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
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{city of
Carlsbad
Carlsbad Golf Lodging Business
Improvement District -Public Hearing
Public Hearing
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{city of
Carlsbad