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HomeMy WebLinkAbout2023-07-11; City Council; Resolution 2023-189RESOLUTION NO. 2023-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN OPERATING AGREEMENT WITH VISIT CARLSBAD AS THE OWNERS' ASSOCIATION OF THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, the City of Carlsbad created the Carlsbad Tourism Business Improvement District on April 18, 2023 under the Property and Business Improvement District Law of 1994, Streets & Highways Code Section 36600 et seq, by Resolution No. 2023-118; and WH.EREAS, the Property and Business Improvement Law of 1994, authorizes the city to establish business improvement districts upon petition by a weighted majority of the business owners located within the boundaries of the district; and WHEREAS, lodging business owners who will pay more than 50% of the proposed assessment, as weighted according to the amount of the assessment to be paid by each petitioner, within the boundaries of the proposed district petitioned the City Council to establish the Carlsbad Tourism Business Improvement District; and WHEREAS, included with the petitions was a Management District Plan summary that describes the proposed assessment to be levied on lodging businesses within the Carlsbad Tourism Business Improvement District to pay for marketing and sales promotions, golf-related programs and activities, and grants programs, and other improvements and activities set forth in the plan; and WHEREAS, the assessed lodging businesses within the district will receive a specific benefit from the activities and improvements set forth in the plan; and WHEREAS, the city bears the burden of proving by a preponderance of the evidence that an assessment imposed for a specific benefit or specific government service is not a tax, that the amount is no more than necessary to cover the costs to the city in providing the specific benefit or specific government service, and that the manner in which those costs are allocated to a payer bear a fair or reasonable relationship to the specific benefits or specific government services received by the payer; and WHEREAS, the Carlsbad Tourism Business Improvement District is established for a five-year term, beginning July 1, 2023, or as soon as possible thereafter, and end five years from its start date; and WHEREAS, the Property and Business Improvement District Law of 1994, requires an operating agreement to be in place between the city and the owners' association; and WHEREAS, Carlsbad Convention and Visitors Bureau, dba Visit Carlsbad, was named in Resolution 2023-118 as the representative owners' association for the Carlsbad Tourism Business Improvement District. 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 operating agreement (Attachment A) between the City of Carlsbad and Visit Carlsbad as the designated Owners' Association is approved. 3.That the City Manager or a designee is authorized to execute any documents necessary to implement the contract, subject to their review and approval as to form by the City Attorney's Office. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of !!!Jy, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) DocuSign Envelope ID: EC5967D7-5A52-4F7C-860B-058728757BC4 Attachment A AGREEMENT FOR OPERATION AND MANAGEMENT CARLSBAD CONVENTION AND VISITORS BUREAU, DBA VISIT CARLSBAD This Operation and Management Agreement ("Agreement"), dated 1 j l~ ,~~. is by and between the City of Carlsbad ("City"), a municipal corporation, and Carlsbad Convention and Visitors Bureau, dba Visit Carlsbad ("Contractor"), a nonprofit California corporation. City and Contractor are sometimes referred to in this Agreement individually as a "Party" and collectively as the "Parties." RECITALS A. On April 18, 2023, the City Council adopted Resolution number 2023-118 ("Resolution") creating the Carlsbad Tourism Business Improvement District ("CTBID") in accordance with the provisions of the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.; and B. The CTBID is subject to the CTBID Management District Plan ("MOP") dated March 14, 2023, which is attached hereto as Exhibit ''.B" and incorporated by reference. The MOP states Contractor, as the Owners' Association for the CTBID, will be responsible for implementing the improvements, maintenance, and activities described in the CTBID MOP ("District Services"); and C. Pursuant to Streets and Highways Code section 36651, City shall contract with Contractor, as the designated nonprofit corporation, to provide District Services; and D. The CTBID MOP identifies Contractor will serve as the Owners' Association for the CTBID for the term of the CTBID, and Contractor is willing and able to serve as the Owners' Association; and E. Contractor has the expertise, experience, and personnel necessary to provide District Services; and F. The Parties have agreed to enter into this Agreement based on the status of the CTBID operation and the mutual agreement of the Parties as to the division of responsibilities through the term of the Agreement. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: City Attorney Approved Version 4/24/2023 City Attorney Approved Version 4/24/2023 2 1.SCOPE OF SERVICES City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services and District Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Southern California Area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM This Agreement shall commence on July 1, 2023 (Effective Date) and continue for a term of five years unless terminated earlier in accordance with the terms of this Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.FUNDING City shall remit via electronic funds transfer to Contractor all CTBID assessment funds collected within 30 days of collection, less any City administrative fees as authorized in the CTBID Management District Plan. Contractor shall administer the assessment funds in accordance with the CTBID MDP. 6.STATUS OF CONTRACTOR Contractor will perform the Services and District Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide Services and District Services under this Agreement will not be considered employees of City for any purposes. The funding payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this DocuSign Envelope ID: 39BEB6ED-507E-4C65-B600-47701AB93EF4DocuSign Envelope ID: EC5967D7-5A52-4F7C-860B-058728757BC4 City Attorney Approved Version 4/24/2023 3 Agreement. At City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7.SUBCONTRACTING If Contractor subcontracts any of the Services and District Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8.ADVERTISING OR PUBLICITY Contractor shall not use, reproduce or copy the seal of City and shall not represent City in an official capacity as spokesperson or officer or agent or use the name City of Carlsbad, or the names of City’s officers, directors, employees or agents, in advertising or publicity releases or otherwise without securing the prior written consent of City in each instance unless set forth in this Agreement. Nothing in this section prohibits Contractor from using the name “Carlsbad Tourism Business Improvement District” or “City of Carlsbad” for regional identification for promotion and marketing of the CTBID. 9.INDEMNIFICATION Contractor agrees to indemnify, defend, and hold harmless the CTBID, City and their officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 10.INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property that may arise out of or in connection with performance of the Services and District Services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current A.M Best Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest A. M. Best Rating of at least “A:X”; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. DocuSign Envelope ID: 39BEB6ED-507E-4C65-B600-47701AB93EF4DocuSign Envelope ID: EC5967D7-5A52-4F7C-860B-058728757BC4 City Attorney Approved Version 4/24/2023 4 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the City Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of three years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without 30 days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. DocuSign Envelope ID: 39BEB6ED-507E-4C65-B600-47701AB93EF4DocuSign Envelope ID: EC5967D7-5A52-4F7C-860B-058728757BC4 City Attorney Approved Version 4/24/2023 5 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11.BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12.ACCOUNTING RECORDS 12.1 Audit. At any time during normal business hours, City shall have the right to demand, and Contractor shall make available to City for examination, at the offices of Contractor, all data and records pertaining to all matters covered by this Agreement. Contractor shall permit (at City's sole expense) to audit all invoices, materials, payrolls, records of personnel, and other data and media relating to all matters covered in this Agreement. 12.2 Record Retention. Contractor shall maintain such data and records for a period of three (3) years following the termination of this Agreement. All such data and records shall be kept at Contractor 's place of business and shall be subject to the review and audit provisions in Section 12.1, above. 12.3 Original Copies. Notwithstanding the foregoing, upon the termination of this Agreement for any reason, City may request that Contractor turn over to City the original of all such data and records. If Contractor is required to turn over such data and records to the City, it will comply with reasonable promptness; however, upon delivery of the data and records to the City-designated liaison, Contractor 's retention and audit responsibilities with respect to such data and records shall terminate and Contractor shall not thereafter be liable for any claim of loss or damage arising from or related to the availability or condition of the data or records. Contractor may retain copies of all data or records turned over to City. 13.OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to DocuSign Envelope ID: 39BEB6ED-507E-4C65-B600-47701AB93EF4DocuSign Envelope ID: EC5967D7-5A52-4F7C-860B-058728757BC4 City Attorney Approved Version 4/24/2023 6 this Agreement will be delivered at once to City. Contractor will have the right to make one copy of the work product for Contractor’s records. 14.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Matt Sanford Name Kim Sidoriak Title Economic Development Manager Title CEO Department Innovation & Economic Development Address 3088 State St. City of Carlsbad Carlsbad, CA 92008 Address 1635 Faraday Ave Phone No. 310-433-6289 Carlsbad, CA 92008 Email kim@visitcarlsbad.com Phone No. 760-607-2923 Each Party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 15.CONFLICT OF INTEREST 15.1 Contractor's Responsibility for Employees and Board Members. Contractor is required to establish and make known to its employees and Board Members appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships. 15.2 Contractor's Financial or Organizational Interests. In connection with any task, Contractor shall not recommend or specify any product, supplier, or contractor with whom Contractor has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies. 16.GENERAL COMPLIANCE WITH LAWS DocuSign Envelope ID: 39BEB6ED-507E-4C65-B600-47701AB93EF4DocuSign Envelope ID: EC5967D7-5A52-4F7C-860B-058728757BC4 City Attorney Approved Version 4/24/2023 7 Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services and District Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances and regulations and will be responsible for the compliance of Contractor's Services and District Services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements. 17.RALPH M. BROWN ACT Pursuant to the CTBID MDP, meetings of Contractor’s Board and Committees wherein CTBID business is heard or conducted must be held in compliance with the public notice and other requirements of the Ralph M. Brown Act. Further, Contractor must maintain and disclose any CTBID-related records in accordance with the California Public Records Act. Each and every website for the CTBID or Contractor shall post: all regular meeting agendas and any non- confidential meeting materials. Social security numbers, employer identification numbers, and other confidential information must be redacted from the posted materials. 18.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19.DISPUTE RESOLUTION If a dispute should arise regarding the performance of Services and District Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within 10 business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20.TERMINATION 20.1 Termination by City City may terminate in the event of Contractor's failure to prosecute, deliver, or perform Services and District Services, City may terminate this Agreement for nonperformance by DocuSign Envelope ID: 39BEB6ED-507E-4C65-B600-47701AB93EF4DocuSign Envelope ID: EC5967D7-5A52-4F7C-860B-058728757BC4 City Attorney Approved Version 4/24/2023 8 notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone Services and District Services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five business days to deliver any documents owned by City and all work in progress to City at the address contained in Section 14 of this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of Services and District Services that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering 30 days written notice to Contractor. In the event of termination of this Agreement upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for Services and District Services performed to the termination date; however, the total will not exceed the funding in Section 5 of this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 20.2 Termination by Disestablishment Notwithstanding any other provision of this Agreement, City may terminate this Agreement immediately if any of the reasons for disestablishment of the CTBID, set forth in California Streets & Highways Code section 36670, are found to exist. In the event the Agreement is terminated pursuant to this Section, Contractor shall promptly turn over to the City all books, records, and data. City and Contractor shall dispose of any remaining revenues of the assessments levied within the CTBID, as well as all remaining assets of the CTBID, as required by law. 20.3 Termination for Default If either Party to this Agreement fails to perform or adequately perform any material obligation required by this Agreement, that failure shall constitute a default. The non-defaulting party shall promptly give the defaulting party written notice of the occurrence of the default and shall allow the defaulting party 30 days thereafter to cure the default, or to submit a written plan of action to cure such a default within a reasonable period of time thereafter. Failure to cure the default or timely submit the plan of action within said 30-day period, or failure to adhere to the plan of action, shall entitle the non-defaulting party to terminate this Agreement in accordance with this Section. 20.4 Successor Owners’ Association Upon termination of this Agreement for any reason City shall designate a different Owners' Association, pursuant to the CTBID MDP. Other than as specified for termination under this Agreement, Contractor shall transmit to City or new Owners' Association all funds, books, records, data, vehicles, equipment, leases, agreements and other assets and liabilities of the CTBID no later than 30 calendar days after the receipt of the written notice of termination. Until the actual transfer is complete, Contractor shall continue to manage and operate the CTBID so that there is DocuSign Envelope ID: 39BEB6ED-507E-4C65-B600-47701AB93EF4DocuSign Envelope ID: EC5967D7-5A52-4F7C-860B-058728757BC4 City Attorney Approved Version 4/24/2023 9 no interruption in or loss of service to the property owners within the CTBID. Upon the transfer, Contractor shall have no further legal, financial, operational or other obligations regarding the CTBID. 21.COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift or contingent fee. 22.CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23.JURISDICTION AND VENUE Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24.SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. DocuSign Envelope ID: 39BEB6ED-507E-4C65-B600-47701AB93EF4DocuSign Envelope ID: EC5967D7-5A52-4F7C-860B-058728757BC4 City Attorney Approved Version 4/24/2023 10 25.ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the Parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in writing signed by both Parties. 26.SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision. DocuSign Envelope ID: 39BEB6ED-507E-4C65-B600-47701AB93EF4DocuSign Envelope ID: EC5967D7-5A52-4F7C-860B-058728757BC4 DocuSign Envelope ID: EC5967D7-5A52-4F7C-860B-058728757BC4 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: ~ Sfirli (sign here)~ Rob Stirling, Chair (print name/title) By: (sign here) Michelle Zwirek, Secretary (print name/title) /II OF CARLSBAD, a municipal tion of the State of California City Manager ATTEST: f' SHERRY FREISINGER City Clerk City Attorney Approved Version 4/24/2023 11 City Attorney Approved Version 4/24/2023 12 If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 39BEB6ED-507E-4C65-B600-47701AB93EF4DocuSign Envelope ID: EC5967D7-5A52-4F7C-860B-058728757BC4 City Attorney Approved Version 4/24/2023 13 EXHIBIT “A” SCOPE OF SERVICES Contractor shall provide the following Services: 1.Contractor shall cooperate with City and City staff in the performance of all Services hereunder. 2.Contractor will provide projects, programs and activities that benefit businesses within the CTBID in accordance with the CTBID Management District Plan attached hereto and any subsequent amendments thereto. 3.Contractor shall perform responsibilities under the Property and Business Improvement District Law of 1994 (the “Law”) including but not limited to: a.Preparation of the Annual Report required by the Law; and b.Delivering the Annual Report at least 60 days preceding the fiscal year for which assessments are to be levied and collected to pay the costs of the improvements. 4.Contractor shall develop and maintain financial records related to receipt and/or expenditure of all funds received from City. DocuSign Envelope ID: 39BEB6ED-507E-4C65-B600-47701AB93EF4DocuSign Envelope ID: EC5967D7-5A52-4F7C-860B-058728757BC4 Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. March 14, 2023 CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN 2023-2028 Exhibit B Contents I.OVERVIEW ......................................................................................................................................... 3 II.BACKGROUND ................................................................................................................................. 5 III.BOUNDARY ....................................................................................................................................... 6 IV.ASSESSMENT BUDGET AND SERVICES ................................................................................ 8 A.Annual Service Plan ............................................................................................................. 8 B.Annual Budget ................................................................................................................... 11 C.California Constitutional Compliance ................................................................................ 11 D.Assessment ......................................................................................................................... 13 E.Penalties and Interest .......................................................................................................... 13 F.Time and Manner for Collecting Assessments ................................................................... 14 V.GOVERNANCE ............................................................................................................................... 15 A.Owners’ Association .......................................................................................................... 15 B.Brown Act and California Public Records Act Compliance .............................................. 15 C.Annual Report .................................................................................................................... 15 APPENDIX 1 – LAW .................................................................................................................................... 16 APPENDIX 2 – ASSESSED BUSINESSES .............................................................................................. 27 Prepared by Civitas (800)999-7781www.civitasadvisors.com 3 CTBID Management District Plan March 14, 2023 I.OVERVIEW Developed by the City of Carlsbad (City), and Carlsbad hoteliers, the Carlsbad Tourism Business Improvement District (CTBID) is an assessment district designed to provide specific benefits to payors, by funding marketing and sales promotion efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. In 2005, the CTBID was originally formed pursuant to the Parking and Business Improvement Area Law of 1989 (89 Law). This effort seeks to modernize the CTBID by disestablishing the 89 Law District and forming a new District pursuant to the Property and Business Improvement District Law of 1994 (94 Law). Location: The CTBID includes all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City of Carlsbad, as shown on the map in Section III. Services: The CTBID is designed to provide specific benefits directly to payors by increasing demand for room night sales. Marketing and sales promotions, golf-related programs and activities, and grants programs will increase demand for overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing demand for room night sales. Budget: The total CTBID annual budget for the initial year of its five (5) year operation is anticipated to be approximately $6,800,000. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do. Cost: The annual assessment rate is 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. The proceeds of the additional assessment will pay for golf-related programs and services specifically tailored only to those paying the additional assessment. Collection: The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the CTBID. The City shall take all reasonable efforts to collect the assessments from each lodging business. Duration: The CTBID will have a five (5) year life, beginning July 1, 2023 or as soon as possible thereafter, and end five (5) years from its start date. Once per year, beginning on the anniversary of CTBID formation, there is a thirty (30) day period in which owners paying fifty percent (50%) or more of the assessment may protest and initiate a City 4 CTBID Management District Plan March 14, 2023 Council hearing on CTBID termination. After five (5) years, the CTBID may be renewed if business owners support continuing the CTBID programs. Management: Carlsbad Convention and Visitors Bureau, dba Visit Carlsbad (VC), will serve as the CTBID’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan, and must provide annual reports to the City Council. 5 CTBID Management District Plan March 14, 2023 II.BACKGROUND TBIDs are an evolution of the traditional Business Improvement District. The first TBID was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model – Massachusetts, Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TBID laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TBID. And, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TBIDs without a state law. California’s TBIDs collectively raise over $300 million annually for local destination marketing. With competitors raising their budgets, and increasing rivalry for visitor dollars, it is important that Carlsbad lodging businesses continue to invest in stable, lodging-specific marketing programs. TBIDs utilize the efficiencies of private sector operation in the market-based promotion of tourism districts. TBIDs allow lodging business owners to organize their efforts to increase demand for room night sales. Lodging business owners within the TBID pay an assessment and those funds are used to provide services that increase demand for room night sales. In California, most TBIDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TBIDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district. There are many benefits to TBIDs: •Funds must be spent on services and improvements that provide a specific benefit only to those who pay; •Funds cannot be diverted to general government programs; •They are customized to fit the needs of payors in each destination; •They allow for a wide range of services; •They are designed, created and governed by those who will pay the assessment; and •They provide a stable, long-term funding source for tourism promotion. 120 100 80 60 40 20 0 Number of Districts Operating in California 109114 101 95 75 61 64 46 38 ;i'sf'I 6 CTBID Management District Plan March 14, 2023 III.BOUNDARY The CTBID will include all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City of Carlsbad. Once per year, businesses within the geographic boundaries of the CTBID shall have a thirty (30) day period of opportunity to elect to pay an additional one percent (1%) assessment to specifically fund golf-related programs and services that drive demand for overnight visitation. Businesses shall have thirty (30) days to request to be included in the golf assessment budget of the CTBID and shall pay the additional one percent (1%) assessment for the entirety of the upcoming fiscal year. Requests to be included must be submitted to Visit Carlsbad in writing, identify the business to be included, and be signed by an authorized representative of the business. At the same time, a business which has previously requested to be included in the golf assessment budget of the CTBID may submit a request to be removed for the upcoming fiscal year. After each annual thirty (30) day opt in period, Visit Carlsbad shall include a current listing of all assessed businesses in the annual report submitted to the City required pursuant to Government Code §36650. Lodging business means: any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location or other similar structure or portion thereof. Lodging business shall also include short term rentals, and private campgrounds where only a site and accompanying facilities are rented. A complete listing of lodging businesses within the CTBID can be found in Appendix 2. 7 CTBID Management District Plan March 14, 2023 PACIFIC OCE:A/\J Carlsbad City Limits 8 CTBID Management District Plan March 14, 2023 IV.ASSESSMENT BUDGET AND SERVICES A.Annual Service PlanAssessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the CTBID funds are sales and marketing and grants programs available only to assessed businesses. A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by VC. The table below illustrates the initial annual assessment budget allocations. The total initial assessment budget is $6,800,000. Initial Annual Assessment Budget $6,800,000 Grants Program, $340,000 , 5% Sales & Marketing, $4,556,000 , 67% Contingency / Reserve , $408,000 , 6.0% Administration & Operations, $272,000 , 4% City Admin Fee, $136,000 , 2.0% Golf- Related Programs and Services , $1,088,000 , 16% Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same, except with respect to the Golf-Related Programs. The Golf-Related Programs percentage allocation shall be based on actual golf-related assessments. With the exception of Golf-Related Programs and Services, the VC board shall have the authority to adjust budget allocations between the categories by no more than twenty percent (20%) of the total budget per year. Such budget allocation adjustments shall be based on the needs and priorities of assessed lodging businesses in the CTBID, and shall confer a specific benefit to assessed lodging businesses in accordance with this Plan. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the CTBID, any and all assessment funds may be used for the costs of defending the CTBID. Each budget category includes all costs related to providing that service. For example, the sales and marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales and marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The costs of an individual staff member may be allocated to 9 CTBID Management District Plan March 14, 2023 multiple budget categories. The staffing levels necessary to provide the services below will be determined by the VC on an as- needed basis. Sales & Marketing A sales and marketing program will promote assessed businesses as tourist, meeting, and event destinations. The sales and marketing program will have a central theme of promoting Carlsbad as a desirable place to visit overnight. The program will have the goal of increasing demand for overnight visitation and room night sales at assessed businesses, and may include the following activities: •Internet marketing efforts to increase awareness and optimize internet presence; •Print ads in magazines and newspapers targeted at potential visitors; •Television and Radio ads targeted at potential visitors; •Operation of a visitor’s center; •Development and implementation of a public relations and communications strategy, inclusive of social media outlets and press release distribution designed to increase overnight visitation at assessed businesses; •Attendance of trade shows; •Sales blitzes; •Familiarization tours; •Preparation and production of collateral promotional materials such as brochures, flyers and maps; •Attendance of professional industry conferences and affiliation events; •Lead generation activities, including the Group Incentives Program, designed to attract group events to Carlsbad; •Director of Sales meetings to plan and coordinate group direct promotion efforts; •Director of Marketing and Marketing Manager meetings to plan and coordinate leisure promotion efforts; and •Other Sales & Marketing programs and activities that increase demand for overnight visitation to assessed businesses. Golf-Related Programs & Services For lodging businesses that elect to pay the additional one percent (1%) assessment, golf-related services may include, but are not limited to: •Golf signage, and such equipment related specifically to the promotion of golf to increasedemand for overnight visitation to lodging businesses paying the additional assessment; •Joint marketing related to the promotion of golf and golf courses included within the CTBIDto increase demand for overnight visitation to lodging businesses that are paying the additional assessment; •Marketing promotion such as radio, TV, or print advertising of golf and golf courses included within the CTBID to increase demand for overnight visitation to lodging businesses paying the additional assessment; •On-line/internet promotions jointly advertising golf and golf courses included within the CTBID to increase demand for overnight visitation to lodging businesses paying the additional assessment; •Marketing and sales staff on time spent on joint marketing efforts to increase demand for overnight visitation to lodging businesses paying the additional assessment; and •Other programs and activities that promote golf-related tourism and confer a specific benefit to the lodging businesses that are paying the additional assessment. 10 CTBID Management District Plan March 14, 2023 A policy relating to the expenditure of monies raised from the additional one percent (1%) assessment shall be developed by the VC Board. Grants Program The grants programs will fund projects and events that increase overnight visitation to assessed businesses, as well as fund programs that alleviate challenges to maximizing occupancy rates. The objectives of the grant program are to: encourage the development of innovative tourism products; promote collaboration within and across sectors of the tourism industry; reach important travel segments such as multicultural, family and senior markets; strengthen the marketing capacity of partnering organizations; and combine the resources of the CTBID and its tourism partners to leverage their collective marketing efforts. Projects and events funded and approved by the CTBID must include a plan for the return on investment (ROI), including but not limited to, the generation of room nights, and must also include a follow-up analysis. Policies relating to projects awarded and contributions from the grants program shall be set by the VC Board annually. Administration and Operations The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, advocacy and other general administrative costs such as insurance, legal, and accounting fees. Contingency/Reserve The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration or renewal costs at the discretion of the VC Board. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the VC Board. The reserve fund may be used for the costs of renewing the CTBID. City Administration Fee The City of Carlsbad shall be paid a fee equal to two percent (2%) of the amount of assessment collected to cover its costs of collection and administration. 11 CTBID Management District Plan March 14, 2023 B.Annual BudgetThe total five (5) year improvement and service plan budget is projected at approximately $6,800,000 annually, or $36,102,124 through 2028 as shown in the table below. A three percent (3%) annual increase in the total budget is shown, to account for estimated increased room night sales as a result of CTBID efforts. This three percent (3%) annual increase is a conservative estimate based on the effects of similarly sized TBID budgets. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do. Year Sales & Marketing Grants Programs Admin Contingency/ Reserve City Admin Fee Golf-Related Programs & Activities Total FY23/24 $4,556,000 $340,000 $272,000 $408,000 $136,000 $1,088,000 $6,800,000 FY24/25 $4,692,680 $350,200 $280,160 $420,240 $140,080 $1,120,640 $7,004,000 FY25/26 $4,833,460 $360,706 $288,565 $432,847 $144,282 $1,154,259 $7,214,120 FY26/27 $4,978,464 $371,527 $297,222 $445,833 $148,611 $1,188,887 $7,430,544 FY27/28 $5,127,818 $382,673 $306,138 $459,208 $153,069 $1,224,554 $7,653,460 Total $24,188,423 $1,805,106 $1,444,085 $2,166,127 $722,042 $5,776,340 $36,102,124 C.California Constitutional Compliance The CTBID assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property. 1 Rather, the CTBID assessment is a business-based assessment, and is subject to Proposition 26. Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of theseexceptions apply to the CTBID, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring thebenefits or providing the services. 1.Specific Benefit Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the CTBID. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the CTBID, and are narrowly tailored. CTBID funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in CTBID programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses. The assessment imposed by this CTBID is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room 1 Jarvis v. the City of San Diego 72 Cal App. 4th 230 2 Cal. Const. art XIII C § 1(e)(1) 12 CTBID Management District Plan March 14, 2023 night sales for assessed lodging businesses will be provided only to lodging businesses paying the district assessment, with marketing and sales programs promoting lodging businesses paying the CTBID assessment. The marketing and sales programs will be designed to increase room night sales at each assessed lodging businesses. Because they are necessary to provide the marketing and sales programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased demand for room night sales to the assessed lodging businesses. The assessment was calculated based on the total cost of the activities to be provided for the benefit of the businesses within the CTBID, with costs allocated based on the proportional benefit conferred to each business. Activities funded by the CTBID are specifically targeted to increase room nights at assessed businesses. All room night sales do not represent the same benefit to the payors. For example, a higher priced room night is of greater benefit than a lower priced room night because the assessee derives greater revenue. To account for this benefit differential and to make sure the benefits are proportional, an assessment formula based on a percentage of revenue has been selected. The proposed formula accurately reflects greater benefit to assessed businesses with higher priced room nights. Although the CTBID, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3 2. Specific Government ServiceThe assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.”4 The legislature has recognized that marketing and promotions services like those to be provided by the CTBID are government services within the meaning of Proposition 265. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6 3. Reasonable CostCTBID services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by the VC, and reports submitted on an annual basis to the City. Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from CTBID- funded activities, be featured in advertising campaigns, and benefit from other CTBID-funded services. Non-assessed lodging businesses will not receive these, nor any other, CTBID-funded services and benefits. The CTBID-funded programs are all targeted directly at and feature only assessed businesses. It is, however, possible that there will be a spill over benefit to non-assessed businesses. If non-assessed 3 Government Code § 53758(a) 4 Cal. Const. art XIII C § 1(e)(2) 5 Government Code § 53758(b) 6 Government Code § 53758(b) 13 CTBID Management District Plan March 14, 2023 lodging businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-CTBID funds. CTBID funds shall only be spent to benefit the assessed businesses, and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed businesses. D.Assessment The annual assessment rate is 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 lodging businesses that have opted in to paying the additional voluntary assessment. The proceeds of the additional assessment will pay for golf-related programs and services specifically tailored only to those paying the additional assessment. The term “gross room rental revenue” as used herein means: the consideration charged, whether or not received, for the occupancy of space in a lodging business valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind of nature, without any deduction therefrom whatsoever. Gross room rental revenue shall not include any federal, state or local taxes collected, including but not limited to transient occupancy taxes. The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the CTBID assessment is identified separately it shall be disclosed as the “CTBID Assessment.” As an alternative, the disclosure may include the amount of the CTBID assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for calculation of transient occupancy taxes. Bonds shall not be issued. E.Penalties and InterestThe CTBID shall reimburse the City of Carlsbad for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent CTBID assessment are sought to be recovered in the same collection action by the City, the CTBID shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for paying: 1.Original Delinquency. Any owner of an assessed lodging business who fails to remit any assessment imposed by this Plan within the time required shall pay a penalty of ten percent(10%) of the amount of the assessment in addition to the amount of the assessment. 2.Continued Delinquency. Any owner of an assessed lodging business who fails to remit anydelinquent remittance on or before a period of thirty (30) days following the date on which 14 CTBID Management District Plan March 14, 2023 the remittance first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment and the ten percent (10%) penalty first imposed. 3.Audit Deficiency. If, upon audit by the City, an owner of an assessed lodging business is foundto be deficient in their return or remittance, or both, the City shall immediately invoice the owner for the amount of the net deficiency plus a penalty of ten percent (10%) of the netdeficiency. If the owner of an assessed lodging business fails or refuses to pay the deficient amount and applicable penalties within fourteen (14) days of the date of the invoice, anadditional penalty shall be imposed at the rate of one percent (1%) per day of the net deficiency, not to exceed ten percent (10%).4.Fraud. If the City determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five percent (25%) of the amount of the assessment shall beadded thereto in addition to the penalties stated in subsections 1 and 2 of this section. 5.Interest. In addition to the penalties imposed, any owner of an assessed lodging business whofails to remit any assessment imposed by this Plan shall pay interest at the rate of one and one- half percent (1.5%) per month or fraction thereof on the amount of the assessment, exclusiveof penalties, from the date on which the remittance first became delinquent until paid. 6.Penalties Merged with Assessment. Every penalty imposed and such interest as accrues under theprovisions of this section shall become a part of the assessment required to be paid by this Plan. F.Time and Manner for Collecting AssessmentsThe CTBID will have a five (5) year life, beginning July 1, 2023 or as soon as possible thereafter, and end five (5) years from its start date. The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each assessed lodging business. The City shall take all reasonable efforts to collect the assessments from each assessed lodging business. The City shall forward the assessments collected to the Owners’ Association, except for the additional assessments collected from the additional one percent (1%) assessment for golf- related programs and activities. 15 CTBID Management District Plan March 14, 2023 V.GOVERNANCE A.Owners’ AssociationThe City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the CTBID as defined in Streets and Highways Code §36612. The City Council has determined that the Carlsbad Convention and Visitors Bureau, dba Visit Carlsbad, will serve as the Owners’ Association for the CTBID. The VC Board of Directorsshall have seven to nine directors, comprised solely of the owners or representatives of assessed lodging businesses. A minimum of three Directors shall be representatives from the top three CTBID assessment payors (a single payor may represent multiple properties within the CTBID that have common ownership), determined by the assessments paid during the previous fiscal year. The CTBIDmay form a committee, comprised of those lodging businesses that elect to pay the additional one percent (1%) assessment, to oversee the golf-related programs & services assessment budget. B.Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the VC board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. C.Annual ReportThe VC shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include: •Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district. •The improvements and activities to be provided for that fiscal year. •An estimate of the cost of providing the improvements and the activities for that fiscal year. •The method and basis of levying the assessment in sufficient detail to allow each businessowner to estimate the amount of the assessment to be levied against his or her business for that fiscal year. •The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year. •The estimated amount of any contributions to be made from sources other than assessmentslevied pursuant to this part. 16 CTBID Management District Plan March 14, 2023 APPENDIX 1 – LAW *** THIS DOCUMENT IS CURRENT THROUGH THE 2022 SUPPLEMENT *** (ALL 2021 LEGISLATION) STREETS AND HIGHWAYS CODE DIVISION 18. PARKING PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions ARTICLE 1. Declarations 36600. Citation of part This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following: (a)Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequatefacilities, services, and activities in the business districts.(b)It is in the public interest to promote the economic revitalization and physical maintenance of businessdistricts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c)It is of particular local benefit to allow business districts to fund business related improvements,maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.(d)Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property,businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e)Property and business improvement districts formed throughout this state have conferred special benefitsupon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:(1)Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the30 districts studied. (2)Job creation.(3)Business attraction.(4)Business retention.(5)Economic growth.(6)New investments.(f)With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promoteeconomic opportunities, and create a clean and safe environment. (g)Since the enactment of this act, the people of California have adopted Proposition 218, which addedArticle XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitutionprovides that property-based districts may only levy assessments for special benefits. (h)The act amending this section is intended to provide the Legislature’s guidance with regard to this act, itsinteraction with the provisions of Article XIII D of the Constitution, and the determination of special benefitsin property-based districts.(1)The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, andactivities in property-based districts, contributing to blight and other underutilization of property. (2)Activities undertaken for the purpose of conferring special benefits upon property to be assessedinherently produce incidental or collateral effects that benefit property or persons not assessed.Therefore, for special benefits to exist as a separate and distinct category from general benefits, the 17 CTBID Management District Plan March 14, 2023 incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits. (3)It is of the utmost importance that property-based districts created under this act have clarityregarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts withlegislative intent regarding restrictions on property-based assessments, and the manner in whichspecial benefits should be determined. 36602. Purpose of part 36606. “Activities” 36606.5. “Assessment” “Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district. 36607. “Business” “Business” means all types of businesses and includes financial institutions and professions. The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. 36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part. 36604. Severability This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes. ARTICLE 2. Definitions “Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district: (a)Promotion of public events.(b)Furnishing of music in any public place.(c)Promotion of tourism within the district.(d)Marketing and economic development, including retail retention and recruitment.(e)Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal servicessupplemental to those normally provided by the municipality. (f)Other services provided for the purpose of conferring special benefit upon assessed real property orspecific benefits upon assessed businesses located in the district. 18 CTBID Management District Plan March 14, 2023 36608. “City” “City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council” “City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk” “Clerk” means the clerk of the legislative body. 36609.5. “General benefit” 36611. “Management district plan”; “Plan” 36612. “Owners’ association” “Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district. 36614. “Property” “Property” means real property situated within a district. “General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5. 36610. “Improvement” “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following: (a)Parking facilities.(b)Benches, booths, kiosks, display cases, pedestrian shelters and signs.(c)Trash receptacles and public restrooms.(d)Lighting and heating facilities.(e)Decorations.(f)Parks.(g)Fountains.(h)Planting areas.(i)Closing, opening, widening, or narrowing of existing streets.(j)Facilities or equipment, or both, to enhance security of persons and property within the district.(k)Ramps, sidewalks, plazas, and pedestrian malls. (l)Rehabilitation or removal of existing structures. “Management district plan” or “plan” means a proposal as defined in Section 36622. 19 CTBID Management District Plan March 14, 2023 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part. 36614.6. “Property-based assessment” “Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district” “Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner” “Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit” “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value. 36616. “Tenant” “Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. ARTICLE 3. Prior Law 36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part. CHAPTER 2. Establishment 36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city. 20 CTBID Management District Plan March 14, 2023 36621. Initiation of proceedings; Petition of property or business owners in proposed district (a)Upon the submission of a written petition, signed by the property or business owners in the proposeddistrict who will pay more than 50 percent of the assessments proposed to be levied, the city council mayinitiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.The amount of assessment attributable to property or a business owned by the same property or businessowner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not beincluded in determining whether the petition is signed by property or business owners who will pay morethan 50 percent of the total amount of assessments proposed to be levied.(b)The petition of property or business owners required under subdivision (a) shall include a summary ofthe management district plan. That summary shall include all of the following:(1)A map showing the boundaries of the district. (2)Information specifying where the complete management district plan can be obtained.(3)Information specifying that the complete management district plan shall be furnished upon request. (c)The resolution of intention described in subdivision (a) shall contain all of the following:(1)A brief description of the proposed improvements, maintenance, and activities, the amount ofthe proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2)A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirementsof Section 36623. 36622. Contents of management district plan The management district plan shall include, but is not limited to, all of the following: (a)If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcelof property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business ownerto reasonably determine whether a business is located within the district boundaries. If the assessment willbe levied on property and businesses, a map of the district in sufficient detail to locate each parcel of propertyand to allow a business owner to reasonably determine whether a business is located within the district boundaries.(b)The name of the proposed district.(c)A description of the boundaries of the district, including the boundaries of benefit zones, proposed forestablishment or extension in a manner sufficient to identify the affected property and businesses included,which may be made by reference to any plan or map that is on file with the clerk. The boundaries of aproposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district createdpursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencingwith Section 36500)). This part does not prohibit the boundaries of a business assessment district createdpursuant to this part to overlap with another business assessment district created pursuant to this part. Thispart does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part.(d)The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operationare the same, a description of the first year’s proposed improvements, maintenance, and activities and astatement that the same improvements, maintenance, and activities are proposed for subsequent years shallsatisfy the requirements of this subdivision. (e)The total annual amount proposed to be expended for improvements, maintenance, or activities, and debtservice in each year of operation of the district. If the assessment is levied on businesses, this amount maybe estimated based upon the assessment rate. If the total annual amount proposed to be expended in each yearof operation of the district is not significantly different, the amount proposed to be expended in the initial 21 CTBID Management District Plan March 14, 2023 year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision. (f)The proposed source or sources of financing, including the proposed method and basis of levying theassessment in sufficient detail to allow each property or business owner to calculate the amount of theassessment to be levied against his or her property or business. The plan also shall state whether bonds willbe issued to finance improvements. (g)The time and manner of collecting the assessments.(h)The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstandingthese limitations, a district created pursuant to this part to finance capital improvements with bonds may levyassessments until the maximum maturity of the bonds. The management district plan may set forth specificincreases in assessments for each year of operation of the district.(i)The proposed time for implementation and completion of the management district plan.(j)Any proposed rules and regulations to be applicable to the district. (k)(1)A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of adistrict will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof.(2)In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a publicimprovement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of theproportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferredon a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless thegovernmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effectsthat arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of anyspecial benefit or affect the proportionate special benefit derived by each identified parcel. (l)In a property-based district, the total amount of all special benefits to be conferred upon the propertieslocated within the property-based district. (m)In a property-based district, the total amount of general benefits, if any.(n)In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan.(o)Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment (a)If a city council proposes to levy a new or increased property assessment, the notice and protest andhearing procedure shall comply with Section 53753 of the Government Code.(b)If a city council proposes to levy a new or increased business assessment, the notice and protest andhearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall bemailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. 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 subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such ---- 22 CTBID Management District Plan March 14, 2023 businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c)If a city council proposes to conduct a single proceeding to levy both a new or increased propertyassessment and a new or increased business assessment, the notice and protest and hearing procedure for theproperty assessment shall comply with subdivision (a), and the notice and protest and hearing procedure forthe business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remainingportion of the assessment may be levied unless the improvement or other special benefit was proposed to befunded by assessing both property and business owners. 36624. Changes to proposed assessments At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation (a)If the city council, following the public hearing, decides to establish a proposed property and businessimprovement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:(1)A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property,businesses, or both within the district, a statement on whether bonds will be issued, and a descriptionof the exterior boundaries of the proposed district, which may be made by reference to any plan ormap that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements,maintenance, and activities and the location and extent of the proposed district. (2)The number, date of adoption, and title of the resolution of intention.(3)The time and place where the public hearing was held concerning the establishment of thedistrict.(4)A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.(5)A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part.(6)A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from thelevy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolutionof intention, as modified by the city council at the hearing concerning establishment of the district. Notwithstanding the foregoing, improvements and activities that must be provided outside thedistrict boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district.(7)A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded bythe proposed assessments, and, for a property-based district, that property within the district willreceive a special benefit.(8)In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.(b)The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in themanagement district plan. 36627. Notice and assessment diagram 23 CTBID Management District Plan March 14, 2023 Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. Assessments on businesses or property owners The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property- based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part. CHAPTER 3. Assessments 36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties. 36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property (a)The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council mayclassify properties for purposes of determining the benefit to property of the improvements and activitiesprovided pursuant to this part.(b)Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classifybusinesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.(c)Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall notbe subject to any assessment pursuant to this part. 24 CTBID Management District Plan March 14, 2023 36633. Time for contesting validity of assessment The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. 36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention (a)Upon the written request of the owners’ association, the city council may modify the management districtplan after conducting one public hearing on the proposed modifications. The city council may modify theimprovements and activities to be funded with the revenue derived from the levy of the assessments byadopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following: (1)The resolution of intention shall be published in a newspaper of general circulation in the cityonce at least seven days before the public hearing.(2)A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposedmodification. (b)The city council shall adopt a resolution of intention which states the proposed modification prior to thepublic hearing required by this section. The public hearing shall be held not more than 90 days after theadoption of the resolution of intention. 36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. CHAPTER 3.5. Financing 36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a) The city council may, by resolution, determine and declare that bonds shall be issued to finance theestimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b)The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost ofthose improvements, specify the number of annual installments and the fiscal years during which they are to 25 CTBID Management District Plan March 14, 2023 be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years. (c)Notwithstanding any other provision of this part, assessments levied to pay the principal and interest onany bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere withthe timely retirement of the debt. CHAPTER 4. Governance 36650. Report by owners’ association; Approval or modification by city council (a)The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, forwhich assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used. (b)The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1)Any proposed changes in the boundaries of the property and business improvement district or inany benefit zones or classification of property or businesses within the district. (2)The improvements, maintenance, and activities to be provided for that fiscal year.(3)An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.(4)The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against hisor her property or business for that fiscal year. (5)The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscalyear. (6)The estimated amount of any contributions to be made from sources other than assessmentslevied pursuant to this part. (c)The city council may approve the report as filed by the owners’ association or may modify any particularcontained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners’ association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services. CHAPTER 5. Renewal 36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a)Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter.(b)Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derivedfrom the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the reneweddistrict includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does notinclude parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. 26 CTBID Management District Plan March 14, 2023 (c)Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issuebonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments,improvements, or activities of a renewed district be the same as the original or prior district. CHAPTER 6. Disestablishment 36670. Circumstances permitting disestablishment of district; Procedure (a)Any district established or extended pursuant to the provisions of this part, where there is no indebtedness,outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished byresolution by the city council in either of the following circumstances:(1)If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment.(2)During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the dateof establishment of the district and shall continue for 30 days. The next such 30-day period shallbegin two years after the date of the establishment of the district. Each successive year of operationof the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in thedistrict who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment.(b)The city council shall adopt a resolution of intention to disestablish the district prior to the public hearingrequired by this section. The resolution shall state the reason for the disestablishment, shall state the time andplace of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearingon disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct thepublic hearing not less than 30 days after mailing the notice to the property or business owners. The publichearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a)Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after alloutstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquiredwith the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying thesame method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall bespent on improvements and activities specified in the management district plan.(b)If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis thatwas used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. 27 CTBID Management District Plan March 14, 2023 APPENDIX 2 – ASSESSED BUSINESSES Lodging Business Address City, State, Zip 129 MAPLE 129 MAPLE AVE CARLSBAD, CA 92008-3264 155 SYCAMORE RENTAL 155 SYCAMORE AVE CARLSBAD, CA 92008-3145 180-190 WALNUT PROPERTIES LLC - 180A 180 WALNUT AVE CARLSBAD, CA 92008-3257 180-190 WALNUT PROPERTIES LLC - 180B 180 WALNUT AVE CARLSBAD, CA 92008-3257 180-190 WALNUT PROPERTIES LLC - 190 190 WALNUT AVE CARLSBAD, CA 92008-3146 224 NORMANDY LANE VACATION RENTAL 224 NORMANDY LN CARLSBAD, CA 92008-2222 226 NORMANDY LANE VACATION RENTAL 226 NORMANDY LN CARLSBAD, CA 92008-2222 2361 BUENA VISTA 2361 BUENA VISTA CIR CARLSBAD, CA 92008-1604 2445 OCEAN STREET LLC - UNIT A 2445 OCEAN ST CARLSBAD, CA 92008-2234 2445 OCEAN STREET LLC - UNIT B 2445 OCEAN ST CARLSBAD, CA 92008-2234 2445 OCEAN STREET LLC - UNIT C 2445 OCEAN ST CARLSBAD, CA 92008-2234 2751 OCEAN ST 2751 OCEAN ST CARLSBAD, CA 92008-2241 3065 OCEAN ST - A 3065 OCEAN ST CARLSBAD, CA 92008-2958 3065 OCEAN ST - B 3065 OCEAN ST CARLSBAD, CA 92008-2958 3065 OCEAN ST - C 3065 OCEAN ST CARLSBAD, CA 92008-2958 3080 LINCOLN UNIT 16 3080 LINCOLN ST CARLSBAD, CA 92008-2929 3287 LINCOLN VACATION RENTAL 3287 LINCOLN ST CARLSBAD, CA 92008-3131 3454 CARLSBAD BLVD 3454 CARLSBAD BLVD CARLSBAD, CA 92008-3225 3570 LLC-UNIT B 3570 CARLSBAD BLVD CARLSBAD, CA 92008-3227 3570 LLC-UNIT E 3570 CARLSBAD BLVD CARLSBAD, CA 92008-3227 365VACATIONS LLC 3492 CARLSBAD BLVD CARLSBAD, CA 92008-3225 3660 CARLSBAD BOULEVARD TRUST 3660 CARLSBAD BLVD CARLSBAD, CA 92008-8208 3662-3664 GARFIELD STREET LLC 3662 GARFIELD ST CARLSBAD, CA 92008-8218 3718 CARLSBAD BLVD 3718 CARLSBAD BLVD CARLSBAD, CA 92008-8211 376 ACACIA AVE 376 ACACIA AVE CARLSBAD, CA 92008-3212 378 ACACIA AVE 378 ACACIA AVE CARLSBAD, CA 92008-3212 3900 GS HOLDINGS LLC 3900 GARFIELD ST CARLSBAD, CA 92008-4035 3915 LINMAR LANE LLC 3915 LINMAR LN CARLSBAD, CA 92008-4125 4020 SYME LLC 4020 SYME DR CARLSBAD, CA 92008-3561 4273 HIGHLAND 4273 HIGHLAND DR CARLSBAD, CA 92008-4224 5185 SHORE DRIVE CARLSBAD 5185 SHORE DR CARLSBAD, CA 92008-4347 5185 SHORE DRIVE CARLSBAD 5185 SHORE DR CARLSBAD, CA 92008-4347 580 LAGUNA LLC 580 LAGUNA DR CARLSBAD, CA 92008-1607 AL AND PAM VACATION RENTAL- 3862 3862 CARLSBAD BLVD CARLSBAD, CA 92008-4008 ALEJANDRO TORREBLANCA 4225 ISLE DR CARLSBAD, CA 92008-3620 ALEKSANDR SERGEYEV-260 TAMARACK 260 TAMARACK AVE CARLSBAD, CA 92008-4061 ANATRA VACANZA 932 ANATRA CT CARLSBAD, CA 92011-4876 ANCHORAGE INVESTMENTS LLC - 4347 4347 HIGHLAND DR CARLSBAD, CA 92008-4226 ANDREW SELNA 230 PACIFIC AVE CARLSBAD, CA 92008-2245 ANTHONY BELTRAN 2003 COSTA DEL MAR RD CARLSBAD, CA 92009-6803 ANTHONY BOUDREAULT-5380 5380 CARLSBAD BLVD CARLSBAD, CA 92008-4308 28 CTBID Management District Plan March 14, 2023 ANTHONY ROSS 175 CHINQUAPIN AVE CARLSBAD, CA 92008-7463 ANTON VISHNYAK 1045 MAGNOLIA AVE CARLSBAD, CA 92008-2539 AVI BEN-ARI 4108 PARK DR CARLSBAD, CA 92008-3635 BARBARA D POWELL 2955 OCEAN ST CARLSBAD, CA 92008-2954 BARBARA DELANEY 2003 COSTA DEL MAR RD CARLSBAD, CA 92009-6814 BEACH TERRACE INN OCEAN ST CARLSBAD, CA 92008-2241 BEACH VILLAGE RENTAL 3140 LINCOLN ST CARLSBAD, CA 92008-2933 BEACHY GETAWAY 3080 LINCOLN ST CARLSBAD, CA 92008-2929 BEACHY GETAWAY 3080 LINCOLN ST CARLSBAD, CA 92008-2929 BELLA SIRENA CONDO 3080 LINCOLN ST CARLSBAD, CA 92008-2929 BEST WESTERN BEACH VIEW LODGE CARLSBAD BLVD CARLSBAD, CA 92008-2908 BEST WESTERN CARLSBAD BY THE SEA MACADAMIA DR CARLSBAD, CA 92011-3205 BILL DALY UNIT 100B 4016 GARFIELD ST CARLSBAD, CA 92008-7454 BLUE OCEAN DREAMS 331 OAK AVE CARLSBAD, CA 92008-2945 BMILLS AND CO LLC 2639 GARFIELD ST CARLSBAD, CA 92008 BOB AND MONICA FLORA VACATION RENTAL 155 WALNUT AVE CARLSBAD, CA 92008-3147 BOB AND MONICA VACATION RENTAL NO 2 157 WALNUT AVE CARLSBAD, CA 92008-3147 BOB AND SUE CRUM RENTALS - 158 158 ACACIA AVE CARLSBAD, CA 92008-3201 BOB AND SUE CRUM RENTALS - 167 167 REDWOOD AVE CARLSBAD, CA 92008-4052 BRETT TODD 5100 EL ARBOL DR CARLSBAD, CA 92008-4314 BRIDGET O'GARA BLOOM 3245 GARFIELD ST CARLSBAD, CA 92008-3126 BRIGID FREYNE 329 OAK AVE CARLSBAD, CA 92008-2945 BROWN VACATION RENTALS 165 CHINQUAPIN AVE CARLSBAD, CA 92008-7408 BRUCE MADDEN 4485 ADAMS ST CARLSBAD, CA 92008-4206 CACL10 182 CHINQUAPIN AVE CARLSBAD, CA 92008-7448 CANDELARIA CORTEZ 2003 COSTA DEL MAR RD CARLSBAD, CA 92009-6803 CARLSBAD BY THE SEA RESORT PALOMAR AIRPORT RD CARLSBAD, CA 92011-4443 CARLSBAD DREAM UNIT A 3360 CARLSBAD BLVD CARLSBAD, CA 92008-3103 CARLSBAD DREAM UNIT B 3360 CARLSBAD BLVD CARLSBAD, CA 92008-3103 CARLSBAD DREAM UNIT C 3360 CARLSBAD BLVD CARLSBAD, CA 92008-3103 CARLSBAD DREAM UNIT D 3360 CARLSBAD BLVD CARLSBAD, CA 92008-3103 CARLSBAD INN BEACH RESORT CARLSBAD BLVD Carlsbad, CA 92008-2906 CARLSBAD SUITES AVENIDA ENCINAS Carlsbad, CA 92008-4371 CAROLE ANN COLBERT 2005 COSTA DEL MAR RD CARLSBAD, CA 92009-6819 CASA DE CHINQUAPIN 460 CHINQUAPIN AVE CARLSBAD, CA 92008-4103 CASA DE COSTA 2003 COSTA DEL MAR RD CARLSBAD, CA 92009-6802 CASA SUPREMA 3080 LINCOLN ST CARLSBAD, CA 92008-2929 CASAS DE PUESTA DEL SOL 2599 OCEAN ST CARLSBAD, CA 92008-2236 CASAS DE PUESTA DEL SOL LLC 2601 OCEAN ST CARLSBAD, CA 92008-2238 CASSARA CARLSBAD ARMADA DR Carlsbad, CA 92008-4609 CATNAP RENTALS LLC 1186 LARKSPUR LN CARLSBAD, CA 92008-3405 CHERRY KMA LLC 160 CHERRY AVE CARLSBAD, CA 92008-8212 CHRIS MADDOX 4208 HIGHLAND DR CARLSBAD, CA 92008-4223 CHRIS PERSIDOK 234 TAMARACK AVE CARLSBAD, CA 92008-4061 CHRIS WHITMER 367 BEECH AVE CARLSBAD, CA 92008-2204 29 CTBID Management District Plan March 14, 2023 CHRISTINE WALLACE 3933 SYME DR CARLSBAD, CA 92008-3569 CIMA PROPERTIES 3664 CARLSBAD BLVD CARLSBAD, CA 92008-8208 CK BALE INVESTMENTS LLC 936 ANATRA CT CARLSBAD, CA 92011-4876 CLAIRE KRUGER - 4024 STE A 4024 GARFIELD ST CARLSBAD, CA 92008-7401 CLAIRE KRUGER - 4024 STE B 4024 GARFIELD ST CARLSBAD, CA 92008-7401 CNSW11 LLC 3080 LINCOLN ST CARLSBAD, CA 92008-2929 CNSW4 LLC 3080 LINCOLN ST CARLSBAD, CA 92008-2929 COASTAL BREEZE VACATION RENTAL -354 354 ACACIA AVE CARLSBAD, CA 92008-3212 COASTAL BREEZE VACATION RENTAL -364 364 ACACIA AVE CARLSBAD, CA 92008-3212 COASTAL STUDIO 474 CHINQUAPIN AVE CARLSBAD, CA 92008-4103 COURTNEY SULLIVAN 1420 YOURELL AVE CARLSBAD, CA 92008-1051 COURTNEY SULLIVAN 1420 YOURELL AVE CARLSBAD, CA 92008-1051 COURTYARD SAN DIEGO CARLSBAD OWENS AVE CARLSBAD, CA 92008-6562 COZY BEACH COTTAGE 3267 LINCOLN ST CARLSBAD, CA 92008-2942 CRAFTSMAN 154 154 SYCAMORE AVE CARLSBAD, CA 92008-3144 CYNTHIA BAUSCH-6821 6821 SHEARWATERS DR CARLSBAD, CA 92011-3702 CYNTHIA T BAUSCH - 3987 3987 JEFFERSON ST CARLSBAD, CA 92008-4118 CYNTHIA T BAUSCH - 6808 6808 SHEARWATERS DR CARLSBAD, CA 92011-3701 DAN AND NANCY WARNER 3116 LINCOLN ST CARLSBAD, CA 92008-2933 DANIELLE PENMAN 2431 BUENA VISTA CIR CARLSBAD, CA 92008-1601 DANIELS-SIMPSON 2003 COSTA DEL MAR RD CARLSBAD, CA 92009-6802 DAVID WATKINS 4030 PARK DR CARLSBAD, CA 92008-2619 DAYS INN PIO PICO DR CARLSBAD, CA 92008-3406 DENNIS DELMAR 202 CHINQUAPIN AVE CARLSBAD, CA 92008-7407 DEREK ORME-2315 2315 PIO PICO DR CARLSBAD, CA 92008-1037 DONALD J MOORE 3726 CARLSBAD BLVD CARLSBAD, CA 92008-8211 DOUGLASS LEE 351 OAK AVE CARLSBAD, CA 92008-2945 ECONO LODGE INN AND SUITES PIO PICO DR CARLSBAD, CA 92008-2554 ED WOZOW 3920 SKYLINE RD CARLSBAD, CA 92008-2745 ELISABETH BAUMGARTNER-CHANG 2005 COSTA DEL MAR RD CARLSBAD, CA 92009-6819 ELISABETH BAUMGARTNER-CHANG 2005 COSTA DEL MAR RD CARLSBAD, CA 92009-6819 EQUITAS REAL ESTATE HOLDINGS LLC 2651 GARFIELD ST CARLSBAD, CA 92008-2217 EVELYN ROSE - UNIT A 3009 OCEAN ST CARLSBAD, CA 920082972 EVELYN ROSE - UNIT B 3009 OCEAN ST CARLSBAD, CA 92008-2972 EVELYN ROSE - UNIT C 3009 OCEAN ST CARLSBAD, CA 92008-2972 EVELYN ROSE - UNIT D 3009 OCEAN ST CARLSBAD, CA 92008-2972 EVELYN ROSE - UNIT E 3009 OCEAN ST CARLSBAD, CA 92008-2972 EVELYN ROSE - UNIT F 3009 OCEAN ST CARLSBAD, CA 92008-2972 EVERGREEN HEBRON LP - UNIT A 3015 OCEAN ST CARLSBAD, CA 920082958 EVERGREEN HEBRON LP - UNIT A 3015 OCEAN ST CARLSBAD, CA 920082958 EVERGREEN HEBRON LP - UNIT B 3015 OCEAN ST CARLSBAD, CA 92008-2958 EVERGREEN HEBRON LP - UNIT B 3015 OCEAN ST CARLSBAD, CA 92008-2958 EXTENDED STAY AMERICA 8831 GRAND AVE Carlsbad, CA 92008-1813 FAIRFIELD INN AND SUITES CARLSBAD PALOMAR OAKS WAY CARLSBAD, CA 92008-6511 FATHI PROPERTY MANAGEMENT GROUP 4424 HIGHLAND DR CARLSBAD, CA 92008-4227 30 CTBID Management District Plan March 14, 2023 FEARN BOYS -150 TAMARACK AVE LLC 150 TAMARACK AVE CARLSBAD, CA 92008-4059 FERRARI VACATION PROPERTIES 393 DATE AVE CARLSBAD, CA 92008-7432 FREE ARROW INC - UNIT 670 2003 COSTA DEL MAR RD CARLSBAD, CA 92009-6803 G SQUARED PACIFIC LLC 1120 CAMINO DEL SOL CIR CARLSBAD, CA 92008-3509 GARFIELD RENTAL PROPERTY LLC - 3555 3555 GARFIELD ST CARLSBAD, CA 92008-3242 GARFIELD RENTAL PROPERTY LLC - 3559 3559 GARFIELD ST CARLSBAD, CA 92008 GAYLE CLARK- 3255 GARFIELD 3255 GARFIELD ST CARLSBAD, CA 92008-3126 GAYLE CLARK-3265 3265 GARFIELD ST CARLSBAD, CA 92008-3126 GEORGE AND JACKYE WILLIS TRUSTEES OF THE WILLIS FAMILY TRUST 539 CARLSBAD VILLAGE DR CARLSBAD, CA 92008-2362 GIGI'S AT LAGUNA ROW LLC 578 LAGUNA DR CARLSBAD, CA 92008 GLENN SUMMER HOMES LLC 2375 JEFFERSON ST CARLSBAD, CA 92008-1405 GLOBAL SPORTS MARKETING AND EVENTS INC 7270 PONTO DR CARLSBAD, CA 92011-4601 H AND M NORCOAST 155 CHESTNUT AVE CARLSBAD, CA 92008-3107 HELENBART CO - NORTH UNIT 2489 OCEAN ST CARLSBAD, CA 92008-2234 HELENBART CO - SOUTH 2489 OCEAN ST CARLSBAD, CA 92008-2234 HELENBART CO - UPPER UNIT 2489 OCEAN ST CARLSBAD, CA 92008-2234 HILTON CAPE REY - CARLSBAD PONTO RD CARLSBAD, CA 92011-4620 HILTON GARDEN INN CARLSBAD BEACH CARLSBAD BLVD Carlsbad, CA 92011-1058 HINES 3472 GARFIELD ST CARLSBAD, CA 92008-3238 HOLIDAY INN PALOMAR AIRPORT RD Carlsbad, CA 92009-1729 HOLIDAY INN EXPRESS AND SUITES RAINTREE DR CARLSBAD, CA 92011-3206 HOME2 SUITES CARLSBAD WRIGHT PL Carlsbad, CA 92008-6528 HOMES BY JIANG 4930 PARK DR CARLSBAD, CA 92008-3812 HOMEWOOD SUITES CARLSBAD PALOMAR AIRPORT RD Carlsbad, CA 92011-1553 HUGH R COBB 3080 LINCOLN ST CARLSBAD, CA 92008-2929 HYLAND INN PIO PICO DR CARLSBAD, CA 92008-2553 IRENE M PATTON 2677 GARFIELD ST CARLSBAD, CA 92008-2217 JACKIE LEWIS 2005 COSTA DEL MAR RD CARLSBAD, CA 92009-6821 JACLYN HARRTY 3950 HIBISCUS CIR CARLSBAD, CA 92008-4116 JACOB KLASSEN 4810 REFUGIO AVE CARLSBAD, CA 92008-3728 JACQUELINE FITCH 2003 COSTA DEL MAR RD CARLSBAD, CA 92009-6803 JAN VANSLYKE 951 JASMINE CT CARLSBAD, CA 92011-4826 JASON ANDERSON SNT 2003 COSTA DEL MAR RD CARLSBAD, CA 92009-6814 JEFFERSON POINT 2380 JEFFERSON ST CARLSBAD, CA 92008-1404 JESSICA SULLIVAN 2003 COSTA DEL MAR RD CARLSBAD, CA 92009-6814 JH RANCH LLC 3980 GARFIELD ST CARLSBAD, CA 92008-4035 JOANNE EKERLING 1190 TAMARACK AVE CARLSBAD, CA 92008-3417 JOE AND DEE DEE SHORT TERM VACATION RENTAL 4392 ADAMS ST CARLSBAD, CA 92008 JOEL HIRSCHKOFF 2355 JEFFERSON ST CARLSBAD, CA 92008 JOEL KLETT 2603 OCEAN ST CARLSBAD, CA 92008-2238 JOHN FIKE 2005 COSTA DEL MAR RD CARLSBAD, CA 92009-6819 JOHN FREIM 2005 COSTA DEL MAR RD CARLSBAD, CA 92009-6818 JOHN MCALLISTER 355 HEMLOCK AVE CARLSBAD, CA 92008-8228 JOHN SCHUREMAN 6891 WATERCOURSE DR CARLSBAD, CA 92011-3743 31 CTBID Management District Plan March 14, 2023 JOSEPH CUSANELLI 5420 CARLSBAD BLVD CARLSBAD, CA 92008-4416 JOSEPHINE DICKENS 3986 LINMAR LN CARLSBAD, CA 92008-4124 JR HOSPITALITY 1735 CEREUS CT CARLSBAD, CA 92011-5119 JULIE A DAILEY 1010 DAISY CT CARLSBAD, CA 92011-4846 JULIE BREGEN 1747 CEREUS CT CARLSBAD, CA 92011-5119 JULIE MIETUS PROPERTIES 2005 COSTA DEL MAR RD CARLSBAD, CA 92009-6818 JUNIPER BEACH PROPERTIES LLC - UNIT A 3690 CARLSBAD BLVD CARLSBAD, CA 92008-8210 JUNIPER BEACH PROPERTIES LLC - UNIT B 3690 CARLSBAD BLVD CARLSBAD, CA 92008-8210 JUNIPER BEACH PROPERTIES LLC - UNIT C 3690 CARLSBAD BLVD CARLSBAD, CA 92008-8210 JUNIPER BEACH PROPERTIES LLC - UNIT D 3690 CARLSBAD BLVD CARLSBAD, CA 92008-8210 JUNIPER STUDIO 271 JUNIPER AVE CARLSBAD, CA 92008 KAB HOUSING-2435 TUTTLE ST 2435 TUTTLE ST CARLSBAD, CA 92008-1446 KAREN CLEMENTS 5021 TIERRA DEL ORO ST CARLSBAD, CA 92008-4351 KAREN R THOMPSON 3406 CARLSBAD BLVD CARLSBAD, CA 92008-3224 KATHLEEN KENNEDY 1733 CALAVO CT CARLSBAD, CA 92008-4252 KEVIN BENDER PRESENTS -STVR 4070 ADAMS ST CARLSBAD, CA 92008-3504 KIMBERLY FLAMMER 2943 JEFFERSON ST CARLSBAD, CA 92008-2333 KIMBERLY MCEVOY 1758 CAPE MAY PL CARLSBAD, CA 92008-3608 KIMBERLY TODD 6471 FRANCISCAN RD CARLSBAD, CA 92011-3212 LA COSTA CHATEAUS - 697 2003 COSTA DEL MAR RD CARLSBAD, CA 92009-6815 LA COSTA PARADISO 1720 CATALPA RD CARLSBAD, CA 92011-5106 LA QUINTA CARLSBAD MACADAMIA DR Carlsbad, CA 92011-3205 LAGUNA PROJECT LP 584 LAGUNA DR CARLSBAD, CA 92008 LANGEN BEACH HOUSE 3418 CARLSBAD BLVD CARLSBAD, CA 92008-3224 LATRONICA B AND B 2459 TUTTLE ST CARLSBAD, CA 92008-1446 LAURIE REISS 446 CHINQUAPIN AVE CARLSBAD, CA 92008-4103 LB BEACH PROPERTIES LLC - 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UNIT 2A 3150 OCEAN ST CARLSBAD, CA 92008-2974 OCEAN ELEMENTS AT CARLSBAD - UNIT 3 3150 OCEAN ST CARLSBAD, CA 92008-2974 OCEAN ELEMENTS AT CARLSBAD - UNIT 4 3150 OCEAN ST CARLSBAD, CA 92008-2974 OCEAN ELEMENTS AT CARLSBAD - UNIT 4A 3150 OCEAN ST CARLSBAD, CA 92008-2974 OCEAN ELEMENTS AT CARLSBAD - UNIT 5 3150 OCEAN ST CARLSBAD, CA 92008-2974 OCEAN ELEMENTS AT CARLSBAD - UNIT 6 3150 OCEAN ST CARLSBAD, CA 92008-2974 OCEAN ELEMENTS AT CARLSBAD - UNIT 6A 3150 OCEAN ST CARLSBAD, CA 92008-2974 OCEAN ELEMENTS AT CARLSBAD - UNIT 7 3150 OCEAN ST CARLSBAD, CA 92008-2974 OCEAN ELEMENTS AT CARLSBAD - UNIT 8 3150 OCEAN ST CARLSBAD, CA 92008-2974 OCEAN ELEMENTS AT CARLSBAD - UNIT 8A 3150 OCEAN ST CARLSBAD, CA 92008-2974 OCEAN MIST LLC - 335 335 OAK AVE CARLSBAD, CA 92008-2945 OCEAN PALMS BEACH RESORT OCEAN ST CARLSBAD, CA 92008-2952 OCEAN STREET VILLAS LLC - UNIT A 2895 OCEAN ST CARLSBAD, CA 92008-2995 OCEAN STREET VILLAS LLC - UNIT B 2895 OCEAN ST CARLSBAD, CA 92008-2995 OCEAN STREET VILLAS LLC - UNIT C 2895 OCEAN ST CARLSBAD, CA 92008-2995 OCEAN STREET VILLAS LLC - UNIT D 2895 OCEAN ST CARLSBAD, CA 92008-2995 OCEAN STREET VILLAS LLC - UNIT E 2895 OCEAN ST CARLSBAD, CA 92008-2995 OCEAN STREET VILLAS LLC - UNIT F 2895 OCEAN ST CARLSBAD, CA 92008-2995 OCEAN STREET VILLAS LLC - UNIT G 2895 OCEAN ST CARLSBAD, CA 92008-2995 OCEAN STREET VILLAS LLC - UNIT H 2895 OCEAN ST CARLSBAD, CA 92008-2995 OCEAN STREET VILLAS LLC - UNIT I 2895 OCEAN ST CARLSBAD, CA 92008-2995 OCEAN STREET VILLAS LLC - UNIT SAND 2895 OCEAN ST CARLSBAD, CA 92008-2995 OLIVE RENTAL 260 OLIVE AVE CARLSBAD, CA 92008-7425 33 CTBID Management District Plan March 14, 2023 OMNI LA COSTA LLC COSTA DEL MAR RD CARLSBAD, CA 92009-6823 PACKARD RENTAL 3965 PACKARD LN CARLSBAD, CA 92008-3651 PALMA DE LA PLAYA - LOWER UNIT 3021 OCEAN ST CARLSBAD, CA 92008-2958 PALMA DE LA PLAYA - UPPER UNIT 3021 OCEAN ST CARLSBAD, CA 92008-2958 PAM KERCKHOFF 3080 LINCOLN ST CARLSBAD, CA 92008-2929 PARK HYATT AVIARA AVIARA RESORT DR Carlsbad, CA 92011-4908 PARK HYATT AVIARA - EMBER AND RYE BATIQUITOS DR Carlsbad, CA 92011-4732 PARK HYATT AVIARA - 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