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Home My WebLink About2024-07-30; City Council; ; Adoption of Ordinance No. CS-472 Repealing Carlsbad Municipal Code Chapter 3.38 – Carlsbad Golf Lodging Business Improvement DistrictCA Review CKM Meeting Date: July 30, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Director faviola.medina@carlsbadca.gov, 442-339-5989 Subject: Adoption of Ordinance No. CS-472 Repealing Carlsbad Municipal Code Chapter 3.38 – Carlsbad Golf Lodging Business Improvement District District: All Recommended Action Adoption of Ordinance No. C-472 repealing Chapter 3.38 of the Carlsbad Municipal Code and disestablishing the Carlsbad Golf Lodging Business Improvement District. Executive Summary On April 18, 2023, the City Council formed a new Carlsbad Tourism Business Improvement District under the Property and Business Improvement District Law of 1994 (California Streets and Highways Code Section 36600 et seq.1). The new district established a benefit zone focused on golf-related programs that was intended to replace the Carlsbad Golf Lodging Business Improvement District, which was established under an older state law that imposed limitations on the district. The new district creates greater efficiencies in how Carlsbad is marketed for tourism. With a replacement program in place, the Carlsbad Golf Lodging Business Improvement District assessment was discontinued on June 30, 2023. However, before disestablishing the district, all remaining funds in the Carlsbad Golf Lodging Business Improvement District account had to be exhausted. All remaining funds have now been exhausted and the Carlsbad Golf Lodging Business Improvement District’s Advisory Board approved a recommendation to the City Council to disestablish the district. On June 25, 2024, the City Council adopted Resolution No. 2024-157 declaring its intention to repeal Carlsbad Municipal Code Chapter 3.38, disestablishing the Carlsbad Golf Lodging Business Improvement District and held a public hearing on July 23, 2024. The City Council is being asked to adopt Ordinance No. CS-472 repealing Chapter 3.38 of the Carlsbad Municipal Code and disestablishing the Carlsbad Golf Lodging Business Improvement District. 1 As referenced, et seq., or et sequentes, means all of the codes in Division 18, Part 7 of the California Health & Safety Code, not just the single code section cited. July 30, 2024 Item #7 Page 1 of 5 Explanation & Analysis Ordinance No. CS-472 was introduced and first read at the City Council meeting held on July 23, 2024. On a motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, the City Council voted 5/0 to introduce Ordinance No. CS-472 repealing Chapter 3.38 of the Carlsbad Municipal Code and disestablishing the Carlsbad Golf Lodging Business Improvement District. The second reading allows the City Council to adopt the ordinance. The ordinance shall be effective thirty days after its adoption. The City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. Fiscal Analysis Since the Carlsbad Golf Lodging Business Improvement District operations were replaced by a similar program under the new Carlsbad Tourism Business Improvement District, there is no immediate fiscal impact on the city from approving the disestablishment of the no-longer needed district. Next Steps The City Clerk’s Office will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following the adoption of the ordinance. The ordinance will be effective 30 days following its adoption. Environmental Evaluation This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. Exhibit 1. Ordinance No. CS-472 July 30, 2024 Item #7 Page 2 of 5 Exhibit 1 ORDINANCE NO. CS-472 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING CHAPTER 3.38 OF THE CARLSBAD MUNICIPAL CODE AND DISESTABLISHING THE CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT DISTRICT WHEREAS, on Nov. 27, 2012, the City Council of the City of Carlsbad approved Ordinance No. CS-194 enacting Chapter 3.38 of the Carlsbad Municipal Code establishing the Carlsbad Golf Lodging Business Improvement District (CGLBID) under the Parking and Business Improvement Area Law of 1989 (89 Law) (California Streets and Highways Code Section 36500 et seq.); and WHEREAS, the City Council formed a new Carlsbad Tourism Business Improvement District on April 18, 2023 (New CTBID) under the Property and Business Improvement District Law of 1994 (94 Law) (California Streets and Highways Code Section 36600 et seq.) as effectuated in City Council Resolution No. 2023-118; and WHEREAS, the New CTBID will continue providing golf-related programs and activities with Visit Carlsbad as the contracted Owners’ Association as defined under the 94 Law; and WHEREAS, as a result of the New CTBID’s establishment, the Carlsbad Golf Lodging Business Improvement District wound down operations and exhausted its remaining funds as of May 6, 2024; and WHEREAS, as a result of disestablishing the Carlsbad Golf Lodging Business Improvement District, Chapter 3.38 of the Carlsbad Municipal Code will become obsolete; and WHEREAS, the City Council has the authority to disestablish the Carlsbad Golf Lodging Business Improvement District under California Streets and Highways Code Section 36550; and WHEREAS, on June 25, 2024, the City Council adopted Resolution No. 2024-157 (Resolution of Intention) declaring its intention to disestablish the Carlsbad Golf Lodging Business Improvement District, repeal Chapter 3.38 of the Carlsbad Municipal Code, and set a public hearing for July 23, 2024 at 5 p.m. at Carlsbad City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; and WHEREAS, in accordance with California Streets and Highways Code Section 36523, city staff caused a complete copy of the Resolution of Intention to be published in a newspaper of general circulation in the city, and within seven (7) days following the adoption of the Resolution of Intention furnished a complete copy via first-class mail to each business owner assessed within the Carlsbad Golf Lodging Business Improvement District; and July 30, 2024 Item #7 Page 3 of 5 WHEREAS, on July 23, 2024, a public hearing was held at Carlsbad City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, 92008, where evidence, both written and oral, was presented to, and considered by, the City Council during the public hearing; and WHEREAS, the City Planner has determined disestablishment of the Carlsbad Lodging Business Improvement District is exempt from the California Environmental Quality Act because this action does not constitute a project under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. Carlsbad Municipal Code Chapter 3.38, Carlsbad Golf Lodging Business Improvement District, is repealed in its entirety. 3. Pursuant to California Streets and Highways Code Section 36550, the City Council disestablishes the Carlsbad Golf Lodging Business Improvement District. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. July 30, 2024 Item #7 Page 4 of 5 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 23rd day of July, 2024, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor _______________________________________ SHERRY FREISINGER, City Clerk (SEAL) July 30, 2024 Item #7 Page 5 of 5