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Home My WebLink About2005-09-13; City Council; Resolution 2005-2811 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 RESOLUTION NO. 2 0 0 5- 2 8 1 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THE INTENTION OF THE CITY COUNCIL TO ESTABLISH THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT (CTBID), FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the City of Carlsbad is interested in establishing a Business Improvement District (“BID”) which shall be called the Carlsbad Tourism Business Improvement District (CTBID) and levying an assessment on hotels within the Carlsbad Tourism Business Improvement District boundaries, and WHEREAS, the Parking and Business Improvement Area Law of 1989 Section 36500 et seq. of the Streets and Highways Code authorizes cities to establish parking and business improvement areas for the purpose of promoting tourism, and WHEREAS, hotel owners within the Carlsbad Tourism Business Improvement District (CTBID) have requested the Carlsbad City Council to establish such an improvement area, and WHEREAS, the Carlsbad Convention and Visitors Bureau (CCVB) has facilitated the request to form the CTBID and the City of Carlsbad desires to establish an Advisory Board to make reports and recommendations to the City Council regarding the activities provided by the proposed CTBID; does hereby resolve, determine and find as follows: NOW THEREFORE BE IT RESOLVED the City Council of the City of Carlsbad 1. 2. The recitals set forth herein are true and correct. The City Council declares its intention to establish the Carlsbad Tourism Business Improvement District and to levy and collect assessments within the CTBID boundaries pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. The boundaries of the CTBID shall be the boundaries of the City of Carlsbad. 3. The name of the area shall be the Carlsbad Tourism Business Improvement District. 4. The City Council intends to form a BID to administer marketing and visitor programs to promote the City of Carlsbad as a tourism visitor destination and to fund programs and activities that benefit hotels within the boundaries of the district. 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 5. The proposed CTBID will include all hotels within the boundaries of the CTBID boundaries. The assessment is proposed to be levied on all hotel businesses, existing and future, within the City of Carlsbad based upon a flat fee of $1 .OO per occupied room per night for all transient occupancies as defined in section 3.12.020(7) of the Carlsbad Municipal Code. Except where funds are otherwise available, an assessment will be levied annually to pay for the projects, programs and activities within the district. The assessment will be collected monthly based on $1 .OO 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 as authorized by Section 36531. Pursuant to the City of Carlsbad’s transient occupancy tax ordinance, 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. As used in this Resolution, “hotel” shall have the meaning defined in section 3.12.020(1) of the Carlsbad Municipal Code. The proposed CTBID shall not include occupancies by any federal or state officer or employee when on official business. The proposed CTBID shall not include occupancies by owners in timeshare units, but shall include short-term stays in timeshare units. 6. The CTBID proposed annual assessment in year one totals approximately $874,000. The funds raised shall be spent to promote tourism within the boundaries of the CTBID, pay for related administrative costs of the corporation, and to repay the loan of $33,500 advanced to CCVB by the City Council pursuant to Resolution No. 2005- 094. Funds remaining at the end of any CTBID term may be used in subsequent years in which CTIBID assessments are levied as long as they are used consistent with the requirements of this Resolution. The City of Carlsbad will collect the assessments monthly from the hotels within the boundaries of the CTBID and receive an administrative fee of 2% of the revenues collected, to reimburse it for those services. The City of Carlsbad will collect the assessment on the same form as that used for the collection of Transient Occupancy Tax receipts. The City of Carlsbad Finance Director shall establish accounting, auditing and receipting standards for the CTBID. 7. 8. The City Council shall make all appointments to the CTBID Advisory Board. 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 9. The CTBID Advisory Board shall submit an annual report, which shall include a budget for operations and an identification of the marketing efforts to be undertaken by the CTBID for the ensuing calendar year, to the Carlsbad City Council pursuant to Section 36533. IO. The time and place for the public meeting for comments on the proposed CTBID and the levy of the assessments is set for October I1 , 2005 at 6:OO p.m. at the City of Carlsbad, City Council Chambers, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California. The time and place for the public hearing to establish the CTBID and the levy of the assessments is set for November 8, 2005 at 6:OO p.m. at the City of Carlsbad, City Council Chambers, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California. 12. At the public hearing the testimony of all interested persons for or against the establishment of the area, the extent of the area, or the furnishing of specified types of improvements or activities will be heard. 11. 13. A protest against the establishment of the CTBID, the extent of the CTBID, and the furnishing of a specified type of improvement or activity, as provided in Section 36524, may be made in writing. To count in the majority protest against the CTBID, a protest must be in writing. A written protest may be withdrawn from writing at any time before the conclusion of the public hearing. Each written protest shall contain a written 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. If the owner of the business is a corporation, LLC, partnership or other legal entity, the authorized representative for the entity shall be authorized to sign the protest. Any written 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 of the City of Carlsbad before the close of the hearing scheduled herein and may be delivered or mailed to the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008. 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 14. If at the conclusion of the public hearing, there are of record, written protests by the owners of the businesses within the CTBID that will pay fifty percent (50%) or more of the total assessments of the entire CTBID, no further proceedings to create the CTBID shall occur for a period of one year from the date of the finding of a majority protest. New proceedings to form the CTBID shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the City Council. If the majority of written protests is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the CTBID. 15. Further information regarding the proposed Carlsbad Tourism Business Improvement District may be obtained from the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008. 16. The City Clerk is instructed to provide notice of the public hearing as follows: a. Publish this Resolution of Intention in a newspaper of general circulation in the City of Carlsbad once, at least seven (7) days before the hearing. b. Mail complete copy of this Resolution of Intention to each and every business owner proposed to be assessed in the CTBID within seven (7) days of the adoption of this Resolution by the City Council. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certtfy to the vote adopting this resolution. 17. Ill Ill Ill Ill Ill Ill Ill Ill Ill 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 13th day of September 2005 by the following roll call vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard NOES: None ABSENT: Council Member Sigaf oose Ill Ill Ill Ill Ill Ill Ill Ill Ill CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOb;-eity Clerk Karen R. Kundtz, Assistant City Cle (SEAL)