CITY OF CARMEL-BY-THE-SEA

AGENDA BILL

AB 1070
December 1, 2015
Consent Calendar

TO:

Honorable Mayor and Members of the City Council

Mike Calhoun, Interim City Administrator

FROM:

Sharon Friedrichsen, Director of Budget and Contracts

SUBJECT:

Public Meeting on Establishing the Carmel Hospitality Improvement District; Adoption

of Resolution Declaring City Intention to Disestablish the Carmel Hospitality
Improvement District and First Reading of an Ordinance Disestablishing the
Carmel Hospitality Improvement District

AMOUNT OF EXPENDITURE

$ N/A

AMOUNT BUDGETED

$ N/A

APPROPRIATION REQUIRED

$ N/A

RECOMMENDATION
1. Hold a public meeting on the establishment of the Carmel Hospitality Improvement District.
2 . Adopt a Resolution Declaring the City's Intention to Disestablish the Carmel Hospitality Improvement
District.
3. Introduce the first reading of an Ordinance Disestablishing the Carmel Hospitality Improvement
District.
SUMMARY
On November 2, 2015, the Council adopted a Resolution declaring the City's intention to establish the
Carmel Hospitality Improvement (CHID) , which will be formed under the Property and Business
Improvement District Law of 1994. This action initiated a sequence of procedural requirements
necessary to move forward in forming the new District. One such requirement is to hold a public
meeting to hear testimony on establishing the CHID and levying assessments, with a public hearing on
this topic also scheduled for January 5, 2016. Under the 1994 Act CHID, lodging establishments would
be assessed 1% of gross short-term (stays less than 31 days) room rental revenue to be used for sales
promotion and marketing programs to market assessed lodging businesses in Carmel as tourist,
meeting and event destinations.
As a parallel process to the formation of the 1994 Act CHID, actions will also need to occur to
disestablish the existing hospitality improvement district, which was created in 2012 under the Parking
and Business Improvement Area Law of 1989. It is recommended that Council adopt the resolution of
intention to disestablish the 1989 Act Carmel-by-the-Sea Hospitality Improvement District and hold the
first reading of an ordinance disestablishing the District. Pending the outcome of the protest hearing on

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January 5, 2016, the current, or 1989 Act, District would cease to exist on February 29, 2016 and the
new, or 1994 Act, CHID would become effective on March 1, 2016.
Timeline of Process:
November 3:
December 1:
December 1:
December 1:
January 5:
January 5:
February 29:
March 1:

Council adopts resolution of intention to form new CHID

Council holds new CHID public meeting
Council adopts resolution of intent to disestablished old CHID
Council conducts first reading of disestablishment ordinance
Council holds public hearing on new CHID; If no majority protest at the close of
public hearing Council adopts new CHID resolution of formation
Council conducts second reading of disestablishment ordinance
Old CHID ceases to exist
New CHID is effective

PRIOR CITY COUNCIL ACTION

Council approved Resolution 2015-096 Declaring the City's Intention to Establish the Carmel Hospitality
Improvement District on November 2, 2015.
ATTACHMENTS
1. Resolution Declaring City's Intention to Disestablish the Carmel Hospitality Improvement District
2. Ordinance Disestablishing the Carmel Hospitality Improvement District {First Reading)

APPil LtL--

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Date: __
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Mike Calhoun, Interim City Administrator

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180

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2015A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA DECLARING ITS INTENTION TO
DISESTABLISH THE CARMEL HOSPITALITY IMPROVEMENT DISTRICT

WHEREAS , on August 7, 2012, the City Council adopted Ordinance 2012-05

establishing the Carmel Hospitality Improvement District (herein called "District"); and
WHEREAS , the Parking and Business Improvement Area Law of 1989 (herein
called "89 Law") , Streets and Highways Code 36500 et seq., allows the City Council to
disestablish the District; and
WHEREAS , the Council now intends to disestablish the District.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA DOES ORDAIN AS FOLLOWS:
1. The recitals set forth herein are true and correct.
2. The City Council declares its intention to disestablish the Carmel Hospitality
Improvement District.
3. The time and place for a public hearing on the disestablishment of the District
is set for January 5, 2016 at 4:30p.m. or as soon thereafter as the matter may be
heard at the Council Chambers located at City Hall on the Eastside of Monte
Verde between Ocean and Seventh Avenues, Carmel-by-the-Sea , CA, 93921.
4. The City Council intends to disestablish the District concurrently with forming a
new hospitality improvement district under the Property and Business
Improvement District Law of 1994, Streets and Highways Code 36600 et seq.
The proposed new district will contain the same businesses, therefore the City
Council proposes transferring any remaining revenue to the new district, to be
used for marketing and promotions efforts that benefit those businesses which
paid the assessment.
5. The City Clerk is directed to provide notice of the public hearing in accordance
with Streets and Highways Code 36523.
6. This resolution shall take effective immediately upon its adoption by City
Council.

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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 1st day of December 2015 by the following roll call vote :

AYES:

COUNCIL MEMBERS:

NOES:

COUNCIL MEMBERS:

ABSENT:

COUNCIL MEMBERS:

JASON BURNETT, MAYOR

ATTEST:

City Clerk

182

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2015AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA DISESTABLISHING THE CARMEL HOSPITALITY
IMPROVEMENT DISTRICT
WHEREAS , on August 7, 2012, the City Council adopted Ordinance 2012-05
establishing the Carmel Hospitality Improvement District; and
WHEREAS , the Parking and Business Improvement Area Law of 1989, Streets
and Highways Code 36500 et seq ., allows the City Council to disestablish the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
DOES ORDAIN AS FOLLOWS:
SECTION 1. AUTHORITY.
This ordinance is adopted pursuant to the "Parking and Business Improvement
Area Law of 1989", Streets and Highways Code 36500 et seq. and Resolution 2015-_
adopted by the City Council on December 1, 2015 entitled a "Resolution of the City
Council of the City of Carmel-by-the-Sea Declaring its Intention to Disestablish the
Carmel Hospitality Improvement District." Such resolution was published and mailed as
provided by law and a public hearing was held by the City Council at is regular meeting
on January 5, 2016, at which time all persons desiring to be heard and all objections
made or filed were fully heard. The City Council duly concluded the hearing on January
5, 2016.
SECTION II. AREA ESTABLISHED.
The City Council finds and determines that the public convenience and necessity
require disestablishment of the Carmel Hospitality Improvement District for reasons
given in the Resolution of Intention.
Pursuant to 36550 of the Parking and Business Improvement Law of 1989, the
Carmel Hospitality Improvement District is hereby disestablished.
SECTION Ill. EFFECTIVE DATE.
This Ordinance shall take effect on February 29, 2016.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 1srday of December 2015 by the following roll call vote:

183

AYES :

COUNCIL MEMBERS:

NOES:

COUNCIL MEMBERS:

ABSENT:

COUNCIL MEMBERS:

JASON BURNETT, MAYOR

ATTEST:

City Clerk

184