HomeMy WebLinkAbout2012-11-27; City Council; CS-194; Establishing CGLBID Boundaries Assessment Advisory Board...1
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ORDINANCE NO. CS-194
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ENACTING CHAPTER
3.38 OF THE CARLSBAD MUNICIPAL CODE
ESTABLISHING THE CARLSBAD GOLF LODGING
BUSINESS IMPROVEMENT DISTRICT (CGLBID),
FIXING THE BOUNDARIES THEREOF, PROVIDING
FOR THE LEVY OF A BUSINESS ASSESSMENT TO
BE PAID BY HOTEL BUSINESSES IN SUCH DISTRICT
AND ESTABLISHING AN ADVISORY BOARD
The City Council ofthe City of Carlsbad ordains as follows:
SECTION I: That Title 3 of the Carlsbad Municipal Code Is hereby
amended by the addition of Chapter 3.38 that shall be known as the Carlsbad Golf
Lodging Business Improvement District Ordinance of the City of Carlsbad to read as
follows:
CHAPTER 3.38
CARLSBAD GOLF LODGING
BUSINESS IMPROVEMENT DISTRICT
Sections:
3.38.010- Definitions.
3.38.020 - Procedure and Findings.
3.38.030 - Establishing the Carlsbad Golf Lodging Business
Improvement District.
3.38.040 - Boundaries.
3.38.050 - Lew and Collection of Assessments.
3.38.055 - Refund of Assessments
3.38.060 - Ordering the Collection of Assessments.
3.38.070 - Use of Proceeds from Assessments.
3.38.080 - Penaltv for Nonpayment of Assessment.
3.38.090 - Assessments to be Used Within the District.
3.38.100 - Advisorv Board.
3.38.110-Severabiiitv.
3.38.010 - Definitions.
"Hotel" shall have the meaning defined In Section 3.12.020(1) of the Carlsbad
Municipal Code.
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3.38.020 - Procedure and findings.
This chapter Is made and enacted pursuant to the provisions of the Parking and
Business Improvement Area Law of 1989 (Sections 36600, et. seq., ofthe Streets
and Highways Code) (the "law").
(a) On September 11, 2012, the City Council of the City of Carlsbad adopted
Resolution No. 2012-221 entitled, "A Resolution of Intention ofthe City Council of
the City of Carlsbad, California, Declaring the Intention ofthe City Council to
Establish the Carlsbad Golf Lodging Business Improvement District (CTBID),
Fixing the Time and Place of a Public Meeting and Public Hearing Thereon and
Giving Notice Thereof"
(b) Said Resolution No. 2012-221 was published and copies thereof were duly
mailed and posted, all as provided by said law and said Resolution No. 2012-221.
(c) Pursuant to said Resolution No. 2012-221, a public meeting concerning the
formation of said district was held before the City Council of the City of Carlsbad
on September 25, 2012 at six p.m. in the Council Chambers ofthe City Hall ofthe
City of Carlsbad.
(d) Pursuant to said Resolution No. 2012-221, a public hearing concerning the
formation of said district was held before the City Council of the City of Carlsbad
on November 6, 2012 at six p.m. in the Council Chambers ofthe City Hall ofthe
City of Carlsbad.
(e) All written and oral protests made or filed were duly heard; evidence for and
against the proposed action was received; a full, fair and complete hearing was
granted and held.
(f) The City Council determined that there was no majority protest within the
meaning of Section 36525 of the law.
(g) Following such hearing, the City Council hereby finds that the Carlsbad
hotels opting In to the district, in the opinion of the City Council, will be benefited
by the expenditures of funds raised by the assessment or charges proposed to be
levied hereunder.
3.38.030 - Establishing the Carlsbad Golf Lodging Business Improvement
District.
Pursuant to said law, the Carlsbad Golf Lodging Business Improvement District
(CGLBID) Is hereby established in the City of Carlsbad as herein set forth and
hotel businesses that elect to be part of the district established by this chapter
shall be subject to any amendments made hereafter to said law or to other
applicable laws. The initial members ofthe advisory board shall be set forth In a
separate resolution adopted by the City Council.
3.38.040 - Boundaries.
The boundaries ofthe CGLBID shall be the boundaries ofthe City of Carlsbad as
shown on the attached map labeled Exhibit A and found on file in the City clerk's
office.
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3.38.050 - Lew and Collection of Assessments.
The CGLBID members will Include all lodging businesses within the City of
Carlsbad that have elected to be part of the district. Businesses may elect to
participate In the district by submitting a written letter to the City requesting
inclusion no later than May 1 for the following fiscal year. Once a lodging business
has submitted a signed request to be included, the assessment shall be
mandatory. Participating businesses will be listed in the annual report submitted
to the City. The assessment shall be levied on these hotel businesses that have
elected to be part of the district for that fiscal year, within the City of Carlsbad
based upon a flat fee of two dollars per occupied room per night for all transient
occupancies as defined in Section 3.12.020(7) ofthe Carlsbad Municipal Code.
The amount of the assessment shall be separately stated from the amount of the
rent and other taxes charged, and each transient shall receive a receipt for
payment from the operator. The assessment will be collected monthly, based on
two dollars per occupied room per night In revenues for the previous month. New
hotel businesses within the boundaries ofthe district opening during the term of
the district will receive notice of the opportunity to be Included at least 30 days
prior to the annual hearing. Assessments pursuant to the CGLBID shall not be
included in gross room rental revenue for purpose of determining the amount of
the transient occupancy tax. No assessment shall be Imposed upon occupancies
of any federal or state of California officer or employee when on official business
nor on occupancies of any officer or employee of a foreign government who is
exempt by reason of express provision of federal law or international treaty.
3.38.055 - Refund of Assessments.
(a) When not otherwise prohibited by law, the CGLBID Advisory Board may
authorize a refund In any amount for assessment monies that were erroneously
paid to or collected by, but not actually due to the CTBID at the time the funds
were received, such as overpayments or duplicate payments.
(b) A written request for refund, signed by the person paying the fee shall be
filed with the City of Carlsbad Finance Director (Finance Director) setting forth the
facts and reasons which justify the request.
(c) The Finance Director shall Investigate the request and forward the request
and his/her recommendation to the CGLBID Advisory Board.
(d) The CGLBID Advisory Board shall make written findings that supports the
authorization for refund and shall send to the City of Carlsbad City Manager
regular reports of assessments refunds exceeding ten thousand dollars.
(e) Upon receipt of proper authorization, the Finance Director shall make the
assessment refund.
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(f) All requests for refund of assessments fees paid in error shall be made
within one (1) year ofthe date In which the assessment payment made in error
was posted to the CGLBID account.
3.38.060 • Ordering the coilection of assessments.
The City Council hereby levies and Imposes and orders the collection of an
additional assessment to be imposed upon persons occupying hotel business
premises in the proposed district described above, which shall be calculated
pursuant to Section 3.38.050 above. Such levy shall begin on January 1, 2013.
3.38.070 - Use of proceeds from assessments.
The proceeds of the additional hotel business assessment shall be used to
promote golf-related tourism within the boundaries ofthe CGLBID, as well as
marketing related capital improvements such as golf-related signage, golf related
equipment and to pay for related administrative costs. Funds remaining at the end
of any CGLBID term may be used in subsequent years in which CGLBID
assessments are levied as long as they are used consistent with the requirements
of this section. The City Council ofthe City ofCarlsbad shall consider
recommendations as to the use of said revenue made by the advisory board
created by Section 3.38.100 of this chapter.
3.38.080 - Penaltv for nonpayment of assessment.
Any hotel business that fails to remit any assessment Imposed by this chapter
within the time required shall pay a penalty of ten percent of the amount of the
assessment In addition to the amount ofthe assessment. Any hotel business that
falls to remit any delinquent remittance on or before a period of thirty days
following the date on which the remittance first became delinquent shall pay a
second delinquency penalty of ten percent of the amount of the assessment and
the ten-percent penalty first Imposed. In addition to the penalties Imposed, any
hotel business that fails to remit any assessment Imposed by this chapter shall pay
Interest at the rate of one and one-half percent per month or fraction thereof on the
amount of the assessment, exclusive of penalties, from the date on which the
remittance first became delinquent until paid.
3.38.090 - Assessments to be used within the district.
The Improvements and activities to be provided In the CGLBID will be funded by
the levy of the assessments. The revenue from the levy of assessments within the
CTBID shall not be used to provide improvements or activities outside the CGLBID
or for any purpose other than the purposes specified in the resolution of Intention.
3.38.100 - Advisorv board.
The advisory board for the district is hereby created pursuant to Secfion 36530 of
the law. The Initial members and the powers and duties ofthe advisory board shall
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be set forth In a separate resolution adopted by the City Council. It shall be the
purpose of the advisory board to make recommendations to the City Council on
expenditures for the programs and activities ofthe CGLBID, to make
recommendations for Its annual budget to be approved by the City Council, and to
provide end-of-year financial reports ofthe CGLBID operations as required by the
City Council. The city attorney shall serve as the general counsel ofthe advisory
board.
3.38.110 - Severabiiitv.
If any section, subsection, sentence, clause or phrase of this chapter 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 ofthe remaining
portions of the chapter. The City Council hereby declares that it would have
passed this chapter 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.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after
Its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
to be published at least once In a newspaper of general circulation in the City of
Carlsbad within fifteen days after Its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 6^11 day of November. 2012, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 27thday of November, 2012, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attomey
MATT HALL, Mayor
ATTEST:
OOE^ity Clerk
Karen R. Kundtz, J^ai^/;ant City Clerk
EXHIBIT A
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CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NO. CS-194
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is
published and a certified copy of the full text is posted in the Office of the City
Clerk at least five days prior to the Council Meeting at which the Ordinance is
adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the
Ordinance, and a certified copy of the Ordinance be posted in the Office of the
City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government
Code, I do hereby certify as follows:
1.) That the adoption of Ordinance No. CS-194 is to be considered
at the City Council Meeting to be held on the 27th day of
November, 2012.
2.) That a certified copy of the full text of Ordinance No. CS-194 was
posted in the City Clerk's Office on the 20th day of November, 2012.
3.) That a summary of the Ordinance was published in the North
County Times, on the 20th day of November, 2012.
DONNA HERATY
DEPUTY CITY CLERK
Dated: 20th November, 2012.
(Seal)
DONNA HERATY, Deputy Clerk
Dated: December 7, 2012.
(Seal)
\_SBAD ....... „ t
„
Certification of Posting and Publication of Ordinance No. CS-194
Page 2
4.) That Ordinance No.CS-194 was adopted on the 27th day of
November, 2012.
5.) That a certified copy of the full text of Ordinance No. CS-194
showing the names of those who voted in favor and against the
Ordinance was posted in the City Clerk's Office on the 7th
day of December, 2012.
6.) That a summary of the Ordinance, showing the names of those who voted
in favor of and against the Ordinance was published in the Coast News on
the 7th day of December, 2012,