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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 of. CA/ks.„CITY COUNCIL i 4) _,7 =0 Staff Report °44/Foce 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. // // // II // // // // // // -1 - 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: 7 1:i ctec e4 CELIA A. BREWER, City Attorney e.7MATT HALL, Mayor z ATTEST: BARB NGLESON, City Clerk (Seal) ., ...., >-:•-ostt C ••••......• -2 -