HomeMy WebLinkAbout2013-01-30; Carlsbad Golf Lodging Business Improvement District; 01-13-02; Presentation Staff ReportCARLSBAD GOLF LODGING
BUSINESS IMPROVEMENT DISTRICT
AGENDA BILL
AB# 01-13-02
PRESENTATION FROM STAFF
REGARDING THE CGLBID STAFF CH-
MTG. 01-30-13 CARLSBAD GOLF LODGING
BUSINESS
IMPROVEMENT DISTRICT (CGLBID)
GENERAL
COUNSEL
CARLSBAD GOLF LODGING
BUSINESS
IMPROVEMENT DISTRICT (CGLBID) /
RECOMMENDED ACTION:
Accept the report from staff. If necessary, provide direction to staff to return with additional
information.
ITEM EXPLANATION:
At its November 27, 2012 meeting, the Carlsbad City Council adopted Ordinance No.CS-194
forming the Carlsbad Golf Lodging Business Improvement District (CGLBID). This action was
the culmination of many months of effort by the hotels and the City Council focused on the
creation of a funding source to market golf related overnight stays in Carlsbad.
The CGLBID is a voluntary district. Hotel (as that term is defined in Carlsbad Municipal Code §
3.12.020(1)) members (Hotel Member) that opt in would be assessed $2.00 per occupied room
night to be paid to the city monthly through the current Transient Occupancy Tax collection
process. The assessment would be passed through to the Hotel Member's guest as opposed
to being paid directly from the Hotel Member's operating revenues. Each assessed Hotel
Member would determine how to spend the funds collected by their respective property
provided the expenditures are for an approved golf related expense. Reimbursement of these
expenses would be made quarterly upon approval from the CGLBID Board up to the amount
collected per said property minus administrative fees.
For the 2012-13 fiscal year three hotels have chosen to participate in the CGLBID; the
Sheraton Carlsbad, the Grand Pacific Palisades and the Park Hyatt Aviara. These hotels make
up about 669 rooms in Carlsbad and based on past occupancy figures it is estimated that these
3 hotels would generate $330,000 in annual assessment revenue for the new district.
The Board members of the CGLBID appointed by the City Council on November 27, 2012
(Resolution 2012-260) include:
Tim Stripe, Grand Pacific Resorts
Gary Glaser, The Crossings at Carlsbad
Mark Stiebeling, Park Hyatt Aviara
Two year initial term through 11/2014
Four year initial term through 11/2016
Four year initial term through 11/2016
The City Attorney has been appointed by the City Council to act as legal counsel for the
CGLBID Board, and will provide additional information about the statues and how they govern
the actions of the Board. A memo from the City Attorney addressing the public nature of the
CGLBID Board, open meetings laws, conflict of interest rules, rules of procedure and the taking
of minutes is attached to this agenda bill.
The City Council's actions that formed the CGLBID appointed the City Manager, or his
representative, an ex-officio member of the CGLBID Board. The City Manager has delegated
this duty to the Deputy City Manager, Cynthia Haas. Ms. Haas will attend all CGLBID Board
meetings as a non-voting member of the board, and will be the Board's liaison with the City of
Carlsbad.
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
This action does not qualify as a project underthe California Environment Quality Act ("CEQA")
and will not have a physical adverse effect on the environment. (CEQA Regulation 15378(b).)
EXHIBITS:
1. Memo from City Attorney dated 1/22/13.
DEPARTMENT CONTACT: Cheryl Gerhardt, 760-602-2753, chervl.qerhardt @carlsbadca.aov
FOR CITY CLERKS USE ONL Y.
BOARD ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED •
EXHIBIT 1
January 22, 2012
TO: Carlsbad Golf Lodging Business Improvement District
Board of Directors
FROM: City Attorney/General Counsel
BOARD OF DIRECTORS MEETING 1/30/13
Welcome to your first meeting of the Carlsbad Golf Lodging Business Improvement District. Enclosed,
please find some information regarding your powers, duties and obligations as a member of the
Advisory Board. The Advisory Board has been appointed by the City Council to carry out the purposes of
the District as specified in the ordinance. You are a public body and your meetings are subject to the
Open Meeting Laws and other applicable laws governing the conduct of business of public bodies. That
requires that you determine a regular meeting schedule and notice your meetings at least 72 hours in
advance so the public may be informed and participate. You may have special meetings, in addition to
regular Board meetings, when necessary. I do not anticipate a need for any, but you can have closed
sessions based on the advice of the City Attorney. These must also be noticed and every item of
business must be briefly described. I recommend that you familiarize yourself with the publication
"Open & Public III" which has frequently asked questions about the Open Meeting laws and the text of
the Brown Act itself.
As a member ofthe Advisory Board, you are also subject to the Conflict of Interest rules, which basically
require that you recuse yourself from items that come before the Board in which you are financially
interested. This does not include your economic interests by virtue of your hotel ownership, control,
income or other economic association with your hotel. It does, however, require you to recuse yourself
when there are other economic conflicts. For example, you would not participate in the award of a
contract to a person or entity that was a source of income to you. There are many and detailed rules
associated with conflicts of interest which are set forth in two laws. The first law is known as the
"political Reform Act" and the second law is known as Government Code section 1090. I will be happy
to assist you in determining whether or not you have any conflicts under either of these laws.
Ultimately, the Attorney General, Fair Political Practices Commission or the courts determine the final
answers to some of these questions.
One of your primary responsibilities will be to approve reimbursements and recommend an annual
budget to the City Council. The reimbursements must benefit the District and be consistent with its
purposes and the purpose for which the assessments have been collected. This will require your finding
that such recommended expenditures further the purposes of promoting, golf related tourism and the
revenue and taxes associated with it.
You may establish your own rules of procedure. They are to be guided by the City Council's rules of
procedure. Your meetings should be conducted according to those rules which basically require actions
to be taken by the Advisory Board by motions and voting. All of your votes are public. One of you will
need to take minutes of your meetings or you may request the City to provide that service or hire your
1
EXHIBIT 1
own minute's clerk. The minutes of your meeting will be filed with the City Clerk and are open to public
inspection at any time.
Congratulations on your first meeting and I will be happy to assist you in the conduct of your business in
any way appropriate.
CELIA A. BREWER
City Attorney/General Counsel
Cg
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