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HomeMy WebLinkAbout2005-11-08; City Council; 18336; Carlsbad Tourism Business Improvement DistrictAB# 18,336 MTG. 11-08-05 DEPT. Econ Dev RECOMMENDED ACTION: TITLE: - Public Hearing on Formation of the Carlsbad Tourism Business Improvement District (CTBID) CITYATTY. CITY MGR I) Hold the public hearing on the formation of the Carlsbad Tourism Business Improvement District (CTBID). 2) After receiving comments from the public, call for written protests to be filed with the City Clerk. 3) If protests represent less than a majority of the proposed assessment, adopt Ordinance No. NS-778 forming the Carlsbad Tourism Business Improvement District. And, adopt Resolution No. 2005-332 appointing the members of the Carlsbad Tourism Business Improvement District Advisory Board 4) If protests represent a majority of the proposed assessment, no further action should be taken for one year. ITEM EXPLANATION: Bac knround: For nearly 50 years the City of Carlsbad has financially supported Community Promotion and Visitor Services, as a way to develop tourism and assist Carlsbad visitors. From 1957 until the mid 1980’s, the City of Carlsbad provided funding to the Carlsbad Chamber of Commerce, the entity tasked with promotion and visitor services at that time. Then in 1985, the Chamber of Commerce created a separate entity called the Carlsbad Convention and Visitor’s Bureau (CCVB). CCVB assumed the Chamber of Commercek responsibilities for promoting Tourism and Visitor Services in Carlsbad, and funding from the City of Carlsbad was transferred to the new CCVB. Today, the City of Carlsbad continues to fund tourism and visitor’s activities through its General Fund. In 2004-2005, the City funded both CCVB (approximately $409,000) and the San Diego North Convention and Visitor’s Bureau ($100,000) in the combined amount of $509,000. The City Council has held funding of CCVB to its current level for the past two years, but has continued to encourage CCVB to seek additional sources of funding as a way to enhance and expand their services. In early 2004 the CCVB approached the City with the idea of forming a Carlsbad Tourism Business Improvement District (CTBID) that could generate a greater level of funding for tourism promotion activities. The Parking and Business Improvement Area Law of 1989, Section 36500 et seq. of the Streets and Highway Code allows cities to establish parking and business improvement areas for the purpose of promoting tourism. In March 2005 CCVB made a presentation to the City Council and requested a $33,500 loan that would be used to fund development of a tourism marketing plan, and allow CCVB to hire a consulting firm (Downtown Resources) specializing in formation of tourism related Business Improvement Districts to assist them and the City with formation of a CTBID. Council approved CCVB’s request. CTBID Proposal: PAGE 2 The proposed CTBID would include all hotels within the city, and would impose a flat fee of $1 .OO per occupied room night for all transient occupancies. The levy would be imposed on all existing hotel businesses as well as any future hotel developments and would be collected monthly based on revenues generated the previous month. Timeshare units would be exempt from the levy, only when occupied by owners. All short-term, non-owner stays in timeshare units would be subject to the levy. The City would collect the assessment on the same form used for collection of Transient Occupancy Tax receipts and would receive an administrative fee of 2% of the gross revenues collected, as reimbursement for collection services. The CTBID annual assessment in year one is estimated at approximately $874,000. These funds would be used to promote tourism within the boundaries of the CTBID, pay for the administrative costs of the district, and to repay the $33,500 loan advanced to CCVB by the City of Carlsbad. On September 13, 2005, the City Council approved the Resolution of Intention (ROI), to declare their intention of establishing the Carlsbad Tourism Business Improvement District. On October 11 , 2005, the City Council held a public meeting at which staff provided an overview of the CTBID for the Council and public. Although no public comments were received at that meeting, representatives of the hotel industry, CCVB, and San Diego North were in attendance. Staff has continued to receive expressions of support for the formation of the CTBID from the hotel industry and CCVB. CTBID Formation Process: Public Hearing: On November 8, 2005, the City Council will hold a Public Hearing on the CTBID. The purpose of the Public Hearing is for the City Council to hear from all interested persons arguments for or against the establishment of the CTBID, the extent of the area for inclusion in the assessment, or the types of activities proposed for funding from the assessment. At the Public Hearing, the Council will hear and consider all protests against the establishment of the district. A protest against the establishment of the CTBID, the extent of the area, or the proposed activities must be in writing, and may only be accepted if the person signing is the business owner of record, or an authorized representative. If at the conclusion of the Public Hearing there are protests by the owners of businesses within the CTBID that will pay fifty percent (50%) or more of the total assessments of the entire CTBID, no further proceedings to create the CTBID shall occur for a period of one year from the date of the protest vote. If a majority of the written protests are related to a proposed activity of the CTBID, then that activity shall not be included in the CTBID. If protest votes are not in excess of 50%, then the City Council may create the CTBID. CTBID Advisory Board: The Parking and Business Improvement Area Law of 1989, requires an Advisory Board be appointed by the City Council. The Council may act as its own Advisory Board, appoint an existing board, or select other individuals to serve in that capacity. The CTBID Advisory Board advises the City Council on all issues related to the CTBID. The CTBID Advisory Board is required to submit an annual report, which would include any proposed changes in the boundaries, assessment formula, estimated cost of conducting a PAGE 3 activities, amount of surplus/deficit revenues to be carried over, contributions, and other items of interest to the CTBID for the upcoming year. The report may be approved as presented or amended by the City Council. Each year, following the approval of the report submitted by the Advisory Board, the City Council will adopt a resolution of intention to levy an annual assessment for the upcoming year. The City Council will then schedule and conduct a public hearing to set the annual assessment, take public comment, make modifications as necessary, and adopt a resolution confirming the report (with modifications as deemed necessary by the City Council and allowed by law), and levy the annual assessment. ENVIRONMENTAL REVIEW: The process leading to the potential formation of a Business Improvement District and the actual formation of the Business Improvement District is not a project within the meaning of the California Environmental Quality Act (CEQA). For CEQA purposes, a project does not include the creation of government funding mechanisms or other governmental fiscal activities that do not involve any commitments to specific projects that may result in potentially significant physical impact on the environment. No such specific projects are proposed and there is no known or foreseeable potentially significant physical impact on the environment. (CEQA Regulations, Regulation No. 15378(b)(4)). FISCAL IMPACT: The fiscal condition of the CTBID would depend upon the availability of revenues and the activities undertaken by the District. At present there are 35 hotels with approximately 3600 hotel rooms. While the City does not have access to the specific data on the number of occupied room-nights at each hotel throughout the year, we do know that Carlsbad hotels experience an occupancy rate of approximately 66%. This would equate to an estimated $874,000 in annual revenue each year based on $1.00 per occupied room night. If occupancy were higher, or if additional hotel rooms are added, the annual revenue figures could be higher. As proposed the CTBID would pay the City an administrative fee of 2% of the assessments collected for reimbursement of collection costs. If assessments in year one total $874,000, the administrative fee to the City would be $17,480. EXHIBITS: 1. Ordinance No. NS-778 Establishing the Carlsbad Tourism Business Improvement District (CTBID), 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 2. Resolution No. 2005-332 Appointing the members of the Carlsbad Tourism Business Improvement District Advisory Board DEPARTMENT CONTACT: Ron Ball, (760) 434-2891. email: rball@ci.carlsbad.ca.us, Jim Elliott, (760) 602-2408 email: jelli@ci.carlsbad.ca.us, and Cynthia Haas, (760) 602-2732 em ail: c haasaci. ca rls bad. ca. us 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 ORDINANCE NO. NS-778 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ENACTING CHAPTER 3.37 OF THE CARLSBAD MUNICIPAL CODE ESTABLISHING THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT (CTBID), 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 of the City of Carlsbad does ordain as follows: SECTION 1. That Title 3 of the Carlsbad Municipal Code is hereby amended by the addition of Chapter 3.37, that shall be known as the Carlsbad Tourism Business Improvement District Ordinance of the City of Carlsbad to read as follows: “CHAPTER 3.37 CARLSBAD TOURISM 6 U S I N ES S I M PROVE M E NT D I ST R I CT” 3.37.010 Definitions 3.37.020 Procedure And Findings 3.37.030 Establishing the Carlsbad Tourism and Business 3.37.040 Boundaries 3.37.050 Levy And Collection Of Assessments 3.37.060 Ordering The Collection Of Assessments 3.37.070 Use Of Proceeds From Assessments 3.37.080 Penalty For Non-Payment Of Assessment 3.37.090 Assessments To Be Used Within The District 3.37.100 Advisory Board 3.37.1 10 Severability Improvement District 3.37.010 DEFINITIONS. “Hotel” shall have the meaning defined in section 3.12.020(1) of the Carlsbad Municipal Code. 3.37.020 PROCEDURE AND FINDINGS This ordinance is made and enacted pursuant to the provisions of the Parking and Business Improvement Area Law of 1989 (Sections 36500, et. seq., of the 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Streets and Highways Code) (the "law"). (a) On September 13, 2005, the City Council of the City of Carlsbad adopted Resolution No. 2005-281 entitled, "A Resolution of Intention of the City Council of the City of Carlsbad, California, Declaring the Intention of the City Council to Establish the Carlsbad Tourism 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. 2005-281 was published and copies thereof were duly mailed and posted, all as provided by said law and said Resolution NO. 2005-281. (c) Pursuant to said Resolution No. 2005-281, a public meeting concerning the formation of said district was held before the City Council of the City of Carlsbad on October 11, 2005 at 6:OO p.m. in the Council Chambers of the City Hall of the City of Carlsbad. (d) Pursuant to said Resolution No. 2005-281, a public hearing concerning the formation of said district was held before the City Council of the City of Carlsbad on November 8, 2005 at 6:OO p.m. in the Council Chambers of the City Hall of the 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. (9 The City Council determined that there was no majority protest within the meaning of Section 36525 of the law. (9) That following such hearing, the City Council hereby finds that the hotel businesses lying within the district herein created, 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 /I/ //I 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3.37.030 ESTABLISHING THE CARLSBAD TOURISM AND BUSINESS IMPROVEMENT DISTRICT That pursuant to said law, the Carlsbad Tourism Business Improvement District (CTBID) is hereby established in the City of Carlsbad as herein set forth and that all hotel businesses in the district established by this ordinance shall be subject to any amendments made hereafter to said law or to other applicable laws. 3.37.040 BOU N DARl ES The boundaries of the CTBID shall be the boundaries of the City of Carlsbad as shown on the attached map (Exhibit A). 3.37.050 LEVY AND COLLECTION OF ASSESSMENTS The CTBID will include all hotel businesses located within the CTBID boundaries. The assessment shall be levied on all hotel businesses, existing and future, within the City of Carlsbad based upon a flat fee of $1 .OO per occupied room per night for all transient occupancies as defined in section 3.12.020(7) of the 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 $1.00 per occupied room per night in revenues for the previous month. New hotel businesses within the boundaries will not be exempt from the levy of assessment authorized by Section 36531. Assessments pursuant to the CTBID 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. Ill Ill Ill 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3.37.060 ORDERING THE COLLECTION 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 3.37.050 above. Such levy shall begin on January 1, 2006. 3.37.070 USE OF PROCEEDS FROM ASSESSMENTS That the proceeds of the additional hotel business assessment shall be spent to administer marketing and visitor programs to promote the City of Carlsbad as a tourism visitor destination and to fund projects, programs, and activities,including appropriate administrative charges, that benefit hotels within the boundaries of the district. Funds remaining at the end of any CTBID term may be used in subsequent years in which CTBID assessments are levied as long as they are used consistent with the requirements of this Section. The City Council of the City of Carlsbad shall consider recommendations as to the use of said revenue made by the Advisory Board created by Section 3.37.100 of this ordinance. 3.37.080 PENALTY FOR NON-PAYMENT OF ASSESSMENT Any hotel business that fails to remit any assessment imposed by this ordinance within the time required shall pay a penalty of 10% of the amount of the assessment in addition to the amount of the assessment. Any hotel business that fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of 10% of the amount of the assessment and the 10% penalty first imposed. In addition to the penalties imposed, any hotel business that fails to remit any assessment imposed by this ordinance shall pay interest at the rate of one and one-half of 1.5% 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. Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3.37.090 ASSESSMENTS TO BE USED WITHIN THE DISTRICT The improvements and activities to be provided in the CTBID 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 CTBID or for any purpose other than the purposes specified in the resolution of in ten tion. 3.37.100 ADVISORY BOARD The Advisory Board for the district is hereby appointed pursuant to Section 36530 of the law. The initial members and the powers and duties of the Advisory Board shall be set forth in a separate resolution adopted by 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 of the CTBID, to make recommendations for its annual budget to be approved by the City Council, and to provide end of year financial reports of the CTBlD operations as required by the City Council. The powers and duties of the Advisory board shall be specified by resolution of the City Council. The City Attorney shall serve as the general counsel of the Advisory Board. 3.37.1 IO SEVERABILITY If any section, subsection, sentence, clause or phrase of this ordinance 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 of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance 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.” EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to ‘i” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be published at least once in a publication 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 8th day of November2005, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the day of 2005, by the following vote, to City of Carlsbad on the wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) Ill Ill Ill Ill Ill Ill Ill Ill Ill It1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 2 RESOLUTION NO. 2005332 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPOINTING THE ADVISORY BOARD FOR THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, the City of Carlsbad adopted Ordinance No.NS-778 on November 15 2005 (date) establishing the Carlsbad Tourism Business Improvement District and establishing the power to levy assessments on hotels within the District as set forth in said Ordinance; and WHEREAS, it is the desire of the City Council to have the powers and duties set forth in the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code sections 36500 et seq.) making recommendations to the City Council for an annual budget, recommending funding of projects, programs and activities that benefit hotels within the boundaries of the District; and WHEREAS, the meetings of the Board shall be noticed, open and public and freely accessible to all members of the public as required by the Ralph M. Brown Act (Government Code sections 54950 et seq.); and WHEREAS, the Council wishes the membership of the committee to contain members representing the largest hotel businesses within the City on a permanent basis and to have other members representing other beneficiaries within the District on a rotating basis; and WHEREAS, members shall be public officials as defined in the Political Reform Act of 1974 and shall file statements of economic interest and be subject to its conflict of interest provisions except for the economic interest they are appointed to represent; and and provide legal advice as necessary and the City Manager or his representative or representatives shall be an ex-officio member of the Board but not possessing the power to vote; and WHEREAS, the City Attorney shall be the general counsel for the District WHEREAS, the Committee shall meet and select a chairperson and establish its own rules of procedure but shall be guided by the City Council’s rules of procedure as set forth in Carlsbad Municipal Code Chapter 1.20, IC) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, BE IT RESOLVED by the City Council of the City of Carlsbad as fo I lows: Section 1 : Section 2: That the above recitations are true and correct. That the City Council of the City of Carlsbad hereby appoints the following members to serve as the Advisory Board for the Carlsbad Tourism Business Improvement District pursuant to Section 36530 of the California Streets and Highways Code: ' 1. April Shute (La Costa) (No Term Limit) 2. Robert Cima (Four Seasons) (No Term Limit) 3. Timothy Stripe (Grand Pacific) (No Term Limit) 4. Ted Vallis (Olympic Resort) (2 Year Initial Term) 5. Barbara Howard-Jones Western) (2 Year Initial Term) (Best 6. Bill Canepa (Hilton Garden Inn) (4 Year Initial Term) 7. Francis Kauhaahaa (Holiday Inn) (4 Year Initial Term) Section 3: The members shall serve at the pleasure of the City Council. Three members shall be appointed from the largest hotels representing the largest economic assessments within the District. These appointees shall serve at the pleasure of the City Council. Four members of the Board shall be from other assessees within the District. Two members shall serve an initial term of two years, and two members shall an initial term of four years. Thereafter, the City Council shall appoint those members for four-year terms. Ill Ill Ill Ill \l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 8th day of November, 2005 by the following Vote, to Wit: AYES: Council Members Lewis, Hall, Kulchin, Packard NOES: None ABSENT: Council Member Sigafoose Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill ATTEST: Lorraine M. Wok!( City Clerk (SEAL) GRAND PAClFIC RESORTS ' CITY OF CARLSBAD ' NO, 892 P. 1 AGENDAITEM# 7 C: Mayor City Council City Manager City Attornq City Clerk Sent Via Fax November 7,2005 The Honorable Mayor Lewis Carlsbad City Council Members 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Mayor Lewis and Council Members, I was unoxpectedly calIed out of town this week and will be unable to attend Tuesday's Council meeting to speak in support of the Carlsbad Tourism BID, As you are aware, the formation of this proposed BID has been a long PrOGeSS. Our compaxy, Grand Pacific Resorts, owns or manages three lodging projects here in the City of Carlsbad. After a thorough evaluation, we feel that the BID will benefit our three properties, as well as all other lodging properties here in Carlsbad. Grand Pacific Resoi-ts supports the formation and urges the City Council to adopt the Carlsbad Tourism BID, Thank you for your consideration. Ve tmlyyours G& Timothy Stripe Co President Cc: Kurt Bwkhart SBOO PASTEUR COURT. Sum 200 + CANSeAa CA 92008 + mEPHONE 760-431-8500 + FACSIMLE 760431-4580 * www.grandpaciLcificmorw.com e*+es To: *~~AgeIldiiXt€d7 9 sw at= I cLw3xd QZ*j c\crrk ~~thefnfannationof~ .Gs,-.- cc EGEDVE ClTY UNCIL ORDER OF PROCEDURE CITY OF CARLSBAD ~4 1-7as&&ger C.tfi 1 CITY CLERKS OFFICE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT NO. DATE OF PUBLIC HEARING: NOVEMBER 8,2005 Mayor: to: “This is the time and place fixed for the public hearing related Establishing the Carlsbad Tourism Business Improvement District by adopting an Ordinance enacting Chapter 3.37 of the Carlsbad Municipal Code. If the District is established, it will raise funds to be used toward efforts to increase tourism in Carls bad. 0 0 A Resolution appointing the Advisory Board for the Carlsbad Tourism Business Improvement District. At this public hearing we will hear and consider all public testimony and direct the City Clerk to report on any written protests that have been received. I would now ask the City Clerk to report on the notice of this public hearing.” City Clerk: “Notice of the public hearing and distribution of the resolution of intention has been completed in the manner and form as required by law.” Mayor: “I would now ask the City Manager to provide the staff report” Staff: - Resolution No. 2005-281 was passed on September 13th, 2005 - Describe the boundaries - Describe the assessment - Describe the services being funded - Describe the process. (As required by law, a public meeting was held on October I lth. This is the public hearing at which time Council will take any public testimony regarding the district and allow the opportunity for written protest. If at the close of this public hearing a majority written protest does not exist, the Council may establish the district.) - Describe the Advisory Board i End of staff repod - - open for public discussion - Council takes any pubic testimony regarding the District Mayor: “The City Council will open this item for public discussion and will hear from any interested person who desires to address the City Council on this matter” Hear any public testimony Mayor: “Seeing there is no one else who wishes to be heard, do any members of the City Council have any questions for the staff or consultants as a result of public testimony?” City Council questions and discussion with staff & consultants Mayor: “The public hearing is now closed. Written protests received by the City Clerk after this time shall not be tabulated. The City Clerk will now tabulate the written protests received and upon completion of the tabulation, report the results to the City Council. The City Council may recess until the tabulation is complete or may move on to other business. Upon completion of the tabulation, the City Clerk will report the results to the City Council. City Clerk: “The tabulation of the written protests has been completed. There were written protests in opposition to the levy representing the total.” %. A majority protest is 50% or more of If a majority protest does NOT exist (written protests represent less than50%): City Clerk: Mayor: “Since the written protests represent less than 50% of the total, there is no majority protest.” “Since there is no majority protest, I would ask for a motion to INTRODUCE the Ordinance establishing Carlsbad Tourism Business Improvement District and adopt the Resolution appointing the Advisory Board for the Carlsbad Tourism Business Improvement District. City Council: Motion to INTRODUCE ordinance and ADOPT resolution, discussion and vote to INTRODUCE ordinance and ADOPT resolution. If a majority protest DOES exist (written protests over 50%): City Clerk: Mayor: “Since the written protests represent 50% or more of the total, a majority protest exists.” “Since there is a majority protest, I would ask for a motion to direct staff to prepare a resolution abandoning the proceedings to establish the Carlsbad Tourism Business Improvement District. No further proceedings to create the specified Carlsbad Tourism Business Improvement District as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council.” ---------- End of proceedings----- CERTIFICATION WITH COMPLIANCE WITH NOTICE REQUIREMENTS CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT THE CITY CLERK, OF THE CITY OF CARLSBAD, UNDER PENALTY OF0 PERJURY, CERTIFIES AS FOLLOWS: The undersigned is now, at all times mentioned herein was, the duly qualifed and acting City Clerk of the City of Carlsbad, California, and as such accomplished the notice requirements in connection with the referenced District, as noted: PUBLICATION: The Resolution of Intention to Establish the Carlsbad Tourism Business Improvement District (Resolution No. 2005-281) was published one (1) time in required by law. the North County Times, on the following date: S/&olob , as The Notice of Proposed Assessment for the Carlsbad Tourism Business Improvement District was published three (3) times, on three successive weeks, on the following dates: Q/&lo4 1. qlac,)&j c rolrlO@ POSTING: The Resolution of Intention to Establish the Carlsbad Tourism Business Improvement District (Resolution No. 2005-281 ) was posted at the following three (3) locations, as required by law: Location: Date: Time: Faraday i I :qcta,m. Dove Library - 0'46 aim- MA1 LI N G : The Resolution of Intention to Establish the Carlsbad Tourism Business Improvement District (Resolution No. 2005-281) was mailed on the following date: 'r! I4 105 , as required by law. Certificate of Compliance With Notice Requirements Page 2 The Notice of Proposed Assessment was mailed on the following date: 9 , as required by law. EXECUTED this /JG day of d- , 2005, at Carlsbad, California. PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 20th, 27th & October 04fh, 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 04th Day of October, 2005 Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising This space is for the County Clerk's Filing Stamp Proof of Publication of NOTICE IS FURTHkR GIVEN that 6:OO p m. on Tue day, November .8, 2005, at the Chambers'of 'the Cad bad City Council 1200 Carlsbad Villa e Dr Carlsbac California hasdn set as the time andsplacefor a public hearin afwhich time members of the Council propose tc enact &e proposed assessment as set forth in the reso lution of intention and ursuant to Government Cod, sections 54954.6 and 3&00 et. seq. Assessment. An assessment is roposed to be leviec on all hotel bhnesses within the I of C rlsbad. Thr assessment is proposed to be a flat "'r ee of P 1 00 per oc cu ied'pom er ni ht for all transient occu+, a! dehed in secfion 382.020(7) of the Carlsba Municipa Code. Estimate The estimated am unt of revenue to be raisec &tp@ssment in the first year is approximatel' Purpwo: The District proposes to administer marketinc and vptor rcgrams, to promote the C' of Carlsbad ai a tourism vgitor destination awj to fund e pro ects rd gams and actwdies that benefit hotels%ithin be C!i& o Colkctlon. The assessment is pro osed to be levied or an annual basis and shall be collefed monthly from ho tels within the City of Carlsbad. arlsbad. Protest U n receipt b the City Clerk of written pro tests fmm k owners oYbusinesses in the district whc paj 50 percent or more of the annual assessments lev. ie , the assessment shall not be imposed for a pencd oi one year. Should you &sire to mail a protest against this assess. ment, the address is: C Clerk City 3Carlsbad 200 Carlsbad Villa e Dr. Carlsbad, CA 9&08 Information: Should you desire additional information about this assessment, contact: Kurt.Burkhart Carlsbad Convention and Visitors Bureau 400 Carlsbad Villa e Dr. Carlsbad, CA 92108 Phone (760) 434-6093 Dated September 14, 2005 /s/Karen R Kundtz Assistant CI Clerk NCT 1851634 *September 20,$, October 04,2005 ' -_ 7 ~ -,. -_ ---- - NOTICE OF PROPOSED ASSESSMENT FOR THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT NOTICE IS HEREBY GIVEN that on September 13, 2005, the City Council (the “Council”) of the City of Carlsbad (the “City”) adopted a resolution of intention to establish the Carlsbad Tourism Business Improvement District (the “District”) and levy an assessment on hotels within the District as set forth in said resolution of intention. The resolution is attached hereto and hereby incorporated into the notice. NOTICE IS HEREBY FURTHER GIVEN that at 6:OO p.m. on Tuesday, October 11 , 2005, at the Chambers of the Carlsbad City Council, 1200 Carlsbad Village Dr., Carlsbad, California, a public meeting shall be held pursuant to Government Code section 54954.6 to allow public testimony regarding the establishment of the District and the levy of assessments therein as set forth in the enclosed resolution of intention and pursuant to Government Code section 54954 -6. NOTICE IS FURTHER GIVEN that 6:OO p.m., on Tuesday, November 8, 2005, at the Chambers of the Carlsbad City Council, 1200 Carlsbad Village Dr., Carlsbad, California, has been set as the time and place for a public hearing at which time members of the Council propose to enact the proposed assessment as set forth in the resolution of intention and pursuant to Government Code sections 54954.6 and 36500 et. seq. Assessment:An assessment is proposed to be levied on all hotel businesses within the City of Carlsbad. The assessment is proposed to be a flat fee of $1 .OO per occupied room per night for all transient occupancies as defined in section 3.12.020(7) of the Carlsbad Municipal Code. Estimate: The estimated amount of revenue to be raised by the assessment in the first year is approximately $800,000. Purpose: The District proposes to administer marketing and visitor programs to promote the City of Carlsbad as a tourism visitor destination and to fund the projects, programs and activities that benefit hotels within the City of Carlsbad. Collection: The assessment is proposed to be levied on an annual basis and shall be colleted monthly from hotels within the City of Carlsbad. Protest: Upon receipt by the City Clerk of written protests from the owners of businesses in the district who pay 50 percent or more of the annual assessments levied, the assessment shall not be imposed for a period of one year. CTBID Public Notice 9/14/05 Should you desire to mail a protest against this assessment, the address is: City Clerk City of Carlsbad 1200 Carlsbad Village Dr Carlsbad, CA 92008 Information: Should you desire additional information about this assessment, contact: Kurt Burkhart Carlsbad Convention and Visitors Bureau 400 Carlsbad Village Dr. Carlsbad, CA 92008 Phone: (760) 434-6093 CTBID Public Notice 9/14/05 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: T am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 20th, 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 20th Day of September, 2005 Jane Allshouse This space is for the County Clerk’s Filing Stamp Proof of Publication of NORTH COUNTY TIMES Legal Advertising IThis 20* Day of September, 2005 Jane Allshouse NORTH COUNTY TIMES Legal Advertising I- I -I From: Karen Kundtz To: legals@nctimes.com Subject: Resolution of Intention No. 2005-281 Jane, Attached is Resolution of Intention No. 2005-281 regarding formation of the Carlsbad Tourism Business Improvement District. The Resolution was adopted by the Carlsbad City Council at their meeting last night. Please publish this Resolution one time, in the Tuesday, September 20, 2005 newspaper Thank you, Karen R. Kundtz, CMC Assistant City Clerk City of Carlsbad 760-434-291 7 cc: Isabelle Paulsen; Lorraine Wood; Sheila Cobian 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-281 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THE INTENTION OF THE CITY COUNCIL TO ESTABLISH THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT (CTBID), FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the City of Carlsbad is interested in establishing a Business Improvement District (“BID”) which shall be called the Carlsbad Tourism Business Improvement District (CTBID) and levying an assessment on hotels within the Carlsbad Tourism Business Improvement District boundaries, and WHEREAS, the Parking and Business Improvement Area Law of 1989 Section 36500 et seq. of the Streets and Highways Code authorizes cities to establish parking and business improvement areas for the purpose of promoting tourism, and WHEREAS, hotel owners within the Carlsbad Tourism Business Improvement District (CTBID) have requested the Carlsbad City Council to establish such an improvement area, and WHEREAS, the Carlsbad Convention and Visitors Bureau (CCVB) has facilitated the request to form the CTBID and the City of Carlsbad desires to establish an Advisory Board to make reports and recommendations to the City Council regarding the activities provided by the proposed CTBID; NOW THEREFORE BE IT RESOLVED the City Council of the City of Carlsbad does hereby resolve, determine and find as follows: 1. 2. The recitals set forth herein are true and correct. The City Council declares its intention to establish the Carlsbad Tourism Business Improvement District and to levy and collect assessments within the CTBID boundaries pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. The boundaries of the CTBID shall be the boundaries of the City of Carlsbad. 3. The name of the area shall be the Carlsbad Tourism Business Improvement District. 4. The City Council intends to form a BID to administer marketing and visitor programs to promote the City of Carlsbad as a tourism visitor destination and to fund programs and activities that benefit hotels within the boundaries of the district. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. The proposed CTBID will include all hotels within the boundaries of the CTBID boundaries. The assessment is proposed to be levied on all hotel businesses, existing and future, within the City of Carlsbad based upon a flat fee of $1 .OO per occupied room per night for all transient occupancies as defined in section 3.12.020(7) of the Carlsbad Municipal Code. Except where funds are otherwise available, an assessment will be levied annually to pay for the projects, programs and activities within the district. The assessment will be collected monthly based on $1 .OO per occupied room per night in revenues for the previous month. New hotel businesses within the boundaries will not be exempt from the levy of assessment as authorized by Section 36531. Pursuant to the City of Carlsbad’s transient occupancy tax ordinance, assessments pursuant to the CTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax. As used in this Resolution, “hotel” shall have the meaning defined in section 3.12.020(1) of the Carlsbad Municipal Code. The proposed CTBID shall not include occupancies by any federal or state officer or employee when on official business. The proposed CTBID shall not include occupancies by owners in timeshare units, but shall include short-term stays in timeshare units. The CTBID proposed annual assessment in year one totals approximately $874,000. The funds raised shall be spent to promote tourism within the boundaries of the CTBID, pay for related administrative costs of the corporation, and to repay the loan of $33,500 advanced to CCVB by the City Council pursuant to Resolution No. 2005- 094. Funds remaining at the end of any CTBlD term may be used in subsequent years in which CTlBlD assessments are levied as long as they are used consistent with the requirements of this Resolution. The City of Carlsbad will collect the assessments monthly from the hotels within the boundaries of the CTBlD and receive an administrative fee of 2% of the revenues collected, to reimburse it for those services. The City of Carlsbad will collect the assessment on the same form as that used for the collection of Transient Occupancy Tax receipts. The City of Carlsbad Finance Director shall establish accounting, auditing and receipting standards for the CTBID. 6. 7. 8. The City Council shall make all appointments to the CTBID Advisory Board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. The CTBID Advisory Board shall submit an annual report, which shall include a budget for operations and an identification of the marketing efforts to be undertaken by the CTBID for the ensuing calendar year, to the Carlsbad City Council pursuant to Section 36533. IO. The time and place for the public meeting for comments on the proposed CTBID and the levy of the assessments is set for October 11, 2005 at 6:OO p.m. at the City of Carlsbad, City Council Chambers, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California. The time and place for the public hearing to establish the CTBID and the levy of the assessments is set for November 8, 2005 at 6:OO p.m. at the City of Carlsbad, City Council Chambers, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California. 12. 11. At the public hearing the testimony of all interested persons for or against the establishment of the area, the extent of the area, or the furnishing of specified types of improvements or activities will be heard. A protest against the establishment of the CTBID, the extent of the CTBID, and the furnishing of a specified type of improvement or activity, as provided in Section 36524, may be made in writing. To count in the majority protest against the CTBID, a protest must be in writing. A written protest may be withdrawn from writing at any time before the conclusion of the public hearing. Each written protest shall contain a written 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. If the owner of the business is a corporation, LLC, partnership or other legal entity, the authorized representative for the entity shall be authorized to sign the protest. Any written 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 of the City of Carlsbad before the close of the hearing scheduled herein and may be delivered or mailed to the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008. 13. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. If at the conclusion of the public hearing, there are of record, written protests by the owners of the businesses within the CTBID that will pay fifty percent (50%) or more of the total assessments of the entire CTBID, no further proceedings to create the CTBID shall occur for a period of one year from the date of the finding of a majority protest. New proceedings to form the CTBID shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the City Council. If the majority of written protests is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the CTBID. 15. Further information regarding the proposed Carlsbad Tourism Business Improvement District may be obtained from the City Clerk, City of Carlsbad, I200 Carlsbad Village Drive, Carlsbad, California, 92008. 16. follows: a. b. 17. Ill Ill I// Ill Ill Ill Ill Ill Ill The City Clerk is instructed to provide notice of the public hearing as Publish this Resolution of Intention in a newspaper of general circulation in the City of Carlsbad once, at least seven (7) days before the hearing. Mail complete copy of this Resolution of Intention to each and every business owner proposed to be assessed in the CTBID within seven (7) days of the adoption of this Resolution by the City Council. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 13'h day of September, 2005 by the following roll call vote, to wit: Council Members Lewis, Hall, Kulchin, Packard AYES: NOES: None ABSENT: Council Member Sigafoose CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk Karen R. Kundtz, Assistant City Clerk (SEAL) TRANSIENT OCCUPANCY TAX FISCALYEAR 2004-2005 HOTEL BEACH TERRACE BEACH VIEW BEACHWALK VILLAS CARLSBAD INN HOTEL CARLSBAD LODGE CARLSBAD SEAPOINTE COURTYARD BY MARRIOTT EXTENDED STAY AMERICA FAIRFIELD INN FOUR SEASONS RESORT GRAND PACIFIC PALISADES RESORT HAMPTON INNS HILTON GARDENS HOLIDAY INN INNS OFAMERICA Raintree Dr. INNS OFAMERICA SUITES on AVENIDAENCINAS MOORING (OCEAN VILLA @ CARLSBAD) MOTEL 6 X1021 MOTEL 6 8471 OCEAN PALMS BEACH RESORT (OCEAN MANOR) OLYMPIC RESORT PELICAN COVE RAMADA INNS RED ROOF INNS INC. (MOTEL 6 81 351) changed in May 04 RESIDENCE INN (CARLSBAD HHG HOTEL DEVELOPMENT) SCANDIA SEA SLOPE S EAB RE E2 E HOTEWI LLAGE REALTORS SEASHORE RESORT SUPER 8/SUNCOAST SURF MOTEL TAMARACK BEACH RESORT THE VILLAGE REALTORS TRAVEL INN !A COSTA HOTEL- KSL LA COSTA RESORT d!JuQMs- 49 2775 OCEAN ST 41 31 80 CARLSBAD BLVD 9 31 00 OCEAN ST 194 3075 CARLSBAD BLVD 66 3570 PI0 PlCO DR 78 6400 SURFSIDE LN 145 5835 OWENS AVE 106 1050 GRAND AVE 11 1 760 MACADAMIA DR 331 71 00 FOUR SEASONS 233 5805 ARMADA DR 0 N/A (no longer in busness) 162 6450 CARLSBAD BLVD 145 850 PALOMAR AIRPORT RD 126 751 RAINTREE DR 98 501 0 AVENIDA ENCINAS 478 21 00 COSTA DEL MAR RD 9 2895 OCEAN ST 109 1006 CARLSBAD VILLAGE DR 160 720 RAINTREE DR 57 2950 OCEAN ST 78 61 11 EL CAMINO REAL 10 320WALNUT 121 751 MACADAMIADR 142 61 17 PASEO DEL NORTE 121 2000 FARADAY AVE 15 2550 CARLSBAD BLVD 4 2955 OCEAN ST 12 31 50 OCEAN ST 11 2805 OCEAN ST 47 3700 PI0 PlCO DR 28 31 36 CARLSBAD BLVD 23 3200 CARLSBAD BLVD 15 2788 STATE ST 41 3666 PI0 PlCO DR zle 92008-2241 92008-2908 92008-2959 92008-2906 92008-2553 92009-3207 92008-6562 92008-1 81 3 92009-3205 92009-4908 92008-4609 NfA 92009-1 058 92008-4443 92009-3206 92008-4371 92009-6823 92008-2949 92008-1 803 92009-3206 92008-2952 92009-1 602 92008-31 51 92009-3205 92009-1 11 7 92008-7229 92008-2205 92008 92008-2974 92008-2949 92008-3406 92008-2908 92008-31 01 92008-1 628 92008-2554 TOTAL HOTEL ROOMS 3,375 NOF3+10TELROOMS FOUR SEASONS CLUB HOMELIFE VILLAGE REALTOR-THE VILLAGE REALTORS PACIFIC COASTAL RANCH & SEA TAMARACK BEACH -THE HELM 120 721 0 BLUE HERON 92009 15 530 GRAND AVE 92008-2326 9 2541 STATE ST STE 103 92008-1 679 10 2963 CARLSBAD BLVD 92008-2904 54 3200 CARLSBAD BLVD 92008-31 01 TOTAL NON-HOTEL ROOMS 208 TOTAL ROOMS 3.583 3568 Best Western Beach Terrace Inn Mr. Rick Smock, General Manager 2775 Ocean Street Carlsbad, CA 92008 Beachwalk Villas Mr. Thomas Funke, Owner 3100 Ocean Street Carlsbad, CA 92008 Carlsbad Lodge Mr. Ken Shah, General Manager 3570 Pi0 Pic0 Drive Carlsbad, CA 92008 Courtyard by Marriott Ms. Minda Zoloth, General Manager 5835 Owen Avenue Carlsbad, CA 92008 Fairfield Inn by Marriott Mr. Neal Singh, General Manager 760 Macademia Drive Carlsbad, CA 92009 Carlsbad Inn Beach Resort Mr. Randal Chapin, General Manager Carlsbad Inn Beach Resort 3075 Carlsbad Blvd. Carlsbad, CA 92008 Carlsbad Seapointe Resort Ms. Victoria Venditelli, General Manager 6400 Surfside Lane Carlsbad, CA 92009 Extended Stay America Mr. Dale Lewis, Hotel Manager 1050 Grand Avenue Carlsbad, CA 92008 Four Seasons Resort Aviara Mr. Robert Cima Regional Vice President & General Manager 71 00 Four Seasons Point Carlsbad, CA 92009 Shipping Labels Best Western Beach View Lodge Mr. Rick Smock, General Manager 3180 Carlsbad Blvd. Carlsbad, CA 92008 Laser 5163@ Grand Pacific Palisades Resort Mr. Michael Flickinger, General Manager Grand Pacific Palisades Resort 5805 Armada Drive Carlsbad, CA 92008 Hbiday Inn Carlsbad-By-The-Sea Mr. Francis Kauhaahaa, General Manager 850 Palomar Airport Road Carlsbad, CA 92008 La Costa Resort and Spa Ms. April Shute, Vice PresidentlGeneral Manager 21 00 Costa Del Mar Road Carlsbad, CA 92009 Motel 6 South - #471 Ms. Veronica Arce, General Manager 750 Raintree Drive Carlsbad, CA 92009 Ocean Villas Ms. Saundra Cima, Owner 2895 Ocean Street Carlsbad, CA 92008 Inns of America Suites Mr. Dennis Herris, General Manager 5010 Avenida Encinas Carlsbad, CA 92008 Motel 6 Downtown - #IO21 Ms. Ruby Garcia, General Manager 1006 Carlsbad Village Drive Carlsbad, CA 92008 Ocean Palms Mr. Stephen Bjork Controller, CFO 2950 Ocean Street Carlsbad, CA 92008 Olympic Resort & Spa T.G. Vallas, General Manager 61 11 El Camino Real Carlsbad, CA 92009 Shipping Labets Hilton Garden Inn Carlsbad Beach Mr. Robert Moore, General Manager 6450 Carlsbad Blvd. Carlsbad, CA 92009 Laser 5 163@ Pelican Cove Inn Ms. Nancy Nayudu, Owner 320 Walnut Avenue Carlsbad, CA 92008 Ramada Inns Suites Ms. Tracy Thompson, General Manager 751 Macadamia Drive Carlsbad, CA 92009 Residence Inn by Marriott Ms. Kelly Herrington, General Manager 2000 Faraday Avenue Carlsbad, CA 92008 Sea Slope Mr. Mark Harrison 2955 Ocean Street, Unit 4 Carlsbad, CA 92008 Seashore on the Sand Ms. Norine Sigafoose, Owner 2805 Ocean Street Carlsbad, CA 92008 . BAVERYQ Shipping Labels Quality Inn Mr. Sid Ghandi, Owner 751 Raintree Drive Carlsbad, CA 92008 Red Roof Inns Ms. Ann Baran, General Manager 61 17 Paseo Del Norte Carlsbad, CA 92009 Scandia Motel Mr. Vid Artukovig, General Manager 2550 Carlsbad Blvd. Carlsbad, CA 92008 Seabreeze Vacation Retreat Mr. & Mrs. Don Forster, Owners 3404 Crown Point Drive San Diego, CA 92109 Super 8 Mr. Sash Patel, General Manager 3700 Pi0 Pic0 Drive Carlsbad, CA 92008 Smooth. Feed 5; heetSTM Surf Motel Mr. Bob Bhanushali, General Manager 3136 Carlsbad Blvd. Carlsbad, CA 92008 The Village Realtors Ms. Kris Powers, Owner 2788 State Street Carlsbad, CA 92008 Shipping Labels Travel Inn Motel Mr. John Rhodes, General Manager 3666 Pi0 Pic0 Drive Carlsbad, CA 92008 Tamarack Beach Resort Mr. Tony Nieblas, General Manager 3200 Carlsbad Blvd. Carlsbad, CA 92008 Laser 5 163@ 11-15-99 Artukovic 1815 IvyRd Oceanside, CA 92054 ~ ?$oLn&&-')Ylolel Jack Phillips 2667 OceanSt Carlsbad, CA 92008 ebb Tcle IMM Tobo Investments 2785 Roosevelt St Carlsbad, CA 92008 '. ___ - 6yJ Apllr~iVlfd > Fredrick & Frances Schumacher 161 Oceanview Dr Vhta,CA 92084 7 Shah 3265 Garfield St Carlsbad, CA 92008 I ! I Bre Of Esa Properties Llc 1050 Grand Ave Carlsbad, CA 92008 Indigo Blue Llc 2950 Ocean St Carlsbad, CA 92008 l BOesfl palms Tobo Investments i 2785 Roosevelt St Carlsbad,CA 92008 7 1' 1 6 Operating L P Motel John Residua Grant ' PO Box 117508 Carrollton, TX 7501 1 .> I\ b\&\ lo - Qa.4Lk .- T L Rhodes & M 05-27-93 Edith 7452 Trig0 Ln ' Carlsbad, CA 92009 Extended Stay Ca Inc 100 Dunbar St Spartanburg, SC 29306 , I I\ elClevd %( Tobo Investments 2785 Roosevelt St Carlsbad, CA 92008 WMjPvl. Be Ct' 7-erT-0 Cf I Dahya Bhai & Shantaben Pate1 Carlsbad, CA 92008 ~ 3136 Carlsbad Blvd ' , >- 9uJ-4- - &Jk\ I 09-27-93 Voertman & V- I 1617 S Pacific St I Oceanside,CA 92054 I TQMtMck bat& iLC/*b I .. 4s Enterprises L L c 3700 Pi0 Pic0 Dr Carlsbad, CA 92008 Crest Resorts L L C Wave Crest Resort Wave 829 2nd St #A i Encinitas,CA 92024 7-mvel Jkt~ Grand Pacific Palisades L L C Grand Pacific Palisa PO Box 4068 Carlsbad, CA 920 18 I I i \r- *\+VI __ &-rckr\ i- Carlsbad H H G & A P M Hotel Venture L ' 191 W Nationwide Blvd #600 4545 Fuller Dr #370 Columbus, OH 43215 i Irving,TX 75038 H H G Hotel Devel P Carlsbad It >- CCM~~O rd 6 Operating L P Motel PO Box 117508 Carrollton, TX 7501 1 : I i) Q.t5i&~e _._. IR~ Herrick Holdings Ltd 755 Raintree Dr #200 Cmlsbad, CA 92009 bDdl)rZfD1.clVL !-A044 b 4LClLLciy ivLt,L Aviara Resort Associates Limited 7100 Four Seasons Carlsbad, CA 92009 K S L La Costa Resort Corp La Quinta, CA 92253 Partnership 50-905 Av~& Bermuda . LPr 0 Gjb Remaider Llc 1370 Avenue Of The Americas New York, NY 10019 ~ i- Aekfi Temehqula Llc 4542 Rffier St #387 San Diego, CA 921 11 : 9anc_cr_Ic Carlsbad L L C Pinnacle 1775 Hancock St #185 San Diego, CA 921 10 Cpt & Sc Title Holding Corp 533 S Fremont Ave Los Angeles, .CA 9007 1 Norine Sigafoose 3978 Syme Dr Carlsbad, CA 92008 %Rghw Sm-d Carlsbad Shores Llc PO Box 675101 Rancho Santa Fe, CA 92067 Dm ,\ VtJ i &4? I ThomasFunke I 560 N Coast Highway 101 #9 I Encinitas,CA 92024 I &&&\ML-Ck vi1 Lu i 2 -L _I "- Inns Of America Cannon L L C LLC 755 Raintree Or Ste 200 Carlsbad CA 92011-3298 I Grand Pacific Palisades LlC & Po Box 4068 Carlsbad CA 92018-4068 I i 6. I /---"""". ** r ~ %in"& Ti< *a, : 1 am :h.- Carlsbad Seapointe Resort L P & 5900 Pasteur Ct Ste 200 Carlsbad CA 92008-7336 , ' Carlsbad Inn L L C ' i 5900PasteurCt#200 Carlsbad,CA 92008 i I s Donald P Hoefer 2668 Ocean St Carlsbad CA 92008-2237 I CHAMBER OF COMMERCE November 8,2005 The Honorable Mayor Claude “Bud” Lewis Carlsbad City Council Members 1200 Carlsbad Village Dr ’ Carlsbad, CA 92008 Dear Mayor Lewis and Council Members: The Carlsbad Chamber of Commerce on behalf of its 1,600 members would like to reaffirm its support of the Carlsbad Tourism Business Improvement District (BID), and thank the Carlsbad City Council for its continued support of the proposed BID. As you are aware, the formation of this proposed BID has been a long three year process. After careful consideration, we feel that the BID will benefit tourism and the lodging establishments here in Carlsbad. Furthermore, we would like to recognize the hard work and dedication of the Carlsbad Convention and Visitors Bureau for bringing forth what looks to be Carlsbad’s first implemented BID. Again, the Carlsbad Chamber of Commerce would like to reaffirm its support of the proposed Carlsbad Tourism Business Improvement District, and thank the Council for its continued support. If you have any questions or concerns, please feel free to contact me. Sincerely, / ! PresidendCEO Carlsbad TourismCarlsbad TourismBusiness Improvement DistrictBusiness Improvement District(CTBID) (CTBID) --Public HearingPublic Hearing101 CTBID CTBID Key ComponentsKey Components„Parking and Business Improvement Area Law of 1989.ƒDefined Assessment Area.ƒAnnual Assessment AmountƒFunding for specific activitiesƒAdvisory BoardƒPublic Hearing Process CTBID Assessment AreaCTBID Assessment Area„Existing Hotel Businesses„New Hotel Businesses„Short-term non-owner occupied Time Share Units. CTBID AssessmentCTBID Assessment„Proposed rate of $1.00 per Room Night Occupied for all transient occupancies.„City to receive 2% of assessment revenues collected for reimbursement of administrative expenses.„Annual Assessment (re) established each year by City Council.„Unused CTBID assessment revenues may be carried over to following year. Funding of Specific ActivitiesFunding of Specific Activities„Law permits the funding of activities or improvements related to tourism within the boundaries of the District.„Budget Recommendation from Advisory Board.„Subject to approval of the City Council. CTBID Advisory BoardCTBID Advisory Board„Appointed by the City Council„Advises Council on all issues related to the CTBIDƒSubmits Annual Report to City Council.ƒSubmits Annual Budget to City Council.ƒProposes any changes to the boundaries, assessment formulae, activities, etc…ƒGeneral oversight of the BID Operations CTBID ProcessCTBID Process„Resolution of Intention –Sept 13, 2005„Public Meeting -Oct 11, 2005„Public Hearing –Nov 8, 2005 „Hold Hearing„Consider Protests„Introduce ordinance„Adoption of Ordinance –Nov 15, 2005„Effective date of CTBID –Jan 1, 2006„First CTBID payments due with TOT reports filed by the end of February 2006 CTBID (Under 1989 Law)CTBID (Under 1989 Law)City City CouncilCouncilBID BID Advisory Advisory BoardBoardCouncil ApprovesAnnual BudgetSets Annual Assessment•Submit Annual Budget •Submit Annual Report to Council•General oversight of the BID operationsDutiesDesignated SeatsRecommended Composition of BoardRecommended Composition of BoardCouncil Appoints BID Board Recommendations to Council Submit Annual Report •1 La Costa –Permanent•1 Four Seasons –Permanent•1 Grand Pacific –Permanent•4 Other TOT Generators:•2 Rotates every 4 years (2 year initial term)•2 Rotates every 4 years CTBID Public HearingCTBID Public Hearing„Hold public hearing„Upon close of the public hearing, Council may revise the CTBID as allowed by law„Call for written protests to be filed with the City Clerk „Direct Clerk to count protests and report CTBID Public HearingCTBID Public Hearing„If protests represent less than 50% of the total properties (based on annual assessment value) proceed with the CTBID formation„Introduce ordinance forming the CTBID„Adopt the resolution appointing members of the CTBID Advisory Board„If protests represent 50% or more, halt the proceedings, and take no further action for a minimum of one year CTBID Public HearingCTBID Public HearingNovember 8, 2005