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HomeMy WebLinkAbout2012-09-11; City Council; Resolution 2012-2211 RESOLUTION NO. 2012-221 2 3 4 5 6 7 8 9 10 11 12 18 19 20 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO FORM THE CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT DISTRICT, FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND PUBLIC HEARING THEREON, AND GIVING NOTICE THEREOF WHEREAS, the City of Carlsbad ("City") desires to establish a Business Improvement District ("BID") which shall be called the Carlsbad Golf Lodging Business Improvement District ("CGLBID") and levying an assessment on lodging businesses within the CGLBID boundaries; and WHEREAS, the Parking and Business Improvement Area Law of 1989, 13 Streets and Highways Code §36500 et seq., authorizes cities and counties to establish 14 parking and business improvement areas for the purpose of tourism promotion; and j5 WHEREAS, lodging business owners within the proposed CGLBID have requested the Carlsbad City Council establish such an improvement area; and 17 WHEREAS, lodging businesses have facilitated the request to form the CGLBID and the City Council desires to establish an advisory board to make reports and recommendations to it regarding the activities provided by the proposed CGLBID. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 21 Carlsbad, California, as follows that: 22 1. The above recitations are true and correct. 2. The City Council declares its intention to form the CGLBID and to levy and collect assessments within the CGLBID boundaries pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code §36500 et seq. The boundaries ofthe CGLBID shall be the boundaries ofthe City of Carlsbad. The district shall include all lodging businesses which have 1 voluntarily submitted a signed request to the City Clerk to be included. Once 2 a lodging business has submitted a signed request to be included, the assessment shall be mandatory. 3. The name of the area shall be the Carlsbad Golf Lodging Business Improvement District. The District shall be created for a one-year term and may be renewed annually in accordance with Streets and Highways Code §36532. 3 4 5 6 7 8 9 4. The City Council intends to form the CGLBID to promote golf-related 10 tourism within the boundaries of the CGLBID, as well as marketing related 11 capital improvements such as golf-related signage, golf-related equipment, and to pay for related administrative costs. 5. The proposed CGLBID will include all lodging businesses within the City of Carlsbad that have elected to be part of the district. Businesses may elect to participate in the district by submitting a written letter to the City requesting 12 13 14 15 16 inclusion. Participating businesses will be listed in the annual report submitted to the City. New businesses opening during the term of the district 19 will receive notice of the opportunity to be included at least thirty days prior to 20 the annual hearing 6. The assessment is proposed to be levied on all participating lodging businesses, existing and in the future, within the CGLBID based upon $2.00 per occupied paid room per night. Except where funds are othen/vise available, an assessment will be levied annually to pay for the programs and activities within the district. New lodging businesses within the CGLBID boundaries, which elect to participate in the district, will not be exempt from 21 22 23 24 25 26 27 28 1 the levy of assessment as authorized by Streets and Highways Code §36531. 2 The CGLBID assessment shall not include stays over thirty days, or stays by any federal or state employee when on government business. 7. The total CGLBID assessment collected in year one is estimated to be $200,000. The funds raised shall be spent to promote golf-related overnight stays within the boundaries of the CGLBID and pay for related administrative 3 4 5 6 7 ^ costs. The assessments paid by each assesse shall be fonA/arded to that 9 assesse to provide the golf-related stay tourism promotion services. 10 8. Funds remaining at the end of any CGLBID term may be used in 11 subsequent years in which CGLBID assessments are levied as long as they are used consistent with the requirements of this Resolution. Upon withdrawal of any business from the CGLBID, any remaining funds collected from that business will be spent consistent with the provisions of the Carlsbad Tourism Business Improvement District. Upon termination of the CGLBID, any remaining funds will be spent consistent with the provisions of the Carlsbad Tourism Business Improvement District. 19 9. The City of Carlsbad will collect the assessment on a monthly basis from 20 the lodging businesses within the CGLBID. The City of Carlsbad will retain 21 four percent (4 percent) or actual costs if higher of the amount collected to cover costs of collection. 12 13 14 15 16 17 18 22 23 24 25 26 2y CGLBID regulations and report the amount expended on allowed CGLBID 28 10. Each lodging business assessed by the CGLBID shall submit a quarterly accounting of expenses for CGLBID activities to the advisory board. The advisory board shall review the quarterly accounting for compliance with 1 activities to the City. Upon approval by the advisory board, the City shall 2 reimburse each business for CGLBID-activity-related expenses in an amount not to exceed the amount of assessment collected from that business minus administrative costs of four percent (4 percent) or actual costs if higher. 11. The City Council shall make all appointments to the CGLBID advisory board. There shall be at least three, and no more than seven, members appointed to the advisory board. Initially the board's three members would be 9 a golf representative, two member representatives and a non-voting city staff 10 member. 11 12. The CGLBID advisory board shall submit an annual report, which shall 12 13 14 15 16 17 jg intent to be included in the CGLBID for the following year from each business. 19 13. The time and place for a public meeting for comments on the proposed 20 CGLBID and the levy of assessments are set for September 25, 2012 in the 21 City Council chambers located at 1200 Cadsbad Village Drive, Carlsbad, CA 92008. 22 23 24 25 26 27 28 include a budget for operations and an identification of the marketing efforts to be undertaken by the CGLBID for the ensuing calendar year, to the Carlsbad City Council pursuant to Streets and Highways Code §36533. The annual report will include a listing of the lodging businesses proposed to be included in the CGLBID for the following year and a signed affirmation of 14. The time and place for the public hearing to form the CGLBID and levy assessments are set for November 6, 2012 in the City Council chambers located at 1200 Cadsbad Village Drive, Carlsbad, CA 92008. 15. At the public meeting and public hearing the testimony of all interested persons for or against forming the CGLBID, the extent of the CGLBID, or the furnishing of specified types of improvements or activities will be heard. 16. A protest against forming the CGLBID, the extent of the CGLBID, or the furnishing of a specified type of program or activity, as provided in Streets and Highways Code §36524, may be made in writing. To count in a protest against the CGLBID, a protest must be made in writing. A written protest may 9 be withdrawn, in writing, at any time before the conclusion of the public 10 hearing. Each written protest shall contain a description of the business in 11 which the person signing the protest is interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the City of Carlsbad as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. If the owner of the business is a corporation, LLC, partnership or other legal entity, the authorized representatives for the entity shall be authorized to sign the protest. Any 19 protest as to the regularity or evidence of the proceedings shall be in writing 20 and clearly state the irregularity or defect to which objection is made. Written 21 protests must be received by the Clerk of the City of Carlsbad before the close ofthe public hearing scheduled herein, and may be delivered or mailed to the City Clerk at 1200 Carlsbad Village Drive, Cadsbad, CA 92008. 17. If, at the conclusion of the public hearing, there are of record written protests by the participating owners of businesses within the CGLBID that will collectively pay fifty percent (50 percent) or more of the total CGLBID 12 13 14 15 16 17 18 23 24 25 26 27 28 1 assessment, no further proceedings to form the CGLBID shall occur for a 2 period of one year from the date of the finding of a majority protest. If the majority of written protest is only as to a proposed improvement or activity, then that type of improvement or activity shall not be included in the CGLBID. 18. Further information regarding the proposed CGLBID may be obtained from the City Clerk, at 1200 Cadsbad Village Drive, Carlsbad, CA 92008. 19. The City Clerk is instructed to provide notice of the public meeting and 9 public hearing as follows: 10 11 a. Publish this Resolution of Intention in a newspaper of general circulation in the City of Cadsbad at least seven days before the 12 hearing; and b. Mail a complete copy of this Resolution of Intention to each and every business owner proposed to be assessed in the CGLBID within seven 14 days of the adoption of this Resolution. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. This resolution shall take effect immediately upon its adoption, and the City Clerk shall certify the vote adopting this resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Cadsbad on the 11th day of September 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. ABSENT: None. LORRAINE M. WOOD, City Clerk (SEAL)