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HomeMy WebLinkAbout2006-12-05; City Council; 18824; Carlsbad Tourism Business Improvement DistrictCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 18,824 12-5-06 Admin Services CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT DEPT. HEAD\ CITY ATTY. CITY MGR. RECOMMENDED ACTION: Introduce Ordinance No. NS-824 which amends section 2.08.090 of the Carlsbad Municipal Code to make it consistent with City Council Resolution No. 2005-332 which exempted members of the Carlsbad Tourism Business Improvement District Board of Directors from being residents so long as they were assessees. ITEM EXPLANATION: On November 15, 2005 the City Council adopted Ordinance No. NS-778 forming the Carlsbad Tourism Business Improvement District (CTBID) and adopted Resolution No. 2005-332 limiting membership of the Business Improvement District Board of Directors to assessees. This is consistent with Streets and Highways Code Section 36530 which allows the City Council to appoint an advisory board in the creation of the CTBID Board of Directors and may limit its membership to persons paying assessments under the law. This item would make this requirement more visible to members of the public since it will become part of our Municipal Code not embodied solely in a resolution which may be more difficult for the public to find in subsequent years. This will also make it clear that this is an exception to the general rule contained in the Municipal Code that requires members of city boards and commissions to be residents of the City of Carlsbad. The attached Ordinance will accomplish these objectives. FISCAL IMPACT: None. ENVIRONMENTAL IMPACT: This action does not approve any projects that will have a physical adverse affect on the environment so it falls within the general rule under CEQA that this is not a project (CEQA Regulation 153789(b)). EXHIBITS: 1. Ordinance No. NS-824 2. Redline Version of Section 2.08.090 DEPARTMENT CONTACT: Cheryl Gerhardt 760-602-2409 cqerh@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED ¥ nnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D Dn D 1 ORDINANCE NO. NS-824 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING SECTION 2.08.090 OF 3 THE CARLSBAD MUNICIPAL CODE TO EXEMPT THE CARLSBAD 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TOURISM BUSINESS IMPROVEMENT DISTRICT (CTBID) BOARD OF DIRECTORS FROM BEING RESIDENTS OF THE CITY OF CARLSBAD The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That section 2.08.090 of the Carlsbad Municipal Code is amended to read as follows: 4 5 6 7 8 9 10 M It is a prerequisite for appointment to any city board, commission or committee that the member be a resident of the city and a registered voter, except 12 that members of the Carlsbad Tourism Business Improvement District (CTBID) Board of Directors shall be assessees of the CTBID regardless of residency." 13 EFFECTIVE DATE: This ordinance shall be effective thirty days after 14 its adoption; and the city clerk shall certify the adoption of this ordinance and cause it "2.08.090 Boards and Commission Membership - Citizenship required. to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 5th day of December , 2006, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2006, by the following vote, to 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 EXHIBIT 2 2.08.090 Board and commission members-Citizenship required. It is a prerequisite for appointment to any city board, commission or committee that the applicant be a resident of the city and a registered voter, except for members of the Carlsbad Tourism Business Improvement District (CTBID) Board of Directors, who shall be assessees of the CTBID. (Ord. NS- 169 § 1 (part), 1991: Ord. 1271 § 1, 1984)