HomeMy WebLinkAbout2023-02-07; City Council; Resolution 2023-049RESOLUTION NO. 2023-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH THE CARLSBAD
TOURISM BUSINESS IMPROVEMENT DISTRICT AND FIXING THE TIME AND
PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND
GIVING NOTICE THEREOF
WHEREAS, the City of Carlsbad created the Carlsbad Tourism Business Improvement District
(CTBID) in 2005 under the Parking and Business Improvement Area Law of 1989 by Resolution No. 2005-
281; and
WHEREAS, the City and CTBID seek to modernize the CTBID by forming a new District pursuant
to the Property and Business Improvement District Law of 1994; and
WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code §
36600 et seq., authorizes the City to establish business improvement districts for the purposes of
promoting tourism; and
WHEREAS, Carlsbad Convention and Visitors Bureau, dba Visit Carlsbad, lodging business
owners, and representatives from the City of Carlsbad have met to consider the formation of the CTBID;
and
WHEREAS, Visit Carlsbad has drafted a Management District Plan (Plan) which sets forth the
proposed boundary of the CTBID, a service plan and budget, and a proposed means of governance; and
WHEREAS, the proposed CTBID includes lodging businesses in the City of Carlsbad; and
WHEREAS, lodging business who will pay more than fifty percent (50%) of the assessment under
the CTBID have petitioned the City to establish the CTBID.
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 finds that lodging businesses that will pay more than fifty percent
(50%) of the assessment proposed in the Plan have signed and submitted petitions in support
of t he formation of the CTBID. The City Council accepts the petitions and adopts this Resolution
of Intention to establish the CTBID and to levy an assessment on certain lodging businesses
within the CTBID boundaries in accordance with the Property and Business Improvement
District Law of 1994.
3.That the City Council finds that the Plan satisfies all requirements of Streets and
Highways Code § 36622.
4.That the City Council declares its intention to establish the CTBID and to levy and collect
assessments on lodging businesses within the CTBID boundaries pursuant to the Property and
Business Improvement District Law of 1994.
5.That the CTBID shall include all lodging businesses, existing and in the future, located
within the boundaries of the City of Carlsbad, as shown in the map attached as Attachment A.
6.That the name of the district shall be Carlsbad Tourism Business Improvement District
CTBID.
7.That the annual assessment rate shall be two percent (2%) of gross short-term room
rental revenue. Based on the lack of benefit received, assessments will not be collected on
revenue resulting from occupancies of any officer or employee of a foreign government who is
exempt by reason of express provision of federal law or international treaty. Lodging businesses
may elect to pay an additional one percent (1%) assessment. The funds raised through this
additional lodging business assessment shall be used to promote golf-related programs and
activities, thereby increasing demand for room night sales for those lodging businesses that opt
in to paying the additional assessment.
8.That the assessments levied for the CTBID shall be applied toward sales and marketing
promotions, and grants programs to market assessed lodging businesses in CTBID as tourist,
meeting, and event destinations to increase demand for overnight tourism, as described in the
Plan. The proceeds of the additional one percent (1%) assessment will pay for golf-related
programs and services specifically tailored only to those paying the additional assessment.
Funds remaining at the end of any year may be used in subsequent years in which CTBID
assessments are levied as long as they are used consistent with the requirements of this
resolution and the Plan.
9.That the proposed CTBID will have a five (5) year term, beginning July 1, 2023, or as soon
as possible thereafter, and end five (5) years from its start date, unless renewed pursuant to
Streets and Highways Code § 36660.
10.That bonds shall not be issued.
11.That the time and place for the public meeting to hear testimony on establishing the
CTBID and levying assessments are set for March 7, 2023, at 5:00 pm, or as soon thereafter as
the matter may be heard, at the Council Chambers located at 1200 Carlsbad Village Drive,
Carlsbad, CA 92008.
12.That the time and place for the public hearing to establish the CTBID and the levy of
assessments are set for April 18, 2023, at 5:00 pm, or as soon thereafter as the matter may be
heard, at the Council Chambers located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. The
City Clerk is directed to provide written notice to the lodging businesses subject to assessment
of the date and time of the meeting and hearing, and to provide that notice as required by
Streets and Highways Code § 36623, no later than February 28, 2023.
13.That at the public meeting and hearing, the testimony of all interested persons for or
against the establishment of the CTBID may be received. If at the conclusion of the public
hearing, there are of record written protests by the owners of the lodging businesses within the
proposed CTBID that will pay more than fifty percent (50%) of the estimated total assessment
of the entire CTBID, no further proceedings to establish the CTBID shall occur for a period of
one (1) year.
14.That the complete Management District Plan is on file with the City Clerk and may be
reviewed upon request.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 7th day of February, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder.
None.
None.
None.
KEITH BLACKBURN, Mayor
Kfi!G f,..._, SHERRY FREISINGER, City Clerk
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District Boundaries
Attachment A
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Carlsbad City Limits ••• • • CIVITAS
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