Loading...
HomeMy WebLinkAbout2017-06-27; City Council; ; Introduce an Ordinance Amending Carlsbad Municipal Code Chapter 3.38 by Adding Section 3.38.095 Opting Out of the Carlsbad Golf Lodging Business Improvement District andPage 123 ~ CITY COUNCIL ~ Staff Report CAReview ~ Meeting Date: To: From: Staff Contact: Subject: June 27, 2017 Mayor and City Council V Kevin Crawford, City Manage ~" Cheryl Gerhardt, Finance Cheryi.Gerhardt@carlsbadca.gov or 760-602-2430 Introduce an Ordinance Amending Carlsbad Municipal Code Chapter 3.38 by Adding Section 3.38 .095 Opting Out of the Carlsbad Golf Lodging Business Improvement District and Adopt a Resolution Appointing One Member to the Carlsbad Golf Lodging Business Improvement District Advisory Board Recommended Action Introduce an ordinance amending Carlsbad Municipal Code Chapter 3.38 by adding Section 3.38.095 Opting Out of the Carlsbad Golf Lodging Business Improvement District and adopt a resolution appointing one member to the Carlsbad Golf Lodging Business Improvement District Advisory Board. Executive Summary Currently, the city does not have a procedure for existing Carlsbad Golf Lodging Business Improvement District (CGLBID) businesses to opt out ofthe district assessments, only procedures on how to opt in. To address this issue, staff has prepared an amendment to Carlsbad Municipal Code Chapter 3.38 to add a procedure to allow a hotel business to opt-out of the CGLBID. Section 3.38.100 provides in relevant part that the members and duties of the CGLBID Advisory Board shall be set forth by resolution (Exhibit 3). Resolution No. 2012-221, Section 11, allows up to a seven (7) member advisory board. The current CGLBID Advisory Board consists of four members. In an effort to ensure Board business can be conducted in a timely manner and with a quorum, the Board has requested the Council authorize the appointment of one additional member. Discussion An inquiry was made by one ofthe lodging businesses in the CGLBID regarding how to opt out of the district. Carlsbad Municipal Code (CMC) section 3.38.050 sets forth procedures for a hotel business to join the CGLBID, Chapter 3.38 is silent on how to opt out of CGLBID and what happens to a hotel business' funds once the hotel business is no longer part of the district. The attached ordinance (Exhibit 1) amends the CMC Chapter 3.38 by adding a new Section 3.37 .095 to allow for a hotel to opt out of the CGLBID and provides the exiting hotel a 180-day period (July 1 to December 28) to seek reimbursement for any authorized expenditures incurred before exiting the CGLBID from any remaining funds. Any funds remaining after the 180-day period will remain with the CGLBID for administrative costs. Page 124 The proposed amendments to CMC Chapter 3.38 were presented to the CGLBID Board at its March 8, 2017 meeting and the CGLBID Board recommends that the City Council approve the proposed amendment. Resolution No. 2012-221, the original resolution regarding the formation of the district, allows for a board of no less than three and no more than seven members. The current board consists of three member representatives and one golf representative. In order to increase the ease of obtaining a meeting quorum, the Board would like to add one additional representative from the district membership. The additional member would be Gary Sims from Omni La Costa Resort. In the future, the Board may request up to two additional appointments, creating a seven member board. This position appointment will serve for a four-year term. The other board members are Timothy Stripe, Grand Pacific Resorts; Ulrich Samietz, Park Hyatt Aviara; Hector Becerra, Carlsbad By the Sea; and, Tate Stull, of the Crossings Carlsbad. Members of the CGLBID Board are subject to the provisions of the Political Reform Act and must file a Statement of Economic Interests. Fiscal Analysis There is no fiscal impact at this time. Next Steps Introduce an Ordinance amending Carlsbad Municipal Code Chapter 3.38 by adding section 3.38 .095 Opting Out of the Carlsbad Golf Lodging Business Improvement District. Appoint Gary Sims from Omni La Costa Resort to the CGLBID Advisory Board. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that is has no potential to cause either a d i rect 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 amending Carlsbad Municipal Code Chapter 3.38 by adding section 3.38.095 Opting Out ofthe Carlsbad Golf Lodging Business Improvement District. 2. Chapter 3.38-Addition/strikeout. 3. Resolution 2012-221. 4. Resolution appointing Gary Sims from Omni La Costa Resort to the CGLBID Advisory Board. 5 . Letter from Gary Sims requesting appointment to the CGLBID Board. 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: EXHIBIT 1 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 II II II II II II II II II - 1 - Page 126 EXHIBIT 1 INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on the day of _____ ,2017, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of _____ , 2017, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney -2- MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk (Seal) Page 127 Chapter 3.38 CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT DISTRICT 3.38.010 Definitions. 3.38.020 Procedure and findings. EXHIBIT2 3.38.030 Establishing the Carlsbad Golf Lodging Business Improvement District. 3.38.040 Boundaries. 3.38.050 Levy and collection 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. 3.38.095 Opting out of 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 of the Carlsbad Municipal Code. (Ord. CS-194 §I, 2012) 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 (Sections 36500 et seq., of the Streets and Highways Code) (the "law"). A. On September 11,2012, the city council of the City of Carlsbad adopted Resolution No. 2012-221 entitled, "A Resolution of Intention ofthe City Council ofthe City of Carlsbad, California, Declaring the Intention of the City Council to Establish the Carlsbad 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 Resolution 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 meeting concerning the formation of said district was held before the city council of the City of Carlsbad on September 25, 2012 at 6:00p.m. in the council chambers ofthe City Hall ofthe City of Carlsbad. D. Pursuant to said Resolution No. 2012-221, a public hearing concerning the formation of said district was held before the city council of the City of Carlsbad on November 6, 2012 at 6:00p.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 action 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. Page 128 EXHIBIT2 G. Following such hearing, the city council hereby finds that the Carlsbad hotels opting in to the district, in the opinion of the city council, will be benefited by the expenditures of funds raised by the assessment or charges proposed to be levied hereunder. (Ord. CS-194 § I, 2012) 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 initial members of the advisory board shall be set forth in a separate resolution adopted by the city council. (Ord. CS-194 §I, 2012) 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. (Ord. CS-194 §I, 2012) 3.38.050 Levy and collection of assessments. The CGLBID members will include all lodging businesses within the City of Carlsbad 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 requesting 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. Participating 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 Carlsbad based upon a flat fee oftwo dollars 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 dollars per occupied room per night in revenues for the previous month. New hotel businesses within the boundaries ofthe 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 international treaty. (Ord. CS-194 §I, 2012) 3.38.055 Refund of assessments. A. When not otherwise 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, Page 129 EXHIBIT2 but not actually due te the CGLBID 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 Carlsbad finance director setting forth the facts and reasons which justify the request. C. The finance director shall investigate the request and forward the request and his or her recommendation to the CGLBID advisory board. D. The CGLBID advisory board shall make written findings that support the authorization for refund and shall send to the city manager regular reports of assessments refunds exceeding $10,000.00. E. Upon receipt of proper authorization, the finance director shall make the assessment refund. F. All requests for refund of assessments fees paid in error shall be made within one year of the date in which the assessment payment made in error was posted to the CGLBID account. (Ord. CS-194 §I, 2012) 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. (Ord. CS-194 §I, 2012) 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 of the City of Carlsbad shall consider recommendations as to the use of said revenue made by the advisory board created by Section 3.38.100 ofthis chapter. (Ord. CS-194 §I, 2012) 3.38.080 Penalty for nonpayment of assessment. Any hotel business that fails to remit any assessment imposed by this chapter within the time required shall pay a penalty of 10% of the amount of the assessment in addition to the amount of the assessment. Any hotel business that fails to remit any delinquent remittance on or before a period of 30 days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of 10% of the amount of the assessment and the 10% 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 until paid. (Ord. CS-194 §I, 2012) Page 130 EXHIBIT2 3.38.090 Assessments to be used within the district. The improvements and activities to be provided in the CGLBID will be fimded by the levy of the assessments. The revenue from the levy of assessments within the CGLBID shall not be used to provide improvements or activities outside the CGLBID or for any purpose other than the purposes specified in the resolution of intention. (Ord. CS-194 §I, 2012) 3.38.095 Opting out of the district. A s 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 pmt 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 fimds. After 180 days, any remaining funds of that hotel business shall revert to the CGLBID for administrative costs . 3.38.100 Advisory board. The advisory board for the district is hereby created pursuant to Section 36530 ofthe law. The initial members and the powers and duties of the advisory board shall be set forth in a separate resolution adopted by the city council. It shall be the purpose of the advisory board to make recommendations to the city council on expenditures for the progrmns and activities of the CGLBID , to make recommendations for its annual budget to be approved by the city council, and to provide end-of-year fmancial reports of the CGLBID operations as required by the city council. The city attorney shall serve as the general counsel ofthe advisory board. (Ord. CS-194 §I, 2012) 3.38.110 Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter. The city council hereby declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections , sentences, clauses or phrases hereof be declared invalid or unconstitutional. (Ord. CS-194 §I, 2012) Page 131 1 2 J 4 5 6 7 8 9 10 ·u 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2() 27 28 EXHIBIT 3 RESOLUTION NO. 2012-221 A RESOLUTION OF THE CITY COUNCIL OF THE; CllY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO FORM THE .CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT DISTRICT, FiXING THE TIME AND PLACE OF A PUBLIC MEETING AND PUBLIC HEARING THEREON, AND GfVING NOTICE THEREOF WHEREAS, the City of Carlsbad {"City") desires to est~blish a Business . . . Improvement District ("BID") which shall be calted the Carlsbad Golf Lodging Business Improvement District ("CGLBID") and levying an assessment on lodging businesses within the CGLBID boundaries; and WHEREAS, the. Parking and Business Improvement Are~ Law of 1989, . . Streets and Highways Code §36500 et.seq., authorizes cities and counties to establish "parking and business improvement areas for the purpose of tourism promotion; and . ' WHEREAS, lodging business owners within the proposed. CGLBID · have requested the Carlsbad City. Council establish such an improvement area; and . WHERE~S, lodging businesses have facilitated the request to form the CGLBID and the City Council desires to establish an advisory board to make reports and · recommendations to it regarding the activities provided by the proposed CGLBID. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 1. · The above recitations are true and correct.· 2. The City Council declares its intention to form the CGLBrD and to levy and . collect assessments within the CGLBID boundaries pursuant to the Parking ' and Business Improvement Area Law of 1989, Streets and Highways Code §36500 et seq. The boundaries ofthe·CGLBID shall be the boundaries ofthe City of Carlsbad. The district shall include all lodging businesses which have I~ Page 132 1 2 3 4 5 6 7 . 8 9 10 11 12 13 14 . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. voluntarily submitted a signed request to the City Clerk to be included. Once _ a lodging business has submitted a signed request to be included, the assessment shall be mandatory. The name of the area shall be the Carlsbad Golf Lodging Business Improvement District. The District shall be created for a on~year term and ' ' may be renewed annually in accordance with Streets .and Highways Code §36532 . The City Council intends to form the CGLBID to promote golf-related tourism wit~in 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. · The proposed CGLBID will include all lodging businesses within the City of Carlsbad 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 requesting inclusion. . Participating businesses will be listed in the annual report submitted to the City. New businesses-opening duri_ng the term of the district will receive notice of the opportunity to be included at least thirty days prior to the annual hearing. The assessment is proposed to be levied on all participating lodging businesses, existing and in the future, within the CGLBID based upon $2.00 per occupied paid room per night. Exeept where funds are otherwise available, an assessment will be levied annually to pay for the programs and activities within the district. New ·lodging businesses within the CGLBID boundaries, which elect to participate in the district, will not be exempt from t Page 133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the levy of assessment as authorized by Streets and Highways Code §36531. TheCGLBID assessment shall not include stays over thirty days, or stays by any federal or state employee whe.n on government business. 7. The total CGLBID assessment collected in year one is estimated to be $200,000. The funds raised shall be spent to promote golf-related overnight stays within the boundaries of the CGLBID and pay for related administrative· costs. The. assessments p13id by each assesse shall be forwarded ·to that assesse tq provide the golf-related stay tourism promotion services. 8. 9. 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 Resolution.· Upon . withdrawal· of any business from the CGLBID, any remaining funds collected from that business will be spent consistent with the provisions of the Carlsbad Tourism Business Improvement District. Upon termination of the CGLBID, any remaining funds will be spent consistent with· the provisions of the Carlsbad Tourism Business Improvement District. The City of Carlsbad will collect the assessment on a monthly basis from the lodging ~usinesses within the CGLBID. The City of Carlsbad will retain four percent (4 pereent) or actual. costs if higher of. the amount collected to cover costs of collection. 10. Each lodging business assessed by the CGLBID shall submit a quarterly accounting of expenses for CGLB!D activities to the advisory board. The advisory board shall review the quarterly accounting for compliance with CGLBID regulations and report the amount expended on allowed CGLBID Page 134 1 2 3 4 5 6 7 8 9 10 activities to the City. Upon approval by the advisory board, the City shall reimburse each business for CGLBID-activity-related expenses in an amount not to exceed the amount of assessment collected from that business minus administrative costs. of four percent (4 percent) or actual costs if higher. 11. The City Council shall make all· appointments to the CGLBID advisory board. There shall pe at least three, and no more than seven, members · . appointed to the advisory board. Initially the board's three members would be a golf representative, two member representatives and a non-voting city staff member. 11 12. The CGLBID advisory board shall submit an annual report, which shall 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 include a budget for operations and an identification of the marketing efforts to be undertaken by the CGLBID for the ensuing calendar year, to the Carlsbad City Council pursuant to Streets and Highways Code §36533. The annual report will include a listing of the lodging businesses proposed to be included in the CGLBID for the following year and a signed affirmation of intent to be included in the CGLBID for the following year from each business. 13. The time and place for a public meeting for comments on the proposed CGLBID and the levy of assessments are set for September 25, 2012 in the City Council chambers located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. 14. The time and pia® for the publici hearing to form the CGLBID and levy assessments are set for November 6, 2012 in the City Council chambers located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. Page 135 1 15. At the public meeting and public hearing the testimony of all interested 2 3 4 5 .6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 per$ons for or against forming the CGLBID, the extent of the CGLBID, or the furnishing of specified types of improvements or activities will be heard. ·16. A protest against forming the CGLBID, the extent of the CGLBID, or th.e furnishing of a specified type of program or activity, as provided in Streets and Highways Code §36524, may be made in writing. To count in a protest against t~e CGLBID, a protest 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 wri.tten evidence that the person . is the ·owner of the. business. If the owner of the business is a corporation, LLC, partnership or · other legal entity, the authorized representatives for the entity shall be authorized ·to sign the protest. 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 Clerk of the City of Carlsbad before the close of the public hearing ·scheduled herein, and may be delivered or mailed to tne City Clerk at 1200 Carlsbad Village Drive •. Carlsbad, CA 92008. 17. ·If, at the conclusion of the public hearing, there are of record written protests by the participating owners of businesses within the CGLBID that will collectively pay fifty percent (50 percent) or m·ore of the total CGLBID !0 Page 136 assessment, · no further proceedings to form . the CGLBID shall occur for a period of one year from the qate of the finding of a majority. protest. If the majority of written protest is only as to a proposed· improvement or activity, . . then that type of improvement or activity shall not be included in the CGLBID .. 18. Further information regarding the proposed CGLBID may be obtained from the City Clerk; at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. · 19. The City Clerk is instructed to provide n-otice of the public meeting and public hearing as follows: a. Publish this Resolution of ·Intention in a newspaper of general circulation in the City of Carlsbad at least seven days before the hearing; and b. Mail a complete copy of this Resolution of Intention to each and every business owner proposed to be assessed in the CGLBJO within seven days of the adoption of this Resolution. . . 20. This resolution shall take effect immediately upon its adoption, and the City Clerk shall certify the vote adopting this resolution. Page 137 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 2 of the City of Carlsbad on the 11th day of September 2012, by the following vote to wit: 3 4 5 6 7 8 9 10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .27 28 AYES: Council Members Hall, Kulchin, Blackburn; Douglas and Packard. . NOES: None. ABSENT: None. ATTEST: LORRAINE M. WOOD, City Clerk {SEAL} I~ RESOLUTION NO. 2017-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPOINTING ONE MEMBER TO THE CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT DISTRICT BOARD Exhibit 4 WHEREAS, there is a vacancy on the Carlsbad Golf Lodging Business Improvement (CGLBID) Board; and WHEREAS, the CGLBID Board requests an additional appointment to the Board; and WHEREAS, Omni La Costa is a member hotel; and 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 of the City of Carlsbad hereby appoints the following member to serve on the CGLBID Board, for a four year term: Gary Sims PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of June, 2017, by the following vote, to wit: AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: None. ABSENT: None. (SEAL) Page 139 OMNI ' ·~ HoTELS & RESORTS April18, 2017 The Honorable Matt Hall Mayor of Carlsbad City of Carlsbad 1635 Faraday Avenue Carlsbad,CA 92008 Dear Mayor Hall, Exhibit 5 RECEIVED APR 2;0 2017 CITY OF CARLSBAD CITY CLERK'S OFFICE Thank you for considering my request to serve on the Carlsbad Golf Lodging Business Improvement District Board. It would be my honor to represent and serve the City of Carlsbad in this capacity. As you know, Omni La Costa Resort & Spa has two award-winning 18-hole golf courses, so golf is very much of an interest for me personally as well as for the resort and the community at large. I look forward to being an active advocate of the CGLBID Board for The City of Carlsbad, as well as to enhance its work through my personal and professional connections. I look forward to receiving more information on this appointment in 2017. ()rr·,:"!t La C•_:.st:) Re~o r t ::~ Spa 2 10 0 Co:~tn Q ;.~J i·.:J c~r Roa(i • C ~J r l~bt1 CL C,e:... • 9200':3 7h0 -~::;8-9 l i i • 760-930 .. 7087 t\~x o n-~n ir•ci :e i 5.L:o rn THIS PAGE WAS INTENTIONALLY LEFT BLANK Page 140