HomeMy WebLinkAbout2025-04-22; City Council; Resolution 2025-084Exhibit 1 RESOLUTION NO. 2025-084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DECLARING ITS INTENTION TO REPEAL CARLSBAD MUNICIPAL
CODE CHAPTER 3.37 AND DISESTABLISH THE CARLSBAD TOURISM BUSINESS
IMPROVEMENT DISTRICT ESTABLISHED IN 2005 AND FIXING THE TIME AND
PLACE OF A PUBLIC HEARING
WHEREAS, on Nov. 15, 2005, the City Council of the City of Carlsbad approved Ordinance No.
NS-778 enacting Chapter 3.37 of the Carlsbad Municipal Code establishing the Carlsbad Tourism
Business Improvement District (“Old CTBID”) under the Parking and Business Improvement Area Law
of 1989 (California Streets and Highways Code Section 36500 et seq.); and
WHEREAS, the City Council formed a new Carlsbad Tourism Business Improvement District on
April 18, 2023 (“New CTBID”) under the Property and Business Improvement District Law of 1994
(California Streets and Highways Code Section 36600 et seq.) (“94 Law”) as effectuated in City Council
Resolution No. 2023-118; and
WHEREAS, the New CTBID will continue to promote tourism and visitor services with Visit
Carlsbad as the contracted Owners’ Association as defined under the 94 Law; and
WHEREAS, as a result of the New CTBID’s establishment, the Old CTBID has wound down
operations and exhausted its remaining funds as of November 13, 2024; and
WHEREAS, as a result of disestablishing the Old CTBID, Chapter 3.37 of the Carlsbad Municipal
Code will become obsolete; and
WHEREAS, the City Council has the authority to disestablish the Old CTBID under California
Streets and Highways Code Section 36550.
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 proposed action to adopt a resolution declaring an intention to repeal Carlsbad
Municipal Code Chapter 3.37 and disestablish the Carlsbad Tourism Business
Improvement District established in 2005 and fixing the time and place of a public
hearing is exempt from environmental review under CEQA Guidelines Sections
15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility
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the proposed action may have a significant effect on the environment. That the City
Council declares its intention to disestablish the Old CTBID.
3.That there are no remaining assets to dispose of acquired with the revenues of the
assessments levied and collected for the Old CTBID’s projects, programs, activities, and
administration.
4.That the time and place for the public hearing to hear testimony on disestablishing the
Old CTBID is set for May 20, 2025, at 5:00 p.m., or as soon thereafter as the matter can
be heard, at Carlsbad City Hall, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
5.That the City Council declares its intention to introduce an ordinance repealing Carlsbad
Municipal Code Chapter 3.37 contemporaneously with the disestablishment of the Old
CTBID.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 22nd day of April, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS:
ABSTAIN:
ABSENT:
None.
None.
None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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