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HomeMy WebLinkAbout2022-06-21; City Council; ; Levy of Annual Assessment for Carlsbad Golf Lodging Business Improvement District for Fiscal Year 2022-23CA Review CKM Meeting Date: June 21, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Matt Sanford, Economic Development matt.sanford@carlsbadca.gov, 442-339-5987 Subject: Levy of Annual Assessment for Carlsbad Golf Lodging Business Improvement District for Fiscal Year 2022-23 District: All 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 Advisory Board’s annual report and levying the assessment for fiscal year 2022-23. Executive Summary The Carlsbad Golf Lodging Business Improvement District Advisory Board is required to present an annual report for the City Council’s review and approval for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. At its meeting on June 7, 2022, the City Council approved the Advisory Board’s annual report, declared an intention to levy and collect an annual assessment in fiscal year 2022-23, and set a public hearing on the levying of the proposed assessments. The next required step in this annual process is for the City Council to hold this public hearing on the levying of the assessment. At the conclusion of the public hearing, in the absence of a majority protest against the levying of the assessment by businesses in the district that will pay 50% or more of the assessment, the City Council may confirm the Advisory Board’s annual report and levy the assessment. Discussion The district was formed in 2012 under the Parking and Business Improvement Law of 1989 (California Streets and Highways Code Section 36500 et seq.). It is funded by the levying and collection of an assessment of $2 per occupied room per night for all transient occupancies of the properties within the city that have elected to be part of the district. The assessment proceeds are used to promote golf-related tourism within the district, for marketing related capital improvements such as golf-related signage and equipment and to pay for related administrative costs. (Carlsbad Municipal Code Section 3.38.070.) June 21, 2022 Item #12 Page 1 of 5 The eight hotels that have opted to participate in the Carlsbad Golf Lodging Business Improvement District for fiscal year 2022-23 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 following steps are required by state law: •The district Advisory Board must prepare a report describing the improvements and activities to be funded by the assessment and file the report with the City Clerk. •The City Council must approve the report, adopt a resolution of intention to levy the assessment, and set a public hearing date on the levy of the assessment. •At the public hearing, the City Council must hear and consider all protests against the levy of the assessment. If the City Council receives written protests from affected business owners that will pay 50 percent or more of the proposed assessments, the City Council may not take any further steps to levy the assessment for a period of one year.1 •At the conclusion of the hearing, if there is no majority protest, the City Council may adopt a resolution confirming the Advisory Board’s report, which will constitute the levy of the assessment for the fiscal year covered by the report. At its meeting on June 7, 2022, the City Council approved the district Advisory Board’s annual report, adopted a resolution of intention to levy and collect an assessment for the 2022-23 fiscal year, and set a public hearing on the levy of the assessment for June 21, 2022. The City Clerk published a notice of the public hearing in the form and manner required by California Streets and Highway Code Section 36534(b). For the assessments to continue, in the absence of a majority protest, the City Council is required to adopt a resolution confirming the Carlsbad Golf Lodging Business Improvement District Advisory Board’s report, which will constitute the levy of the assessment for fiscal year 2022-23. Options The City Council can either: 1)Adopt a resolution confirming the Advisory Board’s report and levying an assessment for fiscal year 2022-23. This will allow the city to levy and collect assessments in coming fiscal year. 1 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. June 21, 2022 Item #12 Page 2 of 5 2)Not approve the resolution confirming the Advisory Board’s report and levying an assessment. The levying and collection of the assessments will not continue into fiscal year 2022-23 and the district will not receive this funding to support the golf-related tourism. Fiscal Analysis For fiscal year 2022-23, the $2 per room night assessed by the district is estimated to generate $770,000 in revenues to be used for the promotion of golf-related tourism. 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, 2022. Environmental Evaluation 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 This item was noticed in keeping with the state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. In addition, in accordance with California Streets and Highways Code Section 36534(b), the City Clerk’s Office 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 21, 2022 Item #12 Page 3 of 5 RESOLUTION NO. 2022-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING THE ADVISORY BOARD'S REPORT AND LEVYING AN ASSESSMENT FOR FISCAL YEAR 2022-23 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 7, 2022, 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 2022- 23, and (3) setting a public hearing on the levy of the assessment for June 21, 2022 (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 21, 2022, 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 percent 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 21, 2022 Item #12 Page 4 of 5 4.That the assessment to be levied shall be a flat fee of $2 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 the payment of transient occupancy tax. 5.That the adoption of this resolution shall constitute the levy of the assessments for the CGLBID for fiscal year 2022-23, beginning July 1, 2022 through June 30, 2023. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 21st day of June. 2022, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby. NAYS: ABSENT: None. None. � �AVIOLA MEDINA, City Clerk Services Manager (SEAL) June 21, 2022 Item #12 Page 5 of 5 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of The San Diego Union Tribune Formerly known as the North County Times and UT North County and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for th~ City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 11 th, 2022 I certify ( or declare) under penalty of perjury that the foregoing is true and correct. Dated at TEMECULA, California t his 13th, day lune, 2022 Jane Allshouse The Sa n Diego Union Tribune Legal Advertising RESOLUTION NO. 20:u-1:n A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT, DECLARING AN INTENTIO N TO LEVY AND COLLECT AN ANNUAL ASSESSMENT ANO SETTING A PUBLIC HEARING FOR 5 P.M . ON JUNE :n, 2022 W HEREAS, the Carlsbad Lodging Business Improvement District (CGLBID) was formed In accordance with the Parking and Business Improvement Area Law of 1989 (CIIL Street s and Hi ghways Code, S 36500 e.t seq.); and WHEREAS, the CGLBID boundaries are. the. boundaries of the City of Cartsbad;and WHEREAS, the CGLBIO Advisory Board must present an annual report 10 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 ,n the report; and WHEREAS, the CGLBID Advisory Board submitted an annual report (Attachment A) to the City Council for flscal year 2022-23; and WHEREAS, efter the City Council approves the annual report, the City Council must adopt a resolution declaring its 1ntent10n to le.vy and collecl assessments for fiscal year -:1022-23; and WHEREAS, the. assessments will generally be spent to promote golf- related tourism wit h,n the CTLBIO boundaries, for marketing related capital improvements, such as golf-related slgnage and equipment, and to pa'l related administrative costs; and WHEREAS, the amount of the proposed assessments and a full and detailed description of the actlv,tles to be conducted and funded In fiscal year 202:i-23 ue included In Attachment A. NOW, THEREFORE, BE IT RESOLVED by the. City Council of the Clty of Carl$bad, California, as follows: :i. That the above recitations are true and correct. 2 . That the annual report (Attachment A) Is approved as submitted by the CGLBID Advisory Board. 3. That for fiscal year 2022-2.3, the Oty Council intends to levy and collect from participating businesses In the CGLBIO an assessment of s2 per occupied room per night for all transient occupancies. i.. Notice is hereby given that a public hearing Is scheduled for s p.m. al the Oty Council Chambers located at iioo Carlsbad V,llage Drive In Carlsbad, California on the following date: Tuesday June 21 2022 5. That at the public hearing, the Ctty Council wlll consider any oral or written protests to the levying of the assessments. Written protests must be submitted to the City Clerk's Offlce at or before the ·time. set for the public hearing. Written proter.u must contain sufficient Information to Identify the affected business and to show the person submitting the protest ls the business owner or 1s spe<1kin9 on behalf of the business owner. Following the pubhc hearing, If there are wntten protests from affected busfness owners that will pay 50 percent or mo,.e of the proposed assessments, the Oty Council will not take any further action to levy the proposed assessment for one year. 6. That the City Oerk's Office Is directed to give notice of the public hearing by causing this tesolvtlon of Intention to be published once In a newspaper orgene.ral circulat,on in the city not fess rhan se.ve.n days before the public hearing. PASSED, APPROVED AND ADOPTED at a Regular Mee.ting of the. Oty Council of the. City of Carlsbad on the Z1!l day of JWl.C, 2022, by the following vote, to wrt: AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby. NAYS: None. ASSENT: None. PUBLISH DATE: June u, 20:z2 City of Carlsbad l City Councll AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITY ~LERK DATE OF PUBLIC HEARING : 1 Ul-2- s u BJ E cT: _c_&"-'g....;_//D_____;_t iJ __ .i.L'Lei...L..;tJ=---'7--+--___,~f--1-4-!y..,----'a:"---'1:...:.....~-=-----=--.._____.___,_,__ __ _ [}f 1200 Carlsbad Village Drive, Carlsbad, CA 92008 D Other: LOCATION: ------------------ DATE POSTED TO CITY WEBSITE Ju<I\L I::> , '1-b 1..--2.., DATE NOTICES MAILED TO PROPERTY OWNERS: V'J1 fv NUMBER MAILED: I declare under penalty of perjury under the laws.of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. DEPARTMENT: ~CITY CLERK'S OFFICE □OTHER ______ _ ~ ' Signature Date SENT TO FOR PUBLICATION VIA E-MAIL TO: l}J Union Tribune on 0 /t:; /z~ D Coast News on ---- PUBLICATION DATE: Union Tribune ,\\1 V\.,l, I \ \ VO z,,z_ Coast News --------------- I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. DEPARTMENT: ~ITV CLERK'S OFFICE □ OTHER _______ _ Signature Date Attachments: 1) Mailing Labels 2) Not ice w/ attachments Carlsbad Golf Lodging Business Improvement District Levy of Annual Assessment -Public Hearing Zach Korach, Finance Director June 21, 2022 {city of Carlsbad June 7, 2022 Council Meeting •City Council approved annual report •Adopted Resolution of intention to levy and collect annual assessment in FY 2022-23 •Scheduled public hearing for June 21, 2022 {city of Carlsbad Carlsbad Golf Lodging Business Improvement District 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 2022-23 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ I ■ {city of Carlsbad Carlsbad Golf Lodging Business Improvement District -Public Hearing Public Hearing ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ I ■ {city of Carlsbad