HomeMy WebLinkAbout2020-06-23; City Council; ; Levy of Annual Assessment for the Carlsbad Golf Lodging Business Improvement District for Fiscal Year 2020-21CA Review CKM
Meeting Date: June 23, 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: Levy of Annual Assessment for the Carlsbad Golf Lodging Business
Improvement District for Fiscal Year 2020‐21
Recommended Action
Hold a public hearing on the levying of an assessment for the Carlsbad Golf Lodging Business
Improvement District and, in the absence of a majority protest, adopt a resolution confirming
the district’s advisory board’s annual report and levying the assessment for fiscal year 2020‐21.
Executive Summary/Discussion
The Carlsbad Golf Lodging Business Improvement District1 provides funds for the improvements
and activities of the hotels and resorts participating in the district. It is funded by a $2 per
occupied room per night fee for all guests at the properties of the businesses participating.
The eight hotels that have opted to participate in the district for fy 2020‐21 are:
Sheraton Carlsbad Resort & Spa
Grand Pacific Palisades Resort
Park Hyatt Aviara Resort Golf Club & Spa
Omni La Costa Resort & Spa
Carlsbad by the Sea Hotel
The Westin Carlsbad Resort & Spa
Hilton Garden Inn Carlsbad Beach
Cape Rey Carlsbad Beach
Each fiscal year, before the City Council may levy the assessment, the district’s advisory board
must submit a report describing the improvements and activities to be funded by the
assessment for the City Council’s review.
For the assessment to be levied, the City Council must approve the report, adopt a resolution of
intention to levy the assessment and hold a public hearing. At its meeting on June 2, 2020, the
City Council approved the Carlsbad Golf Lodging Business Improvement District Advisory
1 The City Council formed the Carlsbad Golf Lodging Business Improvement District in 2012 when it adopted
Ordinance No. CS‐194 (Carlsbad Municipal Code Chapter 3.38).
June 23, 2020 Item #11 Page 1 of 4
Board’s annual report, adopted a resolution of intention to levy and collect an assessment for
the 2020‐21 fiscal year and scheduled this public hearing on the levy of the assessment.
At tonight’s public hearing, the City Council must consider any oral or written protests. Written
protests must be submitted to the city clerk at or before the time set for the public hearing.
Written protests must contain sufficient information to identify the affected business and to
show the person submitting the protest is the business owner or is authorized to speak on
behalf of the business owner. If, following the public hearing, there are written protests from
affected business owners that will pay 50% or more of the assessments proposed to be levied,
the City Council may not take any further action to levy the proposed assessment for one year.
In the absence of a majority protest on the levy of the assessment, the City Council may adopt a
resolution confirming the district advisory board’s report, which will constitute the levy of the
assessment for fy 2020‐21.
Fiscal Analysis
For fy 2020‐21, the district’s $2 per room per night assessment is estimated to generate
$500,000 in revenues to be used for the improvements and activities of the hotels and resorts
participating in the district.
Next Steps
If the City Council confirms the district advisory board’s report and levies the assessment, the
assessment will go into effect July 1, 2020.
Environmental Evaluation (CEQA)
In keeping with Public Resources Code section 21065, this action does not constitute a
“project” within the meaning of the 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
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 scheduled meeting date. In
addition, in accordance with California Streets and Highways Code Section 36534(b), the city
clerk gave notice of the public hearing by publishing the resolution of intention in a newspaper
of general circulation in the city not less than seven days before the public hearing.
Exhibits
1. City Council resolution
June 23, 2020 Item #11 Page 2 of 4
RESOLUTION NO. 2020-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONFIRMING THE ADVISORY BOARD'S REPORT AND LEVYING
THE ASSESSMENT FOR FISCAL YEAR 2020-21 FOR THE CARLSBAD GOLF
LODGING BUSINESS IMPROVEMENT DISTRICT (CGLBID)
EXHIBIT 1
WHEREAS, the CGLBID was formed in accordance with the Parking and Business Improvement
Area Law of 1989 (Cal. Streets and Highways Code, § 36500 et seq.); and
WHEREAS, on June 2, 2020, the City Council adopted a resolution (1) approving the CGLBID
Advisory Board's annual report, (2) indicating an intention to levy an assessment for fiscal year 2020-
21, and (3) setting a public hearing on the levy of the assessment for June 23, 2020 (resolution of
intention); and
WHEREAS, the city clerk published the resolution of intention in a newspaper of general
circulation in the city not less than seven days before the public hearing; and
WHEREAS, on June 23, 2020, the City Council conducted a public hearing on the levy of the
assessment and considered all protests against the levy of the assessment; and
WHEREAS, the City Council did not receive written protests from affected business owners that
will pay 50% or more of the proposed assessments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Council confirms the CGLBID Advisory Board's annual report, which is on
file in the city clerk's office.
3. That the district includes the following eight hotels that have opted into the district:
• Sheraton Carlsbad Resort & Spa
• Grand Pacific Palisades Resort
• Park Hyatt Aviara Resort Golf Club & Spa
• Omni La Costa Resort & Spa
• Carlsbad by the Sea Hotel,
• The Westin Carlsbad Resort & Spa
• Hilton Garden Inn Carlsbad Beach
• Cape Rey Carlsbad Beach
June 23, 2020 Item #11 Page 3 of 4
EXHIBIT 1
4. That the assessment to be levied shall be a flat fee of $2.00 per occupied room per night
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 same
manner as payment of transient occupancy tax.
5. That the adoption of this resolution shall constitute the levy of the assessment for the
CGLBID for fiscal year 2020-21, beginning July 1, 2020 through June 30,2021.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 23rd day of June, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
MATT HALL, Mayor
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June 23, 2020 Item #11 Page 4 of 4
NOTICE OF HEARING ON RESOLUTION OF INTENTION
NOTICE IS HEREBY GIVEN that on June 2, 2020, the City Council of the City of Carlsbad adopted Resolution No.
2020-094, declaring an intention to levy and collect annual assessments for the Carlsbad Golf Lodging Business
Improvement District (CGLBID), and setting a public hearing date for 3:00 p.m. on June 23, 2020, at 1200 Carlsbad
Village Drive, Carlsbad, California.
RESOLUTION NO. 2020-094 provides as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CARLSBAD
GOLF LODGING BUSINESS IMPROVEMENT DISTRICT (CGLBID) ANNUAL REPORT, DECLARING AN INTENTION TO
LEVY AND COLLECT AN ANNUAL ASSESSMENT AND SETTING A PUBLIC HEARING DATE
WHEREAS, the CGLBID was formed in accordance with the Parking and Business Improvement Area Law
of 1989 (California Streets and Highways Code, § 36500 et seq.); and
WHEREAS, the CGLBID boundaries are the boundaries of the City of Carlsbad; and
WHEREAS, the CGLBID Advisory Board must present an annual report to the City Council for approval
for each fiscal year for which assessments are to be levied and collected to pay the cost for the improvements
and activities described in the report; and
WHEREAS, the CGLBID Advisory Board submitted an annual report (Attachment A, on file in the Office
of the City Clerk) to the City Council for fiscal year 2020-21; and
WHEREAS, after the City Council approves the annual report, the City Council must adopt a resolution
declaring its intention to levy and collect assessments for fiscal year 2020-21; and
WHEREAS, the assessments will generally be spent to promote golf-related tourism within the CTLBID
boundaries, for marketing related capital improvements, such as golf-related signage and equipment, and to pay
related administrative costs; and
WHEREAS, the amount of the proposed assessment and a full and detailed description of the activities
to be conducted and funded in fiscal year 2020-21 are included in Attachment A (on file in the Office of the City
Clerk).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the annual report (Attachment A, on file in the Office of the City Clerk) is approved as
submitted by the CGLBID Advisory Board.
3. That for fiscal year 2020-21, the City Council intends to levy and collect from participating
businesses in the CGLBID an assessment of $2 per occupied room per night for all transient
occupancies.
4. That the City Council will hold a public hearing at 3 p.m. on June 23, 2020 on the levying of the
annual assessments.
5. That at the public hearing, the City Council will consider any oral or written protests to the
levying of the assessments. Written protests must be submitted to the city clerk at or before the
time set for the public hearing. Written protests must contain sufficient information to identify
the affected business and to show the person submitting the protest is the business owner or is
speaking on the business owner's behalf. If, following the public hearing, there are written
protests from affected business owners that will pay 50 percent or more of the proposed
assessments, the City Council will not take any further action to levy the proposed assessments
for one year.
That the city clerk is directed to give notice of the public hearing by causing this resolution of intention
to be published once in a newspaper of general circulation in the city not less than seven days before the public
hearing.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of Carlsbad on
the 2nd day of June 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS:
ABSENT:
None.
None.
Copies of the staff report will be available on and after June 19, 2020. If you have any questions, please contact
Cheryl Gerhardt in the Finance Department at 760-602-2468 or cheryl.gerhardt@carlsbadca.gov.
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 ofthe COVID-19 pandemic by holding City Council
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PUBLISH DATE: June 12, 2020
CITY OF CARLSBAD
CITY COUNCIL
Cheryl Gerhardt
June 23, 2020
Carlsbad Golf Lodging Business
Improvement District
Public Hearing to Levy Annual Assessment
June 2, 2020 Council Meeting
•Approved annual report
•Adopted resolution of intention to levy and collect annual assessment in FY 2020-21
•Scheduled Public Hearing for June 23
CGLBID 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 Golf Lodging
Business Improvement
District
Public Hearing