HomeMy WebLinkAbout2017-07-11; City Council; ; Adopt Ordinance No. CS-321 adding Section 3.38.095 to the Carlsbad Municipal Code relating to Opting Out of the Carlsbad Golf Lodging Business Improvement District.CA Review
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Meeting Date:July 11, 2017
To:Mayor and City Council
From:Kevin Crawford, City Manag.
Staff Contact:Sheila Cobian, City Clerk Services Manager
sheila.cobian@carlsbadca.gov or 760-434-2917
Subject:Adopt Ordinance No.CS-321 adding Section 3.38.095 to the Carlsbad
Municipal Code relating to Opting Out of the Carlsbad Golf Lodging
Business Improvement District.
Recommended Action
Adopt Ordinance No.CS-321 adding Section 3.38.095 to the Carlsbad Municipal Code relating to
Opting Out of the Carlsbad Golf Lodging Business Improvement District.
Executive Summary /Discussion
Ordinance No.CS-321 was introduced and first read at the City Council meeting held on June 27,
2017.The City Council voted unanimously 5/0 to introduce the Ordinance.The second reading
allows the City Council to adopt the ordinance which will become effective thirty days after
adoption.
Fiscal Analysis
There is no anticipated fiscal impact from this item.
Next Steps
The City Clerk will have the ordinance or a summary of the ordinance published in a newspaper
of general circulation within fifteen days following adoption of the ordinance.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1.Ordinance No.CS-321
91
EXHIBIT 1
ORDINANCE NO.CS-321
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA,AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 3.38 TO
ADD A NEW SECTION 3.38.095 RELATING TO OPTING OUT OF THE DISTRICT
NOW, THEREFORE,the City Council of the City of Carlsbad does ordain as follows:
SECTION 1:That Carlsbad Municipal Code section 3.38.095 is added to read as follows:
3.38.095 —Opting out of the district.
As stated in in section 3.38.050 of this chapter, the assessment is mandatory for hotel businesses
within the City of Carlsbad that have elected to be part of the district.If one of these
participating hotel businesses no longer wish to be part of the district, that hotel business must
submit a written letter to the City requesting exclusion no later than May 1 for the following fiscal
year.The hotel business shall cease collecting the assessment as of July 1.The exiting hotel
business shall have 180 days after July 1 to request reimbursement of any remaining funds.After
180 days, any remaining funds of that hotel business shall revert to the CGLBID for administrative
costs.
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 Carlsbad within fifteen days after its adoption.
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EXHIBIT 1
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 27th day
of June, 2017, and thereafter
PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of July, 2017, by the following vote, to wit:
AYES:M. Hall,K.Blackburn, M. Schumacher,C.Schumacher, M. Packard.
NOES:None.
ABSENT:None.
APPROVED AS TO FORM AND LEGALITY:
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CELIA A. BREWER, City Attorney
e.7MATT HALL, Mayor
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ATTEST:
BARB NGLESON, City Clerk
(Seal)
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