HomeMy WebLinkAbout2012-11-27; City Council; 21056; Formation CGLBID Appointment of Advisory BoardCITY OF CARLSBAD - AGENDA BILL
AB# 21,056 FORMATION OF CARLSBAD GOLF LODGING
BUSINESS IMPROVEMENT DISTRICT (CGLBID)
AND APPOINTMENT OF ADVISORY BOARD
DEPT. DIRECTOR ^2rU
MTG. 11/27/12
FORMATION OF CARLSBAD GOLF LODGING
BUSINESS IMPROVEMENT DISTRICT (CGLBID)
AND APPOINTMENT OF ADVISORY BOARD
CITY ATTORNEY ^^g^
DEPT. Clerk
FORMATION OF CARLSBAD GOLF LODGING
BUSINESS IMPROVEMENT DISTRICT (CGLBID)
AND APPOINTMENT OF ADVISORY BOARD CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-194. enacfing Chapter 3.38 of the Carlsbad Municipal Code to
establish the Carlsbad Golf Lodging Business Improvement District (CGLBID), fixing the
boundaries of the district, providing for the levy of a business assessment to be paid by hotel
businesses in the district, and establishing an advisory board; and
Adopt Resolufion No
the Carlsbad Golf
2012-260 appointing three members to the Advisory Board for
Business Improvement District, designafing membership Lodging
qualifications, and designating advisory board officials
ITEM EXPLANATION:
Ordinance No. CS-194 was introduced and first read at the City Council meefing held on
November 6, 2012. The second reading allows the City Council to adopt the ordinance which
will become effective thirty days after adoption. The City Cleri< will have the ordinance
published within fifteen days, if adopted.
FISCAL IMPACT:
See AB #21,045 on file in the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Secfion 21065, this acfion does not constitute a "project"
within the meaning of CEQA in that it has no potenfial to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment, an
dtherefore does not require environmental review.
EXHIBITS:
1. Ordinance No. CS-194.
2. Resolution No. 2012-260
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtza.carisbadca.goy
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER-SEE MINUTES
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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 Carisbad ordains as follows:
SECTION I: That Title 3 of the Carisbad Municipal Code is hereby
amended by the addifion of Chapter 3.38 that shall be known as the Carisbad Golf
Lodging Business Improvement District Ordinance of the City of Carisbad 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 Carisbad Golf Lodging Business
Improvement District.
3.38.040 - Boundaries.
3.38.050 - Levy and Collecfion 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 - Penalty for Nonpayment of Assessment.
3.38.090 - Assessments to be Used Within the District.
3.38.100 - Advisory Board.
3.38.110-Severability.
3.38.010 •Definitions.
"Hotel" shall have the meaning defined in Section 3.12.020(1) of the Carisbad
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 (Secfions 36500, et. seq., ofthe Streets
and Highways Code) (the "law").
(a) On September 11, 2012, the City Council of the City of Carisbad adopted
Resolufion No. 2012-221 entitled, "A Resolution of Intention ofthe City Council of
the City of Carlsbad, California, Declaring the Intenfion ofthe City Council to
Establish the Carisbad 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 Resolufion 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 meefing concerning the
formation of said district was held before the City Council of the City of Carisbad
on September 25, 2012 at six p.m. in the Council Chambers ofthe City Hall ofthe
City of Carlsbad.
(d) Pursuant to said Resolufion No. 2012-221, a public hearing concerning the
formation of said district was held before the City Council of the City of Carisbad
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 acfion 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 Carisbad
hotels opting in to the district, in the opinion ofthe 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 inifial members ofthe advisory board shall be set forth in a
separate resolution adopted by the City Council.
3.38.040 - Boundaries.
The boundaries of the CGLBID shall be the boundaries of the 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 - Levy and Collection of Assessments.
The CGLBID members will include all lodging businesses within the City of
Carisbad 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 requesfing
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. Participafing 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 Carisbad
based upon a flat fee of two dollars per occupied room per night for all transient
occupancies as defined in Secfion 3.12.020(7) ofthe Carisbad 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 of the 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 internafional treaty.
3.38.055 - Refund of Assessments.
(a) When not othen/vise 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 Carisbad Finance Director (Finance Director) setting forth the
facts and reasons which justify the request.
(c) The Finance Director shall investigate the request and fonA/ard the request
and his/her recommendafion 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 Carisbad City Manager
regular reports of assessments refunds exceeding ten thousand dollars.
(e) Upon receipt of proper authorizafion, 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 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 3.38.050 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 of the 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 of Carlsbad 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 fime required shall pay a penalty often percent ofthe amount ofthe
assessment in addifion to the amount ofthe assessment. Any hotel business that
fails 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 unfil 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 activifies 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 Section 36530 of
the law. The inifial members and the powers and dufies of the advisory board shall
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be set forth in a separate resolufion adopted by the City Council. It shall be the
purpose ofthe advisory board to make recommendations to the City Council on
expenditures for the programs and activifies ofthe CGLBID, to make
recommendafions for its annual budget to be approved by the City Council, and to
provide end-of-year financial reports of the CGLBID operafions as required by the
City Council. The city attorney shall serve as the general counsel ofthe advisory
board.
3.38.110 - Severabiiitv.
If any secfion, subsecfion, sentence, clause or phrase of this chapter is for any
reason held to be invalid or unconstitufional by the decision of any court of
competent jurisdicfion, 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 secfion, subsecfion, sentence, clause and phrase
hereof, irrespective ofthe fact that any one or more ofthe secfions, 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
Carisbad within fifteen days after its adopfion.
INTRODUCED AND FIRST READ at a regular meefing of the
Carisbad City Council on the ^ day of November. 2012, and thereafter
PASSED AND ADOPTED at a regular meefing of the City Council of
the City of Carisbad 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 Attorney
MATT HALL, Mayor
ATTEST:
(OOQ[jDity Clerk
Karen R. Kundtz, j^ai^jtant City
Is/
Clerk
EXHIBIT A
2
EXHIBIT 2
1 RESOLUTiON NO. 2012-260
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD.
4 CALIFORNIA, APPOINTING THE ADVISORY BOARD FOR THE CARLSBAD
5 GOLF LODGING BUSINESS IMPROVEMENT DISTRICT.
^ WHEREAS, the City of Carlsbad ("City'') ADOPTED Ordinance No. CS-
7 194 on November 27, 2012, establishing the Carlsbad Golf Lodging Business
g Improvement District ("CGLBID") and establishing the power to levy assessments on
g lodging businesses 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
12 Council for an annual budget, and recommending funding of projects, program and
13 acfivities that benefit the District; and
j4 WHEREAS, the meefings of the Board shall be noticed, open and public and
freely accessible to all member of the public as required by the Ralph M. Brown Act
(Govemment Code Sections 54950 et seq.); and
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WHEREAS, the City wishes the membership of the committee to contain
members of the district and one golf member 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
WHEREAS, the City Attorney shall be the general counsel for the District and
provide legal advices as necessary and the City Manager or his representative of
representatives shall be an ex-officio member of the Board but not possessing the
24 power to vote; and
WHEREAS, the Committee shall meet and select a chairperson and establish its
26 own rules of procedure but shall be guided by the City Council's rules of procedure as
27 set forth in Carisbad Municipal Code Chapter 1.20.
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
2 Carisbad, Califomia, as follows that:
Section 1: The above recitations are true and correct.
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Section 2: The advisory board members shall serve at the pleasure of the
City Council. Two members shall be appointed from the member hotels and one
member shall be appointed from a Carisbad Golf Course establishment. One
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g member shall serve an initial term of two years, and two members shall serve an
10 initial tenn of four years. Thereafter, the City Council shall appoint those
11 members for four-year terms
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Section 3: That the City Council of the City of Carlsbad hereby appoints
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the following members to serve as the Advisory Board fo rthe Carisbad Golf
Lodging Business Improvement District pusuant to Section 36530 of the
California Streets and Highways Code:
1. Tim stripe (2 Year Initial Term)
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19 2. Gary Giaser (4 Year Initial Term)
20 3. Mark stiebeiing (4 Year Initial Term)
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council
of the City of Carisbad on the 27th day of November, 2012, by the following vote
to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas, Packard
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
LORRAiWE MLWOOO, Clerk
Karen R. Kundtz, Assistant City Clerk
(SEAL)