Report Prepared by: Amanda Williams, Economic Development Associate
Title
SUBJECT: Public Hearing and Adoption of a Resolution to Consider Public Input Regarding the Establishment and Levying of an Assessment for the Formation of a Tourism Based Improvement District (TBID) as Authorized in Merced City Council Resolution 2024-92
REPORT IN BRIEF
The Council is being asked to hold a public hearing for public input regarding the establishment and levying of an assessment to create a Tourism Businesses Improvement District (TBID) as contained in Merced City Council Resolution 2024-92.
RECOMMENDATION:
City Council - Adopt a motion:
A. Adopting Resolution 2024-112, a Resolution of the City Council of the City of Merced, California, Declaring Results of the Majority Protest Proceedings and Establishing the Tourism Business Improvement District; and,
B. Adopting and approving the Merced Tourism Business Improvement District Management Plan; and,
C. Approving the Assessment for the Merced Tourism Business Improvement District; and,
D. Authorizing the City Manager to execute necessary documents; and,
E. Approving the creation of Fund 4951-TBID and allowing the Finance Officer to make the necessary increases to revenue and expense budget for Fiscal Year 2024-25 TBID Assessments.
Body
ALTERNATIVES
1. Approve Resolution 2024-112 as recommended by Staff and Steering Committee; or,
2. Approve Resolution 2024-112 subject to modification as motioned by the City Council; or,
3. Refer to staff for reconsideration of Resolution 2024-112 as requested by the City
Council; or,
4. Defer action until a specific date; or,
5. Deny
AUTHORITY
Charter of the City of Merced, Section 200; Property and Business Improvement District Law of 1994; Sections 36600, et seq., to the California Streets and Highways Code.
CITY COUNCIL PRIORITIES
City Goals & Priorities FY 24-25, Economic Development 7-2; Continue coordinating efforts to create a Tourism Based Improvement District with key partners.
DISCUSSION
The City Council held a public meeting on November 4, 2024, allowing for the public to provide input regarding levying assessments and forming a Tourism Business Improvement District (TBID.) and set the public hearing for December 2, 2024. There were no comments opposing the TBID formation during the November 4, 2024 meeting. Staff and the TBID Steering Committee are asking Council to conduct the public hearing and allow for public comment regarding the formation of the TBID. Should testimony opposing the formation be less than 50% of the total assessed value, staff and Steering Committee are recommending the City Council adopt the Resolution approving the formation and establishment of the TBID (Attachment 1.)
On October 7, 2024, the City Council adopted Resolution 2024-92, “A Resolution of Intention to Establish a Tourism Business Improvement District” (Attachment 2.) The Resolution authorized the scheduling of a Public Meeting for November 4, 2024, for public comment, and scheduling a Public Hearing for December 2, 2024.
The action currently at hand is to hold a public hearing regarding the establishment and levying of an assessment for the formation of a Tourism Based Improvement District (TBID.) The public will have an opportunity to provide remarks regarding the formation and establishment of the proposed TBID. If at the conclusion of the public hearing, there holds a record of written protests by the owners of the lodging businesses within the TBID that will pay more than fifty percent (50%) of the estimated total TBID assessment, no further proceedings to establish the TBID shall occur for a period of one (1) year. The public hearing was properly noticed. Along with the approved resolution of intent and the scheduling of a public meeting prior to the hearing, letters were also sent out on October 16th, 2024, to all local hoteliers notifying them of the upcoming hearing.
What is a TBID?
A TBID is a mechanism for funding tourism and destination activities designed to increase revenues for the assessed businesses.
The City of Merced Tourism Business Improvement District (“TBID”) is being developed by interested lodging businesses in efforts of vitalizing the hospitality industry, increasing overnight stays, and promoting these properties as destinations for tourism, events, and commerce. Merced is often referred to as “The Gateway to Yosemite”, and the local lodging industry would like to increase its prominence and capture the tourists that not only come to visit Yosemite but also the growing regional agricultural industry, festivals, events, and UC Merced programs. Through the TBID, both day visitors and overnight visitors contribute to Merced’s vitality through purchases at activity providers, restaurants, and retailers.
Petition to Form a TBID
In August 2024, petitions to form the TBID were sent out to the hoteliers within city limits, where 62.20% of the petitions were returned in support of establishing the district.
Authority to Form a TBID
The proposed Merced Tourism Business Improvement District (TBID) is subject to establishment pursuant to the California Government Code Section more commonly known as the “Property and Business Improvement District Law of 1994” and is a flexible financing tool for creating private-sector, self-governed management district. The proposed TBID will provide funding for security, marketing, sales, promotions, and management of the district once formed.
Summary Management District Plan
Pursuant to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code § 36600 et seq.) (the “Law”), the TBID is proposed to be formed for an initial 5-year term. The TBID Management District Plan describes how funding tourism marketing, sales, promotion, and security will improve and convey special benefits to assessed lodging businesses located in the City of Merced. Each of the services is designed to meet the goals of the district; to improve occupancy and room night sales (Attachment 3.)
Location: The TBID will include all transient occupancy lodging businesses within the city limits of Merced. In total these properties represent approximately 1,115 rooms. As new properties come online, they too will be included in the TBID. It is not the intent of the TBID to include short-term vacation rentals.
Method of Financing: The TBID budget will be funded by collecting 2% of each assessed lodging properties’ gross short-term room rental revenue.
Collection: The City of Merced will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties, and interest) from each lodging business located within the TBID boundary. The TBID will pay the City of Merced $500 quarterly to collect the TBID assessments.
Initial TBID Budget: It is anticipated that the Merced TBID will generate $450,000 annually and the proposed first year annual budget is outlined below.
|
Expenditures |
Amount |
% of Budget |
|
Marketing/Sales/Promotion |
$315,000 |
70.0% |
|
Security |
$60,000 |
13.3% |
|
Management/Operations |
$75,000 |
16.7% |
|
Total Expenditures |
$450,000 |
100.00% |
Requested Actions
Staff is requesting the City Council take the following actions:
Conduct the public hearing allowing for public input. Should public comment opposing the formation of the TBID be less than 50% of the assessment, then Council is being asked to approve the Resolution approving the formation of the TBID. Furthermore, staff is asking Council to approve the TBID Management Plan and assessment.
IMPACT ON CITY RESOURCES
No impact on city resources the assessment will be a pass through. The City will collect the TBID assessment and forward it to TBID Board.
Recommendation E will require an affirmative of 5 votes.
ATTACHMENTS
1. TBID Formation Resolution 2024-112
2. TBID Resolution of Intention 2024-92
2. TBID Management Plan
3. TBID Petitions