HomeMy WebLinkAbout2020-07-14; City Council; Resolution 2020-134EXHIBIT 1
RESOLUTION NO. 2020-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DECLARING ITS INTENTION TO MODIFY THE ASSESSMENT
RATE FOR THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT,
FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND PUBLIC HEARING
ON THE MODIFICATION, AND GIVING NOTICE OF THE PUBLIC MEETING AND
PUBLIC HEARING
WHEREAS, pursuant to the Parking and Business Improvement Area Law of 1989 (California
Streets and Highway Code § 36500 et seq.) (the "89 Law"), the City Council has established the Carlsbad
Tourism Business Improvement District ("District"); and
WHEREAS, the 89 Law authorizes the District's advisory board at any time to recommend the
City Council modify the basis and method of levying the assessment rate of the District; and
WHEREAS, the District's advisory board submitted a written recommendation that the City
Council modify the District assessment rate from $1 per occupied room night for all transient
occupancies to 2% of gross short-term room rental for all transient occupancies; and
WHEREAS, the 89 Law establishes the procedure to modify the assessment rate which includes
adopting a Resolution of Intention, providing notice to affected business owners, holding a public
meeting, holding a public hearing, and adopting an ordinance modifying the assessment rate.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. The above recitations are true and correct.
2. The City Council declares its intention to modify the District assessment rate from $1
per occupied-room per night for all transient occupancies to 2% of gross short-term
room rental revenue for all transient occupancies.
3. As with the current assessment, the modified assessment would be levied on all hotel
businesses, existing and in the future, within the District boundaries.
4. The District boundaries continue to be consistent with the boundaries of the City of
Carlsbad.
5. The modified assessment rate would go into effect on November 1, 2020.
6. The improvements and activities proposed for the District that shall be funded by the
levy of assessments on businesses within the District boundaries include:
a. General promotion of business activities within the District;
b. Promotion of public events which benefit businesses in the District and which take
place on or in public places within the District;
c. Decoration of any public place within the District; and
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EXHIBIT 1
d. Acquisition, construction, installation or maintenance of improvements identified in
Section 36510 of the 89 Law.
7. Funds remaining at the end of any District term may be used in subsequent years in
which the District assessments are levied as long as they are used consistent with the
requirements of Carlsbad Municipal Code Section 3.27.070.
8. The CTBID Advisory Board will continue to serve as the advisory board of the District.
9. The District advisory board shall submit an annual report, which shall include a budget
for operations and activities to be undertaken by the District for the ensuing calendar
year, to the City Council pursuant to Section 36533 of the 89 Law.
10. The time and place for a public meeting for comments on the modification of the District
assessment rate is set for 3 p.m. on Aug. 25, 2020 at City Hall, 1200 Carlsbad Village
Drive, Carlsbad, CA 92008.
11. The time and place for the public hearing on the modification of the District assessment
rate is set for 3 p.m. on Sept. 1, 2020 at City Hall, 1200 Carlsbad Village Drive, Carlsbad,
CA 92008.
12. At the public meeting and public hearing, the testimony of all interested persons for or
against modifying the District will be heard.
13. A protest against modifying the District, as provided in Section 36524 of the 89 Law,
must be made in writing. A written protest may be withdrawn, in writing, at any time
before the conclusion of the public hearing. Each written protest shall contain a
description of the business in which the person signing the protest is interested,
sufficient to identify the business and its address. If the person signing the protest is
not shown on the official records of the City of Carlsbad 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 business, or the authorized representative. Any protest as to the
regularity or evidence of the proceedings shall be in writing and clearly state the
irregularity or defect to which objection is made. Written protests must be received by
the City Clerk's Office before the close of the public hearing, and may be delivered to
the City Clerk Office at 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
14. If, at the conclusion of the public hearing, there are of record written protests by the
owners of businesses within the District that will collectively pay 50% or more of the
proposed modified District assessment rate, no further proceedings to modify the
assessment rate shall occur for a period of one year from the date of the finding of a
majority protest.
15. Further information regarding the proposed modified District assessment rate may be
obtained from the City Clerk, at 1200 Carlsbad Village Drive, Carlsbad, CA 92008 or by
contacting Cheryl Gerhardt, staff for the Carlsbad Tourism Business Improvement
District, at (760) 602-2468.
July 14, 2020 Item #2 Page 4 of 8
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
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EXHIBIT 1
16. The City Clerk is instructed to provide notice of the public meeting and public hearing
by mailing notice and a complete copy of this Resolution of Intention to each and every
business owner in the District on or before July 17, 2020.
PASSED, APPROVED AND ADOPTED at a Meeting of the City Council of the City of Carlsbad on
the 14th day of July 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
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