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HomeMy WebLinkAbout2013-06-19 TBID Agenda PacketSPECIAL MEETING ADVISORY BOARD FOR THE ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT1 AGENDA Wednesday, June 19th, 2013 2:00 - 3:30 P.M. Atascadero City Hall, Conference Room #4 6907 El Camino Real Atascadero, California CALL TO ORDER: Oaths of Office of Board Members APPROVAL OF AGENDA: ROLL CALL: Advisory Board Members: Amar Sohi, Holiday Inn Express and Suites Jiten Patel, Best Western Plus Colony Inn Deana Alexander, The Carlton Hotel Bhikhu Patel, Rancho Tee Motel Sohem Bhakta, Super 8 Motel 1 On April 23rd, 2013, the Atascadero City Council Adopted Ordinance No. 568, adding Chapter 16 to Title 3 of the Atascadero Municipal Code, Establishing the Atascadero Tourism Business Improvement District. A. INFORMATIONAL ITEMS: 1. Introduction of Board Members and Staff PUBLIC COMMENT: (This portion of the meeting is reserved for persons wanting to address the Board on any matter not on this agenda and over which the Board has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Board may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Public Comment, unless changed by the Board.) A. BUSINESS ITEMS 1. Election of Chairperson and Vice Chairperson for the Atascadero Tourism Business Improvement District  Recommendation: Advisory Board elect one member to serve as Chairperson and elect one member to serve as Vice Chairperson for the TBID Advisory Board for the Atascadero Tourism Business Improvement District. 2. Consideration of a Resolution Establishing the Date, Time and Location for Meetings of the Atascadero Tourism Business Improvement District  Recommendation: Advisory Board adopt the Draft Resolution establishing the date, time and location for meetings of the Tourism Business Improvement District. 3. Consideration of a Resolution Adopting Bylaws of the Atascadero Tourism Business Improvement District  Recommendation: Advisory Board adopt the Draft Resolution of the Atascadero Tourism Business Improvement District adopting Bylaws for the Advisory Board. 4. Legal Requirements of Board and Board Members  Recommendation: Receive oral presentation. 5. Review of City Purchasing Policy  Recommendation: Receive oral presentation and a copy of the purchasing policy. 6. Review of Budget  Recommendations: Advisory Board: 1. Review annual budget and revenue projections; and, 2. Discuss direction of program implementation and work plan. C. BOARD MEMBER COMMENTS: D. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a Tourism Business Improvement District Meeting, please contact the City Clerk’s Office at (805) 470- 3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting. ITEM NUMBER: TBID B-1 DATE: 06/19/13 Atascadero Tourism Business Improvement District Advisory Board Election of Chairperson and Vice Chairperson for the Atascadero Tourism Business Improvement District Advisory Board RECOMMENDATION: Advisory Board elect one member to serve as Chairperson and elect one member to serve as Vice Chairperson for the Advisory Board for the Atascadero Tourism Business Improvement District. DISCUSSION: A Chairperson for the Advisory Board must be selected to preside over the Advisory Board’s meetings. A Vice Chairperson should also be selected to preside over the meeting when the Chair is unavailable. Staff recommends that one-year terms be adopted (specified in by-laws). Recommended Voting Procedures: All actions must be taken on a majority vote of the total membership of the Board. Given that the Advisory Board will have five (5) members, three (3) affirmative votes are needed to pass a motion. Given the lack of a Chairperson or Vice Chairperson, the City Staff person assigned to the Advisory Board will open and close nominations to the Advisory Board for the Chairperson. A vote will be taken and the Chairperson and Vice Chairperson will be elected. ITEM NUMBER: TBID B-2 DATE: 06/19/13 Atascadero Tourism Business Improvement District Advisory Board Consideration of a Resolution Establishing the Date, Time and Location for Meetings of the Atascadero Tourism Business Improvement District RECOMMENDATION: Advisory Board adopt the Draft Resolution establishing the date, time and location for meetings of the Advisory Board for the Tourism Business Improvement District. DISCUSSION: At the request of the lodging business owners in Atascadero, the Atascadero Tourism Business Improvement District was formed. On April 23rd, 2013, Atascadero City Council adopted Ordinance 568 establishing the Atascadero Tourism Business Improvement District. Ordinance 568 was written in accordance with the Parking and Business Improvement Law of 1989. The law requires that the Advisory Board meet no less than quarterly. Staff is recommending that the Advisory Board meetings be held on the fourth Wednesday of even numbered months, at 2:00 p.m., with special meetings scheduled as needed. The recommended meeting place is the City of Atascadero City Hall, Atascadero, CA. ATTACHMENTS: Draft Resolution ITEM NUMBER: TBID B-2 DATE: 06/19/13 DRAFT RESOLUTION A RESOLUTION OF THE ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT, ESTABLISHING THE DATE, TIME AND LOCATION OF ADVISORY BOARD MEETINGS WHEREAS, the Advisory Board for Tourism Business Improvement District (TBID) has met and conferred to determine a date, time and location for Advisory Board meetings. NOW THEREFORE, BE IT RESOLVED by the Advisory Board, as follows: SECTION 1. The Advisory Board meetings shall be on the fourth Wednesday of even numbered months, beginning August 28, 2013 at 2:00 p.m., and the meetings shall be open to the public. Meetings may be adjourned by the presiding officer if a quorum is not present. SECTION 2. The location of the Advisory Board meetings shall be at Atascadero City Hall, Atascadero, California. SECTION 3. Special meetings may be called by the Chairperson or by three (3) board members, and notice thereof shall be provided in accordance with the Brown Act. PASSED, APPROVED, AND ADOPTED at a special meeting of the Advisory Board for the Tourism Business Improvement District of Atascadero, held on this the 19th day of June, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Atascadero Tourism Business Improvement District Advisory Board __________________________________ , Chairperson ATTEST: _______________________________________ Audrey Banks, City Staff ITEM NUMBER: TBID B-3 DATE: 06/19/13 Atascadero Tourism Business Improvement District Advisory Board Consideration of a Resolution Adopting Bylaws of the Advisory Board for the Atascadero Tourism Business Improvement District RECOMMENDATION: Adopt the Draft Resolution of the Advisory Board for the Atascadero Tourism Business Improvement, adopting Bylaws for the Advisory Board. DISCUSSION: The lodging businesses in Atascadero collectively requested the establishment of the Atascadero Tourism Business Improvement District. On April 23rd, 2013, Atascadero City Council Adopted Ordinance 568. The ordinance established the Atascadero Tourism Business Improvement District, effective June 1st, 2013. The district will include all lodging businesses in Atascadero , and will collect a 2% assessment from all guests that stay at lodging businesses. An Advisory Board has been established to make recommendations to City Council on implementation of programs that will utilize the revenue to promote tourism and increase overnight stays in Atascadero. Bylaws will need to be adopted in order to facilitate the process of the meetings and establish the rules for the Advisory Board. Staff has prepared and attached to this report suggested Bylaws and Rules of Procedures for the Board’s consideration. ATTACHMENTS: Draft Resolution DRAFT RESOLUTION A RESOLUTION OF THE ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD ADOPTING BYLAWS WHEREAS, the Atascadero Tourism Business Improvement District Advisory Board (TBID Advisory Board) has been established to make recommendations to City Council for the promotion of tourism in Atascadero; and, WHEREAS, the TBID Advisory Board desires to adopt bylaws and regulations for the general operation of the TBID Advisory Board, including but not limited to the designation of officers and conduct of meetings. NOW, THEREFORE, the TBID Advisory Board does hereby resolve as follows: SECTION 1. The Bylaws of the TBID Advisory Board, a copy of which is attached hereto and incorporated herein as Exhibit “A”, are hereby approved. SECTION 2. The Chairperson shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a special meeting of the Atascadero Tourism Business Improvement District Advisory Board, held this 19th day of June, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Atascadero Tourism Business Improvement District Advisory Board __________________________________ , Chairperson ATTEST: _______________________________________ Audrey Banks, City Staff ITEM NUMBER: TBID –B3 DATE: 06/19/13 EXHIBIT A BYLAWS Of the Atascadero Tourism Business Improvement District Advisory Board BYLAWS OF THE ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD ARTICLE I – THE ADVISORY BOARD Section 1. Name. The official name of the Advisory Board shall be the “Atascadero Tourism Business Improvement District” (hereinafter referred to as the “TBID Advisory Board”). Section 2. Place of Meeting. The TBID Board shall hold its meetings at the Atascadero City Hall or such other location as may be designated from time to time by the Chairperson. ARTICLE II – OFFICERS Section 1. Officers. The officers of the Agency shall be a Chairperson and Vice Chairperson. Section 2. Chairperson. The Chairperson shall be elected by the Board Members at the first meeting. The Chairperson shall preside at all meetings of the TBID Advisory Board. The Chairperson shall be entitled to vote on all matters coming before the TBID Advisory Board. Section 3. Vice Chairperson. The Vice Chairperson shall be elected by the Board members at the first meeting. The Vice Chairperson shall perform the duties of the Chairman in the absence or incapacity of the Chairperson; and in the case of the resignation or death of the Chairperson; the Vice Chairperson shall perform such duties as are imposed on the Chairperson until such time as a new Chairperson is elected or appointed. ITEM NUMBER: TBID –B3 DATE: 06/19/13 Section 4. Additional Duties. The officers of the TBID Advisory Board shall perform such other duties and functions as may from time to time be required by the TBID, these Bylaws, rules or regulations of the TBID. Section 5. Election The Chairperson and Vice Chairperson shall initially be elected from among the members of the TBID Advisory Board at the Board’s first regular meeting. Thereafter, the Chairperson and Vice Chairperson shall be elected from among the members of the Board annually. The regular term of appointment for both officers shall be one (1) year. Officers of the TBID Advisory Board shall hold office until their successors are elected and in office. Any such officer shall not be prohibited from succeeding him or herself. Section 6. Removal of Officers. Upon an affirmative vote by a majority of the members of the TBID Advisory Board present at a regular or special meeting of the TBID Advisory Board at which a quorum is present, any officer may be removed from office, and a successor elected pursuant to Section 8 of this Article II. Section 7. Resignation. Any TBID Advisory Board member may resign at any time by giving written notice to the Chairperson, who shall forward such notice to the TBID Advisory Board. Any such resignation will take effect upon any date specified therein. The acceptance of such resignation shall not be necessary to make it effective. Section 8. Vacancies. Should the offices of Chairperson or Vice Chairperson become vacant, the Advisory Board shall select a successor from its membership at the regular meeting, and such election shall be for the period until a new Chairperson and/or Vice Chairperson are selected. In the event of a vacancy on the TBID Advisory Board, the City Council shall select an individual to fill such vacancy as soon as reasonably practical. ARTICLE III – MEETINGS Section 1. Regular Meetings. Regular meetings shall be held at the Atascadero City Hall unless otherwise specified on a bi-monthly schedule. Additional meetings may be held as deemed necessary for the purpose of transacting the business of the TBID Advisory Board. A regular meeting of the TBID Board may be adjourned to a time and place specified in the order of adjournment pursuant to the requirements of Government Code Section 54955. Section 2. Special Meetings. The Chairperson of the TBID Advisory Board may, when deemed expedient, call a special meeting of the Board for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered to each member of the Board or may be mailed to the business or home address of each member of the Board at least one day prior to the date of such special meeting. At such special meeting no business shall be considered other than as designed in the call. Section 3. Meetings to be Open and Public. All meetings of the TBID Advisory Board shall be open and public to the extent required by law. All persons shall be permitted to attend except as otherwise provided by law. ITEM NUMBER: TBID –B3 DATE: 06/19/13 Section 4. Quorum. The powers of the TBID Advisory Board shall be vested in the members thereof in office from time to time. A majority of current members shall constitute a quorum for the purpose of conducting business and exercising its powers and for all other purposes. Section 5 . Posting Agendas/Notices. The City Staff member assigned to the TBID Advisory Board, or his or her authorized representative, shall post an agenda for each regular TBID Advisory Board meeting or a notice for each special TBID Advisory Board meeting, containing a brief description of each item of business to be transacted or discussed at the meeting together with the time and location of the meeting. Agendas/Notices shall be posted on the City of Atascadero website at least seventy-two hours in advance of each regular meeting and at least twenty-four hours in advance of each special meeting. Section 6. Right of Public to Appear and Speak. At every regular meeting, members of the public shall have an opportunity to address the TBID Advisory Board on matters within the TBID Advisory Board subject matter jurisdiction. Public input and comment on matters on the agenda, as well as public input and comment on matters not otherwise on the agenda, shall be made during the time set aside for public input and comment; provided, however that the TBID Advisory Board may direct that public input and comment on matters on the agenda be heard with the matter regularly comes up on the agenda. The Chairperson may limit the total amount of time allocated for public discussion on particular issues and/or the time allocated for each individual speaker. Section 7. Non-Agenda Items. Matters brought before the TBID Advisory Board at a regular meeting which were not placed on the agenda of the meeting shall not be acted upon by the TBID Advisory Board at that meeting unless action on such matters is permissible pursuant to the Ralph M. Brown Act (Gov. code 54950 et seq.). Those non-agenda items brought before the TBID Advisory Board that the TBID Advisory Board determines will require TBID Advisory Board consideration and action and where TBID Advisory Board action at that meeting is not so authorized shall be placed on the agenda for a future meeting. Section 8. Quorum. The powers of the TBID Advisory Board shall be vested in the members therof in office. Three (3) of the five (5) members then in office shall constitute a quorum for the purpose of conducting the TBID Advisory Board’s business, exercising its powers and for all other purposes, but less than that number may adjourn the meeting until a quorum is obtained. An affirmative vote by a majority of the members of the TBID Advisory Board present at a regular or special meeting of the TBID Advisory Board at which a quorum is present shall be required for approval of any questions brought before the TBID Advisory Board. Section 9. Unexcused Absences. If a member shall be absent without the consent of the TBID Advisory Board from three (3) meetings, whether regular or special, within six (6) consecutive calendar moths, such absence shall result in the termination of the membership of the absenting member. A member’s absence shall be excused if, prior to the meeting from which the said member will be absent and the reasons therefore; provided, however, that a member shall be entitled to only two (2) excused absences within twelve (12) consecutive calendar months. At each meeting, after the roll has been called, the Chairperson shall report to the TBID ITEM NUMBER: TBID –B3 DATE: 06/19/13 Advisory Board the name of any member who has so notified him or her of his or her intent to be absent and the reason for such absence. Section 10. Order of Business. All business and matters before the TBID Advisory Board shall be transacted in conformance with the City Council’s established practice. Section 11. Minutes (Action). Action minutes of the TBID Advisory Board shall be prepared in writing by the City staff member assigned to the TBID Advisory Board. Copies of the action minutes of each TBID Advisory Board meeting shall be made available to each member of the TBID Advisory Board. Approved action minutes shall be filed in the official book of minutes of the TBID Advisory Board and forwarded to the City Council for information. Section 12. Reports to City Council. The TBID Advisory Board is responsible to prepare an annual work plan and subsequent annual report to City Council. Any additional projects that are not part of the work plan will need to be approved by City Council. ITEM NUMBER: TBID B-6 DATE: 06/19/13 Atascadero Tourism Business Improvement District Advisory Board Review of Budget for the Atascadero Tourism Business Improvement District Advisory Board RECOMMENDATIONS: Advisory Board: 1. Review annual budget and revenue projections; and, 2. Discuss direction of program implementation and work plan. DISCUSSION: The lodging businesses in Atascadero collectively requested the establishment of the Atascadero Tourism Business Improvement District. On April 23rd, 2013, Atascadero City Council Adopted Ordinance 568. The ordinance established the Atascadero Tourism Business Improvement District (TBID), effective June 1st, 2013. The district will include all lodging businesses in Atascadero, and will collect a 2% assessment from all guests that stay at lodging businesses. An Advisory Board has been established to make recommendations to City Council on the implementation of programs utilizing the revenue to promote tourism and increase overnight stays in Atascadero. There will be an annual budget available based on collected TBID revenues. The annual budget is a number that is approximated and will vary depending on the amount of revenue actually collected. Most years, the budget is based on 12 months of revenue. However, due to the Ordinance going into effect on June 1, the last month of the quarter, the revenue for fiscal year of July 2013-June 2014 will reflect 10 months. Exhibit A shows the schedule of projected revenue for fiscal year 2013-2014. Revenue will be available after the deadline for the date of collection. For example, the revenue from June 2013 is due by July 31st, 2013. Those funds will become available to the TBID Advisory Board in August 2013. The Advisory Board may not spend funds before they are collected. It is recommended that the Advisory Board build a reserve fund. A reserve fund will ensure that funds are not overspent, and to allow for additions or expansions to the work plan. Surplus or reserve funds that are collected and are not spent will carry over to the next fiscal year. ITEM NUMBER: TBID B-6 DATE: 06/19/13 It is also recommended that the Advisory Board discuss program implementation and the creation of a work plan. The work plan can also be called a marketing plan, and can be submitted to City Council annually for approval. If additional programs are planned during the year, they can also be submitted to Council on an individual basis. The Advisory Board will have options on how they would like to spend the funds to promote tourism. The Advisory Board may make a decision to conduct program implementation themselves, or to work with a hired contractor. One method in determining recommendations for the Atascadero TBID has been to consider what neighboring cities have done in implementing their funds. Other cities in San Luis Obispo County have used the majority, if not all of their revenue, for contract services. The contract services in those cities include, but are not limited to; creation of a marketing or work plan, and implementation of the plan and fulfillment of the required annual report. The Boards have flexibility in working with the contractors within those plans as projects progress. If the Advisory Board chooses to hire a contractor to implement all or part of their programs, they must follow the City’s purchasing policy. If the Advisory Board plans to hire a contractor that will provide a service over $10,000, the City’s purchasing policy requires that a minimum of three separate companies submit bids for review. Prior to having the bids submitted, the Advisory Board must decide to put out a Request for Proposal (RFP). Exhibit A The chart below reflects projected TBD revenue for 2013-2014 based on previous years of Transient Occupancy Tax (TOT). The amount may increase or decrease, depending on the actual revenue. Projected TBID Revenue 2013-2014 June 2013 Revenue, Due July 31st Q1 Revenue, Due October 31st Q2 Revenue, Due January 31st Q3 Revenue, Due May 1st Total Estimate for 2013-2014 Revenue $ 12,790.00 $ 24,200.00 $ 21,110.00 $ 36,220.00 $ 94,320.00 ATTACHMENTS: 1. Budget Description. Atascadero Tourism Business Improvement District (ATBID) Fund. 2. Summary of Revenues. Atascadero Tourism Business Improvement District (ATBID) Fund. FUNDTYPE235Special RevenueDESCRIPTIONACTIVITY DETAILOBJECT EXPENSE 2010-2011 2011-2012 2012-2013 2012-2013 2013-2014 2014-2015NUMBER CLASSIFICATION ACTUAL ACTUAL BUDGETED ESTIMATED REQUESTED REQUESTEDOPERATIONS6050000 Office Expense-$ -$ -$ -$ 2,000$ 2,000$ 6070000 Advertising- - - - 8,000 8,000 6500000 Contract Services- - - - 90,000 90,000 6900000 Administration- - - - 1,300 1,630 Total Operations - - - - 101,300 101,630 ACTIVITY TOTAL-$ -$ -$ -$ 101,300$ 101,630$ DETAIL BACKUPOBJECT EXPENSE2013-2014 2014-2015NUMBERCLASSIFICATIONDESCRIPTIONBASISAMOUNTAMOUNT6050000 Office ExpenseEstimated 2,000$ 2,000$ 6070000 AdvertisingEstimated 8,000 8,000 6500000 Contract ServicesEstimated 90,000 90,000 6900000 AdministrationEstimated 1,300 1,630 Administration of fundProfessional services including marketing, promotions, public relations; attendance at trade shows; event transportation of lodging guestsCopies, postage, general suppliesOTHER FUNDSAtascadero Tourism Business Improvement District (ATBID) FundThis fund accounts for the revenues and expenses associated with the ATBID. The City established the Atascadero Tourism Business Improvement District (ATBID) effective June 1, 2013 for the purpose of funding tourism promotion and increasing stays at the lodging businesses in Atascadero. A two percent (2%) assessment is placed on the nightly rent of all occupied rooms or spaces for all transient occupancies in Atascadero. Brochures, magazine, media and online advertisements, trade show materialsG-19 SUMMARY OF REVENUESAtascadero Tourism Business Improvement District (ATBID) FundFUNDSECTION235GACCOUNT REVENUE 2010-2011 2011-2012 2012-2013 2012-2013 2013-2014 2014-2015NUMBERDESCRIPTIONACTUALACTUALBUDGETEDPROJECTEDESTIMATEDESTIMATEDATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT (ATBID) FUND (235)Taxes and Assessments41530.6300 Transient Occupancy Assessments -$ -$ -$ 12,070$ 129,980$ 162,580$ Revenue from Use of Money46110.0000 Investment Earnings - - - - 170 510 Total ATBID Fund-$ -$ -$ 12,070$ 130,150$ 163,090$ D-48