HomeMy WebLinkAbout2022-07-13; Carlsbad Tourism Business Improvement District; ; Governance UpdateCARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT
Staff Report
Meeting Date: July 13, 2022
Subject: Governance Update
Recommended Action
• Receive a report regarding a potential alternate governance structure, including
proposed Management District Plan options for the Carlsbad Tourism Business
Improvement District, discuss and provide recommendations
• Adopt a resolution approving a proposed Management District Plan option
• Adopt a resolution appropriating an additional $25,000 from reserve funds for special
counsel and consultant services to pursue the establishment of an alternate governance
structure
Item Explanation
At the January 12, 2022 meeting, the CTBID Advisory Board recommended the exploration of
options to update the governance structure of the Carlsbad Tourism Business Improvement
District (CTBID) to operate under the Property and Business Improvement District Law of 1994
("94 Act"). It appropriated $50,000 to be used to analyze options and bring back a
recommendation for consideration. Staff have retained outside legal counsel and a consultant,
Civitas Advisors, to assist with the analysis and propose options for the CTBID Advisory Board to
consider.
Staff have been working with the consultant to analyze options and considerations as part of the
due diligence. Civitas Advisors has drafted two options to consider for a Management District
Plan that could be used as the basis to establish a new district under the 94 Act.
Option 1 would function similarly as the current CTBID, with the same boundaries, assessment
level, and overall goals as the current model, but with the benefits of the 94 Act structure. These
benefits include allowing the Advisory Board function and the DMO function to occur within the
same organization leading to greater efficiency, a five-year and subsequent ten-year
authorization period allowing for longer term strategies to be implemented, and clarification of
roles that reduce potential conflicts of interest.
Option 2 is the same as Option 1 but with a notable "special zone" included. This special zone
would function as an opt-in zone for golf lodging businesses. If the proposed alternate
governance structure is approved, the special zone would replace the Carlsbad Golf Lodging
Business Improvement District (CGLBID).
July 13, 2022 Item 2 Page 1 of 75
In Option 2, the opt-in special zone would assess an additional 1% assessment per room night.
The current CGLBID assessment is $2 per room night. The 1% would be anticipated to collect an
estimated $300,000 more than the current $2 assessment and could provide additional funding
for promotion of lodging related to golf in Carlsbad. The consolidation of the CGLBID into the
newly authorized TBID would similarly allow for greater efficiency and streamline operations
within one organization.
Based on feedback from the TBID Advisory Board, the consultant has created two draft
"Management District Plans" for consideration. Attachment A to Exhibit 1 represents Option 1,
above. Attachment A to Exhibit 2 represents Option 2, above. Option 2 may only be considered
if the CGLBID approves pursuing an alternate governance model. The Ad Hoc Governance
Subcommittee has reviewed the proposed management disfrict plans and recommended they
be considered by the full TBID Advisory Board.
The Management District Plan sets the parameters through which any new TBID would operate
including allowable activities. Should the CTBID Advisory Board approve a proposed M anagement
District Plan, it would be approving moving forward with the pursuit of the alternate governance
model.
Next Steps
Should the TBID Advisory Board approve a Management District Plan, the next step would be to
petition all businesses that are covered in the proposed CTBID boundary. This represents all
lodging businesses, hotels, motels, and short term vacation rentals. To move forward, more
than 50% of businesses, as measured by total assessment contribution, would need to approve
the establishment of the alternate structure.
A resolution of intention to form a new CTBID would also be considered by the City Council.
Fiscal Impact
Should the CTBID Advisory Board approve the Management District Plan and pursuing the
alternate governance model, additional funds could be necessary to ensure the process is able
to move forward through completion. Should TBID Advisory Board approve the appropriation of
additional funds, $25,000 would be appropriated from TBID reserve funds.
Environmental Impact
This action 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 in the environment, or a reasonably foreseeable indirect
physical change in the environment.
Exhibits
1. Resolution approving Management District Plan -Option 1
2. Reso lution approving Management District Plan -Option 2
3. Resolution appropriating additional funds for special counsel and consultant services
July 13, 2022 Item 2 Page 2 of 75
RESOLUTION NO.
A RESOLUTION OF THE ADVISORY BOARD OF THE CARLSBAD TOURISM
BUSINESS IMPROVEMENT DISTRICT APPROVING A MANAGEMENT DISTRICT
PLAN TO BE USED IN THE ESTABLISHMENT OF A NEW TOURISM BUSINESS
IMPROVEMENT DISTRICT OPERATING UNDER THE PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT LAW OF 1994
EXHIBIT 1
WHEREAS, the Carlsbad Tourism Business Improvement District (CTBID) Advisory Board is
currently operating under the Parking and Business Improvement Area Law of 1989 ("89 Act"); and
WHEREAS, the CTBID increased the assessment from $1 per room night to 2% of gross room
revenues in November 2020, creating a larger budget to market Carlsbad as a destination; and
WHEREAS, a more sophisticated governance model and authorization structure would drive
greater efficiency and stability of operations; and
WHEREAS, the Property and Business Improvement District Law of 1994 ("94 Act") would
allow for a tourism business improvement district to be established that would consolidate decision-
making authority by eliminating the two-board structure and creating a single non-profit entity that
can administer both the advisory services and marketing services; and
WHEREAS, the consolidation of these functions into one organization could allow for more
concise planning and greater efficiency; and
WHEREAS, the proposed Management District Plan (Attachment A) sets the parameters
through which a newly established CTBID would operate, including the assessment level, district
boundaries, and allowable activities.
NOW, THEREFORE, BE IT RESOLVED by the Advisory Board of the Carlsbad Bu siness
Improvement District as follows:
1. The above recitations are true and correct.
2. The CTBID Advisory Board approves the Management District Plan included as
Attachment A
July 13, 2022 Item 2 Page 3 of 75
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Advisory Board of the Carlsbad
Tourism Business Improvement District on the __ day of ____ _, 2022, by the following vote,
to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN
TIM STRIPE, Chair
FAVIOLA MEDINA, City Clerk Services Manager
{SEAL)
July 13, 2022 Item 2 Page 4 of 75
CARLSBAD TOURISM BUSINESS
IMPROVEMENT DISTRICT
MANAGEMENT D ISTRICT PLAN
Prepare~l?ursuant to the Property and Business Improvement District
.L!Hl¥ bj1J~'?--Streets and Highways Code section 36600 et seq.
Contents
I. OVERVIEW ........................................................................................................................................ 3
II. BACI<GROUND ................................................................................................................................ 4
III. BOUNDARY ....................................................................................................................................... 5
IV. ASSESSMENT BUDGET AND SERVICES ................................................................................ 6
A. A nnua l Service Plan ............................................................................................................ 6
B. Annual Budget .................................................................................................................... 8
C. California Constitutiona l Compliance ................................................................................ 8
D. Assessment ........................................................................................................................ 10
E. Penalties and Interest ........................................................................................................ 10
F. Time and Manner for Collecting Assessments ................................................................. 11
V. GOVERNANCE ............................................................................................................................... 12
A. Owners' Association ......................................................................................................... 12
B. Brown Act and California P ublic Records Act Compliance ............................................ 12
C. Annual Report ................................................................................................................... 12
APPENDIX l -LAW .................................................................................................................................... 13
APPENDIX 2 -ASSESSED BUSINESSES ............................................................................................. 24
July 13, 2022
Prepared by
Civ itas ••• • • CIVITAS
PARTNERSHIPS • PROGRESS • PROSPERITY
(800)999-7781
www .civ itasad visors.com
Item 2 Page 6 of 75
I. OVERVIEW
Developed by the City of Carlsbad (City), and Carlsbad hoteliers, the Carlsbad Tourism Business
Improvement District (CTBID) is an as sessment 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 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 $5,700,000. 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 wh o is exempt by reason of express provision of federal law or
international treaty.
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 January 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 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.
CTBID Management District Plan
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Item 2 Page 7 of 75
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 J ersey 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.
120
100
80
60
40
20
Number of Districts Operating in California
109114
101 95
75
61 64
46
1 2 4
0 --I.I
9 12 6
... iii ill iiiiil
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 1s 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 kry difference between TBIDs and other benefit assessment districts is thatf1mds
raised are returned to the private non-prqfit cor;poration governing the district.
T here 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 wh o will pay the assessment; and
• They provide a stable, long-term funding source for tourism promotion.
CTBID Management District Plan
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Item 2 Page 8 of 75
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.
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.
Carlsbad TBID
Car1Sbad City Limits •
CTBID Management District Plan
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Item 2 Page 9 of 75
IV. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment 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 $5,700,000.
Initial Annual Assessment Budget
$5,700,000
Sales & Marketing,
$4,560,000 , 80%
Grants Program,
$342,000, 6%
Contingency/ Reserve
, $399,000, 7%
Administration &
Operations,
$285,000 , 5%
City Admin Fee,
$114,000 , 2%
Although actual revenues will fluctuate due to market conditions, the proportional allocations of the
budget shall remain the same. However, 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 tl1e 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
multiple budget categories. The staffing levels necessary to provide the services below will be
determined by the VC on an as-needed basis.
CTBID Management District Plan
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Item 2 Page 10 of 75
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 ads targeted at potential visitors;
• 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 and Sales Manager 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.
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
o bjectives 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 general commerce
for Carlsbad, 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.
CTBID Management District Plan
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Ite m 2 Page 11 of 75
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 th~ 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.
B. Annual Budget
The total five (5) year improvement and service plan budget is projected at approximately $5,700,000
annually, or $30,262,074 through 2027 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 IBID budgets. A similar budget is expected to apply to subsequent years, but
this budget is expected to fluctuate as room sales do.
Year Sales & Grants Admin& Contingency City Total Marketing Programs Operations /Reserve Admin Fee
2023 $4,560,000 $342,000 $399,000 $285,000 $1 14,000 $5,700,000
2024 $4,696,800 $352,260 $410,970 $293,550 $117,420 $5,871,000
2025 $4,837,704 $362,828 $423,299 $302,357 $120,943 $6,047,130
2026 $4,982,835 $373,713 $435,998 $311,427 $124,571 $6,228,544
2027 $5,132,320 $384,924 $449,078 $320,770 $128,308 $6,415,400
T otal $24,209,659 $1,815,724 $2,118,345 $1,513,104 $605,241 $30,262,074
C. California Constitutional Compliance
T he 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 these
exceptions 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 the
benefits 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
1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
2 Cal. Const. art Xlll C § I ( e )(I)
CTBID Management District Plan
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Item 2 Page 12 of 75
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
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 Service
The 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 T he 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 Government Code § 53758(a)
4 Cal. Const. art :xm C § l(e)(2)
5 Government Code§ 53758(b)
6 Government Code§ 53758(b)
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Item 2 Page 13 of 75
3. Reasonable Cost
CTBID 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
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.
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 any purpose,
including calculation of transient occupancy taxes.
Bonds shall not be issued.
E. Penalties and Interest
The 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:
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July 13, 2022 Item 2 Page 14 of 75
1. Original Delinq11enry. 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. Contin11ed Delinq11enry. Any owner of an assessed lodging business who fails to remit any
delinquent remittance on or before a period of thirty (30) days following the date on which
the remittance first became delinquent shall pay a second delinquency penalty of ten percent
(10%) o f the amount of the assessment in addition to the amount of the assessment and the
ten percent (10%) penalty first imposed.
3. A11dit Deficienry. If, upon audit by the City, an owner of an assessed lodging business is found
to 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 net
deficiency. 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 o f the invoice, an
additional 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 be
added 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 who
fails 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, exclusive
of 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 the
provisions of this section shall become a part of the assessment required to be paid by this
Plan.
F. Time and Manner for Collecting Assessments
The CTBID will have a five (5) year life, beginning J anuary 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.
CTBID Management District Piao
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Item 2 Page 15 of 75
V. GOVERNANCE
A. Owners' Association
The 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 Directors
shall 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.
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 accoun tability. 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 Report
The 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 business
owner 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 assessments
levied pursuant to this part.
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APPENDIX 1-LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2022 SUPPLEMENT***
(ALL 2021 LEGISLATION)
STREETS AND HIGHWAYS CODE
DIVJSION 18. PARKJNG
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 I 994."
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 inadequate
facilities, services, and activities in the business districts.
(b) It is in the public interest to promote the economic revitalization and physical maintenance of business
districts 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 benefits
upon 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 the
30 districts studied.
(2) Job creation.
(3) Business attraction.
( 4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution ofredevelopment agencies throughout the state, property and business improvement
districts have become even more important tools w ith which communities can combat blight, promote
economic opportunities, and create a clean and safe environment.
(g) Since the enactment of this act, the people of California have adopted Proposition 218, which added
Article Xlll 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 XIll D of the Constitution
provides 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, its
interaction with the provisions of Article XIll D of the Constitution, and the determination of special benefits
in 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, and
activities 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 assessed
inherently 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
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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 clarity
regarding 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 with
legislative intent regarding restrictions on property-based assessments, and the manner in which
special benefits should be determined.
36602. Purpose of part
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
36606. "Activities"
"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 services
supplemental to those normally provided by the municipality.
(t) Other services provided for the purpose of conferring special benefit upon assessed real property or
specific benefits upon assessed businesses located in the district.
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.
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36608. "City"
"City" means a city, county, city and county, or an agency or entity created pursuant to Article I (commencing with
Section 6500) of Chapter 5 of Division 7 of Title I 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"
"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, disp lay 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.
U) Facilities or equipment, or both, to enhance security of persons and property within the district.
(k) Ramps, sidewalks, plazas, and pedestrian malls.
(I) Rehabilitation or removal of existing structures.
36611. "Management district plan"; "Plan"
"Management district plan" or "plan" means a proposal as defined in Section 36622.
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 I 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 I of the Government Code), for all
records relating to activities of the district.
36614. "Property"
"Property" means real property situated within a district.
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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 ofownership 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.
3661 S.S. "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 fo r 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.
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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 proposed
district who will pay more than 50 percent of the assessments proposed to be levied, the city council may
initiate 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 business
owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be
included in determining whether the petition is signed by property or business owners who will pay more
than 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 of
the management district plan. That summary shall include all of the fo llowing:
(I) 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:
(I) 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 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 requirements
of 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 parcel
of 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 owner
to reasonably determine whether a business is located within the district boundaries. If the assessment will
be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property
and 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 for
establishment 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 a
proposed 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 created
pursuant 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 ( commencing
with Section 36500)). This part does not prohibit the boundaries of a business assessment district created
pursuant to this part to overlap with another business assessment district created pursuant to this part. This
part 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 operation
are the same, a description of the first year's proposed improvements, maintenance, and activities and a
statement that the same improvements, maintenance, and activities are proposed for subsequent years shall
satisfy the requirements of this subdivision.
(e) The total annual an1ount proposed to be expended for improvements, maintenance, or activities, and debt
service in each year of operation of the district. If the assessment is levied on businesses, this amount may
be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year
of operation of the district is not significantly different, the amount proposed to be expended in the initial
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year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this
subdivision.
(t) The proposed source or sources of financing, including the proposed method and basis of levying the
assessment in sufficient detail to allow each property or business owner to calculate the amount of the
assessment to be levied against his or her property or business. The plan also shall state whether bonds will
be 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. Tn a new district, the maximum number
of years shall be five. Upon renewal, a district shall have a term not to exceed IO years. Notwithstanding
these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy
assessments until the maximum maturity of the bonds. The management district plan may set forth specific
increases in assessments for each year of operation of the district.
(i) The proposed time for implementation and completion of the management district plan.
U) Any proposed rules and regulations to be applicable to the district.
(k)
{I) 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 a
district wi ll 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) ln 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 public
improvement, 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 the
proportional 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 conferred
on 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 the
governmental 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 col lateral effects
that 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 any
special benefit or affect the proportionate special benefit derived by each identified parcel.
(I) fn a property-based district, the total amount of all special benefits to be conferred upon the properties
located within the property-based district.
(m) Jn a property-based district, the total amount of general benefits, if any.
(n) Jn 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) lf a city council proposes to levy a new or increased property assessment, the notice and protest and
hearing 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 and
hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be
mailed 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. ff 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
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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 property
assessment and a new or increased business assessment, the notice and protest and hearing procedure for the
property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for
the 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 remaining
portion of the assessment may be levied unless the improvement or other special benefit was proposed to be
funded 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 business
improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited
to, all of the following:
(I) 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 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 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 the
district.
(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 the
levy 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 resolution
of 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 the
district 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 by
the proposed assessments, and, for a property-based di strict, that property within the district will
receive 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 the
management district plan.
36627. Notice and assessment diagram
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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 3 114. No other provision of Division 4.5
( commencing with Section 3 I 00) 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 ofa 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 may
classify properties for purposes of determining the benefit to property of the improvements and activities
provided 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 classify
businesses 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 not
be subject to any assessment pursuant to this part.
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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 district
plan after conducting one public hearing on the proposed modifications. The city council may modify the
improvements and activities to be funded with the revenue derived from the levy of the assessments by
adopting a resolution determining to make the modifications after holding a public hearing on the proposed
modifications. lf 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:
(I) The resolution of intention shall be published in a newspaper of general circulation in the city
once 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 proposed
modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the
public hearing required by this section. The public hearing shall be held not more than 90 days after the
adoption 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 3 100), 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 the
estimated 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 IO (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 I 9 I 5
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 of
those improvements, specify the number of annual installments and the fiscal years during which they are to
CTBID Management District Plan
July 7, 2022
July 13, 2022
21
Item 2 Page 25 of 75
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 on
any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with
the 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, for
which 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 tiled 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:
(I) Any proposed changes in the boundaries of the property and business improvement district or in
any 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 his
or 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 fiscal
year.
(6) The estimated amount of any contributions to be made from sources other than assessments
levied pursuant to this part.
(c) The city council may approve the report as filed by the owners' association or may modify any particular
contained 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 derived
from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed
district inc ludes 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 not
include 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.
CTBID Management District Plan
July 7, 2022
July 13, 2022
22
Item 2 Page 26 of 75
(c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue
bonds, 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 by
resolution by the city council in either of the following circumstances:
(1) If the city counci I 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 date
of establishment of the district and shall continue for 30 days. The next such 30-day period shall
begin two years after the date of the establishment of the district. Each successive year of operation
of 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 the
district 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 hearing
required by this section. The resolution shall state the reason for the disestablishment, shall state the time and
place 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 hearing
on 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 the
public hearing not less than 30 days after mailing the notice to the property or business owners. The public
hearing 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 all
outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired
with 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 the
same 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 be
spent 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 that
was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the
amount of any refund.
CTBID Management District Plan
July 7, 2022
July 13, 2022
23
Item 2 Page 27 of 75
APPENDIX 2 -ASSESSED BUSINESSES
Lodging Business
129 MAPLE
155 SYCAMORE RENTAL
180-190 WALNUT PROPERTIES LLC -180A
180-190 WALNUT PROPERTIES LLC -1808
180-190 WALNUT PROPERTIES LLC -190
224 NORMANDY LANE VACATION RENTAL
226 NORMANDY LANE VACATION RENTAL
2361 BUENA VISTA
2445 OCEAN STREET LLC -UNIT A
2445 OCEAN STREET LLC -UNIT B
2445 OCEAN STREET LLC-UNIT C
2751 OCEAN ST
3065 OCEAN ST -A
3065 OCEAN ST -B
3065 OCEAN ST -C
3080 LINCOLN UNIT 16
3287 LINCOLN VACATION RENTAL
3454 CARLSBAD BLVD
3570 LLC-UNIT B
3570 LLC-UNIT E ,,,-
, -·-
365VACATIONS LLC
3660 CARLSBAD BOULEVARD TRUST
3662-3664 GARFIELD STREET LLC
3718 CARLSBAD BLVD ..... ··,
376 ACACIA AVE
378 ACACIA AVE ..... , \
3900 GS HOLDINGS LLC
3915 LINMAR LANE LLC I \
4020 SYM E LLC
4273 HIGHLAND ~
5185 SHORE DRIVE CARLSBAD
5185 SHORE DRIVE CARLSBAD /
580 LAGUNA LLC
AL AND PAM VACATION RENTAL-3862
ALEJANDRO TORREBLANCA
ALEKSANDR SERGEYEV-260 TAMARACK
ANATRA VACANZA
ANCHORAGE INVESTMENTS LLC -4347
ANDREW SELNA
ANTHONY BEL TRAN
ANTHONY BOUDREAUL T-5380
CTBID Management District Plan
July 7, 2022
July 13, 2022
Address
129 MAPLE AVE
155 SYCAMORE AVE
180 WALNUT AVE
180 WALNUT AVE
190 WALNUT AVE
224 NORMANDY LN
226 NORMANDY LN
2361 BUENA VISTA CIR
2445 OCEAN ST
2445 OCEAN ST '
2445 OCEAN ST
2751 OCEAN ST
3065 OCEAN ST
3065 OCEAN ST
3065 OCEAN ST
3080 LINCOLN ST
3287 LINCOLN ST
\ 3454 CARLSBAD BLVD \
3570 CARLSBAD BLVD
'. 3570 CARLSBAD BLVD
3492 CARLSBAD BLVD
I 3660 CARLSBAD BLVD
3662 GARFIELD ST
~ 3718 CARLSBAD BLVD -
376 ACACIA AVE
~· 378 ACACIA AVE
3900 GARFIELD ST
3915 LINMAR LN
4020 SYME DR
4273 HIGHLAND DR
5185 SHORE DR
5185 SHORE DR
580 LAGUNA DR
3862 CARLSBAD BLVD
4225 ISLE DR
260 TAMARACK AVE
932 ANATRA CT
4347 HIGHLAND DR
230 PACIFIC AVE
2003 COSTA DEL MAR RD
5380 CARLSBAD BLVD
City, State, Zip
CARLSBAD, CA 92008-3264
CARLSBAD, CA 92008-3145
CARLSBAD, CA 92008-3257
CARLSBAD, CA 92008-3257
CARLSBAD, CA 92008-3146
CARLSBAD, CA 92008-2222
CARLSBAD, CA 92008-2222
CARLSBAD, CA 92008-1604
CARLSBAD, CA 92008-2234
CARLSBAD, CA 92008-2234
CARLSBAD, CA 92008-2234
CARLSBAD, CA 92008-2241
CARLSBAD, CA 92008-2958
CARLSBAD, CA 92008-2958
CARLSBAD, CA 92008-2958
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-3131
CARLSBAD, CA 92008-3225
CARLSBAD, CA 92008-3227
CARLSBAD, CA 92008-3227
CARLSBAD, CA 92008-3225
CARLSBAD, CA 92008-8208
CARLSBAD, CA 92008-8218
CARLSBAD, CA 92008-8211
CARLSBAD, CA 92008-3212
CARLSBAD, CA 92008-3212
CARLSBAD, CA 92008-4035
CARLSBAD, CA 92008-4125
CARLSBAD, CA 92008-3561
CARLSBAD, CA 92008-4224
CARLSBAD, CA 92008-4347
CARLSBAD, CA 92008-4347
CARLSBAD, CA 92008-1607
CARLSBAD, CA 92008-4008
CARLSBAD, CA 92008-3620
CARLSBAD, CA 92008-4061
CARLSBAD, CA 92011-4876
CARLSBAD, CA 92008-4226
CARLSBAD, CA 92008-2245
CARLSBAD, CA 92009-6803
CARLSBAD, CA 92008-4308
24
Item 2 Page 28 of 75
ANTHONY ROSS
ANTON VISHNYAK
AVI BEN-ARI
BARBARA D POWELL
BARBARA DELANEY
BEACH TERRACE INN
BEACH VILLAGE RENTAL
BEACHY GETAWAY
BEACHY GETAWAY
BELLA SIRENA CONDO
BEST WESTERN BEACH VIEW LODGE
BEST WESTERN CARLSBAD BY THE SEA
BILL DALY UNIT 100B
BLUE OCEAN DREAMS
BM ILLS AND CO LLC
BOB AND MONICA FLORA VACATION RENTAL
BOB AND MONICA VACATION RENTAL NO 2
BOB AND SUE CRUM RENTALS -158
BOB AND SUE CRUM RENTALS -167
BRETT TODD
BRIDGET O'GARA BLOOM
BRIGID FREYNE
BROWN VACATION RENTALS
BRUCE MADDEN
CACL10 ( ·-
I l
CANDELARIA CORTEZ
CARLSBAD BY THE SEA RESORT '•,,.,
CARLSBAD DREAM UNIT A
CARLSBAD DREAM UNIT B ' · .. -,~ "·
CARLSBAD DREAM UNIT C
CARLSBAD DREAM UNIT D . ·,
' CARLSBAD INN BEACH RESORT
CARLSBAD SUITES 1 r
CAROLE ANN COLBERT
CASA DE CHINQUAPIN ...... ,,_
CASA DE COSTA
CASA SUPREMA •
CASAS DE PU ESTA DEL SOL
CASAS DE PU ESTA DEL SOL LLC
CASSARA CARLSBAD
CATNAP RENTALS LLC
CHERRY KMA LLC
CHRIS MADDOX
CHRIS PERSIDOK
CHRIS WHITMER
CTBID Management District Plan
July 7, 2022
July 13, 2022
175 CHINQUAPIN AVE
1045 MAGNOLIA AVE
4108 PARK DR
2955 OCEAN ST
2003 COSTA DEL MAR RD
OCEAN ST
3140 LINCOLN ST
3080 LINCOLN ST
3080 LINCOLN ST .....
3080 LINCOLN ST
CARLSBAD BLVD
,,, ·,_
MACADAMIA DR
4016 GARFIELD ST
331 OAK AVE
2639 GARFIELD ST
155 WALNUT AVE
157 WALNUT AVE
158 ACACIA AVE
167 REDWOOD AVE
5100 EL ARBOL DR
3245 GARFIELD ST ,,.
329 OAK AVE
165 CHINQUAPIN AVE
4485 ADAMS ST
182 CHINQUAPIN AVE
2003 COSTA DEL MAR RD
PALOMAR AIRPORT RD
3360 CARLSBAD BLVD
3360 CARLSBAD BLVD
3360 CARLSBAD BLVD
'1 3360 CARLSBAD BLVD
CARLSBAD BLVD
AVENIDA ENCINAS
2005 COSTA DEL MAR RD
460 CHINQUAPIN AVE
2003 COST A DEL MAR RD
3080 LINCOLN ST
2599 OCEAN ST
2601 OCEAN ST
ARMADA DR
1186 LARKSPUR LN
160 CHERRY AVE
4208 HIGHLAND DR
234 TAMA RACK AVE
367 BEECH AVE
CARLSBAD, CA 92008-7463
CARLSBAD, CA 92008-2539
CARLSBAD, CA 92008-3635
CARLSBAD, CA 92008-2954
CARLSBAD, CA 92009-6814
CARLSBAD, CA 92008-2241
CARLSBAD, CA 92008-2933
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-2908
CARLSBAD, CA 92011-3205
CARLSBAD, CA 92008-7454
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92008
CARLSBAD, CA 92008-3147
CARLSBAD, CA 92008-3147
CARLSBAD, CA 92008-3201
CARLSBAD, CA 92008-4052
CARLSBAD, CA 92008-4314
CARLSBAD, CA 92008-3126
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92008-7408
CARLSBAD, CA 92008-4206
CARLSBAD, CA 92008-7448
CARLSBAD, CA 92009-6803
CARLSBAD, CA 92011-4443
CARLSBAD, CA 92008-3103
CARLSBAD, CA 92008-3103
CARLSBAD, CA 92008-3103
CARLSBAD, CA 92008-3103
Carlsbad, CA 92008-2906
Carlsbad, CA 92008-4371
CARLSBAD, CA 92009-6819
CARLSBAD, CA 92008-4103
CARLSBAD, CA 92009-6802
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-2236
CARLSBAD, CA 92008-2238
Carlsbad, CA 92008-4609
CARLSBAD, CA 92008-3405
CARLSBAD, CA 92008-8212
CARLSBAD, CA 92008-4223
CARLSBAD, CA 92008-4061
CARLSBAD, CA 92008-2204
25
Item 2 Page 29 of 75
CHRISTINE WALLACE
CIMA PROPERTIES
CK BALE INVESTMENTS LLC
CLAIRE KRUGER -4024 STE A
CLAIRE KRUGER -4024 STE B
CNSWll LLC
CNSW4 LLC
COASTAL BREEZE VACATION RENTAL -354
COASTAL BREEZE VACATION RENTAL -364
COASTAL STUDIO
COURTNEY SULLIVAN
COURTNEY SULLIVAN
COURTYARD SAN DIEGO CARLSBAD
COZY BEACH COTTAGE
CRAFTSMAN 154
CYNTHIA BAUSCH-6821
CYNTHIA T BAUSCH -3987
CYNTHIA T BAUSCH -6808
DAN AND NANCY WARNER
DANIELLE PENMAN
DANIELS-SIMPSON
DAVID WATKINS
DAYS INN
DENNIS DELMAR -
DEREK ORME-2315
DONALD J MOORE , , . ' DOUGLASS LEE
ECO NO LODGE INN AND SUITES ..... ( --..
EDWOZOW
ELISABETH BAUMGARTNER-CHANG
ELISABETH BAUMGARTNER-CHANG
EQUITAS REAL ESTATE HOLDINGS LLC '
EVELYN ROSE -UNIT A
EVELYN ROSE -UNIT 8 "·
" EVELYN ROSE -UNIT C
EVELYN ROSE -UNIT D . ,·
EVELYN ROSE -UNITE
EVELYN ROSE -UNIT F
EVERGREEN HEBRON LP -UNIT A
EVERGREEN HEBRON LP -UNIT A
EVERGREEN HEBRON LP -UNIT B
EVERGREEN HEBRON LP -UNIT B
EXTENDED STAY AMERICA 8831
FAIRFIELD INN AND SUITES CARLSBAD
FATHI PROPERTY MANAGEMENT GROUP
CTBID Management District Plan
July 7, 2022
July 13, 2022
'•
, . ..._
3933 SYME DR
3664 CARLSBAD BLVD
936 ANATRA CT
4024 GARFIELD ST
4024 GARFIELD ST
3080 LINCOLN ST
3080 LINCOLN ST
354 ACACIA AVE
364 ACACIA AVE
474 CHINQUAPIN AVE
1420 YOU RELL AVE
1420 YOU RELL AVE .......
OWENS AVE
3267 LINCOLN ST
154 SYCAMORE AVE
6821 SHEARWATERS DR
3987 JEFFERSON ST
6808 SHEARWATERS DR
3116 LINCOLN ST
2431 BUENA VISTA CIR
2003 COSTA DEL MAR RD
' 4030 PARK DR I. .
PIO PICO DR
202 CHINQUAPIN AVE
2315 PIO PICO DR
3726 CARLSBAD BLVD
351 OAK AVE
--, PIO PICO DR
3920 SKYLINE RD
,, --2005 COSTA DEL MAR RD
2005 COSTA DEL MAR RD
2651 GARFIELD ST
3009 OCEAN ST
3009 OCEAN ST
3009 OCEAN ST
3009 OCEAN ST
3009 OCEAN ST
3009 OCEAN ST
3015 OCEAN ST
3015 OCEAN ST
3015 OCEAN ST
3015 OCEAN ST
GRAND AVE
PALOMAR OAKS WAY
4424 HIGHLAND DR
CARLSBAD, CA 92008-3569
CARLSBAD, CA 92008-8208
CARLSBAD, CA 92011-4876
CARLSBAD, CA 92008-7401
CARLSBAD, CA 92008-7401
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-3212
CARLSBAD, CA 92008-3212
CARLSBAD, CA 92008-4103
CARLSBAD, CA 92008-1051
CARLSBAD, CA 92008-1051
CARLSBAD, CA 92008-6562
CARLSBAD, CA 92008-2942
CARLSBAD, CA 92008-3144
CARLSBAD, CA 92011-3702
CARLSBAD, CA 92008-4118
CARLSBAD, CA 92011-3701
CARLSBAD, CA 92008-2933
CARLSBAD, CA 92008-1601
CARLSBAD, CA 92009-6802
CARLSBAD, CA 92008-2619
CARLSBAD, CA 92008-3406
CARLSBAD, CA 92008-7407
CARLSBAD, CA 92008-1037
CARLSBAD, CA 92008-8211
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92008-2554
CARLSBAD, CA 92008-2745
CARLSBAD, CA 92009-6819
CARLSBAD, CA 92009-6819
CARLSBAD, CA 92008-2217
CARLSBAD, CA 920082972
CARLSBAD, CA 92008-2972
CARLSBAD, CA 92008-2972
CARLSBAD, CA 92008-2972
CARLSBAD, CA 92008-2972
CARLSBAD, CA 92008-2972
CARLSBAD, CA 920082958
CARLSBAD, CA 920082958
CARLSBAD, CA 92008-2958
CARLSBAD, CA 92008-2958
Carlsbad, CA 92008-1813
CARLSBAD, CA 92008-6511
CARLSBAD, CA 92008-4227
26
Item 2 Page 30 of 75
FEARN BOYS -150 TAMARACK AVE LLC
FERRARI VACATION PROPERTIES
FREE ARROW INC -UNIT 670
G SQUARED PACIFIC LLC
GARFIELD RENTAL PROPERTY LLC -3555
GARFIELD RENTAL PROPERTY LLC -3559
GAYLE CLARK-3255 GARFIELD
GAYLE CLARK-3265
GEORGE AND JACKYE WILLIS TRUSTEES OF THE WILLIS
FAMILY TRUST
GIGI'S AT LAGUNA ROW LLC
GLENN SUMMER HOMES LLC
GLOBAL SPORTS MARKETING AND EVENTS INC
HAND M NORCOAST
HELEN BART CO -NORTH UNIT
HELENBART CO -SOUTH
HELENBART CO -UPPER UNIT -..
HILTON CAPE REY -CARLSBAD
HILTON GARDEN INN CARLSBAD BEACH
HINES \ --
HOLIDAY INN
HOLIDAY INN EXPRESS AND SUITES
HOME2 SUITES CARLSBAD
HOMES BY JIANG • ..
HOMEWOOD SUITES CARLSBAD
HUGH R COBB ... \
HYLAND INN
~ IRENE M PATTON --~ "'(...__ ----JACKIE LEWIS
JACLYN HARRTY " ....... , "-·· ......
JACOB KLASSEN
JACQUELINE FITCH • .... ri
\
JAN VANSLYKE
JASON ANDERSON SNT ....
' JEFFERSON POINT
JESSICA SULLIVAN ,., /'
JH RANCH LLC
JOANNE EKERLING
JOE AND DEE DEE SHORT TERM VACATION RENTAL
JOEL HIRSCHKOFF
JOEL KLETT
JOHN FIKE
JOHN FREIM
JOHN MCALLISTER
JOHN SCHUREMAN
CTBID Management District Plan
July 7, 2022
July 13, 2022
"
150 TAMARACK AVE
393 DATE AVE
2003 COSTA DEL MAR RD
1120 CAMINO DEL SOL CIR
3555 GARFIELD ST
3559 GARFIELD ST
3255 GARFIELD ST
3265 GARFIELD ST
539 CARLSBAD VILLAGE DR
578 LAGUNA DR
2375 JEFFERSON ST '
7270 PONTO DR
155 CHESTNUT AVE ,.,
2489 OCEAN ST
2489 OCEAN ST
2489 OCEAN ST
PONTO RD ....
CARLSBAD BLVD
3472 GARFIELD ST
PALOMAR AIRPORT RD
• RAINTREE DR
WRIGHT PL
4930 PARK DR
PALOMAR AIRPORT RD
3080 LINCOLN ST
PIO PICO DR
2677 GARFIELD ST
2005 COSTA DEL MAR RD
3950 HIBISCUS CIR
4810 REFUGIO AVE
2003 COSTA DEL MAR RD
951 JASMINE CT
2003 COSTA DEL MAR RD
2380 JEFFERSON ST
2003 COSTA DEL MAR RD
3980 GARFIELD ST
1190 TAMARACK AVE
4392 ADAMS ST
2355 JEFFERSON ST
2603 OCEAN ST
2005 COSTA DEL MAR RD
2005 COSTA DEL MAR RD
355 HEMLOCK AVE
6891 WATERCOURSE DR
CARLSBAD, CA 92008-4059
CARLSBAD, CA 92008-7432
CARLSBAD, CA 92009-6803
CARLSBAD, CA 92008-3509
CARLSBAD, CA 92008-3242
CARLSBAD, CA 92008
CARLSBAD, CA 92008-3126
CARLSBAD, CA 92008-3126
CARLSBAD, CA 92008-2362
CARLSBAD, CA 92008
CARLSBAD, CA 92008-1405
CARLSBAD, CA 92011-4601
CARLSBAD, CA 92008-3107
CARLSBAD, CA 92008-2234
CARLSBAD, CA 92008-2234
CARLSBAD, CA 92008-2234
CARLSBAD, CA 92011-4620
Carlsbad, CA 92011-1058
CARLSBAD, CA ~2008-3238
Carlsbad, CA 92009-1729
CARLSBAD, CA 92011-3206
Carlsbad, CA 92008-6528
CARLSBAD, CA 92008-3812
Carlsbad, CA 92011-1553
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-2553
CARLSBAD, CA 92008-2217
CARLSBAD, CA 92009-6821
CARLSBAD, CA 92008-4116
CARLSBAD, CA 92008-3728
CARLSBAD, CA 92009-6803
CARLSBAD, CA 92011-4826
CARLSBAD, CA 92009-6814
CARLSBAD, CA 92008-1404
CARLSBAD, CA 92009-6814
CARLSBAD, CA 92008-4035
CARLSBAD, CA 92008-3417
CARLSBAD, CA 92008
CARLSBAD, CA 92008
CARLSBAD, CA 92008-2238
CARLSBAD, CA 92009-6819
CARLSBAD, CA 92009-6818
CARLSBAD, CA 92008-8228
CARLSBAD, CA 92011-3743
27
Item 2 Page 31 of 75
JOSEPH CUSANELLI
JOSEPHINE DICKENS
JR HOSPITALITY
JULIE A DAILEY
JULIE BREGEN
JULIE MIETUS PROPERTIES
JUNIPER BEACH PROPERTIES LLC -UNIT A
JUNIPER BEACH PROPERTIES LLC -UNIT B
JUNIPER BEACH PROPERTIES LLC -UNIT C
JUNIPER BEACH PROPERTIES LLC -UNIT D
JUNIPER STUDIO
KAB HOUSING-2435 TUTTLE ST
KAREN CLEMENTS
KAREN R THOMPSON
KATHLEEN KENNEDY
KEVIN BENDER PRESENTS -STVR
KIMBERLY FLAMM ER
KIMBERLY MCEVOY
KIMBERLY TODD
LA COSTA CHATEAUS -697
LA COSTA PARADISO
LA QUINTA CARLSBAD
LAGUNA PROJECT LP
LANGEN BEACH HOUSE
LATRONICA BAND B f ....
' ~
LAURIE REISS
LB BEACH PROPERTIES LLC -UNIT A ' LB BEACH PROPERTIES LLC -UNIT B
LCAP II LLC -UNIT 1 ~
LCAP II LLC -UNIT 2
LCAP II LLC -UNIT 3
LCAP II LLC -UNIT 4
Legoland Hotels
LEUCADIA LIFE LLC
LISA JACKSON -GARFIELD UNIT A
LISA JACKSON -GARFIELD UNIT B
LISA JACKSON -GARFIELD UNIT C
LONDON ONE PROPERTIES LLC
LUAN DAUTl'S RENTALS -U NIT A
LUAN DAUTl'S RENTALS -UNIT B
LUAN DAUTl'S RENTALS -UNIT C
LUIS GARCIA
MAAF CONSULTING
MACIEL RENTALS
MAHINA ENTERPRISES INC
CTBID Management District Plan
July 7, 2022
July 13, 2022
, ...
\ --I
..
-
'1 , /
5420 CARLSBAD BLVD
3986 LINMAR LN
1735 CEREUS CT
1010 DAISY CT
1747 CEREUS CT
2005 COSTA DEL MAR RD
3690 CARLSBAD BLVD
3690 CARLSBAD BLVD
3690 CARLSBAD BLVD
3690 CARLSBAD BLVD
271 JUNIPER AVE
2435 TUTTLE ST
5021 TIERRA DEL ORO ST
3406 CARLSBAD BLVD
1733 CALAVO CT
4070 ADAMS ST
2943 JEFFERSON ST
1758 CAPE MAY PL
6471 FRANCISCAN RD
2003 COSTA DEL MAR RD
1720 CATALPA RD
MACADAMIA DR
584 LAGUNA DR
3418 CARLSBAD BLVD
2459 TUTTLE ST
446 CHINQUAPIN AVE
3950 GARFIELD ST
3950 GARFIELD ST
3480 GARFIELD ST
3480 GARFIELD ST
3480 GARFIELD ST
3480 GARFIELD ST
6645 CURLEW TER
3305 GARFIELD ST
3305 GARFIELD ST
3305 GARFIELD ST
2003 COSTA DEL MAR RD
3981 GARFIELD ST
3981 GARFIELD ST
3981 GARFIELD ST
2955 OCEAN ST
2003 COSTA DEL MAR RD
3080 LINCOLN ST
2005 COSTA DEL MAR RD
CARLSBAD, CA 92008-4416
CARLSBAD, CA 92008-4124
CARLSBAD, CA 92011-5119
CARLSBAD, CA 92011-4846
CARLSBAD, CA 92011-5119
CARLSBAD, CA 92009-6818
CARLSBAD, CA 92008-8210
CARLSBAD, CA 92008-8210
CARLSBAD, CA 92008-8210
CARLSBAD, CA 92008-8210
CARLSBAD, CA 92008
CARLSBAD, CA 92008-1446
CARLSBAD, CA 92008-4351
CARLSBAD, CA 92008-3224
CARLSBAD, CA 92008-4252
CARLSBAD, CA 92008-3504
CARLSBAD, CA 92008-2333
CARLSBAD, CA 92008-3608
CARLSBAD, CA 92011-3212
CARLSBAD, CA 92009-6815
CARLSBAD, CA 92011-5106
Carlsbad, CA 92011-3205
CARLSBAD, CA 92008
CARLSBAD, CA 92008-3224
CARLSBAD, CA 92008-1446
CARLSBAD, CA 92008-4103
CARLSBAD, CA 92008-4035
CARLSBAD, CA 92008-4035
CARLSBAD, CA 92008-3297
CARLSBAD, CA 92008-3297
CARLSBAD, CA 92008-3297
CARLSBAD, CA 92008-3297
CARLSBADCA
CARLSBAD, CA 92011-3965
CARLSBAD, CA 92008-3128
CARLSBAD, CA 92008-3128
CARLSBAD, CA 92008-3128
CARLSBAD, CA 92009-6814
CARLSBAD, CA 92008-4011
CARLSBAD, CA 92008-4011
CARLSBAD, CA 92008-4011
CARLSBAD, CA 92008-2954
CARLSBAD, CA 92009-6815
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92009-6820
28
Item 2 Page 32 of 75
MAHON DEVELOPMENT INC
MARIAN EDWARDS
MARTIN CARTER-STVR
MARYLOUISE MARTIN
MG HOSPITALITY CARLSBAD LLC
MICHAEL ENRIGHT -3771
MICHAEL FOULGER
MICHAEL FOX
MOTELG
MOTEL 6 NO 1021
MOTEL 6 NO 471
NEIGHBORHOOD INVESTMENT NETWORK LLC VACATION
RENTAL
NEW VILLAGE REAL ESTATE LLC
NICECLIFF PROPERTIES
NOJA RENTALS
NOJA RENTALS 564
NORIK NARAGHI
NORM VENTURI
NORTH COUNTY EYE CENTER INC
OCEAN ELEMENTS AT CARLSBAD -UNIT 1
OCEAN ELEMENTS AT CARLSBAD -UNIT 2
OCEAN ELEMENTS AT CARLSBAD -UNIT 2A
OCEAN ELEMENTS AT CARLSBAD -UNIT 3
OCEAN ELEMENTS AT CARLSBAD -UNIT 4
OCEAN ELEMENTS AT CARLSBAD -UNIT 4A
OCEAN ELEMENTS AT CARLSBAD -UNIT 5
OCEAN ELEMENTS AT CARLSBAD -UNIT 6
OCEAN ELEMENTS AT CARLSBAD -UNIT GA
OCEAN ELEMENTS AT CARLSBAD -UNIT 7
OCEAN ELEMENTS AT CARLSBAD -UNIT 8
OCEAN ELEMENTS AT CARLSBAD -UNIT 8A
OCEAN MIST LLC -335
OCEAN PALMS BEACH RESORT
OCEAN STREET VILLAS LLC -UNIT A
OCEAN STREET VILLAS LLC -UNIT B
OCEAN STREET VILLAS LLC -UNIT C
OCEAN STREET VILLAS LLC -UNIT D
OCEAN STREET VILLAS LLC -UNITE
OCEAN STREET VILLAS LLC -UNIT F
OCEAN STREET VILLAS LLC -UNIT G
OCEAN STREET VILLAS LLC -UNIT H
OCEAN STREET VILLAS LLC -UNIT I
OCEAN STREET VILLAS LLC -UNIT SAND
OLIVE RENTAL
CTBID Management District Plan
July 7, 2022
July 13, 2022
~
\ \
-
\ ,'
4826 KELLY DR
2669 GARFIELD ST
1175 MAGNOLIA AVE
2003 COSTA DEL MAR RD
PALOMAR AIRPORT RD
3771 GARFIELD ST
4900 PARK DR
2003 COSTA DEL MAR RD
PASEO DEL NORTE
CARLSBAD VILLAGE DR
RAINTREE DR
245 HEMLOCK AVE '"
6488 SURFSIDE LN
2003 COSTA DEL MAR RD
2464 JEFFERSON ST
564 LAGUNA DR
2003 COSTA DEL MAR RD
3910 HOLLY BRAE LN
7064 WHITEWATER ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
335 OAK AVE
OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
260 OLIVE AVE
CARLSBAD, CA 92008-3733
CARLSBAD, CA 92008-2217
CARLSBAD, CA 92008-2541
CARLSBAD, CA 92009-6803
Carlsbad, CA 92011-1553
CARLSBAD, CA 92008-8221
CARLSBAD, CA 92008-3827
CARLSBAD, CA 92009-6814
Carlsbad, CA 92011-1117
Carlsbad, CA 92008-1803
CARLSBAD, CA 92011-3206
CARLSBAD, CA 92008-8226
CARLSBAD, CA 92011-3207
CARLSBAD, CA 92009-6815
CARLSBAD, CA 92008-1410
CARLSBAD, CA 920081607
CARLSBAD, CA 92009-6815
CARLSBAD, CA 92008-2725
CARLSBAD, CA 92011-5434
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92008-2952
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-7425
29
Item 2 Page 33 of 75
OMNI LA COSTA LLC
PACKARD RENTAL
PALMA DE LA PLAYA -LOWER UNIT
PALMA DE LA PLAYA -UPPER UNIT
PAM KERCKHOFF
PARK HYATT AVIARA
PARK HYATT AVIARA-EMBER AND RYE
PARK HYATT AVIARA -GOLF MAINTENANCE
PARK ST HOUSE
PATRICK ALBERT
PATRICK COFFEY -159
PATRICK COFFEY -161
PATRICK COFFEY -165
PATRICK COFFEY -167
PATRICK LEE AND ASSOCIATES -UNIT 1
PATRICK LEE AND ASSOCIATES -UNIT 2
PATRICK LEE AND ASSOCIATES -UNIT 3
PATRICK LEE AND ASSOCIATES -UNIT 4
PATRICK LEE AND ASSOCIATES -UNIT 5
PATRICK LEE AND ASSOCIATES -UNIT 6 \
PATRICK LEE AND ASSOCIATES -UNIT 7
PATRICK LEE AND ASSOCIATES -UNIT 8
PATRICK LEE AND ASSOCIATES -UNIT A
PATRICK LEE AND ASSOCIATES -UNIT B .,
PATRICK LEE AND ASSOCIATES -UNIT C
PATRICK LEE AND ASSOCIATES -UNIT E 1 '
PATRICK LEE AND ASSOCIATES -UNIT F
PATRICK LEE AND ASSOCIATES -UNIT G ·' ~
';.
PATRICK LEE AND ASSOCIATES -UNIT H
PATRICK LEE AND ASSOCIATES -UNITS .
PERRY WIGGIN
POPAT DEVELOPMENT LLC \ 1,
POPPY COTTAGE LLC
POPPY COTTAGE LLC ·,..,_ I
PORTER REAL ESTATE LLC
PRICHARD INNOVATION ~ ,c
PURDOM THOMAS
RAGSDALE FAMILY VACATION PROPERTIES LLC -210 UNIT
A
RAGSDALE FAMILY VACATION PROPERTIES LLC -210 UNIT
B
RENE MANZANARES-UNIT A
RENE MANZANARES-UNIT B
RENE MANZANARES-UNIT C
RESIDENCE INN BY MARRIOTT
CTBID Management District Plan
July 7, 2022
July 13, 2022
COST A DEL MAR RD
3965 PACKARD LN
3021 OCEAN ST
3021 OCEAN ST
3080 LINCOLN ST
AVIARA RESORT DR
BATIQUITOS DR
AVIARA DR
3930 PARK DR
6456 FRANCISCAN RD
159 TAMA RACK AVE
161 TAMARACK AVE
165 TAMARACK AVE
167 TAMARACK AVE
150 WALNUT AVE
150 WALNUT AVE
150 WALNUT AVE
150 WALNUT AVE
150 WALNUT AVE
150 WALNUT AVE
150 WALNUT AVE
150 WALNUT AVE
,.
235 PINE AVE
235 PINE AVE
235 PINE AVE
235 PINE AVE
235 PINE AVE
235 PINE AVE
235 PINE AVE
235 PINE AVE
812 BLUEWATER RD
343 OAK AVE
902 POPPY LN
902 POPPY LN
156 CHINQUAPIN AVE
331 REDWOOD AVE
141 JUNIPER AVE
210 ACACIA AVE
210 ACACIA AVE
218 PINE AVE
218 PINE AVE
218 PINE AVE
FARADAY AVE
,,
CARLSBAD, CA 92009-6823
CARLSBAD, CA 92008-3651
CARLSBAD, CA 92008-2958
CARLSBAD, CA 92008-2958
CARLSBAD, CA 92008-2929
Carlsbad, CA 92011-4908
Carlsbad, CA 92011-4732
Carlsbad, CA 92011
CARLSBAD, CA 92008-2633
CARLSBAD, CA 92011-3211
CARLSBAD, CA 92008-4060
CARLSBAD, CA 92008-4060
CARLSBAD, CA 92008-4060
CARLSBAD, CA 92008-4060
CARLSBAD, CA 92008-3149
CARLSBAD, CA 92008-3149
CARLSBAD, CA 92008-3149
CARLSBAD, CA 92008-3148
CARLSBAD, CA 92008-3148
CARLSBAD, CA 92008-3148
CARLSBAD, CA 92008-3148
CARLSBAD, CA 92008-3148
CARLSBAD, CA 92008-3140
CARLSBAD, CA 92008-3140
CARLSBAD, CA 92008-3140
CARLSBAD, CA 92008-3140
CARLSBAD, CA 92008-3176
CARLSBAD, CA 92008-3176
CARLSBAD, CA 92008-3176
CARLSBAD, CA 92008-3177
CARLSBAD, CA 92011-3721
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92011-4831
CARLSBAD, CA 92011-4831
CARLSBAD, CA 92008-7406
CARLSBAD, CA 92008-4056
CARLSBAD, CA 92008-8241
CARLSBAD, CA 92008-3244
CARLSBAD, CA 92008-3244
CARLSBAD, CA 92008-2981
CARLSBAD, CA 92008-2981
CARLSBAD, CA 92008-2981
CARLSBAD, CA 92008-7229
30
Item 2 Page 34 of 75
ROBERT HESS
ROBERT SFREDDO
ROMANTIC ESCAPE
ROSE VACATION RENTAL
SAM KA YVON -2634
SAM KAYVON -2636
SANTORO J AND M TRUST
SCANDIA MOTEL -SP
SEA SLOPE UNIT 10
SEA SLOPE UNIT 2
SEA SLOPE UNIT 3
SEA SLOPE UNIT 4
SEASHORE ON THE SAND
SEASONS VACATION RETREATS LLC
SHERATON CARLSBAD RESORT AND SPA
SHORT WALK TO THE BEACH
SPRINGHILL SUITES CARLSBAD
STAYBRIDGE SUITES CARLSBAD
STEPHEN DEUTSCH
STEPHEN PELSTRING
SUMMER WILLIAMS
SURF Y SOL LLC
SURFS UP AT CAPTAINS SANDY BEACH RETREAT
SUSAN MAERSK-MOLLER
SUSAN SAUTER
SWEET CASITA VACATION RENTAL
T AND E HOLDINGS LLC I '
TAMARACK BEACH HIDEAWAY
TAMARACK BEACH RESORT •. ' ' TAMARACK-HILLERY LLC
TARVIN SHORT TERM VACATION RENTAL .
f ;
TATIANA NOVICK
TAYLOR MCKENZIE l /
TERRAMAR BEACH HOUSE
THANE RIVERS
THE BATISTA TRUST -TRUSTEE MICHAELS BATISTA
THE SELTZER HIDEAWAY
THE WESTIN CARLSBAD RESORT AND SPA
THOMAS BRAYTON
TIJGER INTERNATIONAL LLC
TINYVACATION RENTALS
TINYVACATION RENTALS
TODD RIDDLE
TOES IN THE SAND BEACH RENTALS
TOLO MANAGEMENT INC
CTBID Management District Plan
July 7, 2022
July 13, 2022
3512 CARLSBAD BLVD
353 OAK AVE
2003 COSTA DEL MAR RD
7004 MIMOSA DR
2634 OCEAN ST
2636 OCEAN ST
5285 SHORE DR
CARLSBAD BLVD
2955 OCEAN ST A
2955 OCEAN ST
2955 OCEAN ST (,
2955 OCEAN ST
-OCEAN ST
1663 CORTE ORCHIDIA
Grand Pacific DR
3080 LINCOLN ST
CARLSBAD BLVD
PALOMAR AIRPORT RD
2005 COSTA DEL MAR RD
946 DAISY AVE
2374 BUENA VISTA CIR
2470 JEFFERSON ST
251 REDWOOD AVE
2005 COSTA DEL MAR RD
4113 HARRISON ST
346 ACACIA AVE
3374 CARLSBAD BLVD -
1271 TAMARACK AVE
CARLSBAD BLVD
1305 TAMARACK AVE
301 REDWOOD AVE
347 OAK AVE
7003 MIMOSA DR
5051 SHORE DR
3728 CARLSBAD BLVD
2003 COSTA DEL MAR RD
7218 DURANGO CIR
Grand Pacific DR
2005 COSTA DEL MAR RD
1185 TAMARACK AVE
7207 DAFFODIL PL
7207 DAFFODIL PL
6468 FRANCISCAN RD
135 JUNIPER AVE
3360 GARFIELD ST
CARLSBAD, CA 92008-3226
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92009-6802
CARLSBAD, CA 92011-5130
CARLSBAD, CA 92008-2237
CARLSBAD, CA 92008-2237
CARLSBAD, CA 92008-4349
CARLSBAD, CA 92008-2205
CARLSBAD, CA 92008-2954
CARLSBAD, CA 92008-2954
CARLSBAD, CA 92008-2954
CARLSBAD, CA 92008-2954
CARLSBAD, CA 92008-2993
CARLSBAD, CA 92011-4066
Carlsbad, CA 92008-4723
CARLSBAD, CA 92008-2929
Carlsbad, CA 92008-2908
Carlsbad, CA 92009-1729
CARLSBAD, CA 92009-6817
CARLSBAD, CA 92011-4815
CARLSBAD, CA 92008-1603
CARLSBAD, CA 92008-1410
CARLSBAD, CA 92008-4054
CARLSBAD, CA 92009-6820
CARLSBAD, CA 92008-3556
CARLSBAD, CA 92008-3245
CARLSBAD, CA 92008-3104
CARLSBAD, CA 92008-3420
CARLSBAD, CA 92008-3101
CARLSBAD, CA 92008-3422
CARLSBAD, CA 92008-4056
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92011-5131
CARLSBAD, CA 92008-4345
CARLSBAD, CA 92008-8211
CARLSBAD, CA 92009-6815
CARLSBAD, CA 92011-5114
Carlsbad, CA 92008-4723
CARLSBAD, CA 92009-6820
CARLSBAD, CA 92008-3418
CARLSBAD, CA 92011-4812
CARLSBAD, CA 92011-4812
CARLSBAD, CA 92011-3211
CARLSBAD, CA 92008-8241
CARLSBAD, CA 92008-8101
31
Item 2 Page 35 of 75
TONI MACKENZIE
TOWER 36 BEACH PROPERTIES LLC-3636
TOWER 36 BEACH PROPERTIES LLC-3638
TUTU'S PLACE
TUTU'S PLACE
TWOBIRDSFLY LLC
VACATION IN CARLSBAD -DOLPHIN SUITE
VACATION IN CARLSBAD -LANAI SUITE
VACATION IN CARLSBAD -OHANA SUITE
VACATION IN CARLSBAD -PELICAN SUITE
VACATION IN CARLSBAD -SAND SUITE
VACATION IN CARLSBAD -SANDERLING
VACATION IN CARLSBAD -SANDPIPER
VACATION IN CARLSBAD -SEAGULL
VACATION IN CARLSBAD -SNOWY PLOVER
VACATION IN CARLSBAD -SUN SUITE
VACATION IN CARLSBAD -SURF SUITE
VACATION IN CARLSBAD -WAVE SUITE
VACATION IN CARLSBAD -WIND SUITE
VERONICA DE ANDA
VILLAGE BUNGALOWS
VILLAGE BUNGALOWS 2
VOELKER HOLDINGS LLC
VOELKER REAL ESTATE HOLDINGS GARFIELD LLC
VOELKER REAL ESTATE HOLDINGS HEMLOCK LLC 130
UNITA
VOELKER REAL ESTATE HOLDINGS HEMLOCK LLC 130
UNITB
VOELKER REAL ESTATE HOLDINGS HEMLOCK LLC 130
UNITC
VOELKER REAL ESTATE HOLDINGS HEMLOCK LLC 141
LOWER UNIT
VOELKER REAL ESTATE HOLDINGS HEMLOCK LLC 141
UPPER UNIT
VW VACATION RENTALS -341 //
VW VACATION RENTALS -355
WEST INN AND SUITES
WILLIAM AND JULIE LASHER-3760 JEFFERSON
WILLIAM AND JULIE LASHER-3762 JEFFERSON
WITHALL STVR
ZIBA
CTBID Management District Plan
July 7, 2022
July 13, 2022
5276 CARLSBAD BLVD
3636 CARLSBAD BLVD
3638 CARLSBAD BLVD
3080 LINCOLN ST
3080 LINCOLN ST
3393 LINCOLN ST
3610 CARLSBAD BLVD
231 OLIVE AVE
231 OLIVE AVE
3610 CARLSBAD BLVD
3495 GARFIELD ST
3810 CARLSBAD BLVD
3810 CARLSBAD BLVD
3810 CARLSBAD BLVD
3810 CARLSBAD BLVD
3495 GARFIELD ST
3495 GARFIELD ST
3495 GARFIELD ST
3495 GARFIELD ST
2435 JEFFERSON ST
3543 GARFIELD ST
271 REDWOOD AVE
217 OLIVE AVE
4110 GARFIELD ST
130 HEMLOCK AVE
130 HEMLOCK AVE
130 HEMLOCK AVE
141 HEMLOCK AVE
141 HEMLOCK AVE
341 OAK AVE
355 OAK AVE
AVENIDA ENCINAS
3760 JEFFERSON ST
3762 JEFFERSON ST
3841 MARGARET WAY
2003 COSTA DEL MAR RD
CARLSBAD, CA 92008-4306
CARLSBAD, CA 92008-8208
CARLSBAD, CA 92008-8208
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-3134
CARLSBAD, CA 92008-8208
CARLSBAD, CA 92008-7426
CARLSBAD, CA 92008-7426
CARLSBAD, CA 92008-8208
CARLSBAD, CA 92008-3298
CARLSBAD, CA 92008-4003
CARLSBAD, CA 92008-4003
CARLSBAD, CA 92008-4003
CARLSBAD, CA 92008-4003
CARLSBAD, CA 92008-3298
CARLSBAD, CA 92008-3298
CARLSBAD, CA 92008-3298
CARLSBAD, CA 92008-3298
CARLSBAD, CA 92008-1411
CARLSBAD, CA 92008-3242
CARLSBAD, CA 92008-4054
CARLSBAD, CA 92008-7426
CARLSBAD, CA 92008-7404
CARLSBAD, CA 92008-8230
CARLSBAD, CA 92008-8230
CARLSBAD, CA 92008-8230
CARLSBAD, CA 92008-8262
CARLSBAD, CA 92008
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92008-2945
Carlsbad, CA 92008-4343
CARLSBAD, CA 92008-3335
CARLSBAD, CA 92008-3335
CARLSBAD, CA 92008-3409
CARLSBAD, CA 92009-6814
32
Item 2 Page 36 of 75
RESOLUTION NO.
A RESOLUTION OF THE ADVISORY BOARD OF THE CARLSBAD TOURISM
BUSINESS IMPROVEMENT DISTRICT APPROVING A MANAGEMENT DISTRICT
PLAN WITH A GOLF LODGING BUSINESS ZONE TO BE USED IN THE
ESTABLISHMENT OF A NEW TOURISM BUSINESS IMPROVEMENT DISTRICT
OPERATING UNDER THE PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT LAW OF 1994
EXHIBIT 2
WHEREAS, the Carlsbad Tourism Business Improvement District (CTBID) Advisory Board is
currently operating under the Parking and Business Improvement Area Law of 1989 ("89 Act"); and
WHEREAS, the CTBID increased the assessment from $1 per room night to 2% of gross room
revenues in November 2020, creating a larger budget to market Carlsbad as a destination; and
WHEREAS, a more sophisticated governance model and authorization structure would drive
greater efficiency and stability of operations; and
WHEREAS, the Property and Business Improvement District Law of 1994 ("94 Act") would
allow for a tourism business improvement district to be established that would consolidate decision-
making authority by eliminating the two-board structure and creating a single non-profit entity that
can administer both the advisory services and marketing services; and
WHEREAS, the consolidation of these functions into one organization could allow for more
concise planning and greater efficiency; and
WHEREAS, the proposed Management District Plan (Attachment A) sets the parameters
through which a newly established CTBID with a zone for golf lodging businesses would operate,
including the assessment level, district boundaries, and allowable activities.
NOW, THEREFORE, BE IT RESOLVED by the Advisory Board of the Carlsbad Tourism Bu siness
Improvement District as follows:
1. The above recitations are true and correct.
2. The CTBID Advisory Board approves the Management District Plan included as
Attachment A
July 13, 2022 Item 2 Page 37 of 75
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Advisory Board of the Carlsbad
Tourism Business Improvement District on the __ day of ____ _, 2022, by the following vote,
to wit:
AYES:
NAYS :
ABSENT:
ABSTAIN
TIM STRIPE, Chair
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
July 13, 2022 Item 2 Page 38 of 75
CARLSBAD TOURISM BUSINESS
IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN
Prepared J?ursuant to the Property and Business Improvement District
.iHW JJ,iJ/9~!Streets and Highways Code section 36600 et seq.
Contents
I. O\TERVIEW ........................................................................................................................................ 3
II. BACI<:GROUND ................................................................................................................................ 5
III. BOUNDARY ....................................................................................................................................... 6
IV. ASSESSMENT BUDGET AND SERVICES ................................................................................ 8
A. Annual Service Plan ............................................................................................................ 8
B . Annual Budget .................................................................................................................. 10
C. California Constitutional Compliance .............................................................................. 11
D. Assessment ........................................................................................................................ 12
E. Penalties and Interest ........................................................................................................ 13
F. Time and Manner for Collecting Assessments ................................................................. 14
V. GO\TERNANCE ............................................................................................................................... 15
A. Owners' Association ......................................................................................................... 15
B. Brown Act and California Public Records Act Compliance ............................................ 15
C. Annual Report ................................................................................................................... 15
APPENDIX l -LAW .................................................................................................................................... 16
APPENDIX 2 -ASSESSED BUSINESSES ............................................................................................. 27
July 13, 2022
Prepared by
Civitas ••• • • CIVITAS
P4RTl<ERSHIPS • PROGRUS • PROSPU ITY
(800)999-7781
www.civitasadvisors.com
Item 2 Page 40 of 75
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:
Services:
Budget:
Cost:
Collection:
Duration:
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.
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.
The total CTBID annual budget for the initial year of its five (5) year operation is
anticipated to be approximately $6,530,000. A similar budget is expected to apply to
subsequent years, but this budget is expected to fluctuate as room sales do.
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 fo reign
government who is exempt by reason of express provision of federal law or
international treaty.
Lodging businesses may voluntarily elect to pay an additional 0.75% 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 voluntary
assessment. The proceeds of the additional voluntary assessment will pay for golf-
related programs and services specifically tailored only to those paying the additional
voluntary assessment.
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.
The CTBID will have a five (5) year life, beginning January 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
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Item 2 Page 41 of 75 July 13, 2022
a City 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.
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Item 2 Page 42 of 75
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. Io 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.
120
100
80
60
40
20
Number of Districts Operating in California
1 2 4
9 12 6
liiil Iii ii
46
1iiiil
75
61 64
95
109114
101
California's TBIDs collectively
raise over $300 million
annually for local destination
marketing. With competitors
ra1s10g their budgets, and
increasing rivalry for visitor
dollars, it 1s 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 kry difference between TBIDs and other benefit assessment districts is that.fimds
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.
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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 voluntarily elect to pay an additional 0.75% assessment to specifically fund
golf-related programs and services . Businesses shall have thirty (30) days to request to be included in
the golf assessment budget of the CTBID. 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. 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.
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Item 2 Page 44 of 75
Carlsbad City Lim~s.
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Item 2 Page 45 of 75
IV. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment 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 tl1e 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 $6,530,000.
Initial Annual Assessment Budget
Sales & Marketing,
$4,538,350, 69.5%
$6,530,000 Grants Program,
$359,150, 5.5%
Contingency/ Reserve
, $391,800 , 6.0%
Administration &
Operations,
$293,850 , 4.5%
City Admin Fee,
$130,600, 2.0%
Golf-Related Programs
and Services , $816,250,
12.5%
Although actual revenues will fluctuate due to market conditions, the proportional allocations of the
budget shall remain the same. However, ,vith 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
multiple budget categories. The staffing levels necessary to provide the services below will be
determined by the VC on an as-needed basis.
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Item 2 Page 46 of 75
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 m ay 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 ads targeted at potential visitors;
• Radio ads targeted at potential visitors;
• Operation o f a visitor's center;
• D evelopment 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;
• A ttendance of trade shows;
• Sales blitzes;
• Familiarization tours;
• Preparation and production of collateral promotional materials such as brochures, flyers and
maps;
• A ttendance 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 and Sales Manager 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.
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. T he
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 importan t 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 general commerce
for Carlsbad, and must also include a follow-up analysis. P olicies relating to projects awarded and
contributions from the grants program shall be set by the VC Board annually.
Administration and Operations
The administration and o perations 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.
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Item 2 Page 47 of 75
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.
Golf-Related Programs & Services
For lodging businesses that voluntarily elect to pay the additional 0.75% assessment, golf-related
services may include, but are not limited to:
• Golf signage, and such equipment related specifically to the promotion of golf to increase
demand for overnight visitation to lodging businesses paying the voluntary additional
assessment;
• Joint marketing related to the promotion of assessed lodging businesses that are paying the
voluntary additional assessment and golf courses included within the CTBID;
• Marketing promotion such as radio, TV, or print advertising the assessed businesses paying
the voluntary additional assessment and golf courses included within or near the CTBID;
• On-line/internet promotions jointly advertising assessed lodging businesses paying the
voluntary additional assessment and golf courses included within the CTBID to increase
demand for overnight visitation to lodging businesses paying the voluntary additional
assessment;
• Marketing and sales staff on time spent on joint marketing efforts to increase demand for
overnight visitation to lodging businesses paying the voluntary 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 voluntary additional assessment.
A policy relating to the expenditure of monies raised from the additional .75% assessment shall be
developed by the VC Board.
B. Annual Budget
The total five (5) year improvement and service plan budget is projected at approximately $6,530,000
annually, or $34,668,657 through 2027 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.
Sales & Grants Year Marketing Programs
2023 $4,538,350 $359,150
2024 $4,674,501 $369,925
2025 $4,814,736 $381,022
2026 $4,959,178 $392,453
2027 $5,107,953 $404,226
Total $24,094,717 $1,906,776
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Admin
$293,850
$302,666
$311,745
$321,098
$330,731
$1,560,090
Contingency/ City
Reserve Admin Fee
$391,800 $130,600
$403,554 $134,518
$415,661 $138,554
$428,130 $142,710
$440,974 $146,991
$2,080,119 $693,373
Golf-Related
Programs & Total
Activities
$816,250 $6,530,000
$840,738 $6,725,900
$865,960 $6,927,677
$891,938 $7,135,507
$918,697 $7,349,573
$4,333,582 $34,668,657
IO
Item 2 Page 48 of 75
C. California Constitutional Compliance
The CTBID assessment is not a property-based assessment subject to the requirements o f 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 these
exceptions 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 the
benefits 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 tl1e 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
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.
1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
2 Cal. Const. art xm C § I (e)(l)
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Item 2 Page 49 of 75
Although the CTBID, in providing specific benefits to payers, 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 payer as a consequence of providing the specific benefit to the payor."3
2. Specific Government Service
The assessment may also be utilized to provide, "a specific government service or product provided
directly to the payer 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
payer as a consequence of providing the specific government service to the payor."6
3. Reasonable Cost
CTBID 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
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 sp ent
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 voluntarily elect to pay an additional 0.75% 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 voluntary assessment
will pay for golf-related programs and services specifically tailored only to those paying the additional
voluntary assessment.
3 Government Code§ 53758(a)
4 Cal. Const. art Xlll C § 1 ( e )(2)
5 Government Code§ 53758(b)
6 Government Code§ 53758(b)
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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 pro perty and services of
any kind o f 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. T he amount of
assessment, if passed oo 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 ao 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 any purpose,
including calculation of transient occupancy taxes.
Bonds shall not be issued.
E. Penalties and Interest
The 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 Delinquenry. 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 Delinquenry. Any owner of an assessed lodging business who fails to remit any
delinquent remittance on or before a period of thirty (30) days following the date on which
the remittance first became delinquent shall pay a second delinquency penalty of ten percent
(10%) of the amount of the assessment io addition to the amount of the assessment and the
ten percent (10%) penalty first imposed.
3. A udit Deficienry. If, upon audit by the City, ao owner of ao assessed lodging business is found
to 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 net
deficiency. If the owner of an assessed lodging business fails or refuses to pay the defi cient
amount and applicable penalties within fourteen (14) days of the date of the invoice, an
additional penalty shall be imposed at the rate of one percent (1 %) per day of the net
deficiency, not to exceed ten p ercent (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 be
added 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 who
fails 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, exclusive
of penalties, from the date on which the remittance first became delinquent until paid.
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6. Penalties Merged 111ith Assessment. Every penalty imposed and such interest as accrues under the
provisions of this section shall become a part of the assessment required to be paid by this
Plan.
F. Time and Manner for Collecting Assessments
The CTBID will have a five (5) year life, beginning January 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 voluntary .75% assessment for golf-rdated programs
and activities.
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V. GOVERNANCE
A. Owners' Association
The 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 Carlsb ad Convention and Visitors Bureau, dba
Visit Carlsbad, will serve as the Owners' Association for the CTBID. The VC Board of Directors
shall 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 CTBID
may form a committee, comprised of those lodging businesses that voluntarily elect to pay the
additional 0.75% 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 o ther 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 Report
T he 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 business
owner 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 m ade from sources other than assessments
levied pursuant to this part.
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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 I. 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 inadequate
facilities, services, and activities in the business districts.
(b) It is in the public interest to promote the economic revitalization and physical maintenance of business
districts 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 im provements,
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 benefits
upon properties and businesses within their districts and have made those properties and businesses more
useful by providing the following benefits:
(I) 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 the
30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(t) 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, promote
economic opportunities, and create a clean and safe environment.
(g) Since the enactment of this act, the people of California have adopted Proposition 218, which added
Article Xill 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 XIlI D of the Constitution
provides 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, its
interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits
in property-based districts.
(I) 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, and
activities 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 assessed
inherently 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
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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 clarity
regarding 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 with
legislative intent regarding restrictions on property-based assessments, and the manner in which
special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments
within property and business improvement di stricts, 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
36606. "Activities"
"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 services
supplemental to those normally provided by the municipality.
(f) Other services provided for the purpose of conferring special benefit upon assessed real property or
specific benefits upon assessed businesses located in the district.
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.
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36608. "City"
"City" means a city, county, city and county, or an agency or entity created pursuant to Article I (commencing with
Section 6500) of Chapter 5 of Division 7 of Title I 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"
"General benefit" means, for purposes of a property-based district, any benefit that is not a "special benefit" as defined
in Section 366 15.5.
36610. "Improvement"
"lmprovement" means the acquisition, construction, installation, or maintenance of any tangible property with an
estimated useful li fe of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, di splay 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.
U) Facilities or equipment, or both, to enhance security of persons and property within the district.
(k) Ramps, sidewalks, plazas, and pedestrian malls.
(I) Rehabilitation or removal of existing structures.
36611. "Management district plan"; "Plan"
"Management district plan" or "plan" means a proposal as defined in Section 36622.
36612. "Owners' association"
"Owners' association" means a private nonprofit enti ty 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 pub) ic 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 I 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 l of the Government Code), for all
records relating to activities of the district.
36614. "Property"
"Property" means real property situated within a district.
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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 ofa 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.
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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 proposed
district who will pay more than 50 percent of the assessments proposed to be levied, the city council may
initiate 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 business
owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be
included in determining whether the petition is signed by property or business owners who will pay more
than 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 of
the management district plan. That summary shall include all of the following:
(I) 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 of
the 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 requirements
of 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 parcel
of 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 owner
to reasonably determine whether a business is located within the district boundaries. If the assessment will
be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property
and 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 for
establishment 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 a
proposed 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 created
pursuant 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 ( commencing
with Section 36500)). This part does not prohibit the boundaries of a business assessment district created
pursuant to this part to overlap with another business assessment district created pursuant to this part. This
part 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 ofoperation of the district and the
maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation
are the same, a description of the first year's proposed improvements, maintenance, and activities and a
statement that the same improvements, maintenance, and activities are proposed for subsequent years shall
satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt
service in each year of operation of the district. If the assessment is levied on businesses, this amount may
be estimated based upon the assessment rate. rfthe total annual amount proposed to be expended in each year
of operation of the district is not significantly different, the amount proposed to be expended in the initial
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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 the
assessment in sufficient detail to allow each property or business owner to calculate the amount of the
assessment to be levied against his or her property or business. The plan also shall state whether bonds will
be 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 IO years. Notwithstanding
these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy
assessments until the maximum maturity of the bonds. The management district plan may set forth specific
increases 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)
(I) 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 a
district 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 public
improvement, 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 the
proportional 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 conferred
o n 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 the
governmental 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 effects
that 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 any
special benefit or affect the proportionate special benefit derived by each identified parcel.
(I) In a property-based district, the total amount of all special benefits to be conferred upon the properties
located 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 eng ineer'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) [fa city council proposes to levy a new or increased property assessment, the notice and protest and
hearing procedure shall comply w ith Section 53753 of the Government Code.
(b) If a city council proposes to levy a new or increased business assessment, the notice and protest and
hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be
mailed 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 fi led w ith 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
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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 property
assessment and a new or increased business assessment, the notice and protest and hearing procedure for the
property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for
the 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 remaining
portion of the assessment may be levied unless the improvement or other special benefit was proposed to be
funded 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) 1f the city council, following the public hearing, decides to establish a proposed property and business
improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited
to, all of the following:
(I) 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 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 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 the
district.
(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 the
levy 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 resolution
of 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 the
district 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 by
the proposed assessments, and, for a property-based district, that property within the district will
receive 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 the
management district plan.
36627. Notice and assessment diagram
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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 may
classify properties for purposes of determining the benefit to property of the improvements and activities
provided 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 classify
businesses 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 not
be subject to any assessment pursuant to this part.
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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 counci l 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 district
plan after conducting one public hearing on the proposed modifications. The city council may modjfy the
improvements and activities to be funded with the revenue derived from the levy of the assessments by
adopting 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:
(I) The resolution of intention shall be published in a newspaper of general circulation in the city
once 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 proposed
modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the
public hearing required by this section. The public hearing shall be held not more than 90 days after the
adoption 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 3 100), in a manner consistent with the provisions of Section 36627.
CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction oo reduction or termination of assessments
(a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the
estimated 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 IO (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 I 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 of
those improvements, specify the number of annual installments and the fiscal years during which they are to
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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 on
any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with
the 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, for
which 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 nan1e, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain
all of the following information:
(I) Any proposed changes in the boundaries of the property and business improvement district or in
any 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 his
or 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 fiscal
year.
(6) The estimated amount of any contributions to be made from sources other than assessments
levied pursuant to this part.
(c) The city council may approve the report as filed by the owners' association or may modify any particular
contained 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 behalfofthe 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 derived
from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed
district 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 not
include 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.
CTBID Management District Plan
July 7, 2022
July 13, 2022
25
Item 2 Page 63 of 75
( c) Upon renewal, a district shall have a tenn not to exceed IO years, or, if the district is authorized to issue
bonds, 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 by
resolution 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 date
of establishment of the di strict and shall continue for 30 days. The next such 30-day period shall
begin two years after the date of the establishment of the district. Each successive year of operation
of 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 the
district 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 hearing
required by this section. The resolution shall state the reason for the disestablishment, shall state the time and
place 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 hearing
on 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 the
public hearing not less than 30 days after mailing the notice to the property or business owners. The public
hearing 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 all
outstanding debts are paid, derived from the levy of assessments, or deri ved from the sale of assets acquired
with 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 the
same 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 be
spent 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 that
was used to calculate the assessments levied in the immediate prior fi scal year shall be used to calculate the
amount of any refund.
CTBID Management District Plan
July 7, 2022
July 13, 2022
26
Item 2 Page 64 of 75
APPENDIX 2 -ASSESSED BUSINESSES
Lodging Business
129 MAPLE
155 SYCAMORE RENTAL
180-190 WALNUT PROPERTIES LLC -180A
180-190 WALNUT PROPERTIES LLC -180B
180-190 WALNUT PROPERTIES LLC -190
224 NORMANDY LANE VACATION RENTAL
226 NORMANDY LANE VACATION RENTAL
2361 BUENA VISTA
2445 OCEAN STREET LLC -UNIT A
2445 OCEAN STREET LLC -UNIT B
2445 OCEAN STREET LLC -UNIT C
2751 OCEAN ST
3065 OCEAN ST -A
3065 OCEAN ST -B
3065 OCEAN ST -C
3080 LINCOLN UNIT 16
3287 LINCOLN VACATION RENTAL
3454 CARLSBAD BL VD
3570 LLC-UNIT B
3570 LLC-UNIT E / ·-·-~ .. ,.
365VACATIONS LLC
3660 CARLSBAD BOULEVARD TRUST
3662-3664 GARFIELD STREET LLC
3718 CARLSBAD BL VD ' ·,.
376 ACACIA AVE
378 ACACIA AVE '\. ' 3900 GS HOLDINGS LLC
3915 LINMAR LANE LLC
4020 SYM E LLC
4273 HIGHLAND L
5185 SHORE DRIVE CARLSBAD
5185 SHORE DRIVE CARLSBAD .,
580 LAGUNA LLC
AL AND PAM VACATION RENTAL-3862
ALEJANDRO TORREBLANCA
ALEKSANDR SERGEYEV-260 TAMARACK
ANATRA VACANZA
ANCHORAGE INVESTMENTS LLC -4347
ANDREW SELNA
ANTHONY BEL TRAN
ANTHONY BOUDREAULT-5380
CTBID Management District Plan
July 7, 2022
July 13, 2022
.' --.
'
" ~
,,,
Address
129 MAPLE AVE
155 SYCAMORE AVE
180 WALNUT AVE
180 WALNUT AVE
190 WALNUT AVE
224 NORMANDY LN
226 NORMANDY LN
2361 BUENA VISTA CIR
2445 OCEAN ST
2445 OCEAN ST
2445 OCEAN ST
2751 OCEAN ST
3065 OCEAN ST
3065 OCEAN ST "
3065 OCEAN ST
3080 LINCOLN ST
3287 LINCOLN ST
' 3454 CARLSBAD BLVD
3570 CARLSBAD BLVD
3570 CARLSBAD BLVD
3492 CARLSBAD BLVD
3660 CARLSBAD BLVD
3662 GARFIELD ST
3718 CARLSBAD BLVD
376 ACACIA AVE
~ 378 ACACIA AVE
3900 GARFIELD ST
3915 LINMAR LN
4020 SYME DR
4273 HIGHLAND DR
5185 SHORE DR
5185 SHORE DR
580 LAGUNA DR
3862 CARLSBAD BLVD
4225 ISLE DR
260 TAMARACK AVE
932 ANATRA CT
4347 HIGHLAND DR
230 PACIFIC AVE
2003 COSTA DEL MAR RD
5380 CARLSBAD BLVD
City, State, Zip
CARLSBAD, CA 92008-3264
CARLSBAD, CA 92008-3145
CARLSBAD, CA 92008-3257
CARLSBAD, CA 92008-3257
CARLSBAD, CA 92008-3146
CARLSBAD, CA 92008-2222
CARLSBAD, CA 92008-2222
CARLSBAD, CA 92008-1604
CARLSBAD, CA 92008-2234
CARLSBAD, CA 92008-2234
CARLSBAD, CA 92008-2234
CARLSBAD, CA 92008-2241
CARLSBAD, CA 92008-2958
CARLSBAD, CA 92008-2958
CARLSBAD, CA 92008-2958
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-3131
CARLSBAD, CA 92008-3225
CARLSBAD, CA 92008-3227
CARLSBAD, CA 92008-3227
CARLSBAD, CA 92008-3225
CARLSBAD, CA 92008-8208
CARLSBAD, CA 92008-8218
CARLSBAD, CA 92008-8211
CARLSBAD, CA 92008-3212
CARLSBAD, CA 92008-3212
CARLSBAD, CA 92008-4035
CARLSBAD, CA 92008-4125
CARLSBAD, CA 92008-3561
CARLSBAD, CA 92008-4224
CARLSBAD, CA 92008-4347
CARLSBAD, CA 92008-4347
CARLSBAD, CA 92008-1607
CARLSBAD, CA 92008-4008
CARLSBAD, CA 92008-3620
CARLSBAD, CA 92008-4061
CARLSBAD, CA 92011-4876
CARLSBAD, CA 92008-4226
CARLSBAD, CA 92008-2245
CARLSBAD, CA 92009-6803
CARLSBAD, CA 92008-4308
27
Item 2 Page 65 of 75
ANTHONY ROSS
ANTON VISHNYAK
AVI BEN-ARI
BARBARA D POWELL
BARBARA DELANEY
BEACH TERRACE INN
BEACH VILLAGE RENTAL
BEACHY GETAWAY
BEACHY GETAWAY
BELLA SIRENA CONDO
BEST WESTERN BEACH VIEW LODGE
BEST WESTERN CARLSBAD BY THE SEA
BILL DALY UNIT 1008
BLUE OCEAN DREAMS
BM ILLS AND CO LLC
BOB AND MONICA FLORA VACATION RENTAL
BOB AND MONICA VACATION RENTAL NO 2
BOB AND SUE CRUM RENTALS -158
BOB AND SUE CRUM RENTALS -167
BRETT TODD
BRIDGET O'GARA BLOOM
BRIGID FREYNE
BROWN VACATION RENTALS
BRUCE MADDEN
CACL10 , '-', J
CANDELARIA CORTEZ
CARLSBAD BY THE SEA RESORT " r '
CARLSBAD DREAM UNIT A
CARLSBAD DREAM UNIT B ~ ......... , ..... , ",,
CARLSBAD DREAM UNIT C
CARLSBAD DREAM UNIT D \
CARLSBAD INN BEACH RESORT
CARLSBAD SUITES l I
I
CAROLE ANN COLBERT
CASA DE CHINQUAPIN ,, /
CASA DE COSTA
CASA SUP REMA
CASAS DE PU ESTA DEL SOL
CASAS DE PU ESTA DEL SOL LLC
CASSARA CARLSBAD
CATNAP RENTALS LLC
CHERRY KMA LLC
CHRIS MADDOX
CHRIS PERSIDOK
CHRIS WHITMER
CTBID Management District Plan
July 7, 2022
July 13, 2022
175 CH INQUAPIN AVE
1045 MAGNOLIA AVE
4108 PARK DR
2955 OCEAN ST
2003 COSTA DEL MAR RD
OCEAN ST
3140 LINCOLN ST
3080 LINCOLN ST
3080 LINCOLN ST .,
3080 LINCOLN ST
CARLSBAD BLVD ,,
" MACADAMIA DR
4016 GARFIELD ST
331 OAK AVE
2639 GARFIELD ST
155 WALNUT AVE
157 WALNUT AVE
158 ACACIA AVE
167 REDWOOD AVE
5100 EL ARBOL DR
3245 GARFIELD ST ,.
329 OAK AVE
165 CHINQUAPIN AVE
4485 ADAMS ST
182 CHINQUAPIN AVE
2003 COSTA DEL MAR RD
-PALOMAR AIRPORT RD
3360 CARLSBAD BLVD
3360 CARLSBAD BLVD
3360 CARLSBAD BLVD
'1 / 3360 CARLSBAD BLVD
CARLSBAD BL VD
AVENIDA ENCINAS
2005 COSTA DEL MAR RD
460 CHINQUAPIN AVE
2003 COSTA DEL MAR RD
3080 LINCOLN ST
2599 OCEAN ST
2601 OCEAN ST
ARMADA DR
1186 LARKSPUR LN
160 CHERRY AVE
4208 HIGHLAND DR
234 TAMA RACK AVE
367 BEECH AVE
CARLSBAD, CA 92008-7463
CARLSBAD, CA 92008-2539
CARLSBAD, CA 92008-3635
CARLSBAD, CA 92008-2954
CARLSBAD, CA 92009-6814
CARLSBAD, CA 92008-2241
CARLSBAD, CA 92008-2933
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-2908
CARLSBAD, CA 92011-3205
CARLSBAD, CA 92008-7454
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92008
CARLSBAD, CA 92008-3147
CARLSBAD, CA 92008-3147
CARLSBAD, CA 92008-3201
CARLSBAD, CA 92008-4052
CARLSBAD, CA 92008-4314
CARLSBAD, CA 92008-3126
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92008-7408
CARLSBAD, CA 92008-4206
CARLSBAD, CA 92008-7448
CARLSBAD, CA 92009-6803
CARLSBAD, CA 92011-4443
CARLSBAD, CA 92008-3103
CARLSBAD, CA 92008-3103
CARLSBAD, CA 92008-3103
CARLSBAD, CA 92008-3103
Carlsbad, CA 92008-2906
Carlsbad, CA 92008-4371
CARLSBAD, CA 92009-6819
CARLSBAD, CA 92008-4103
CARLSBAD, CA 92009-6802
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-2236
CARLSBAD, CA 92008-2238
Carlsbad, CA 92008-4609
CARLSBAD, CA 92008-3405
CARLSBAD, CA 92008-8212
CARLSBAD, CA 92008-4223
CARLSBAD, CA 92008-4061
CARLSBAD, CA 92008-2204
28
Item 2 Page 66 of 75
CHRISTINE WALLACE
CIMA PROPERTIES
CK BALE INVESTMENTS LLC
CLAIRE KRUGER -4024 STE A
CLAIRE KRUGER -4024 STE B
CNSWll LLC
CNSW4 LLC
COASTAL BREEZE VACATION RENTAL -354
COASTAL BREEZE VACATION RENTAL -364
COASTAL STUDIO
COURTNEY SULLIVAN
COURTNEY SULLIVAN
COURTYARD SAN DIEGO CARLSBAD
COZY BEACH COTTAGE
CRAFTSMAN 154
CYNTHIA BAUSCH-6821
CYNTHIA T BAUSCH -3987
CYNTHIA T BAUSCH -6808
DAN AND NANCY WARNER
DANIELLE PENMAN
DANIELS-SIMPSON
DAVID WATKINS
DAYS INN
DENNIS DELMAR / ·-
DEREK ORME-2315
DONALD J MOORE '·, I .,
DOUGLASS LEE
...... . -ECO NO LODGE INN AND SUITES ... ....
EDWOZOW
ELISABETH BAUMGARTNER-CHANG
ELISABETH BAUMGARTNER-CHANG
EQUITAS REAL ESTATE HOLDINGS LLC I
EVELYN ROSE -UNIT A
EVELYN ROSE -UNIT B ,·
'
EVELYN ROSE -UNIT C
EVELYN ROSE -UNIT D \ /
EVELYN ROSE -UNITE
EVELYN ROSE -UNIT F
EVERGREEN HEBRON LP -UNIT A
EVERGREEN HEBRON LP -UNIT A
EVERGREEN HEBRON LP -UNIT B
EVERGREEN HEBRON LP -UNIT B
EXTENDED STAY AMERICA 8831
FAIRFIELD INN AND SUITES CARLSBAD
FATHI PROPERTY MANAGEMENT GROUP
CTBID Management District Plan
July 7, 2022
July 13, 2022
........ '.,.
:-··
3933 SYME DR
3664 CARLSBAD BLVD
936 ANATRA CT
4024 GARFIELD ST
4024 GARFIELD ST
3080 LINCOLN ST
3080 LINCOLN ST
354 ACACIA AVE
364 ACACIA AVE
474 CHINQUAPIN AVE
1420 YOU RELL AVE
1420 YOU RELL AVE '"
OWENS AVE
3267 LINCOLN ST '
154 SYCAMORE AVE
6821 SHEAR-WATERS DR
3987 JEFFERSON ST
.. 6808 SHEARWATERS DR
3116 LINCOLN ST
2431 BUENA VISTA CIR
2003 COSTA DEL MAR RD
4030 PARK DR -
PIO PICO DR
202 CHINQUAPIN AVE
2315 PIO PICO DR
3726 CARLSBAD BLVD
351 OAK AVE
PIO PICO DR
3920 SKYLINE RD
2005 COSTA DEL MAR RD
2005 COSTA DEL MAR RD
2651 GARFIELD ST
3009 OCEAN ST
3009 OCEAN ST
3009 OCEAN ST
3009 OCEAN ST
3009 OCEAN ST
3009 OCEAN ST
3015 OCEAN ST
3015 OCEAN ST
3015 OCEAN ST
3015 OCEAN ST
GRAND AVE
PALOMAR OAKS WAY
4424 HIGHLAND DR
CARLSBAD, CA 92008-3569
CARLSBAD, CA 92008-8208
CARLSBAD, CA 92011-4876
CARLSBAD, CA 92008-7401
CARLSBAD, CA 92008-7401
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-3212
CARLSBAD, CA 92008-3212
CARLSBAD, CA 92008-4103
CARLSBAD, CA 92008-1051
CARLSBAD, CA 92008-1051
CARLSBAD, CA 92008-6562
CARLSBAD, CA 92008-2942
CARLSBAD, CA 92008-3144
CARLSBAD, CA 92011-3702
CARLSBAD, CA 92008-4118
CARLSBAD, CA 92011-3701
CARLSBAD, CA 92008-2933
CARLSBAD, CA 92008-1601
CARLSBAD, CA 92009-6802
CARLSBAD, CA 92008-2619
CARLSBAD, CA 92008-3406
CARLSBAD, CA 92008-7407
CARLSBAD, CA 92008-1037
CARLSBAD, CA 92008-8211
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92008-2554
CARLSBAD, CA 92008-2745
CARLSBAD, CA 92009-6819
CARLSBAD, CA 92009-6819
CARLSBAD, CA 92008-2217
CARLSBAD, CA 920082972
CARLSBAD, CA 92008-2972
CARLSBAD, CA 92008-2972
CARLSBAD, CA 92008-2972
CARLSBAD, CA 92008-2972
CARLSBAD, CA 92008-2972
CARLSBAD, CA 920082958
CARLSBAD, CA 920082958
CARLSBAD, CA 92008-2958
CARLSBAD, CA 92008-2958
Carlsbad, CA 92008-1813
CARLSBAD, CA 92008-6511
CARLSBAD, CA 92008-4227
29
Item 2 Page 67 of 75
FEARN BOYS -150 TAMARACK AVE LLC
FERRARI VACATION PROPERTIES
FREE ARROW INC -UNIT 670
G SQUARED PACIFIC LLC
GARFIELD RENTAL PROPERTY LLC -3555
GARFIELD RENTAL PROPERTY LLC -3559
GAYLE CLARK-3255 GARFIELD
GAYLE CLARK-3265
GEORGE AND JACKYE WILLIS TRUSTEES OF THE WILLIS
FAM ILY TRUST
GIGI'S AT LAGUNA ROW LLC
GLENN SUMMER HOMES LLC
GLOBAL SPORTS MARKETING AND EVENTS INC
HAND M NORCOAST
HELENBART CO -NORTH UNIT
HELENBART CO -SOUTH
HELENBART CO -UPPER UNIT
HILTON CAPE REY -CARLSBAD
HILTON GARDEN INN CARLSBAD BEACH
HINES \
HOLIDAY INN
HOLIDAY INN EXPRESS AND SUITES
HOME2 SUITES CARLSBAD
HOMES BY JIANG ·,,
HOMEWOOD SUITES CARLSBAD
HUGH R COBB '· \ I
HYLAND INN
IRENE M PATTON /'--......._ ---~ ' -....
JACKIE LEWIS
JACLYN HARRTY '-.., ' '--'-
JACOB KLASSEN
JACQUELINE FITCH ·, \ I
JAN VANSLYKE
JASON ANDERSON SNT "' }/
JEFFERSON POINT
JESSICA SULLIVAN " /'
JH RANCH LLC
JOANNE EKERLING
JOE AND DEE DEE SHORT TERM VACATION RENTAL
JOEL HIRSCH KOFF
JOEL KLETT
JOHN FIKE
JOHN FREIM
JOHN MCALLISTER
JOHN SCHUREMAN
CTBID Management District Plan
July 7, 2022
July 13, 2022
150 TAMARACK AVE
393 DATE AVE
2003 COSTA DEL MAR RD
1120 CAMINO DEL SOL CIR
3555 GARFIELD ST
3559 GARFIELD ST
3255 GARFIELD ST
3265 GARFIELD ST
539 CARLSBAD VILLAGE DR
578 LAGUNA DR
2375 JEFFERSO N ST ··.,
7270 PONTO DR
155 CHESTNUT AVE .,,_
2489 OCEAN ST
2489 OCEAN ST
2489 OCEAN ST
PONTO RD
CARLSBAD BLVD
3472 GARFIELD ST
PALOMAR AIRPORT RD
RAINTREE DR
WRIGHT PL
4930 PARK DR
PALOMAR AIRPORT RD
3080 LINCOLN ST
PIO PICO DR
2677 GARFIELD ST
2005 COSTA DEL MAR RD
3950 HIBISCUS CIR
4810 REFUGIO AVE
2003 COSTA DEL MAR RD
951 JASMINE CT
2003 COSTA DEL MAR RD
2380 JEFFERSON ST
2003 COSTA DEL MAR RD
3980 GARFIELD ST
1190 TAMARACK AVE
4392 ADAMS ST
2355 JEFFERSON ST
2603 OCEAN ST
2005 COSTA DEL MAR RD
2005 COSTA DEL MAR RD
355 HEMLOCK AVE
6891 WATERCOURSE DR
CARLSBAD, CA 92008-4059
CARLSBAD, CA 92008-7432
CARLSBAD, CA 92009-6803
CARLSBAD, CA 92008-3509
CARLSBAD, CA 92008-3242
CARLSBAD, CA 92008
CARLSBAD, CA 92008-3126
CARLSBAD, CA 92008-3126
CARLSBAD, CA 92008-2362
CARLSBAD, CA 92008
CARLSBAD, CA 92008-1405
CARLSBAD, CA 92011-4601
CARLSBAD, CA 92008-3107
CARLSBAD, CA 92008-2234
CARLSBAD, CA 92008-2234
CARLSBAD, CA 92008-2234
CARLSBAD, CA 92011-4620
Carlsbad, CA 92011-1058
CARLSBAD, CA 92008-3238
Carlsbad, CA 92009-1729
CARLSBAD, CA 92011-3206
Carlsbad, CA 92008-6528
CARLSBAD, CA 92008-3812
Carlsbad, CA 92011-1553
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-2553
CARLSBAD, CA 92008-2217
CARLSBAD, CA 92009-6821
CARLSBAD, CA 92008-4116
CARLSBAD, CA 92008-3728
CARLSBAD, CA 92009-6803
CARLSBAD, CA 92011-4826
CARLSBAD, CA 92009-6814
CARLSBAD, CA 92008-1404
CARLSBAD, CA 92009-6814
CARLSBAD, CA 92008-4035
CARLSBAD, CA 92008-3417
CARLSBAD, CA 92008
CARLSBAD, CA 92008
CARLSBAD, CA 92008-2238
CARLSBAD, CA 92009-6819
CARLSBAD, CA 92009-6818
CARLSBAD, CA 92008-8228
CARLSBAD, CA 92011-3743
30
Item 2 Page 68 of 75
JOSEPH CUSANELLI
JOSEPHINE DICKENS
JR HOSPITALITY
JULIE A DAILEY
JULIE BREGEN
JULIE MIETUS PROPERTIES
JUNIPER BEACH PROPERTIES LLC -UNIT A
JUNIPER BEACH PROPERTIES LLC -UNIT B
JUNIPER BEACH PROPERTIES LLC -UNIT C
JUNIPER BEACH PROPERTIES LLC -UNIT D
JUNIPER STUDIO
KAB HOUSING-2435 TUTTLE ST
KAREN CLEMENTS
KAREN R THOMPSON
KATHLEEN KENNEDY
KEVIN BENDER PRESENTS -STVR
KIMBERLY FLAMMER
KIMBERLY MCEVOY
KIMBERLY TODD
LA COSTA CHATEAUS -697
LA COSTA PARADISO
LA QUINTA CARLSBAD
LAGUNA PROJECT LP
LANGEN BEACH HOUSE
LATRONICA BAND B / -, '
LAURIE REISS
LB BEACH PROPERTIES LLC-UNIT A \. ,
LB BEACH PROPERTIES LLC-UNIT B
LCAP II LLC -UNIT 1 . ~
LCAP II LLC -UNIT 2
LCAP II LLC -UNIT 3 " '
LCAP II LLC -UNIT 4
Legoland Hotels
LEUCADIA LIFE LLC
LISA JACKSON -GARFIELD UNIT A /
LISA JACKSON -GARFIELD UNIT B
LISA JACKSON -GARFIELD UNIT C
LONDON ONE PROPERTIES LLC
LUAN DAUTl'S RENTALS -UNIT A
LUAN DAUTl'S RENTALS -UNIT B
LUAN DAUTl'S RENTALS -UNIT C
LUIS GARCIA
MAAF CONSULTING
MACIEL RENTALS
MAHINA ENTERPRISES INC
CTBID Management District Plan
July 7, 2022
July 13, 2022
5420 CARLSBAD BLVD
3986 LINMAR LN
1735 CEREUS CT
1010 DAISY CT
1747 CEREUS CT
2005 COSTA DEL MAR RD
3690 CARLSBAD BLVD
3690 CARLSBAD BLVD
3690 CARLSBAD BLVD
3690 CARLSBAD BLVD
271 JUNIPER AVE -
2435 TUTTLE ST
5021 TIERRA DEL ORO ST
3406 CARLSBAD BLVD
1733 CALAVO CT
4070 ADAMS ST
2943 JEFFERSON ST
1758 CAPE MAY PL
6471 FRANCISCAN RD
2003 COSTA DEL MAR RD
'· 1720 CATALPA RD
MACADAMIA DR
584 LAGUNA DR
3418 CARLSBAD BLVD
2459 TUTTLE ST
446 CHINQUAPIN AVE
I ' 3950 GARFIELD ST
3950 GARFIELD ST
' 3480 GARFIELD ST
3480 GARFIELD ST
l 3480 GARFIELD ST
3480 GARFIELD ST
6645 CURLEW TER
3305 GARFIELD ST
3305 GARFIELD ST
3305 GARFIELD ST
2003 COSTA DEL MAR RD
3981 GARFIELD ST
3981 GARFIELD ST
3981 GARFIELD ST
2955 OCEAN ST
2003 COSTA DEL MAR RD
3080 LINCOLN ST
2005 COSTA DEL MAR RD
CARLSBAD, CA 92008-4416
CARLSBAD, CA 92008-4124
CARLSBAD, CA 92011-5119
CARLSBAD, CA 92011-4846
CARLSBAD, CA 92011-5119
CARLSBAD, CA 92009-6818
CARLSBAD, CA 92008-8210
CARLSBAD, CA 92008-8210
CARLSBAD, CA 92008-8210
CARLSBAD, CA 92008-8210
CARLSBAD, CA 92008
CARLSBAD, CA 92008-1446
CARLSBAD, CA 92008-4351
CARLSBAD, CA 92008-3224
CARLSBAD, CA 92008-4252
CARLSBAD, CA 92008-3504
CARLSBAD, CA 92008-2333
CARLSBAD, CA 92008-3608
CARLSBAD, CA 92011-3212
CARLSBAD, CA 92009-6815
CARLSBAD, CA 92011-5106
Carlsbad, CA 92011-3205
CARLSBAD, CA 92008
CARLSBAD, CA 92008-3224
CARLSBAD, CA 92008-1446
CARLSBAD, CA 92008-4103
CARLSBAD, CA 92008-4035
CARLSBAD, CA 92008-4035
CARLSBAD, CA 92008-3297
CARLSBAD, CA 92008-3297
CARLSBAD, CA 92008-3297
CARLSBAD, CA 92008-3297
CARLSBADCA
CARLSBAD, CA 92011-3965
CARLSBAD, CA 92008-3128
CARLSBAD, CA 92008-3128
CARLSBAD, CA 92008-3128
CARLSBAD, CA 92009-6814
CARLSBAD, CA 92008-4011
CARLSBAD, CA 92008-4011
CARLSBAD, CA 92008-4011
CARLSBAD, CA 92008-2954
CARLSBAD, CA 92009-6815
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92009-6820
31
Item 2 Page 69 of 75
MAHON DEVELOPMENT INC
MARIAN EDWARDS
MARTIN CARTER-STVR
MARYLOUISE MARTIN
MG HOSPITALITY CARLSBAD LLC
MICHAEL ENRIGHT -3771
MICHAEL FOULGER
MICHAEL FOX
MOTELG
MOTEL 6 NO 1021
MOTEL 6 NO 471
NEIGHBORHOOD INVESTMENT NETWORK LLC VACATION
RENTAL
NEW VILLAGE REAL ESTATE LLC
NICECLIFF PROPERTIES
NOJA RENTALS
NOJA RENTALS 564
NORIK NARAGHI
NORM VENTURI
NORTH COUNTY EYE CENTER INC
OCEAN ELEMENTS AT CARLSBAD -UNIT 1
OCEAN ELEMENTS AT CARLSBAD -UNIT 2
OCEAN ELEMENTS AT CARLSBAD -UNIT 2A
OCEAN ELEMENTS AT CARLSBAD -UNIT 3
OCEAN ELEMENTS AT CARLSBAD -UNIT 4
OCEAN ELEMENTS AT CARLSBAD -UNIT 4A
OCEAN ELEMENTS AT CARLSBAD -UNIT 5
OCEAN ELEMENTS AT CARLSBAD -UNIT 6
OCEAN ELEMENTS AT CARLSBAD -UNIT GA
OCEAN ELEMENTS AT CARLSBAD -UNIT7
OCEAN ELEMENTS AT CARLSBAD -UNIT 8
OCEAN ELEMENTS AT CARLSBAD -UNIT 8A
OCEAN M 1ST LLC -335
OCEAN PALMS BEACH RESORT
OCEAN STREET VILLAS LLC -UNIT A
OCEAN STREET VILLAS LLC-UNIT B
OCEAN STREET VILLAS LLC -UNIT C
OCEAN STREET VILLAS LLC -UNIT D
OCEAN STREET VILLAS LLC -UNITE
OCEAN STREET VILLAS LLC -UNIT F
OCEAN STREET VILLAS LLC -UNIT G
OCEAN STREET VILLAS LLC -UNIT H
OCEAN STREET VILLAS LLC -UNIT I
OCEAN STREET VILLAS LLC-UNIT SAND
OLIVE RENTAL
CTBID Management District Plan
July 7, 2022
July 13, 2022
.
4826 KELLY DR
2669 GARFIELD ST
1175 MAGNOLIA AVE
2003 COSTA DEL MAR RD
PALOMAR AIRPORT RD
3771 GARFIELD ST
4900 PARK DR
2003 COSTA DEL MAR RD
PASEO DEL NORTE
CARLSBAD VILLAGE DR
RAINTREE DR
245 HEMLOCK AVE ..
6488 SURFSIDE LN
2003 COSTA DEL MAR RD
2464 JEFFERSON ST
564 LAGUNA DR
2003 COSTA DEL MAR RD
3910 HOLLY BRAE LN
7064 WHITEWATER ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
3150 OCEAN ST
335 OAK AVE
OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
2895 OCEAN ST
260 OLIVE AVE
CARLSBAD, CA 92008-3733
CARLSBAD, CA 92008-2217
CARLSBAD, CA 92008-2541
CARLSBAD, CA 92009-6803
Carlsbad, CA 92011-1553
CARLSBAD, CA 92008-8221
CARLSBAD, CA 92008-3827
CARLSBAD, CA 92009-6814
Carlsbad, CA 92011-1117
Carlsbad, CA 92008-1803
CARLSBAD, CA 92011-3206
CARLSBAD, CA 92008-8226
CARLSBAD, CA 92011-3207
CARLSBAD, CA 92009-6815
CARLSBAD, CA 92008-1410
CARLSBAD, CA 920081607
CARLSBAD, CA 92009-6815
CARLSBAD, CA 92008-2725
CARLSBAD, CA 92011-5434
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2974
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92008-2952
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-2995
CARLSBAD, CA 92008-7425
32
Item 2 Page 70 of 75
OMNI LA COSTA LLC
PACKARD RENTAL
PALMA DE LA PLAYA -LOWER UNIT
PALMA DE LA PLAYA -UPPER UNIT
PAM KERCKHOFF
PARK HYATT AVIARA
PARK HYATT AVIARA-EMBER AND RYE
PARK HYATT AVIARA -GOLF MAINTENANCE
PARK ST HOUSE
PATRICK ALBERT
PATRICK COFFEY -159
PATRICK COFFEY -161
PATRICK COFFEY -165
PATRICK COFFEY -167
PATRICK LEE AND ASSOCIATES -UNIT 1
PATRICK LE E AND ASSOCIATES -UNIT 2
PATRICK LEE AND ASSOCIATES -UNIT 3
PATRICK LEE AND ASSOCIATES -UNIT 4
PATRICK LEE AND ASSOCIATES -UNIT 5
PATRICK LEE AND ASSOCIATES -UNIT 6
PATRICK LEE AND ASSOCIATES -UNIT 7
PATRICK LEE AND ASSOCIATES -UNIT 8
PATRICK LEE AND ASSOCIATES -UNIT A
PATRICK LEE AND ASSOCIATES -UNIT B
PATRICK LEE AND ASSOCIATES -UNIT C
PATRICK LEE AND ASSOCIATES -UNITE ) I
PATRICK LEE AND ASSOCIATES -UNIT F
PATRICK LEE AND ASSOCIATES -UNIT G ; --
' PATRICK LEE AND ASSOCIATES -UNIT H
PATRICK LEE AND ASSOCIATES -UNIT S '\_ s. 1
PERRY WIGGIN
POPAT DEVELOPMENT LLC \ 1,
,.
POPPY COTTAGE LLC
POPPY COTTAGE LLC ' I ' ·, , ✓
PORTER REAL ESTATE LLC
PRICHARD INNOVATION l /
PURDOM THOMAS
RAGSDALE FAMILY VACATION PROPERTIES LLC -210 UNIT
A
RAGSDALE FAMILY VACATION PROPERTIES LLC -210 UNIT
B
RENE MANZANARES-UNIT A
RENE MANZANARES-UNIT B
RENE MANZANARES-UN IT C
RESIDENCE INN BY MARRIOTT
CTBID Management District Plan
July 7, 2022
July 13, 2022
COSTA DEL MAR RD
3965 PACKARD LN
3021 OCEAN ST
3021 OCEAN ST
3080 LINCOLN ST
AVIARA RESORT DR
BATIQUITOS DR
AVIARA DR
3930 PARK DR
6456 FRANCISCAN RD
159 TAMARACK AVE
161 TAMARACK AVE
165 TAMARACK AVE
167 TAMARACK AVE
150 WALNUT AVE
150 WALNUT AVE
150 WALNUT AVE
150 WALNUT AVE
150 WALNUT AVE
150 WALNUT AVE
150 WALNUT AVE
150 WALNUT AVE ,
235 PINE AVE
235 PINE AVE
235 PINE AVE
235 PINE AVE
235 PINE AVE
235 PINE AVE
235 PINE AVE
235 PINE AVE
812 BLUEWATER RD
343 OAK AVE
902 POPPY LN
902 POPPY LN
156 CHINQUAPIN AVE
331 REDWOOD AVE
141 JUNIPER AVE
210 ACACIA AVE
210 ACACIA AVE
218 PINE AVE
218 PINE AVE
218 PINE AVE
FARADAY AVE
CARLSBAD, CA 92009-6823
CARLSBAD, CA 92008-3651
CARLSBAD, CA 92008-2958
CARLSBAD, CA 92008-2958
CARLSBAD, CA 92008-2929
Carlsbad, CA 92011-4908
Carlsbad, CA 92011-4732
Carlsbad, CA 92011
CARLSBAD, CA 92008-2633
CARLSBAD, CA 92011-3211
CARLSBAD, CA 92008-4060
CARLSBAD, CA 92008-4060
CARLSBAD, CA 92008-4060
CARLSBAD, CA 92008-4060
CARLSBAD, CA 92008-3149
CARLSBAD, CA 92008-3149
CARLSBAD, CA 92008-3149
CARLSBAD, CA 92008-3148
CARLSBAD, CA 92008-3148
CARLSBAD, CA 92008-3148
CARLSBAD, CA 92008-3148
CARLSBAD, CA 92008-3148
CARLSBAD, CA 92008-3140
CARLSBAD, CA 92008-3140
CARLSBAD, CA 92008-3140
CARLSBAD, CA 92008-3140
CARLSBAD, CA 92008-3176
CARLSBAD, CA 92008-3176
CARLSBAD, CA 92008-3176
CARLSBAD, CA 92008-3177
CARLSBAD, CA 92011-3721
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92011-4831
CARLSBAD, CA 92011-4831
CARLSBAD, CA 92008-7406
CARLSBAD, CA 92008-4056
CARLSBAD, CA 92008-8241
CARLSBAD, CA 92008-3244
CARLSBAD, CA 92008-3244
CARLSBAD, CA 92008-2981
CARLSBAD, CA 92008-2981
CARLSBAD, CA 92008-2981
CARLSBAD, CA 92008-7229
33
Item 2 Page 71 of 75
ROBERT HESS
ROBERT SFREDDO
ROMANTIC ESCAPE
ROSE VACATION RENTAL
SAM KA YVON -2634
SAM KA YVON -2636
SANTORO J AND M TRUST
SCANDIA MOTEL -SP
SEA SLOPE UNIT 10
SEA SLOPE UNIT 2
SEA SLOPE UNIT 3
SEA SLOPE UNIT 4
SEASHORE ON THE SAND
SEASONS VACATION RETREATS LLC
SHERATON CARLSBAD RESORT AND SPA
SHORT WALK TO THE BEACH
SPRINGHILL SUITES CARLSBAD
STAYBRIDGE SUITES CARLSBAD
STEPHEN DEUTSCH
STEPHEN PELSTRING
SUMMER WILLIAMS
SURF Y SOL LLC
SURFS UP AT CAPTAINS SANDY BEACH RETREAT
SUSAN MAERSK-MOLLER
SUSAN SAUTER ·,
~
SWEET CASITA VACATION RENTAL
TANDE HOLDINGS LLC ' I
TAMARACK BEACH HIDEAWAY
TAMARACK BEACH RESORT · . ._ " '-
TAMARACK-HILLERY LLC
TARVIN SHORT TERM VACATION RENTAL ' ,,
TATIANA NOVICK
TAYLOR MCKENZIE I ,'
TERRAMAR BEACH HOUSE
THANE RIVERS
THE BATISTA TRUST -TRUSTEE M ICHAELS BATISTA
THE SELTZER HIDEAWAY
THE WESTIN CARLSBAD RESORT AND SPA
THOMAS BRAYTON
TIJGER INTERNATIONAL LLC
TINYVACATION RENTALS
TINYVACATION RENTALS
TODD RIDDLE
TOES IN THE SAND BEACH RENTALS
TOLO MANAGEMENT INC
CTBID Management District Plan
July 7, 2022
July 13, 2022
3512 CARLSBAD BLVD
353 OAK AVE
2003 COSTA DEL MAR RD
7004 MIMOSA DR
2634 OCEAN ST
2636 OCEAN ST
5285 SHORE DR
CARLSBAD BLVD
2955 OCEAN ST ,..,
2955 OCEAN ST
2955 OCEAN ST ,-'
' 2955 OCEAN ST -OCEAN ST
1663 CORTE ORCHIDIA
Grand Pacific DR
3080 LINCOLN ST
CARLSBAD BLVD
PALOMAR AIRPORT RD
2005 COSTA DEL MAR RD
946 DAISY AVE
2374 BUENA VISTA CIR
2470 JEFFERSON ST
251 REDWOOD AVE
2005 COSTA DEL MAR RD
4113 HARRISON ST
346 ACACIA AVE
3374 CARLSBAD BLVD
1271 TAMARACK AVE
CARLSBAD BLVD
1305 TAMARACK AVE
301 REDWOOD AVE
347 OAK AVE
7003 MIMOSA DR
5051 SHORE DR
3728 CARLSBAD BLVD
2003 COSTA DEL MAR RD
7218 DURANGO CIR
Grand Pacific DR
2005 COSTA DEL MAR RD
1185 TAMARACK AVE
7207 DAFFODIL PL
7207 DAFFODIL PL
6468 FRANCISCAN RD
135 JUNIPER AVE
3360 GARFIELD ST
CARLSBAD, CA 92008-3226
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92009-6802
CARLSBAD, CA 92011-5130
CARLSBAD, CA 92008-2237
CARLSBAD, CA 92008-2237
CARLSBAD, CA 92008-4349
CARLSBAD, CA 92008-2205
CARLSBAD, CA 92008-2954
CARLSBAD, CA 92008-2954
CARLSBAD, CA 92008-2954
CARLSBAD, CA 92008-2954
CARLSBAD, CA 92008-2993
CARLSBAD, CA 92011-4066
Carlsbad, CA 92008-4723
CARLSBAD, CA 92008-2929
Carlsbad, CA 92008-2908
Carlsbad, CA 92009-1729
CARLSBAD, CA 92009-6817
CARLSBAD, CA 92011-4815
CARLSBAD, CA 92008-1603
CARLSBAD, CA 92008-1410
CARLSBAD, CA 92008-4054
CARLSBAD, CA 92009-6820
CARLSBAD, CA 92008-3556
CARLSBAD, CA 92008-3245
CARLSBAD, CA 92008-3104
CARLSBAD, CA 92008-3420
CARLSBAD, CA 92008-3101
CARLSBAD, CA 92008-3422
CARLSBAD, CA 92008-4056
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92011-5131
CARLSBAD, CA 92008-4345
CARLSBAD, CA 92008-8211
CARLSBAD, CA 92009-6815
CARLSBAD, CA 92011-5114
Carlsbad, CA 92008-4723
CARLSBAD, CA 92009-6820
CARLSBAD, CA 92008-3418
CARLSBAD, CA 92011-4812
CARLSBAD, CA 92011-4812
CARLSBAD, CA 92011-3211
CARLSBAD, CA 92008-8241
CARLSBAD, CA 92008-8101
34
Item 2 Page 72 of 75
TONI MACKENZIE
TOWER 36 BEACH PROPERTIES LLC-3636
TOWER 36 BEACH PROPERTIES LLC-3638
TUTU'S PLACE
TUTU'S PLACE
TWOBIRDSFLY LLC
VACATION IN CARLSBAD -DOLPHIN SUITE
VACATION IN CARLSBAD -LANAI SUITE
VACATION IN CARLSBAD -OHANA SUITE
VACATION IN CARLSBAD -PELICAN SUITE
VACATION IN CARLSBAD -SAND SUITE
VACATION IN CARLSBAD -SANDERLING
VACATION IN CARLSBAD -SANDPIPER
VACATION IN CARLSBAD -SEAGULL
VACATION IN CARLSBAD -SNOWY PLOVER
VACATION IN CARLSBAD -SUN SUITE
VACATION IN CARLSBAD -SURF SUITE
VACATION IN CARLSBAD -WAVE SUITE
VACATION IN CARLSBAD -WIND SUITE
VERONICA DE ANDA
VILLAGE BUNGALOWS
VILLAGE BUNGALOWS 2
VOELKER HOLDINGS LLC
VOELKER REAL ESTATE HOLDINGS GARFIELD LLC
VOELKER REAL ESTATE HOLDINGS HEMLOCK LLC 130
UNITA
VOELKER REAL ESTATE HOLDINGS HEMLOCK LLC 130
UNITB
VOELKER REAL ESTATE HOLDINGS HEMLOCK LLC 130
UNITC
VOELKER REAL ESTATE HOLDINGS HEMLOCK LLC 141
LOWER UNIT
VOELKER REAL ESTATE HOLDINGS HEMLOCK LLC 141
UPPER UNIT
VW VACATION RENTALS-341 )./
VW VACATION RENTALS -355
WEST INN AND SUITES
WILLIAM AND JULIE LASHER-3760 JEFFERSON
WILLIAM AND JULIE LASHER-3762 JEFFERSON
WITHALL STVR
ZIBA
CTBID Management District Plan
July 7, 2022
July 13, 2022
5276 CARLSBAD BLVD
3636 CARLSBAD BLVD
3638 CARLSBAD BLVD
3080 LINCOLN ST
3080 LINCOLN ST
3393 LINCOLN ST
3610 CARLSBAD BLVD
231 OLIVE AVE
231 OLIVE AVE
3610 CARLSBAD BLVD
3495 GARFIELD ST
3810 CARLSBAD BLVD
3810 CARLSBAD BLVD
3810 CARLSBAD BLVD
3810 CARLSBAD BLVD
3495 GARFIELD ST
3495 GARFIELD ST
3495 GARFIELD ST
3495 GARFIELD ST
2435 JEFFERSON ST
3543 GARFIELD ST
271 REDWOOD AVE
217 OLIVE AVE
4110 GARFIELD ST
130 HEMLOCK AVE
130 HEMLOCK AVE
130 HEMLOCK AVE
141 HEMLOCK AVE
141 HEMLOCK AVE
341 OAK AVE
355 OAK AVE
AVENIDA ENCINAS
3760 JEFFERSON ST
3762 JEFFERSON ST
3841 MARGARET WAY
2003 COSTA DEL MAR RD
CARLSBAD, CA 92008-4306
CARLSBAD, CA 92008-8208
CARLSBAD, CA 92008-8208
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-2929
CARLSBAD, CA 92008-3134
CARLSBAD, CA 92008-8208
CARLSBAD, CA 92008-7426
CARLSBAD, CA 92008-7426
CARLSBAD, CA 92008-8208
CARLSBAD, CA 92008-3298
CARLSBAD, CA 92008-4003
CARLSBAD, CA 92008-4003
CARLSBAD, CA 92008-4003
CARLSBAD, CA 92008-4003
CARLSBAD, CA 92008-3298
CARLSBAD, CA 92008-3298
CARLSBAD, CA 92008-3298
CARLSBAD, CA 92008-3298
CARLSBAD, CA 92008-1411
CARLSBAD, CA 92008-3242
CARLSBAD, CA 92008-4054
CARLSBAD, CA 92008-7426
CARLSBAD, CA 92008-7404
CARLSBAD, CA 92008-8230
CARLSBAD, CA 92008-8230
CARLSBAD, CA 92008-8230
CARLSBAD, CA 92008-8262
CARLSBAD, CA 92008
CARLSBAD, CA 92008-2945
CARLSBAD, CA 92008-2945
Carlsbad, CA 92008-4343
CARLSBAD, CA 92008-3335
CARLSBAD, CA 92008-3335
CARLSBAD, CA 92008-3409
CARLSBAD, CA 92009-6814
35
Item 2 Page 73 of 75
DocuSign Envelope ID: 2DF5A548-E043-4700-AE3A-041 5725635C5
RESOLUTION NO. 2022-10
A RESOLUTION OF THE ADVISORY BOARD OF THE CARLSBAD TOURISM
BUSINESS IMPROVEMENT DISTRICT APPROPRIATING ADDITIONAL FUNDS
FOR SPECIAL COUNSEL AND CONSULTANT SERVICES FOR THE
ESTABLISHMENT OF A TBID WITH AN ALTERNATE GOVERNANCE MODEL
AND AUTHORIZATION STRUCTURE AND AUTHORIZING THE ADVISORY
BOARD CHAIR TO EXECUTE ANY CONTRACT OR CONTRACT AMENDMENT
FOR THE NECESSARY CONSULTANT SERVICES, SUBJECT TO THE CONTRACT'S
OR CONTRACT AMENDMENT'S APPROVAL AS TO FORM BY THE GENERAL
COUNSEL
EXHIBIT 3
WHEREAS, the Carlsbad Tourism Business Improvement District (CTBID) Advisory Board is
currently operating under the Parking and Business Improvement Area of 1989 ("89 Act"); and
WHEREAS, the CTBID increased the assessment from $1 per room night to 2% of gross room
revenues in November 2020, creating a larger budget to market Carlsbad as a destination; and
WHEREAS, a more sophisticated governance model and authorization structure would drive
greater efficiency and stability of operations; and
WHEREAS, the Property and Business Improvement District Law of 1994 ("94 Act") would
allow for a TBID to be established that would consolidate decision-making authority by eliminating
the two-board structure and creating a single non-profit entity that can administer both the advisory
services and marketing services; and
WHEREAS, the consolidation of these functions into one organization could allow for more
concise planning and greater efficiency; and
WHEREAS, to pursue the establishment of a TBID with an alternate governance model and
authorization structure, there is a continued need for services from special counsel and a consultant
with expertise in the establishment of TB IDs with such alternate governance model and authorization
structure.
NOW, THEREFORE, BE IT RESOLVED by the Advisory Board of the Carlsbad Tourism Business
Improvement District as follows:
1. The above recitations are true and correct.
2. The CTBID Advisory Board appropriates an additional $25,000 from reserve funds for
special counsel and consultant services to pursue the establishment of a TBID with an
alternate governance model and authorization structure.
DocuSign Envelope ID: 2DF5A548-E043-4700-AE3A-0415725635C5
3. The CTBID Advisory Board authorizes the Chair to execute any contract or contract
amendment for the needed consultant services, subject to the contract's or contract
amendment's approval as to form by the general counsel.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Advisory Board of the Carlsbad
Tourism Business Improvement District on the 13th day of July 2022, by the following vote, to wit:
AYES: Becerra, Canepa, Chapin, Rauch, Stripe, Zupanski
NAYS: None
ABSENT:None
ABSTAIN: None
TIM STRIPE, Chair
+j)vC
~FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
GOVERNANCE UPDATE
Recommendation: Receive a report regarding a potential alternate governance structure
including a proposed Management District Plan for the Carlsbad Tourism Business
Improvement District, discuss and provide recommendations.
Adopt a resolution approving the proposed Management District Plan
Adopt a resolution appropriating an additional $25,000 from reserve funds for special
counsel and consultant services to pursue the establishment of an alternate governance
structure Item 2
Carlsbad
Tourism Business Improvement District Conversion
July 13, 2022
Agenda
•History of Carlsbad Tourism
BID and Golf BID
•89 Law vs 94 Law
•Future Carlsbad TBIDs
•Conversion Process & Timeline
•Questions & Approval
Carlsbad Tourism BID Background
•Tourism BID initially formed in 2006
•Pursuant to the Parking and Business Improvement Area Law of
1989 (The ‘89 Law)
•Requires annual approval by City Council to levy assessment
•Oversight by a (7) member Advisory Board of the City; Dedicated
seats from the (3) largest hotel operators; Appointed by Mayor
•Original assessment rate of $1.00 per night; Increased to 2% of room
rental revenue in 2020
Carlsbad Golf BID Background
•Golf BID initially formed in 2012
•Pursuant to the Parking and Business Improvement Area Law
of 1989 (The ‘89 Law)
•Requires annual approval by City Council to levy assessment
•Oversight by a (5) member Advisory Board of the City;
Appointed by the Mayor
•Assessment rate of $1.00 per night; Assessment is Voluntary
‘89 Law TBIDs vs ‘94 Law TBIDs
Subject ‘89 Law ‘94 Law
District Term Formed and renewed for a 1-year term Formed for up to 5-year term, can be renewed for
up to 10 years
Initiation Process City Council adopts Resolution of
Intention (no petition required)
Petition signed by businesses which will pay at least
50% of proposed assessment submitted to the City
Formation / Renewal
Process
Publication in newspaper, two City
Council meetings
Preparation of management district plan, petition
drive, three City Council meetings
Governing Body Advisory board appointed by Mayor and
approved by the City Council
A nonprofit corporation selected and organized by
stakeholders
Governance Process Decisions made by advisory board and
corporation with City oversight
Decisions made by non-profit corporation, guided by
management district plan
Challenge Period One 30-day challenge period per year One 30-day challenge period per 5-10 year term
(new challenge period if modified)
Recent ‘89 to ‘94 Conversions:
Destination Year Converted
Huntington Beach 2014
Lodi 2015
Richmond 2015
Carmel-by-the-Sea 2016
Palm Springs 2016
Yolo County 2017
Pasadena 2018
Monterey 2018
Dana Point
Laguna Beach
2019
2020
Morro Bay
Santa Clara
2021
2021
Carlsbad
Management District Plan Overview
District Parameters within Management District Plan (MDP)
1.Boundaries
2.Term
3.Assessment Rate
4.Budget & Services
5.Governance
District Parameters: Boundaries & Term
Boundaries –Same for Both MDPs
Definition:All lodging businesses,existing and in the future,
available for public occupancy located within the boundaries
of the City of Carlsbad
Term –Same for both MPDs
•94 law allows 5 years on the onset; up to 10 years upon
renewal
•94 District would start collections January 1, 2023
District Parameters: Assessment Rate
Tourism BID
The annual assessment rate is two percent (2%)of gross short-term room rentalrevenue.
Tourism BID with Golf:
The annual assessment rate is two percent (2%)of gross short-term room rentalrevenue.
Lodging businesses may voluntarily elect to pay an additional 0.75%assessment.Thefundsraisedthroughthisadditionallodgingbusinessassessmentshallbeusedtopromotegolf-related programs and activities,thereby increasing demand for roomnightsalesforthoselodgingbusinessesthatopt-in to paying the additional voluntaryassessment.
District Parameters: Budget & Services
Tourism BID Tourism BID with Golf
District Parameters: Budget & Services
Tourism BID with Golf –Additional Services included for golf-related programs and activities:
For lodging businesses that voluntarily elect to pay the additional 0.75%assessment,golf-related services mayinclude,but are not limited to:
•Golf signage,and such equipment related specifically to the promotion of golf
•Joint marketing related to the promotion of assessed lodging businesses paying the voluntary additionalassessmentandgolfcoursesincludedwithintheCTBID;
•Marketing promotion such as radio,TV,or print advertising the assessed businesses paying the voluntary additionalassessmentandgolfcoursesincludedwithinorneartheCTBID;
•Online/internet promotions jointly advertising assessed lodging businesses paying the voluntary additionalassessmentandgolfcoursesincludedwithintheCTBIDtoincreasedemandforovernightvisitation
•Marketing and sales staff on time spent on joint marketing efforts to increase demand for overnight visitation
•Other programs and activities that promote golf-related tourism and confer a specific benefit to the lodgingbusinessesthatarepayingthevoluntaryadditionalassessment.
A policy relating to the expenditure of monies raised from the additional .75%assessment shall be developed by the VCBoard.
Discussion around District Parameters: Governance
Both MDPs:Carlsbad Convention and Visitors Bureau,dba Visit Carlsbad,willserveastheOwners’Association for the CTBID.The VC Board of Directors shall
have seven to nine directors,comprised solely of the owners or representatives ofassessedlodgingbusinesses.A minimum of three Directors shall be
representatives from the top three CTBID assessment payors (a single payor mayrepresentmultiplepropertieswithintheCTBIDthathavecommonownership),determined by the assessments paid during the previous fiscal year.
Tourism BID with Golf –Added language
The CTBID may form a committee,comprised of those lodging businesses that
voluntarily elect to pay the additional 0.75%assessment,to oversee the golf-related programs &services assessment budget.
Conversion Process & Timeline
Apr2022 May 2022 Jun 2022 Jul 2022 Aug 2022 Sep 2022 Oct 2022 Nov 2022 Dec 2022 Jan 2023
Initiation
Outreach & Consensus Bldg
Document Prep
Petition Drive
Hearing Process ROI Public Meeting Final Hearing
Modify ‘89 District
‘94 District Begins
Operation Jan 1, 2023
Questions?!