HomeMy WebLinkAbout2024-07-30; City Council; 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 LODGIN...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
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.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 23rd
day of !.Y.!Y, 2024, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 30th day of !.Y.!Y, 2024, by the following vote, to wit:
AYES:
NAYS:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
ABSTAIN: NONE.
ABSENT: NONE.
APPROVED AS TO FORM AND LEGALITY:
~ /<-Mu-I~
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)