds are described in the TBID Board's Annual Report (Attachment 2). ATTACHMENTS 1. Ordinance No. 1517 2. TBID Board Annual Report 3. Resolution of Intention No. 10306 (2011 Series) 4. Resolution confirming the TBID and levying the assessment PH2-2 ATTACHMENT 1 ORDINANCE NO. 1517 (2008 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ESTABLISHING THE SAN LUIS OBISPO CITY TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID),FIXING THE BOUNDARIES THEREOF, PROVIDING FOR THE LEVY OF A BUSINESS ASSESSMENT TO BE PAID BY HOTELS IN SUCH DISTRICT WHEREAS, on April 15, 2008, the City of San Luis Obispo Council adopted Resolution No. 9972 (2008 Series)entitled,"Resolution of the City of San Luis Obispo Declaring its Intention to Establish the San Luis Obispo Tourism Business Improvement District(TBID),to Establish the Basis for and to Levy the Assessment for the District and to Set Dates for the Public Hearing on the District,and the Proposed Assessment"; and WHEREAS,as specified in such Resolution,the boundaries of the district encompass the City of San Luis Obispo,and there are no separate benefit zones within the district; and WHEREAS,said Resolution was published and copies thereof were duly mailed and posted, all as provided by state law and specified in the Resolution; and WHEREAS,pursuant to that Resolution a public meeting concerning the formation of said district was held before the City Council on May 20, 2008 at 7:00 p.m. in the City Council Chambers at City hall; and WHEREAS, also pursuant to Resolution a public hearing concerning the formation of said district was held before the City Council on June 3, 2008 at 7 p.m.in the City Council Chambers at City Hall; and WHEREAS,all written and oral protests made or filed Were duly heard, and testimony for and against the proposed action was received and considered; and WHEREAS,the City Council determined that there was no majority protest within the meaning of Streets and Highways Code Section 36525.,as written protests were not received from owners of businesses in the proposed district which would pay fifty percent (50%) or more of the assessments proposed to be levied; and WHEREAS,protests are weighted based on the assessment proposed to be levied on each hotel. For purposes of the initial formation of the district,the proposed assessment to be levied was calculated based on the assessment rate multipliedby the most recent available data for the hotels' rental revenues. NOW, THEREFORE,BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to authority granted under the Parking and Business Improvement Area Law of 1989,California Streets and Highways Code Sections 36500 et seq., 01517 Di- 1) 2 �\ O Ordinance No. 1517 (2008 Series) ATTACHMENT 1 Page 2 the City of San Luis Obispo Tourism Business Improvement District(TBID)is hereby established in the City of San Luis Obispo as herein set forth and all hotels in the district established by this ordinance shall be subject to any amendments made hereafter to said law or to other applicable laws. SECTION 2. The City Council of the City of San Luis Obispo.finds.that hotels within the San Luis Obispo Tourism Business Improvement District will be benefited by the improvements and activities funded by assessments to be levied. SECTION 3. Chapter 12.42_(Tourism Business Improvement District)is hereby added to Title 12 (Streets, Sidewalks,and Public Places)of the San Luis Obispo.Municipal Code to read as follows: 12.42.010.TITLE.This chapter shall be known as the"City of San Luis Obispo Tourism Business Improvement District Law." 12.42.020.DEFINITIONS. (1)"City Council" shall mearr the City of San Luis Obispo City Council. (2)"City Advisory Body"shall mean the Advisory Body appointed by the City Council, pursuant to this chapter. (3)"District"shall mean the City of San Luis Obispo Tourism Business hnprovement District (or"TBID")created by this chapter and as delineated in Section 12.42.040. (4)"Hotel"shall mean any structure,or any portion of any structure,which is occupied or intended or_designed for occupancy by transients for dwelling, lodging or sleeping purposes,and includes any hotel,motel,bed and breakfast, or vacation home and pays Transient Occupancy Tax. For purposes of this chapter the,definition of"hoteP' shall not include RV Parks. (5)"Law"shall mean the Parking and Business Improvement.Area Law of 1989, California Streets and Highways Code Sections 36500 et seq.,as amended. (6)"Operator" shall mean the person who is the proprietor of the hotel, whether in the capacity of owner,lessee,sublessee,mortgagee in possession,licensee or any other capacity. Where the operator performs its functions through,a managing agent of any type or character other than an employee,the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his principal. Compliance with the provisions of this chapter by either the principal of the managing agent shall,however,be considered to be compliance by both. (7)"Transient"means any person who exercises occupancy or who is entitled to occupancy,by reason of concession,permit,right of access,license, or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. 12.42.030.AUTHORIZED USES.This ordinance is made and enacted pursuant to the provisions of the Parking and Business Improvement Aim Law of 1989(Sections 36500 et. seq., of the California Streets and Highways Code). The purpose of forming the district.as a business improvement area under the Parking and Business Improvement Area Law of 1989 is to provide revenue to defray the costs of services, activities and programs promoting tourism which will benefit the operators of hotels in the district through the promotion of scenic,recreational, cultural and other attractions in the district as a tourist destination. It is the intent of this chapter DII'f A r" Ordinance No. 1517 (2008 Series) ATTACHMENT 1 Page 3 to provide a supplemental source of funding for the promotion of tourism in the district and it is not intended to supplant any other existing sources of revenues which may be used by the City of San Luis Obispo for the promotion of tourism. The specific services, activities and programs to be provided by the district are as follows: A. The general promotion of tourism within the district4s to include costs as specified in the business plan to be adopted annually by the City Council. B. The marketing of the district to the travel industry in order to benefit local tourism and the local hotel industry in the district. 12.42.040. BOUNDARIES.The boundaries of the TBID shall be the boundaries of the City of San Luis Obispo. 12.42.050.LEVY OF ASSESSMENT AND EXEMPTIONS. The TBID shall include all hotels located within the TBID boundaries. The assessment shall be levied on all hotels,existing and future,within the City of San Luis Obispo based upon two percent(2%)of the paid gross rent charged by the operator per night for all transient occupancies. The assessment shall be collected monthly,based on two percent(2%)of the gross rent charged by the operator per night in revenues for the previous month. New hotels within the boundaries shall not be exempt from the levy of assessment authorized by Section 36531 of the law. Assessments pursuant to the.TBID shallnot be included in gioss room rental revenue for purpose of determining the amount of the transient occupancy tax. The value of rooms for extended stays of more than thirty(30)consecutive calendar days shall be exempt from the levy of assessment. 12.42.060.ANNUAL REVIEW OF ASSESSMENT. All of the assessments imposed pursuant to this chapter shall be reviewed by the City Council annually,based upon the annual report prepared by the Advisory Body appointed pursuant to this chapter and Sections 36530 and 36533 of the law. Atter approval of the annual report the City Council shall follow the hearing process as outlined in Section 36534 of the law. At the public hearing the City Council shall hear and consider all protests. If written protests are received from hotel businesses in the district paying fifty percent(50%)percent or more of the annual assessment,no further proceedings to continue the levy of assessments shall take place. The protests shall be weighted based upon the annual assessment for the prior year by each hotel business. 12.42.070. IMPOSITION OF ASSESSMENT. The City Council hereby levies and imposes and orders the collection of an additional assessment to be imposed upon hotels in the district described above,which shall be calculated pursuant to Section 12.42.050 above. Such levy shall begin on August 1,2008. 12.42.080.USE OF REVENUE. The improvements and activities to be provided by the TBID will be funded by the levy of the assessments. The revenue from the levy of assessments within the TBID shall not be used to provide improvements or activities outside the TBID or for any purpose other than the purposes specified in the resolution of intention. All funds shall be expended consistent with the purposes of this act. Funds remaining at the end of any TBID term may be used in subsequent year in which TBID assessments are levied as long as they are used consistent with the requirements of this Section. The City Council shall consider DA'f G Ordinance No. 1517(2008 Seri) C ATTACHMENT 1 Page 4 recommendations made by the City Advisory Body created by Section 12.42.100 of this chapter as to the use of assessment revenue. 12.42.090.DELINOUENCY. PENALTY,AND INTEREST. Any hotel that fails to remit any assessment imposed by this ordinance within the time required shall pay a penalty in accordance with the policies, regulations, and ordinances of the City of San Luis Obispo. Any and all remedies available to the City of San Luis Obispo for non payment of assessments or taxes shall be applicable in the event of non payment of an assessment under this chapter. 12.42.100 ADVISORY BODY. An advisory body comprised of five(5) members is hereby created to carry out the functions of an advisory board under Section 36530 of the law. Said advisory body shall be referred to as the Tourism Business Improvement District Board or TBID Board. The members of the TBID Board shall be.appointed following the City's recruitment guidelines for Advisory Bodies. All applicants and members must be operators of hotels within the district, or employed by the operator of such a hotel. The length of the term for each individual member of the TBID Board shall follow the guidelines of all City Advisory Bodies and is limited to eight(8) subsequent years. Members of the TBID Board shall serve at the pleasure of the City Council and maybe removed by the City Council at any time. If a member no longer represent the lodging establishment for which he or she was selected to the TBID Board,his or her seat will be vacated and a new member will be appointed. The TBID Board shall review the implementation of this chapter, the implementation of programs and activities funded through this chapter, and advise the City Council on the amount of the district's assessments and on the services,programs, and activities to be funded by the Assessments, and shall perform such other duties as required by the law, including preparing the Annual Report required by Section 3.6533 of the law. The Annual Report shall be submitted to the City Council no later than 90 days before the new budget year. The City Council shall ensure that the TBID Board has timely access to all public information regarding collection, disbursement, and uses of the funds collected under the terms of this ordinance 12.42.110 MODIFICATION OR DISESTABLISHMENT. The City Council,by ordinance,may-modify the provisions of this chapter and may disestablish the district or parts of the district, after adopting a resolution of intention to such effect. Such resolution shall describe the proposed change or changes,or indicate that it is proposed to disestablish the area, and shall state the time and place of'a hearing to be held by the City Council to consider the proposed action. If the operators of hotels which pay fifty percent(50%) or more of the assessments in the district file a petition with the Clerk of the City of San Luis Obispo to adopt a resolution of intention to modify or disestablish the district,the City Council shall adopt such resolution and act upon it as required by law. Signatures on such petition shall be those of a duly authorized representative of the operators of hotels in the district. In the event the resolution proposes to modify any of the provisions of this chapter, including changes in the existing assessments or in the existing boundaries of the district, such proceedings shall terminate if protest is made by the operators of hotels which pay fifty percent(50%)or more of the assessments in the district,or in the district as it is proposed to be enlarged. UTQ9_� Ordinance No. 1517(2008 Series) ATTACHMENT 1 Page 5 in the event the resolution proposes disestablishment of the district,the City Council shall disestablish the district;unless at such hearing,protest against disestablishment is made by the operators of hotels paying fifty percent(50%)or more of the assessments in the district. SECTION 4. 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. SECTION 5. A summary of this ordinance,together with the names of Council members voting for and against it, shall be published at least five(5) days prior to its final adoption, in The Tribune, a newspaper published and circulated in the City of San Luis Obispo. This ordinance shall go into effect at the expiration of thirty(30) days after its final adoption. INTRODUCED on the P day of June 2008, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 17`s day of June 2008, on the following roll call vote: AYES: Council Members Carter, Mulholland and Settle,Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None Mayor David F. Romero ATTEST: idrey H er City Cl APPROVED AS TO FORM: konathanyLowell Ciorney MU2_7 L" ATTACHMENT 2 sG.�r�i iu s oBlspo TOURISM BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT FROM: TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD MEMBERS: Tim Billing, Chair John Conner, Vice-Chair Dean Hutton Clint Pearce Joel Koper Nipool Patel Susan Norris Prepared By: Brigitte Elke, Principal Administrative Analyst SUBJECT: TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD ANNUAL REPORT DISCUSSION The City of San Luis Obispo Tourism Business Improvement District In June 2008 the City Council adopted Ordinance 1517 establishing the tourism business improvement district (TBID) in the City of San Luis Obispo as requested by the local lodging industry. The assessment of two percent of gross receipts for the district became effective on October 1, 2008 and the use of funds was defined in Section 12.42.030 of the Municipal Code as follow: "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 California Streets and Highways Code). The purpose of forming the district as a business improvement area under the Parking and Business Improvement Area Law of 1989 is to provide revenue to defray the costs of services, activities and programs promoting tourism which will benefit the operators of hotels in the district through the promotion of scenic, recreational, cultural and other attractions in the district as a tourist destination. " The City subsequently established a special fund for the district through which the assessment funds are administered. Advisory Body The use of the assessment fund is based on the recommendation of the Tourism Business Improvement District advisory board that is staffed by City of San Luis Obispo hotel owners and/or general managers. The members serve for an initial four-year term with the opportunity for a second term. PH2-8 Tourism Business Improvement District a....ua]Report C ATTACHMENT 2 2010-11 Advisory Board Name Property Term Tim Billing- Vice-Chair Embassy Suites 3/31/2013 John Conner- Vice-Chair Petit Soleil 3/31/2013 Dean Hutton Apple Farm 3/31/2013 Clint Pearce Madonna Inn 3/31/2015 Joel Koper Holiday Inn 3/31/2015 Susan Norris Sands Inn & Suites 3/31/2012 Nipool Patel Comfort Inn 3/31/2012 In addition to the governing City ordinance, the TBID Board established its advisory body bylaws and further defined its role and functions as: The functions and duties of the TBID BOARD shall include, but not be limited to, the following: A. Planning a comprehensive program to promote tourism to the City of San Luis Obispo and prepare an annual marketing program consistent with industry goals and objectives. B. Develop advertising and promotional programs and projects to benefit the lodging industry in San Luis Obispo. C. Present an annual assessment report to the City Council regarding the implemented promotional programs and projects. D. Perform any other lawful tasks as directed by the Council. The board meets monthly on the second Wednesday at 2:00 pm for its regular board meeting. In 2010- 11, the board met in 12 regular monthly meetings, a board retreat, and three special meetings for business related to events promotion and the 2011-12 budget. Additionally, it appointed a budget task force, a tradeshow task force, and appointed three of its members to serve on the events promotion subcommittee with three members of the Promotional Coordinating Committee. In order to keep the lodging constituency abreast of all TBID business, the board assigned liaisons and each board member is responsible for communication with his/her respective group of hotels. Additionally, the board chair and staff embark on hotel visits at least once a year to personally bring TBID updates and marketing material to each property. 2010-11 Work program Level Studios During fiscal year 2010-11, the TBID continued its marketing efforts with Level Studios and its triple award winning lodging website www.sanluisobispovacations.com. The 2010-11 marketing campaign transitioned from broad brand awareness to targeting experience specific interests and messages. Additionally, Level Studios continued to deepen the user experience on the website, using current traveler research and site analytics aggregated from the previous year. Some improvements included adding 18 interest categories such as vacation ideas for families, couples, and girlfriends, pet-friendly, deals & packages, honeymoons and weddings, and low cost getaways. A press room section was built that features the newly produced video, press releases, an PH2-9 ATTACHMENT 2 Tourism Business Improvement District i,...ual Report image gallery, and brand guidelines to provide greater access to visiting press and bloggers with assets and inspiration to write about the City. The executed media plan utilized the following strategies: - continued emphasis on targeting the TBID's message to the most searched for travel terms; - utilize digital advertising to build continued exposure with a seasonal emphasis; - utilize social and event content to build media message; The following media mix was applied in pursuit of the above mentioned strategy: - Print publications including consumer magazines and trade publications such as Skywest, Via Discover, Westways, LA Family Magazine, etc. - Online banner ads that appear on travel portals and in line with travel articles - Search Engine Optimization (SEO) and Pay-per-click Search Engine Marketing - Social Media Advertising on Facebook and the introduction of You Tube - Public Relations, including interest, seasonal and event releases, press trip coordination and hotelier outreach By May 2011, the campaign, which remains highly targeted to California travelers, had seen: ➢ 130 million impressions ➢ 560,000 email messages ➢ 28;500 visits to the San Luis Obispo TripAdvisor page Which resulted in: 3.5 times more visitors to the website (for only 9.5%more media spend) 32% more San Luis Obispo related searches ➢ 6,600 new email subscribers ➢ 21,800 unique monthly site visits 20,050 clicks to hotel sites ➢ 10,700 mobile visitors In addition to these efforts, the TBID commissioned several campaigns to increase the reach for its brand and tourism message. Those efforts were: Funding allocation to the San Luis Obispo Visitors and Conference Bureau (VCB) in order to participate in the effort to build awareness for San Luis Obispo County. The TBID board also recommended payment of individual VCB membership fees in order to provide a direct benefit to the properties paying the assessment fee. Central Coast Tourism Council membership including a San Luis Obispo ad in the organization's tourism guide. Continuation of the STR report for occupancy comparison between various counties and an additional report comparing San Luis Obispo occupancy to Pismo Beach and Paso Robles. Funding for a hotel board and 24/7 outdoor kiosk at the Visitors Center and a hotel concierge training program "MySLO"through the Chamber of Commerce. Events Promotion One of the goals of the Tourism Business Improvement District for 2010-11 was to seek events that bring people to San Luis Obispo. Events that cater to the shoulder seasons were of special interest. In order to address funding requests, the TBID board appointed three of its members to serve on the joint- events promotion subcommittee together with three members of the Promotional Coordinating PH2-10 Tourism Business Improvement District A,�dal Report ATTACHMENT 2 Committee. Through this collaboration, the TBID took the lead in investing in the following major events: Sunset "Savor The Central Coast" This event highlighted San Luis Obispo through the Mission Plaza Dinner and allowed for a tourism booth at the main event in Santa Margarita. The TBID took this opportunity to produce a tradeshow booth that could be used for future opportunities. Straight Down Golf Tournament This collaboration was used to develop golf content on the website and a new golf brochure highlighting the courses around San Luis Obispo. SLO International Film Festival The TBID board gave support to the Film Festival as one of the premier San Luis Obispo spring event. The TBID's agency redesigned the website, produced the Festival brochure, and executed a media buy driving traffic to the Festival. SLO Marathon The inaugural San Luis Obispo Marathon is scheduled for April 2012. As one of the fastest growing sports, marathon running attracts thousands of people to destinations. To have a major sporting event in San Luis Obispo was one of the TBID's events promotion goals. Cal Poly Athletics Through this partnership, the San Luis Obispo hotels are now the exclusive lodging showcased in all Cal Poly Athletic venues. The marketing efforts through this partnership open the Cal Poly Athletics newsletters and email, lists which includes the Alumni, to the San Luis Obispo tourism message. San Luis Obispo GranFondo The inaugural 2010 GranFondo attracted 675 bicycle riders to San Luis Obispo, 70% of which came from out of town. The second GranFondo is scheduled for October 15, 2011. 2011-12 Workprogram For the 2011-12 fiscal year, the TBID will continue its efforts through Level Studios whose contract expires in June 2012. In addition to the approved media campaign, the agency will continue the feature and content updates on the website and develop an itinerary builder for use online and on mobile applications. The TBID board recommended continuing its contracts with the San Luis Obispo Visitors and Conference Bureau for integration of San Luis Obispo in the countywide marketing efforts. The programs commissioned through the Chamber of Commerce will also continue through fiscal year 2011-12. The concierge program will be refined and offer classes at various hotels for hotel front desk specific training. The promotion of large events continues to be a priority for the TBID and the board already recommended support of the nationally recognized vintage show "Remnants of the Past" at the Madonna Expo Center on October 8-9, 2011. Additionally, the board is looking to continue its partnership with the International Film Festival and is actively seeking an event for early September. The weekend after Labor Day is traditionally very slow and an attractive event could help increase PH2-11 Tourism Business Improvement District r..,,ival Report U ATTACHMENT 2 occupancy for this weekend. The partnership with Cal Poly Athletics is a three-year commitment through June 2014. In addition to the tourism marketing efforts and events promotion, the board is looking into increasing San Luis Obispo's presence at industry tradeshows. The board is currently looking at the following four tradeshows: - International PowWow 2012 in Los Angeles - Los Angeles and Bay Area Travel & Adventure Shows - 2012 World AG Expo - RCMA (Religious Conference Manager Association) for group business Proposed Assessment for 2011-12 The TBID Board does not recommend any changes in the levy of the assessment. The assessment is recommended to continue at 2% of gross receipts to be submitted monthly to the City of San Luis Obispo together with the Transient Occupancy Tax. PH2-12 Tourism Business Improvement District Annual Report ATTACN E9 n Financial Statement 2010-11 Income Time Frame Amount TBID Assessment July 2010- June 2011 $ 967,215.00* Investment Earnings $ 8,135.00 Starting Balance $ 616,000.00 Total Income Fiscal Year 2010-11 $ 19591 350.00 Expenditure 2010-11 Level Studios Contract July 2010—June 2011 $ 750,000.00 Level Studios Carry-Over From 2009-10 $ 106,000.00 PR Contract July 2010—June 2011 $ 45,000.00 SLO VCB incl. hotel membership July 2010—June 2011 $ 95,000.00 SLO VCB Coo $ 27,400.00 Chamber of Commerce July 2010—June 2011 $ 53,600.00 STR Report $ 4,000.00 Central Coast Tourism Council $ 7,800.00 SLO Intern. Film Festival $ 35,000.00 Straight Down Golf Tournament $ 22,500.00 GranFondo Bicycle Event $ 20,000.00 Sunset Savor the Central Coast $ 64,000.00 SLO Marathon $ 35,000.00 Cal Poly Athletics $ 25,000.00 PBS Travelsco e $ 39750.00 Future of Work Conference $ 10,000.00 International Pow Wow Tradeshow in San Francisco $ 20,000.00 Various event support, TBID PBS Travelscope, SLO $ 23,000.00 Retreat, and marketing material. Symphony, Hop Fest, Salmonid Conference, Cal Poly en House City Administration 4% of actual assessment $ 32,000.00* Expenditure $193799050.00 Agency Carry Over Unused 2010-11 budget $ 28,000.00 Total Expenditure $193519050.00 PH2-13 Tourism Business Improvement District A—,ial Report � ATTACHMENT 2 Preliminary Financial Statement 2011-12 2011-12 Anticipated Income Anticipated Carryover 2011-12 $ 240,300.00* Budget Estimate Financial Plan 2011-13 $ 973,000.00 Total Estimated Budget 2011-12 $1 213,300.00 Expenditure 2011-12 Committed Agency Contract incl. PR July 2011 —June 2012 $ 800,000.00 SLO Chamber of Commerce July 2011 —June 2012 $ 39,500.00 SLO VCB ind hotel membership July 2011 —June 2012 $ 119,000.00 Central Coast Tourism Council $ 8,000.00 Smith Travel Research $ 4,000.00 Remnants of the Past Vintage $ 25,000.00 Show SLO Intem. Film Festival $ 20;000.00 Cal Poly Athletics $ 52,500.00 Administrative Cost Estimate/4% of assessment $ 38,000.00 Total Expenditure Committed in 2011-12 $191069000.00 'These numbers are based on current estimates.The actual amounts will be based on the City's audited budget numbers.The administrative cost to the City is 4%of actual revenue and will therefore be adjusted accordingly. PH2-14 ATTR CHMENT3 RESOLUTION NO. 10306 (2011 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING ITS INTENTION TO CONTINUE THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT DISTRICT,TO CONTINUE THE BASIS FOR AND TO LEVY THE ASSESSMENT FOR THE DISTRICT,AND TO SET DATES FOR THE PUBLIC HEARINGS ON THE DISTRICT AND THE ASSESSMENT FOR 2011-12 WHEREAS the Parking and Business Improvement 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 lodging businesses within the proposed City of San Luis Obispo Tourism Business Improvement District had requested the City of San Luis Obispo establish such a self-assessment improvement district in 2008; and WHEREAS the San Luis Obispo Tourism Business Improvement District was established in July 2008 and incorporated into the Municipal Code under Chapter 12.42; and WHEREAS the City Council appointed an advisory board to provide oversight, guidance, and recommendations regarding the use of the assessment funds; and WHEREAS the City Municipal Code and the Parking and Business Improvement Law require the advisory board to prepare and submit an annual report stating proposed changes, improvements and activities for the fiscal year; and WHEREAS this report was filed and approved by the City Council on October 4, 2011. NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: a) The San Luis Obispo City Council proposes to continue the established Tourism Business Improvement District in the City of San Luis Obispo in accordance with City Municipal Code Chapter 12.42 and the California Streets and Highways Code, sections 36500 et seq. (Parking and Business Improvement Law of 1989). b) The assessment levied by the Tourism Business Improvement District shall be used to promote lodging at the hotels within the district and administer marketing programs that increase overnight lodging. c) The assessment will be levied and allocated by the City of San Luis Obispo. PH2-15 Ll 10 ATTACHMENT 3 d) The assessment is proposed to be levied on all "hotels", as that term is defined in San Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. e) The assessment shall be based on two percent (2%) of gross room rent. f) New hotels shall not be exempt from assessment. g) The public hearing, held pursuant to the City Municipal Code Chapter 12.42 and the Parking and Business Improvement Law of 1989, section 36535 of the Streets and Highways Code, is to allow for comments on the District and proposed assessment, and is hereby set for 7 P.M., Tuesday, October 18, 2011, before the City Council of San Luis Obispo at the City Council Chambers at 990 Palm Street, San Luis Obispo, California. h) At the public hearing, the testimony of all interested persons for or against the continuation of the District, the boundaries of the District,or the furnishing of specified types of improvements or activities will be heard. i) Any protest against the continuation of the City of San Luis Obispo Tourism Business Improvement District and the levying of the assessment, or any aspect thereof, may be made in writing. A protest may be withdrawn at any time before the conclusion of the public hearing. Any written protest shall contain a description of the business in which the person signing the protest is not shown on the official records of the City of San Luis Obispo as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the authorized representative of the business. Any protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to the City of San Luis Obispo at 990 Palm Street, San Luis Obispo, CA 93401. j) If, at the conclusion of the public hearing, there are of record, written protests by the owners of businesses within the proposed San Luis Obispo Tourism Business Improvement District that will pay fifty percent (50%) or more of the total assessments of the entire San Luis Obispo Tourism Business Improvement District, no further proceedings to continue the San Luis Obispo Tourism Business Improvement District shall occur. New proceedings to form the San Luis Obispo Tourism Business Improvement District shall not be undertaken again for a period of at least one(1) year from the date of the finding. If the majority of written protests are only as to an improvement or activity proposed, PR2-16 ATTACHMENT 3 then that type of improvement or activity shall not be included in the San Luis Obispo Tourism Improvement District. BE IT THEREFORE RESOLVED, the City Clerk is instructed to provide notice as required by the City Municipal Code Chapter 12.42 and the Parking and Business Improvement Law of 1989, section 36534, subpart (7) of the Streets and Highways Code, to wit: the City Clerk shall give notice of the public hearing by causing the resolution of intention to be published once in a newspaper of general circulation in the City no less than seven days before the public hearing. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of , 2011. Mayor Jan Marx ATTEST: Elaina Cano, City Clerk APPRO D AS TO FO Stine Dietrick, City Attorney PH2-17 ATTACHMENT 4 RESOLUTION NO. (2011 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING THE BASIS FOR AND THE LEVY OF THE ASSESSMENT FOR THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT DISTRICT,AND AFFIRMING THE ESTABLISHMENT OF THE DISTRICT. WHEREAS,the Parking and Business Improvement 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 lodging businesses within the proposed City of San Luis Obispo Tourism Business Improvement District had requested the City of San Luis Obispo establish such a self- assessment improvement district in 2008; and WHEREAS, the San Luis Obispo Tourism Business Improvement District was established in July 2008, and the San Luis Obispo Tourism Business Improvement District law was incorporated into the Municipal Code under Chapter 12.42; and WHEREAS, the City Council appointed an advisory board to carry out the functions specified in Street and Highways Code Section 36530, and to provide oversight, guidance, and recommendations regarding the use of the assessment funds; and WHEREAS the San Luis Obispo Tourism Business Improvement District law and the Parking and Business Improvement Law of 1989 requires the advisory body to prepare and submit an annual report stating proposed changes, improvements and activities for the fiscal year; and WHEREAS, such report was filed and approved by the City Council on October 4, 2011 WHEREAS, on October 4, 2011 the City Council adopted Resolution No. 10306 (2011 Series) declaring its intention to continue the San Luis Obispo Tourism Business Improvement District in 2011-12; and WHEREAS, the City Council held a duly noticed Public Hearing on October 18, 2011 to allow for protests, as contemplated by Streets and Highway Code Section 36524; and WHEREAS, sufficient written or oral protest were not received from hotel businesses in the district which pay fifty percent or more of the assessment; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: a) The establishment of Tourism Business Improvement District in the City of San Luis Obispo in accordance with the San Luis Obispo Tourism Business Improvement District law, San Luis Obispo Municipal Code Chapter 12.42, and the California Streets and Highways Code, section 36500 et seq. (Parking and Business Improvement Law of 1989) is affirmed. PH2-18 ATTACHMENT 4 b) The assessment levied by the Tourism Business Improvement District shall be used to promote lodging at the hotels within the district and administer marketing programs that increase overnight lodging. c) The assessment shall be levied and allocated by the City of San Luis Obispo. d) The assessment shall to be levied on all "hotels", as that term is defined in San Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn,tourist home or house, motel, studio hotel, bachelor hotel, lodging house,rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. e) The assessment shall be based on two percent (2%) of gross room rent. f) New hotels shall not be exempt from assessment. Upon motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of , 2011 Mayor Jan Marx ATTEST: Elaina Cano, City Clerk APPRO S TO FO Stine Dietrick, City tto PH2-19 3 '11111111111111111ill11111iiiiiiiijIlIlII council memoizanbum city oF_san Luis_osisPo, aOmirnstRation 0epaRtment DATE: October 18, 2011 TO: City Council RED FILE VIA: Katie Lichtig, City Manage _- MEETING AGENDA FROM: Michael Codron, Assistant City Lager - Prepared by: Brigitte Elke, Principal Administrative Analyst DATEI�ITEM # PH ;_ SUBJECT: Public Hearing 2- October 18, 2011 Annual Public Hearing for the Tourism Business Improvement District In response to a request by Council Member Ashbaugh, please find below the Transient Occupancy Tax information for fiscal year 2010-11. We have also added the original revenue assumption and the mid-year adjustment. Transient Occupancy Receipts by Month Month 2009-10 2010-11 Increase in$ Increase in% July $ 508,195 $ 541,806 $ 33,610 6.6% August $ 511,564 _ $ 542,194 $ 30,630 6.0% September $ 400,023 $ 437,543 $ 37,520 9.4% October $ 414,870 $ 442,586 $ 27,716 6.7% November $ 280,913 $ 330,924 $ 50,010 17.8% December $ 246,684 $ 274,417 $27,733 11.2% January $ 230,279 $ 256,351 $ 26,072 11.3% February $ 273,373 $ 362,246 $ 28,873 10.6% March $ 326,099 $ 333,783 $ 7,684 2.4% April $ 423,158 $ 451,133 $ 27,975 6.6% May $ 373,997 $ 433,874 $ 60,877 16.3% June $ 490,326 $ 512,542 $22,216 1 4.5% Year total $4,478,482 $4,859,398* $380,916 1 8.5% 'Gross Receipts(does not account for credit card fees and other relevant fees to TOT collection. Original TOT Revenue Assumption for 2010-11 based on 2% growth: $4,295,800 Mid-Year Revision to: $4,770,000 hard C0 ° ffkMs0' o COUNCIL a CDD DIM, Audited TOT Revenue 10/11: $4,844,200 a CITY MGR a FIT UM a ASST CM a FIRE CHIEF a ATTORNEY a PW DIR Increase over original: 12.77% aCL 0R1G o POLICEPARKSCHIEF C DM Increase over mid-year: 1.56% a TRIBUNE a UTILDIR a NEW TBIES a HR Diff o SLOCITY NEM aCOUNCIL a CITY MGR Growth Assumptions for 2011-13: 4% 6 cLEsic G:UraffLFl"ed FilesQ0lI TBID Public Hewing-TOT Re nues.dcc