HomeMy WebLinkAbout2011-06-28; City Council; 20603; ADDITIONAL POWERS CARLSBAD TOURISM ADVISORY BOARDCITY OF CARLSBAD - AGENDA BILL
AB# 20.603
MTG. 6-28-11
DEPT. CITY
ATTORNEY
DELEGATING ADDITIONAL POWERS
A kir\ r\i ITIE^O "i"/"N -—I,.— Ar\\n&f\n\fAND DUTIES TO THE ADVISORY
BOARD OF THE CARLSBAD TOURISM
BUSINESS IMPROVEMENT DISTRICT
AND VALIDATING CONTRACTS
DEPT. HEAD
CITYATTY. C^-
CITY MGR. ^u__
RECOMMENDED ACTION:
Adopt Resolution No. 2011-150 approving additional powers and duties of the Carlsbad Tourism
Business Improvement District (CTBID) Advisory Board, and validating all contracts entered into by the
advisory board on behalf of CTBID from the inception date of CTBID to the present.
ITEM EXPLANATION:
On November 15, 2005 the City Council adopted Ordinance No. NS-778 forming the Carlsbad Tourism
Business Improvement District (CTBID) pursuant to the Parking and Business Improvement Law of
1989. Ordinance No. NS-778 created Carlsbad Municipal Code Chapter 3.37. Section 3.37.100
authorized the creation of an Advisory Board for CTBID. Additionally, section 3.37.100 authorized
Council to define the powers and duties of the Advisory Board, which included, making
recommendations to the City Council on expenditures for the programs and activities of CTBID.
Since the inception of the district, the Advisory Board's duty to make recommendations to the City
Council on expenditures for the programs and activities of CTBID was interpreted to mean that Council
had delegated to the Advisory Board the power to enter into contracts on behalf of CTBID.
Since the inception of the district, the Advisory Board has entered into numerous contracts on behalf of
CTBID for goods and services all for the benefit of CTBID and its purpose and mission. To date, no
vendor or third party has ever questioned the contracting authority or activity of CTBID or whether
Council expressly granted contracting authority to the Advisory Board on behalf of CTBID.
The purpose of this action is to explicitly state that it was the intent of the Council, from the inception of
the district, to grant the Advisory Board the power to enter into contracts on behalf of CTBID. In the
alternative, if Council did not intend to grant the Advisory Board, at the inception of the district, the power
to enter into contracts on behalf of CTBID, the City Attorney recommends that this power should now be
granted to the Advisory Board and for Council to retroactively approve and ratify each and every CTBID
contract. Further, should Council not grant the power to the Advisory Board to enter into contracts on
behalf of CTBID, the City Attorney recommends that Council retroactively approve and ratify each and
every CTBID contract that the Advisory Board has entered into from the inception date of the district to
the present.
DEPARTMENT CONTACT: Ron Ball, 760.434.2891 ron.ball@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES FJ
Page 2
FISCAL IMPACT:
There is no fiscal impact associated with this action.
ENVIRONMENTAL IMPACT:
The proposed approval of the annual report does not qualify as a "project" under the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a
direct or reasonable foreseeable indirect physical change in the environment.
EXHIBITS:
1. Resolution No. 2011-150 , approving additional powers and duties of the Carlsbad Tourism
Business Improvement District (CTBID) Advisory Board, and retroactively ratifying all contracts
entered into by the advisory board on behalf of CTBID from the inception date of CTBID to the
present.
EXHIBIT 1
1 RESOLUTION NO. 2011-150
2 A RESOLUTION OF THE CITY OF CARLSBAD DELEGATING AND
CONFIRMING THE CARLSBAD TOURISM BUISINESS IMPROVEMENT
3 DISTRICT (CTBID) ADVISORY BOARD'S POWERS AND DUTIES TO
4 CONTRACT ON BEHALF OF CTBID AND TO RETROACTIVELY
APPROVE AND RATIFY CTBID CONTRACTS
5
6 WHEREAS, on November 15, 2005 the City Council adopted Ordinance No. NS-
7 778 forming the Carlsbad Tourism Business Improvement District (CTBID) in
8
accordance with the California Government Code Parking and Business Improvement
9
Area Law of 1989 (Sections 36500, et. Seq. of the Streets and Highways Code), and
10
WHEREAS, Ordinance No. NS-778 created Carlsbad Municipal Code Chapter
12 3.37. Section 3.37.100 authorized the creation of an Advisory Board for CTBID.
13 Additionally, section 3.37.100 authorized Council to define the powers and duties of the
14 Advisory Board by resolution, which included, making recommendations to the City
15 Council on expenditures for the programs and activities of CTBID; and
16 WHEREAS, since the inception of the district, the Advisory Board's duty to make
recommendations to the City Council on expenditures for the programs and activities of
18
CTBID was interpreted to mean that Council had delegated to the Advisory Board the
19
power to enter into contracts on behalf of CTBID, and
20
WHEREAS, since the inception of the district, the Advisory Board has entered
into numerous contracts on behalf of CTBID for goods and services all for the benefit of
23 CTBID and its purpose and mission. To date, no vendor or third party has ever
24 questioned the contracting authority or activity of CTBID or whether Council expressly
25 granted contracting authority to the Advisory Board on behalf of CTBID, and
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1 WHEREAS, if the Advisory Board did not have the authority to enter into
2 contracts on behalf of CTBID, City Council should retroactively approve and ratify all
•5 current and past contracts that the Advisory Board entered into on behalf of CTBID; and
4 WHEREAS, it is and was the intent of the Carlsbad City Council, from the
5
inception of the district, to grant the Advisory Board the power to enter into contracts on
6
behalf of CTBID; and
7
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of8
g Carlsbad, California, as follows:
10 1. That the above recitations are true and correct.
11 2. That the Advisory Board for the Carlsbad Tourism Business
19 Improvement District has the authority and duty to enter into contracts on behalf of
13 CTBID;
14
3. That it was the intend of the Carlsbad City Council to grant the power
15
and authority to enter into contracts to the Advisory Board on behalf of CTBID from the
inception date of the district.
lg 4. To the extent that any contract is deemed to have been formed or
19 entered into, without the legal authority delegated to the Advisory Board on behalf of
20 CTBID by the City Council, said contract(s) is/are hereby retroactively approved and
21 ratified.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 28th day of June 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
(SEAL)
INE M. WOOD, City Clerk