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HomeMy WebLinkAbout2020-09-01; City Council; ; Carlsbad Tourism Business Improvement District Assessment Modification: Public Hearing, Confirmation of Modified Annual Report, and Ordinance Adoption Meeting Date: Sept. 1, 2020 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Cheryl Gerhardt, Finance Manager cheryl.gerhardt@carlsbadca.gov, 760-602-2468 Subject: Carlsbad Tourism Business Improvement District Assessment Modification: Public Hearing, Confirmation of Modified Annual Report, and Ordinance Adoption Recommended Actions 1. Hold a public hearing on the modification of the assessment for the Carlsbad Tourism Business Improvement District and determine whether there is a majority protest. 2. In the absence of a majority protest, adopt an ordinance amending Carlsbad Municipal Code (CMC) Section 3.37.050 – Carlsbad Tourism Business Improvement District. 3. Adopt a resolution confirming the district advisory board’s modified annual report and levying the modified assessment for the remainder of fiscal year 2020-21, beginning Nov. 1, 2020. Executive Summary/Discussion The City of Carlsbad established the Carlsbad Tourism Business Improvement District in 2005 under the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.). The district generates funds to administer marketing and visitor programs to promote the City of Carlsbad as a tourism visitor destination and to fund projects, programs, and activities, including appropriate administrative charges, that benefit hotels within the district’s boundaries. An appointed advisory board makes recommendations on expenditures for the district’s programs and activities, makes recommendations for the district’s annual budget, and provides end-of-year financial reports. The district’s assessment is currently a flat fee of $1 per occupied room per night for all transient occupancies, or temporary lodging rentals. The assessment has not been modified since the district was established. On June 26, 2020, the district’s advisory board sent the City Council a letter recommending the City Council modify the assessment to be 2% of gross short-term room rental revenue for all transient occupancies. The additional assessment revenue will enable the district to provide improved services and activities to the assessed businesses. On July 14, 2020, the City Council adopted a resolution of intention to modify the assessment as recommended. The City Council also scheduled a public meeting for Aug. 25, 2020 and a public Sept. 1, 2020 Item #4 Page 1 of 34 hearing for Sept. 1, 2020. All affected businesses were notified of this resolution and of the public meeting and public hearing dates. On Aug. 25, 2020, the City Council held a public meeting, the purpose of which was to allow the City Council to receive public comments and testimony on the assessment modification. The purpose of the Sept. 1, 2020 public hearing is to allow the City Council to hear and consider all protests against the assessment modification. If there are written protests from affected business owners who will pay 50% or more of the modified assessment levies, the City Council may not take any further action to modify the assessment for one year. Modifying the assessment requires the passage of an ordinance amending CMC 3.37.050 – Carlsbad Tourism Business Improvement District. The City Council introduced an ordinance amending CMC 3.37.050 at its Aug. 25, 2020 meeting. If there is no majority protest, the City Council may adopt the ordinance following the Sept. 1, 2020 public hearing. As part of the process for levying an annual assessment, the advisory board is required to submit a report describing the improvements and activities to be funded with the assessment proceeds. The City Council approved the report for the fiscal year 2020-21 assessment at the City Council’s meeting on June 2, 2020 and confirmed the report at its meeting on June 23, 2020. (The confirmation of the report authorizes the assessment to be levied against the affected businesses.) Because the proposed modified assessment will increase the assessment proceeds available for fiscal year 2020-21, the advisory board has provided a modified fiscal year 2020-21 report. The City Council approved the report at its Aug. 25, 2020 meeting. To levy the modified assessment, the City Council must confirm the report at its Sept. 1, 2020 meeting. Fiscal Analysis The $1 per room night assessment rate is estimated to generate $800,000 in revenue in fiscal year 2020-21 for the district’s activities. Modifying the assessment to 2% of the gross short- term room rental revenue would increase fiscal year 2020-21 estimated revenue to $1.2 million. Next Steps If adopted, the ordinance amending CMC 3.37.050 – Carlsbad Tourism Business Improvement district will become effective 30 days after adoption, but the modified assessment would commence Nov. 1, 2020. Environmental Evaluation (CEQA) This action does not constitute a “project” within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 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 Public notice of this item was posted in accordance with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours prior to the scheduled meeting date. In addition, following the adoption of the Resolution of Intention, a notice was mailed to all affected business owners on July 17, 2020, which began a mandatory 45-day period during which the owners may protest the modification. Sept. 1, 2020 Item #4 Page 2 of 34 Exhibits 1.City Council resolution 2.Ordinance amending Carlsbad Municipal Code 3.37.050 - Carlsbad Tourism Business Improvement District 3.Highlighted amendments to CMC 3.37.050 4.Letter from Carlsbad Tourism Business Improvement District Advisory Board 5.Adopted Resolution of Intention 6.Notice of Public Meeting and/or Public Hearing 7.Written protests Sept. 1, 2020 Item #4 Page 3 of 34 RESOLUTION NO. 2020-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING THE MODIFIED ANNUAL REPORT OF THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT (CTBID) AND LEVYING THE MODIFIED ASSESSMENTS FOR FISCAL YEAR 2020-21 BEGINNING NOV. 1, 2020 WHEREAS, the Carlsbad Tourism Business Improvement District (CTBID) was formed in accordance with the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code, § 36500 et seq.) (the "Act"); and WHEREAS, Section 36533 of the Act requires the CTBID Advisory Board to present a report to the City Council for review and approval for each fiscal year for which assessments are to be levied and collected to pay the cost of the improvements and activities described in the report; and WHEREAS, the CTBID Advisory Board submitted an Annual Report to the City Council for FY 2020-21, which the City Council approved at its meeting on June 2, 2020 and confirmed at its meeting on June 23, 2020; and WHEREAS, the current assessment for the CTBID is a flat fee of $1 per occupied room per night for all transient occupancies; and WHEREAS, on June 26, 2020, the Advisory Board sent the City Council a letter recommending the City Council modify the assessment to be 2% of gross short-term room rental revenue for all transient occupancies; and WHEREAS, on July 14, 2020, the City Council adopted a Resolution of Intention to modify the assessment as recommended; and WHEREAS, the City Council conducted a public meeting on Aug. 25, 2020 to receive public comments and testimony on the assessment modification; and WHEREAS, the City Council conducted a public hearing on Sept. 1, 2020 to hear and consider all protests against the assessment modification; and WHEREAS, all affected businesses were notified of the Resolution of Intention and of the public meeting and public hearing dates; and Sept. 1, 2020 Item #4 Page 4 of 34 WHEREAS, the City Council did not receive written protests from affected business owners who will pay 50% or more of the modified assessment levies; and WHEREAS, the CTBID Advisory Board submitted to the City Council a modified Annual Report for FY 2020-21 based on the proposed modified assessment; and WHEREAS, the City Council approved the modified Annual Report for FY 2020-21 at its meeting on Aug. 25, 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council confirms the CTBID Advisory Board's modified Annual Report for FY 2020-21 (Attachment A). 3. That the boundaries of the CTBID shall be the legal boundaries of the City of Carlsbad. 4. That as of Nov. 1, 2020, the assessment to be levied shall be 2% of gross short- term room rental revenue for all transient occupancies, as defined in Carlsbad Municipal Code Section 3.12.020, due and payable to the City of Carlsbad's finance department at the same time and in the same manner as the payment of transient occupancy tax. 5. That the adoption of this resolution shall constitute the levy of the modified assessment for the CTBID for FY 2020-21, beginning Nov. 1, 2020 through June 30, 2021. Sept. 1, 2020 Item #4 Page 5 of 34 PASSED, APPROVED AND ADOPTED at a Meeting of the City Council of the City of Carlsbad on the 1st day of September, 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor s---KvstrYLDslinet ct,„(- BARBARA ENGLESON, City Clerk (SEAL) 01111 I I I 1111/ NO?, CAN \*P' • 0.-11 z Sept. 1, 2020 Item #4 Page 6 of 34 Carlsbad Tourism and Business Improvement District (CTBID) 2020-2021 Modified Annual Report Method of Assessment: The CTBID includes all hotel businesses located within the CTBID boundaries. The assessment shall be levied on all hotel businesses, existing and future, within the City of Carlsbad based upon 2% of gross short-term room rental revenue for all transient occupancies as defined in section 3.12.020(7) of the Carlsbad Municipal Code. The amount of 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 remitted monthly, based on 2% of gross short-term room rental revenue for the previous month. Assessment Funding Purpose: To administer marketing and visitor programs to promote the City of Carlsbad as a tourism visitor destination and to fund projects, programs, and activities, including appropriate administrative charges that benefit hotels within the boundaries of the District. 2019-20 Work Plan: Last fiscal year, the CTBID contracted with Carlsbad Convention and Visitors Bureau (dba Visit Carlsbad) to provide tourism marketing services for Carlsbad. In addition, $20,000 in grants were awarded to fund events to increase the overnight stays in Carlsbad hotels. The previously adopted CTBID 2020-21 budget included a reduced funding level of $800,000 for Visit Carlsbad. This reduced funding level is the result of reduction in assessment revenue due to Covid-19. The services provided will focus primarily on post Covid-19 marketing recovery efforts. The majority of this will be done by interactive marketing and group sales. Funding also includes managing the visitor center and publications. The increase in the assessment from $1 per room night to 2% of gross revenue will result in an estimated budget of $1,200,000, and goes into effect November 1. This increased revenue will provide additional funding for marketing during the recovery. Due to the uncertainty of the tourism economy at this time, the CTBID Board will revisit the budget mid-year as well as the Visit Carlsbad contract to make adjustments based on the needs at that time. Detail of the modified 2020-21 budget is shown on the following page. Attachment A Sept. 1, 2020 Item #4 Page 7 of 34 2020-21 CTBID Budget 2016-17 2017-18 2018-19 2019-20 2020-21 2020-21 Program Areas Description Actuals Actuals Actual Actual Adopted Budget Modified Budget Carryover Fund Balance $655,774 $722,331 $696,716 $640,318 617,131 617,131 Revenues: CTBID Assessment $1 per room night 1,205,851 1,246,944 1,333,001 1,088,859 800,000 1,200,000 Interest Earnings 1,658 2,535 26,920 21,385 Total Estimated Revenues 1,207,509 1,249,479 1,359,921 1,110,244 800,000 1,200,000 Expenditures: 2% Admin. Fee - City 2% of CTBID assessment revenue, for collection of CTBID assessment and accounting for CTBID 24,116 24,896 26,644 21,045 16,000 24,000 CCVB Payment To operate visitor center, market and promote Carlsbad 978,612 1,130,216 1,244,575 1,040,326 800,000 800,000 Staff support Staff support to the CTBID - 2% of revenues 19,224 16,972 15,649 20,446 16,000 24,000 Professional Services Civitas Contract 32,960 12,000 CTBID Grants Grant program established by CTBID Board 119,000 103,011 129,451 18,654 75,000 35,000 Total Expenses 1,140,952 1,275,095 1,416,319 1,133,431 907,000 895,000 Ending Fund Balance Contingency for Revenue shortfall $722,331 $696,716 $640,318 $617,131 510,131 922,131 Sept. 1, 2020 Item #4 Page 8 of 34 Visit Carlsbad Expenses 2016-17 Actuals 2017-18 Actuals 2018-19 Budget 2019-20 Request Labor 348,088 406,478 422,051 434,324 Advertising Campaign 7,095 7,923 156,000 156,000 Digital MKtg 247,764 235,610 250,000 250,000 Group 184,259 198,967 301,100 194,500 PR Contract 95,099 224,353 185,000 190,000 G&A 27,911 29,323 35,649 30,676 Other promotion 35,725 39,929 41,800 42,500 945,941 1,142,583 1,391,600 1,298,000 37% Reserves 722332 Sept. 1, 2020 Item #4 Page 9 of 34 Agreement Date 11/8/2019 $40,000 6 Months $6,000/month paid (16,480) 12/19/2019 paid (6,240) 2/6/2020 paid (2,240) 6/30/2020 $15,040 5/15/2020 $20,000 6 Months $6,000/month Paid -8000 6/4/2020 Paid -6000 7/23/2020 $6,000 Sept. 1, 2020 Item #4 Page 10 of 34 ORDINANCE NO. CS-381 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTION 3.37.050 TO MODIFY THE ASSESSMENT FOR THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, the City of Carlsbad established the Carlsbad Tourism Business Improvement District (CTBID) in 2005 under the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code § 36500 et seq.); and WHEREAS, the CTBID generates funds to administer marketing and visitor programs to promote the City of Carlsbad as a tourism visitor destination and to fund projects, programs, and activities, including appropriate administrative charges, that benefit hotels within the CTBID's boundaries; and WHEREAS, an appointed advisory board (Board) makes recommendations on expenditures for the CTBID's programs and activities, makes recommendations for the CTBID's annual budget, and provides end-of-year financial report; and WHEREAS, the CTBID assessment is currently a flat fee of $1 per occupied room per night for all transient occupancies; and WHEREAS, the assessment has not been modified since the CTBID was established; and WHEREAS, on June 26, 2020, the Board sent the City Council a letter recommending the City Council modify the assessment to be 2% of gross short-term room rental revenue for all transient occupancies; and WHEREAS, the additional assessment revenue will allow the CTBID to provide improved services and activities to assessed businesses; and WHEREAS, on July 14, 2020, the City Council adopted a Resolution of Intention to modify the assessment as recommended; and WHEREAS, the City Council conducted a public meeting on August 25, 2020 to receive public comments and testimony on the assessment modification; and WHEREAS, the City Council conducted a public hearing on September 1, 2020 to hear and consider all protests against the assessment modification; and WHEREAS, all affected businesses were notified of the Resolution of Intention and of the public meeting and public hearing dates; and Sept. 1, 2020 Item #4 Page 11 of 34 WHEREAS, the City Council did not receive written protests from affected business owners who will pay 50% or more of the modified assessment levies; and WHEREAS, the City Council received, approved, and confirmed a modified FY 2020-21 annual report for the CTBID. NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: 1. The above recitations are true and correct. 2. As of Nov. 1, 2020, Carlsbad Municipal Code Section 3.37.050 is amended to read: 3.37.050 Levy and collection of assessments. The CTBID will include all hotel businesses located within the CTBID boundaries. An assessment shall be levied on all hotel businesses, existing and future, within the City of Carlsbad of two percent (2%) of gross short-term room rental revenue for all transient occupancies as defined in Section 3.12.020 of the Carlsbad 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 percent (2%) of gross short-term room rental revenue for the previous month. New hotel businesses within the boundaries will not be exempt from the levy of assessment authorized by Section 36531. Assessments pursuant to the CTBID 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 international treaty. EFFECTIVE DATE: This ordinance shall be effective 30 days from the date of its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. Sept. 1, 2020 Item #4 Page 12 of 34 MATT HALL4a, Ai- or BA • : ' A TNGLESON, City Clerk (SEAL) INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 25th day of August, 2020, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 1st day of September, 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney Sept. 1, 2020 Item #4 Page 13 of 34 PROPOSED AMENDMENTS TO CARLSBAD MUNICIPAL CODE SECTION 3.37.050 3.37.050 Levy and collection of assessments. The CTBID will include all hotel businesses located within the CTBID boundaries. The An assessment shall be levied on all hotel businesses, existing and future, within the City of Carlsbad based upon a flat fee of two percent (2%) of gross short-term room rental revenue one dollar per occupied room per night for all transient occupancies as defined in Section 3.12.020 of the Carlsbad 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 percent (2%) of gross short-term room rental revenue on one dollar per occupied room per night in revenues for the previous month. New hotel businesses within the boundaries will not be exempt from the levy of assessment authorized by Section 36531. Assessments pursuant to the CTBID 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 international treaty. Exhibit 3 Sept. 1, 2020 Item #4 Page 14 of 34 Exhibit 4 Sept. 1, 2020 Item #4 Page 15 of 34 RESOLUTION NO. 2020-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO MODIFY THE ASSESSMENT RATE FOR THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT, FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND PUBLIC HEARING ON THE MODIFICATION, AND GIVING NOTICE OF THE PUBLIC MEETING AND PUBLIC HEARING EXHIBIT 5 WHEREAS, pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code§ 36500 et seq.) (the "89 Law"), the City Council has established the Carlsbad Tourism Business Improvement District ("District"); and WHEREAS, the 89 Law authorizes the District's advisory board at any time to recommend the City Council modify the basis and method of levying the assessment rate of the District; and WHEREAS, the District's advisory board .submitted a written recommendation that the City Council modify the District assessment rate from $1 per occupied room night for all transient occupancies to 2% of gross short-term room rental for all transient occupancies; and WHEREAS, the 89 Law establishes the procedure to modify the assessment rate which includes adopting a Resolution of Intention, providing notice to affected business owners, holding a public meeting, holding a public hearing, and adopting an ordinance modifying the assessment rate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.The above recitations are true and correct. 2.The City Council declares its intention to modify the District assessment rate from $1 per occupied-room per night for all transient occupancies to 2% of gross short-term. room rental revenue for all transient occupancies. 3.As with the current assessment, the modified assessment would be levied on all hotel businesses, existing and in the future, within the District boundaries. 4.The District boundaries continue to be consistent with the boundaries of the City of Carlsbad. 5.The modified assessment rate would go into effect on November 1, 2020. 6.The improvements and activities proposed for the District that shall be funded by the levy of assessments on businesses within the District boundaries include: a.General promotion of business activities within the District; b.Promotion of public events which benefit businesses in the District and which take place on or in public places within the District; c.Decoration of any public place within the District; and Sept. 1, 2020 Item #4 Page 16 of 34 Sept. 1, 2020 Item #4 Page 17 of 34 Sept. 1, 2020 Item #4 Page 18 of 34 NOTICE OF PUBLIC MEETING AND PUBLIC HEARING CONCERNING THE MODIFICATION OF THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENT RATE NOTICE IS HEREBY GIVEN that on July 14, 2020, the City Council of the City of Carlsbad adopted a Resolution of Intention to modify the Carlsbad Tourism Business Improvement District (the “CTBID”) assessment rate as set forth in the Resolution of Intention. NOTICE IS HEREBY FURTHER GIVEN that at 3:00 PM on August 25, 2020, at City Hall, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, a public meeting shall be held to allow public testimony regarding the modification of the CTBID assessment rate as set forth in the Resolution of Intention. NOTICE IS HEREBY FURTHER GIVEN that 3:00 PM on September 1, 2020, at City Hall, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, has been set as the time and place for a public hearing at which time the City Council proposes to modify the CTBID assessment rate as set forth in the Resolution of Intention. Location: The CTBID includes all hotel businesses located within the boundaries of the City of Carlsbad. Services: The CTBID is designed to provide specific benefits to payors by increasing demand for overnight visitation to hotels within the CTBID boundaries. Revenues collected shall be used for the following: •General promotion of business activities within the CTBID; •Promotion of public events which benefit businesses in the CTBID and which take place on or in public places within the CTBID; •Decoration of any public place within the CTBID; and •Acquisition, construction, installation or maintenance of improvements identified in California Streets and Highways Code Section 36510. Cost: The proposed assessment modification would increase the current assessment rate of $1 per occupied room per night for all transient occupancies to 2% of gross short-term room rental revenue for all transient occupancies. Protest: Any owner of a lodging business within the CTBID that will be subject to the assessment may protest the modification of the CTBID assessment rate. Written protests must be received by the City Clerk of the City of Carlsbad before the close of the scheduled public hearing. If written protests are received from the owners of lodging businesses in the CTBID who 50% or more of the estimated annual assessments to be levied, the CTBID assessment rate shall not be modified. You may mail a written protest to: Office of the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 COVID-19 pandemic related public health orders may prevent your personal appearance at the public meeting or the public hearing. If your personal appearance is permitted, you may appear at the public meeting or the public hearing and submit a written protest at that time. Information: Should you desire additional information about the proposed CTBID assessment rate modification contact: Cheryl Gerhardt, Carlsbad Tourism Business Improvement District Staff, 1635 Faraday Ave., Carlsbad, CA 92008 Exhibit 6 Sept. 1, 2020 Item #4 Page 19 of 34 NOTICE OF HEARING ON RESOLUTION OF INTENTION NOTICE IS HEREBY GIVEN that on July 14, 2020, the City Council of the City of Carlsbad adopted Resolution No. 2020434, declaring an intention to modify an assessment rate for the Carlsbad Tourism Business Improvement District (CTBID), and setting a public hearing date for 3:00 p.m. on September 1, 2020, at 1200 Carlsbad Village Drive, Carlsbad, California. RESOLUTION NO. 2020-134 provides as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO MODIFY THE ASSESSMENT RATE FOR THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT, FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND PUBLIC HEARING ON THE MODIFICATION, AND GIVING NOTICE OF THE PUBLIC MEETING AND PUBLIC HEARING WHEREAS, pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code § 36500 et seq.) (the "89 Law"), the City Council has established the Carlsbad Tourism Business Improvement District ("District"); and WHEREAS, the 89 Law authorizes the District's advisory board at any time to recommend the City Council modify the basis and method of levying the assessment rate of the District; and WHEREAS, the District's advisory board submitted a written recommendation that the City Council modify the District assessment rate from $1 per occupied room night for all transient occupancies to 2% of gross short-term room rental for all transient occupancies; and WHEREAS, the 89 Law establishes the procedure to modify the assessment rate which includes adopting a Resolution of Intention, providing notice to affected business owners, holding a public meeting, holding a public hearing, and adopting an ordinance modifying the assessment rate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. The City Council declares its intention to modify the District assessment rate from $1 per occupied-room per night for all transient occupancies to 2% of gross short-term room rental revenue for all transient occupancies. 3. As with the current assessment, the modified assessment would be levied on all hotel businesses, existing and in the future, within the District boundaries. 4. The District boundaries continue to be consistent with the boundaries of the City of Carlsbad. 5. The modified assessment rate would go into effect on November 1, 2020. 6. The improvements and activities proposed for the District that shall be funded by the levy of assessments on businesses within the District boundaries include: a. General promotion of business activities within the District; b. Promotion of public events which benefit businesses in the District and which take place on or in public places within the District; c. Decoration of any public place within the District; and d. Acquisition, construction, installation or maintenance of improvements identified in Section 36510 of the 89 Law. 7. Funds remaining at the end of any District term may be used in subsequent years in which the District assessments are levied as long as they are used consistent with the requirements of Carlsbad Municipal Code Section 3.27.070. 8. The CTBID Advisory Board will continue to serve as the advisory board of the District. 9. The District advisory board shall submit an annual report, which shall include a budget for operations and activities to be undertaken by the District for the ensuing calendar year, to the City Council pursuant to Section 36533 of the 89 Law. Sept. 1, 2020 Item #4 Page 20 of 34 10. The time and place for a public meeting for comments on the modification of the District assessment rate is set for 3 p.m. on Aug. 25, 2020 at City Hall, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. 11. The time and place for the public hearing on the modification of the District assessment rate is set for 3 p.m. on Sept. 1, 2020 at City Hall, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. 12. At the public meeting and public hearing, the testimony of all interested persons for or against modifying the District will be heard. 13. A protest against modifying the District, as provided in Section 36524 of the 89 Law, must be made in writing. A written protest may be withdrawn, in writing, at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person signing the protest is interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the City of Carlsbad as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business, or the authorized representative. Any protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. Written protests must be received by the City Clerk's Office before the close of the public hearing, and may be delivered to the City Clerk Office at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. 14. If, at the conclusion of the public hearing, there are of record written protests by the owners of businesses within the District that will collectively pay 50% or more of the proposed modified District assessment rate, no further proceedings to modify the assessment rate shall occur for a period of one year from the date of the finding of a majority protest. 15. Further information regarding the proposed modified District assessment rate may be obtained from the City Clerk, at 1200 Carlsbad Village Drive, Carlsbad, CA 92008 or by contacting Cheryl Gerhardt, staff for the Carlsbad Tourism Business Improvement District, at (760) 602-2468. 16. The City Clerk is instructed to provide notice of the public meeting and public hearing by mailing notice and a complete copy of this Resolution of Intention to each and every business owner in the District on or before July 17, 2020. PASSED, APPROVED AND ADOPTED at a Meeting of the City Council of the City of Carlsbad on the 14th day of July 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. Copies of the staff report will be available on and after August 28, 2020. If you have any questions, please contact Cheryl Gerhardt in the Finance Department at 760-602-2468 or cheryl.gerhardt@carlsbadca.gov. Individuals wishing to speak on this proposal are cordially invited to participate in this public hearing. Per State of California Executive Order N-29-20, and in the interest of public health and safety, we are temporarily taking actions to prevent and mitigate the effects of the COVID-19 pandemic by holding City Council and other public meetings electronically or by teleconferencing. The meeting can be viewed online at www.carlsbadca.gov or on the city's cable channel. The Carlsbad City Council welcomes your participation. During the COVID-19 public health emergency, the city has provided two easy ways for community members to provide comments during a City Council meeting: Verbally Sign up to provide verbal comments by phone by filling out an online registration form by 2 p.m. the day of the meeting. You will receive a confirmation message with instruction about how to call into the meeting. In writing Sept. 1, 2020 Item #4 Page 21 of 34 E-mail your comments to clerk@carlsbadca.gov. [mails received by 2 p.m. will be provided to the City Council prior to the start of the meeting. Other comments will be included with the meeting record. Emailed comments will not be read out loud during the meeting. Please indicate the agenda item number in your email subject line. If you challenge the assessment you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. PUBLISH: July 24, 2020 CITY OF CARLSBAD CITY COUNCIL Sept. 1, 2020 Item #4 Page 22 of 34 2SEEKPEACEHOUSE 3955 HIBISCUS CIR CARLSBAD„ CA 92008-4116 CARLSBAD VILLAGE BUNGALOW 1060 BUENA PL CARLSBAD, CA 92008-1403 A NICE STAY LLC - 3810 UNIT C 21803 CACTUS AVE UNIT H MARCH AIR RESERVE BASE, CA 92518- 3021 DCLP MANAGEMENT INC 9765 LITTLE CANYON LN ESCONDIDO, CA 92026-6515 BEACHY GETAWAY 2567 GLASGOW DR CARLSBAD, CA 92010-5602 FEARN BOYS -150 TAMARACK AVE LLC 1120 JOSHUA WAY VISTA, CA 92081-7835 FREEDOM RENTALS G SQUARED PACIFIC LLC JOSEPH DOROBA 28699 HILLTOP DR 14440 MEADOWRUN ST 7071 ROSE DR HIGHLAND, CA 92346-5309 SAN DIEGO, CA 92129-3328 CARLSBAD, CA 92011-3976 KAREN CLEMENTS 1640 OCEANSIDE BLVD OCEANSIDE, CA 92054-5427 LISA JACKSON - GARFIELD UNIT C 4191 PARKSIDE PL CARLSBAD, CA 92008-3673 PUDDLE ESCAPER 860 BERNARD WAY SAN BERNARDINO, CA 92404-2414 TUTU'S PLACE 73-4519 KOHANAIKI RD UNIT 13 KAILUA KONA, HI 96740-8208 ADRIANA EPPLEY 4667 PARK DR CARLSBAD, CA 92008-4244 CARLSBAD VACATION RENTAL- CHINQUAPIN 1265 ESTATE DR LOS ALTOS, CA 94024-6163 LB BEACH PROPERTIES LLC - UNIT A 1314 GULL CT CARLSBAD, CA 92011-3966 NEW VILLAGE REAL ESTATE LLC 4195 CHINO HILLS PKWY UNIT 531 CHINO HILLS, CA 91709-2618 SEA SLOPE UNIT 4 PO BOX 1781 CARLSBAD, CA 92018-1781 VOELKER REAL ESTATE HOLDINGS HEMLOCK LLC 130 UNIT A 2261 FLATIRON WAY SAN MARCOS, CA 92078-2143 AL AND PAM VACATION RENTAL- 3862 3870 CARLSBAD BLVD CARLSBAD, CA 92008-4008 CASEY BRUSS 5700 ADAMS AVE UNIT B AUSTIN, TX 78756-1105 LILA BROWN - 271 267 JUNIPER AVE CARLSBAD, CA 92008-8244 PATRICK COFFEY - 159 211 CERRO ST ENCINITAS, CA 92024-4823 STEPHEN PELSTRING 946 DAISY AVE CARLSBAD, CA 92011-4815 3710 CARLSBAD BLVD 2715 CARLSBAD BLVD CARLSBAD, CA 92008-2210 CAPRI BY THE SEA LLC - UNIT A 1106 2ND ST UNIT 638 ENCINITAS, CA 92024-5096 CIMA PROPERTIES 2909 CANDIL PL CARLSBAD, CA 92009-7104 DEREK ORME FELINDA MOTTINO JESSICA SULLIVAN 2315 PIO PICO DR 340 E 93RD ST STE 11-B 2003 COSTA DEL MAR RD UNIT 676 CARLSBAD, CA 92008-1037 NEW YORK, NY 10128-5850 CARLSBAD, CA 92009-6814 Sept. 1, 2020 Item #4 Page 23 of 34 MICHELLE DRUTMAN-GREVEN 2003 COSTA DEL MAR RD UNIT 657 CARLSBAD, CA 92009-6802 THY TRAN 747 MAGNOLIA AVE CARLSBAD, CA 92008 BRIGID FREYNE 41460 ROYAL DORNOCH CT TEMECULA, CA 92591-2057 HINES 3827 COPPER CREST RD ENCINITAS, CA 92024-7208 JOHN MCALLISTER 440 N GRANADOS AVE SOLANA BEACH, CA 92075-1215 PURDOM THOMAS 5525 E LINCOLN DR STE 123 PARADISE VALLEY, AZ 85253-3721 CYNTHIA T BAUSCH - 6808 6808 SHEARWATERS DR CARLSBAD, CA 92011-3701 ROBERT HESS 2015 HOLIDAY RD NEWPORT BEACH, CA 92660-4326 SCARANELLA ENTERPRISES 3144 CIRCA DE TIERRA ENCINITAS, CA 92024-6905 SAM KAYVON 630 GRAND AVE STE F CARLSBAD, CA 92008-2364 ANNETTE GRANSTEDT REVOCABLE LIVING TRUST 5380 CARLSBAD BLVD CARLSBAD, CA 92008-4308 CRAFTSMAN 154 154 SYCAMORE AVE CARLSBAD, CA 92008-3144 JACOB KLASSEN 1889 HIGH RIDGE AVE CARLSBAD, CA 92008-3761 KAREN R THOMPSON PO BOX 130758 CARLSBAD, CA 92013-0758 180-190 WALNUT PROPERTIES LLC - 180A 1641 AMANTE CT CARLSBAD, CA 92011-4041 KRISTOPHER LANE REED 318 W 625 N LIN DON, UT 84042-1338 ROSA M VASQUEZ 4522 LADOGA AVE LAKEWOOD, CA 90713-2737 SILVER STAR 44 LLC 3220 GREY HAWK CT CARLSBAD, CA 92010-6651 TAYLOR MCKENZIE 7065 SITIO FRONTERA CARLSBAD, CA 92009-2045 BOX VACATION RENTAL 5380 LOS ROBLES DR CARLSBAD, CA 92008-4330 HELENBART CO - NORTH UNIT 6520 E EXETER BLVD SCOTTSDALE, AZ 85251-3104 JACQUELINE CAREW 5425 EL ARBOL DR CARLSBAD, CA 92008-4419 NICECLIFF PROPERTIES 282 KATONAH AVE STE 239 KATONAH, NY 10536-2110 BEACH VILLAGE RENTAL PO BOX 231003 ENCINITAS, CA 92009-0000 PATRICK LEE AND ASSOCIATES UNIT F 7172 AVIARA DR CARLSBAD, CA 92011-4900 SABLAN HOME RENTAL 4862 SEVILLA WAY CARLSBAD, CA 92008-3815 SWEET CASITA VACATION RENTAL 1833 QUEENS WAY VISTA, CA 92084-3613 THE BATISTA TRUST - TRUSTEE TURTLE LAKE LLC CASAS DE PUESTA DEL SOL MICHAEL S BATISTA 260 TAMARACK AVE PO BOX 4086 3432 CORTE ACIANO CARLSBAD, CA 92008-4061 CARLSBAD, CA 92018-4086 CARLSBAD, CA 92009-8697 Sept. 1, 2020 Item #4 Page 24 of 34 CLAIRE KRUGER -4024 STE B PO BOX 3089 GREENWOOD VILLAGE, CO 80155-0000 SEASIDE RENTAL PROPERTIES-2380 658 LAGUNA DR CARLSBAD, CA 92008-1609 ARMADA PRIME LLC 8033 LINDA VISTA RD STE 200 SAN DIEGO, CA 92111-5119 CAN DELARIA CORTEZ 2647 GATEWAY RD STE 105-201 CARLSBAD, CA 92009-1757 CLINT MUNE 2373 JEFFERSON ST CARLSBAD, CA 92008-1405 JH RANCH LLC 7957 N RIVERFRONT DR IDAHO FALLS, ID 83401-4981 KAIZEN ACCOMMODATIONS 29033 SCOUT CT CANYON LAKE, CA 92587-7815 LAURIE REISS 446 CHINQUAPIN AVE CARLSBAD, CA 92008-4103 MICHAEL ENRIGHT - 3771 4665 W 4TH ST LOS ANGELES, CA 90020-4754 DENNIS DELMAR 789 TURTLE POINT WAY SAN MARCOS, CA 92069-8126 THE SELTZER HIDEAWAY 7218 DURANGO CIR CARLSBAD, CA 92011-5114 BRIDGET O'GARA BLOOM 2156 PRINCETON AVE LOS ANGELES, CA 90026-1926 CGK REAL ESTATE VENTURES 7110 MIMOSA DR CARLSBAD, CA 92011-5132 CNSW4 LLC PO BOX 5580 HUNTINGTON BEACH, CA 92615 JOHNSON FAMILY TRUST 2308 E AMERIGE AVE FULLERTON, CA 92831-4243 KEVIN NIEMS 1185 TAMARACK AVE CARLSBAD, CA 92008-3418 LLOYD'S CASA 618 SEAWARD AVE CARLSBAD, CA 92011-3256 MTA GROUP LLC - 2003 3761 ARAPAHO PL CARLSBAD, CA 92010-5523 OCEAN ELEMENTS AT CARLSBAD - UNIT 1 1875 CENTURY PARK E STE 1800 CENTURY CITY, CA 90067-2519 VACATION RENTAL PO BOX 675685 RANCHO SANTA FE, CA 92067-5685 BUENAVISTA AIRBNB 3185 SONRISA DR CORONA, CA 92881-3921 CHESTNUT DIAMOND RESIDENCE LLC 2950 OCEAN ST CARLSBAD, CA 92008 EQUITAS REAL ESTATE HOLDINGS LLC 1515 SUNRISE DR VISTA, CA 92084-6418 JOSEPHINE DICKENS 4949 N 7TH ST STE 461 PHOENIX, AZ 85014-3915 LANGEN BEACH HOUSE 3831 PARK DR CARLSBAD, CA 92008-2740 MARINA SERGEYEVA - 260 TAMARACK 6789 MALLEE ST CARLSBAD, CA 92011-5056 RENAE VALDEZ-SIMEON 3721 YVETTE WAY CARLSBAD, CA 92008-2559 TAN IA SOLIS W2 RENTALS LLC ZIBA 151 TAMARACK AVE PO BOX 1530 3030 80TH AVE SE STE 204 CARLSBAD, CA 92008-4060 BRUSH PRAIRIE, WA 98606-0000 MERCER ISLAND, WA 98040-2964 Sept. 1, 2020 Item #4 Page 25 of 34 435 TAMARACK AVE 12806 W MAYA WAY PEORIA, AZ 85383-2832 BOB AND SUE CRUM RENTALS - 158 167 REDWOOD AVE CARLSBAD, CA 92008-4052 LESLIE HALL 871 QUAILS TRAIL RD VISTA, CA 92081-7500 ANCHORAGE INVESTMENTS LLC - 4347 4367 HIGHLAND DR CARLSBAD, CA 92008-4226 HENDRICKS FARMS 12886 ABRA DR SAN DIEGO, CA 92128-2325 NAOMI OLSON 3487 GARFIELD ST CARLSBAD, CA 92008-3240 BELLA SIRENA CONDO 3175 MULBERRY DR S SALEM, OR 97302-5912 JACLYN HARRTY 3950 HIBISCUS CIR CARLSBAD, CA 92008-4116 NORIK NARAGHI PO BOX 7 ESCALAN, CA 95320-0007 POLZIN FAMILY TRUST PO BOX 365 CARLSBAD, CA 92018-0000 SANTORO J AND M TRUST PO BOX 892696 TEMECULA, CA 92589-0000 PORTER CONDOMINIUM 7677 BROCKWAY DR BOULDER, CO 80303-4824 SUMMER WILLIAMS 2374 BUENA VISTA CIR CARLSBAD, CA 92008-1603 RENEE FITZGERALD 377 JUNIPER AVE CARLSBAD, CA 92008-8246 VILLAGE BUNGALOWS PO BOX 2028 CARLSBAD, CA 92018-0000 2445 OCEAN STREET LLC- UNIT A PO BOX 675324 RANCHO SANTA FE, CA 92067-0000 CONNOR S WISENER 514 AMERICAS WAY BOX 9412 BOX ELDER, SD 57719-7600 3914 LINMAR LANE PO BOX 1924 LA MIRADA, CA 90637-1924 KIMBERLY MCEVOY 1758 CAPE MAY PL CARLSBAD, CA 92008-3608 BAUERN PROPERTIES 3149 COACHMAN CT OCEANSIDE, CA 92056-3602 LE CHATEAU CHERI 7532 13TH HOLE DR WINDSOR, CA 95492-8701 SJ PROPERTIES LLC 6247 LISMORE PL CARLSBAD, CA 92009-3068 JOHN CRILLY III 26141 FALSTERBOR DR MENIFEE, CA 92586-2769 BMILLS AND CO LLC 7317 E GREENWAY RD SCOTTSDALE, AZ 85260-1603 MCSWAN PROPERTIES 2668 OCEAN ST CARLSBAD, CA 92008-2237 ED WOZOW 3920 SKYLINE RD CARLSBAD, CA 92008-2745 PATRICK ALBERT 3222 AVENIDA DE SUENO CARLSBAD, CA 92009-9537 SURF Y SOL LLC TAMARACK-HILLERY LLC 3287 LINCOLN VACATION RENTAL 1629 VIA LA PLZ 10128 N 119TH PL PO BOX 1426 SAN MARCOS, CA 92078-4721 SCOTTSDALE, AZ 85259 CARLSBAD, CA 92018-1426 Sept. 1, 2020 Item #4 Page 26 of 34 3660 CARLSBAD BOULEVARD TRUST PO BOX 24785 DENVER, CO 80224 BLUE OCEAN DREAMS LLC 6120 PASEO DEL NORTE STE Ni CARLSBAD, CA 92011-1147 CNSW11 LLC 12463 RANCHO BERNARDO RD UNIT 126 SAN DIEGO, CA 92128-2143 FERRARI VACATION PROPERTIES PO BOX 1151 SOLANA BEACH, CA 92075-7151 JEANNE MCCABE 4383 SERENA AVE OCEANSIDE, CA 92056-5017 OCEAN MIST LLC - 335 2588 EL CAMINO REAL STE F-341 CARLSBAD, CA 92008-1212 VACATION IN CARLSBAD-DOLPHIN SUITE 1640 ORD WAY OCEANSIDE, CA 92056-1500 DANIELLE PENMAN 2431 BUENA VISTA CIR CARLSBAD, CA 92008-1601 JACKIE LEWIS 150 LAKE STS KIRKLAND, WA 98033-6460 ALLAN MILLER 5715 BALTIMORE DR STE 131 LA MESA, CA 91942-1636 BRETT TODD 948 E CHELSEA DR FRESNO, CA 93720-1359 COZY BEACH COTTAGE 3267 LINCOLN ST APT B CARLSBAD, CA 92008-2942 FUNKHOUSER VACATION RENTAL 1281 MAGNOLIA AVE CARLSBAD, CA 92008-2544 JOEL HIRSCHKOFF 2353 JEFFERSON ST CARLSBAD, CA 92008 OCEAN MIST LLC - 337 2588 EL CAMINO REAL STE F341 CARLSBAD, CA 92008-1212 ARBOR WORK LLC 2216 MELROSE AVE ANN ARBOR, MI 48104-4070 DONALDJ MOORE 2012 BREAKER LN FLOWER MOUND, TX 75022-5481 KIMBERLY CHANDHOK - UNIT A 610 VIEW ST MOUNTAIN VIEW, CA 94041-2149 ANTHONY ROSS 200 CONGRESS AVE UNIT 35AC AUSTIN, TX 78701-4022 CASA SUPREMA 2121 E PARK AVE GILBERT, AZ 85234-6219 DAVID MOUW 3121 N 147TH DR GOODYEAR, AZ 85395-8945 JAEMIN RAGSDALE PO BOX 10130 PORTLAND, OR 97296-0000 MICHELLE PLASCH 6555 ROBINEA DR CARLSBAD, CA 92011-2507 THE EDWINDS VACATION RENTAL 708 LONGLEAF DR NE ATLANTA, GA 30342-4349 CARLSGOOD GETAWAY 1078 LIGHTHOUSE RD CARLSBAD, CA 92011-3410 HUI HANAHOU LLC 218 NE 19TH AVE PORTLAND, OR 97232-2828 LA COSTA CHATEAUS - 697 2100 3RD AVE STE 1203 SEATTLE, WA 98121-0000 LA COSTA PARADISO LARRY CAM BRA MATTHEW POULTER 418 ASH ST 7027 COLUMBINE DR 20 GUTZON BORGLUM RD BOULDER CITY, NV 89005-2432 CARLSBAD, CA 92011-5109 STAMFORD, CT 06903-4727 Sept. 1, 2020 Item #4 Page 27 of 34 PAM KERCKHOFF 5249 SHELLEY PL CARLSBAD, CA 92008-3851 SUSAN SAUTER 4113 HARRISON ST CARLSBAD, CA 92008-3556 3065 OCEAN ST - A PO BOX 220 DEL MAR, CA 92014-0000 JOHN SODANO 4550 COVE DR CARLSBAD, CA 92008-4209 SHORT WALK TO THE BEACH 3338 CENTRAL ST DEXTER, MI 48130-1058 COURTYARD BY THE MARRIOTT 5835 OWENS AVENUE CARLSBAD, CA 92008 HOMEWOOD SUITES CARLSBAD 2223 PALOMAR AIRPORT ROAD CARLSBAD, CA 92011 HYATT HOUSE 5010 AVENIDA ENCINAS CARLSBAD, CA 92009 MOTEL 6 OPERATING LP 0471 750 RAINTREE DRIVE CARLSBAD, CA 92009 RAGSDALE FAMILY VACATION PROPERTIES LLC -210 UNIT B 300 CARLSBAD VILLAGE DR UNIT 108A - 316 TARVIN SHORT TERM VACATION RENTAL 1450 HARGIS CREEK TRL AUSTIN, TX 78717-2976 5185 SHORE DRIVE CARLSBAD 1041 YALE ST SANTA MONICA, CA 90403-4715 OCEAN STREET VILLAS LLC UNIT A 2895 OCEAN ST CARLSBAD, CA 92008-2995 TINYVACATION RENTALS 1667 CORTE ORCHIDIA CARLSBAD, CA 92011-4066 OCEAN VILLAS AT CARLSBAD 2895 OCEAN STREET CARLSBAD, CA 92008 PELICAN COVE INN 320 WALNUT AVE CARLSBAD, CA 92008 RAMADA CARLSBAD 751 MACADAMIA DRIVE CARLSBAD, CA 92011 RESIDENCE INN BY MARRIOTT 2000 FARADAY AVE CARLSBAD, CA 92008 STEVE KUZMACK 3970 GARFIELD ST CARLSBAD, CA 92008-4035 TONI MACKENZIE 1400 DECISION ST VISTA, CA 92081-8553 DAN AND NANCY WARNER 30175 VIA DE LA MESA TEMECULA, CA 92591-1684 PRICHARD INNOVATION 1856 SW EDGEWOOD RD PORTLAND, OR 97201-2236 BEACH TERRACE INN 2775 OCEAN STREET CARLSBAD, CA 92008 DAYS INN 3700 PIO PICO DRIVE CARLSBAD, CA 92008 ECONO LODGE INN & SUITES 3666 PIO PICO DR. CARLSBAD, CA 92008 HAMPTON INN 2229 PALOMAR AIRPORT RD. CARLSBAD, CA 92011 BEACH WALK VILLAS 3100 OCEAN STREET CARLSBAD, CA 92008 MOTEL 6 OPERATING LP 1021 RODEWAY INN BW BEACH VIEW LODGE 1006 CARLSBAD VILLAGE DRIVE 3570 PIO PICO DR. 3180 CARLSBAD BLVD. CARLSBAD, CA 92008 CARLSBAD, CA 92008 CARLSBAD, CA 92008 Sept. 1, 2020 Item #4 Page 28 of 34 MOTEL 6 OPERATING LP 1351 6117 PASEO DEL NORTE CARLSBAD, CA 92008 TAMARACK BEACH RESORT 3200 CARLSBAD BLVD CARLSBAD, CA 92008 QU I NTA CARLSBAD 760 MACADAMIA DR. CARLSBAD, CA 92009 HILTON GARDEN INN 829 SECOND STREET SUITEA ENCINITAS, CA 92024 LEGOLAND HOTEL ONE LEGOLAND DRIVE CARLSBAD, CA 92008 CARLSBAD BY THE SEA RESORT 850 PALOMAR AIRPORT ROAD CARLSBAD, CA 92011 SCAN DIA MOTEL 2550 CARLSBAD BLVD. CARLSBAD, CA 92008 WEST INN AND SUITES 4970 AVENIDA ENCINAS CARLSBAD, CA 92011-0057 OCEAN PALMS BEACH RESORT 2950 OCEAN STREET CARLSBAD, CA 92008 CARLSBAD INN 3017 CARLSBAD BLVD. CARLSBAD, CA 92008 PARK HYATT AVIARA RESORT 7100 AVIARA RESORT DRIVE CARLSBAD, CA 92009 SHERATON RESORT AND SPA 5480 GRAND PACIFIC DRIVE CARLSBAD, CA 92008 SEASHORE ON THE SAND 2805 OCEAN ST. CARLSBAD, CA 92008 HOLIDAY INN EXPRESS 751 RAINTREE DRIVE CARLSBAD, CA 92011 THE EDWINDS 1145 CHINQUAPIN AVE CARLSBAD, CA 92008 OMNI LA COSTA 2100 COSTA DEL MAR ROAD CARLSBAD, CA 92009 GRAND PACIFIC RESORTS 5900 PASTEUR CR. STE. 200 CARLSBAD, CA 92008 FAIRFIELD INN AND SUITES 10174 OLD GROVE ROAD STE 200 CARLSBAD, CA 92131 EXTENDED STAY AMERICA STAYBRIDGE SUITES HOLIDAY INN CARLSBAD 1050 GRAND AVE 2735 PALOMAR AIRPORT ROAD 2725 PALOMAR AIRPORT ROAD CARLSBAD, CA 92008 CARLSBAD, CA 92009 CARLSBAD, CA 92009 Sept. 1, 2020 Item #4 Page 29 of 34 Exhibit 7 To whom it may concern, RECEIVED JUL 2 4 2020 CITY OF CARLSBAD CITY CLERK'S OFFIC~ I am the owner of the AirBnB at 2373 Jefferson St., Carlsbad CA 92008. I am already taxed TO DEATH. If you increase the CTBID rate from $1/room to 2% of gross I will sell my home and move away from this area. You have already failed miserably to address the homeless epidemic and made the beach illegal for a time; this was a criminal decision. I am at the end of my rope. 10% of gross to the City becoming 12% on top of state and federal taxes is literal theft. I am writing to protest and demand that you not increase these taxes further. Sincerely, Clint Muhe Sept. 1, 2020 Item #4 Page 30 of 34 o/~ IEICH RISOIT 1ddd:d1Mldfflbll July 25, 2020 City Clerk of the City of Carlsbad RECEIVED AUG O 3 2020 CITY OF CARLSBAD CITY CLERK'S OFFICE This is to protest the proposed modification of the CTBID assessment rate. The proposed change is outrageous in size. To most of the affected properties it would be a 400% increase or more and that is an outrageous increase. If this increased money is truly needed, look to all the Airbnb type rentals that take away from the very properties you are supposed to be helping. They get the benefits from the CTBID tax without supporting their share. Tamarack Beach Hotel 3200 Carlsbad Bvld Kenneth and Mary Jo Voertman, Owners A HELM MANAGED RESORT 3200 Car lsbad Blvd. • Carlsbad, CA 92008 • 800-334-2199 • Fax: {760) 434-5942 www .tamarackresort.com • www .tamarackresort-carlsbad.com Sept. 1, 2020 Item #4 Page 31 of 34 DocuSign Envelope ID: C3FE35A0-D20A-48AC-8B3C-AE1373E0F088 Annette Granstedt Revocable Trust Carlsbad Ca. 92008 20 July 2020 Office of the City Clerk City Clerk City of Carlsbad 1200 Carlsbad Village Drive. Carlsbad Ca. 92008 Dear City Clerk: I am writing you to protest the proposed modification of the CTBID assessment. RECE\VEO AUG 1 O 2020 OF CARLSBAD C\1'Y ERK'$ OFFICE C\TY CL My reason for protesting this assessment is the current climate regarding the COVID-19 pandemic. Not only is this pandemic a fluid situation economically but also socia lly. The general public has lost income as well as the ability to travel feeling safe. This increased assessment is an unneeded strain on the hospitality industry and ou r guests at this time. The hospitality industry is already facing waves of cancellations, shutdowns, negative consumer sentiment, decreased prices for lodging, less nights booked, and increasing costs coupled with heightened safety measures. lt ls my hope other buslness owners wlthln the CTBlD wrlte lnto the Clty to protest thls assessment so our voices can be heard. I believe the City of Carlsbad will do what is right for our local business owners and those who come to visit our wonderful city. Sincerely, Annette Granstedt Owner/Trustee of Annette Granstedt Revocable Living Trust Sept. 1, 2020 Item #4 Page 32 of 34 4668 Nebo Drive, La Mesa, California 91941-5200 www.helmmanagement.com To: Office of the County Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92001 Re: CTBID Assessment Rate Increase To Whom It May Concern: (619) 589-6222 -Fax: {619) 466-6499 thehelm@helmmanagement.com August 11, 2020 As the management agent (The Helm Management Co.) for two commercial properties currently paying the assessment, we want to protest the subject increase rate to 2% of the gross short term rental income. Both properties located at, 3200 Carlsbad Blvd., Carlsbad, CA 92001, Tamarack Beach Resort Hotel and Tamarack Beach Resort Vacation Owners Association are now paying the assessment. With the Covid-19 crisis resulting in lower incomes and the uncertain future, the owners of the Hotel and the Board of the timeshare association feel this is not the proper time for the business economy to justify this increase. Sincerely, ~~M Real Estate ~=:~M ACCREDITED MANAGEMENT ORGANIZATION® ' CERTIFIED PROPERTY MANAGER® Sept. 1, 2020 Item #4 Page 33 of 34 August 17, 2020 Office of the City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Re: Modification of CTBID Assessment Rate To Whom It May Concern: RECEIVED AUG 20 2020 CITY OF CARLSBAD CITY CLERK'S OFFICE We own a STVR within the coastal area of Carlsbad. At this time, we are opposed to modification of the assessment rate as set forth in the Resolution of Intention we received by mail. We are not opposed in general to the modification, we are opposed at this time due to Covid- 19. We feel with the general decline of the economy, now is not the time to impose additional assessments. At such time as the economy recovers, we would be willing to reconsider and revisit the issue. Sincerely, ~~~ John and Lorna Hoopes Property located at: Carlsbad, CA 92008 Sept. 1, 2020 Item #4 Page 34 of 34 Cheryl Gerhardt, Finance Manager September 1, 2020 Carlsbad Tourism Business Improvement District Assessment Modification Public Hearing CTBID Assessment Modification •July 14 Council adopted Resolution of Intention to Modify the CTBID •August 25 Council approved Modified annual report and introduced ordinance modifying the CTBID and help public meeting •Tonight, we are asking Council to take the following actions: •Hold public hearing on the modification of the assessment •Adopt ordinance amending CMC 3.37.050 •Adopt resolution confirming modified annual report CTBID Hearing Process •Hold Hearing •Consider Protests •If majority protest, no further steps for one year •If no majority protest, adopt resolution confirming the annual report and levying the assessment for FY 2020-21 Carlsbad Tourism Business Improvement District Public Hearing