HomeMy WebLinkAbout99-81 - Declaring the intent to increase annual BIA118
RESOLUTION NO. 99-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, DECLARING THE INTENT
TO INCREASE THE ANNUAL BUSINESS IMPROVEMENT
AREA ASSESSMENT LEVIED ON THE CITY'S SEVEN
LARGEST HOTELS AND MOTELS AND SETTING THE
TIME AND PLACE OF A PUBLIC HEARING ON THE
PROPOSAL.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the California Legislature in adopting the Parking and Business
Improvement Area Law of 1989 (Streets & Highway Code Section 36500 et. seq.)
authorized cities to levy assessments on businesses in order to promote economic
revitalization and tourism, to create jobs, attract new businesses and prevent
erosion of business districts; and
WHEREAS, on July 5, 1995, by Ordinance No. 95-9, the City Council
adopted a business improvements area, commonly known as the Costa Mesa
Tourism & Promotion Council business improvement area, the purpose of which is
to fund programs to promote tourism to the City; and
WHEREAS, the City Council has voted to continue the special assessment
each year since its inception, including the adoption in July 6, 1999, of Resolution
No. 99-47, authorizing the assessment for fiscal year 1999-2000; and
WHEREAS, the major hotel and motel businesses within the City of Costa
Mesa have since requested that the City Council commence proceedings under the
Parking and Business Improvement Area Law of 1989 to increase the business
improvement area assessment to raise additional funds; and
WHEREAS, the hotels have requested that the City Council increase the
assessment from one percent (1 %) to two percent (2%), which is based on the
sale of overnight guest room stays; and
WHEREAS, the additional funds raised are to be used to enhance the
programs and activities of the Costa Mesa Tourism & Promotion Council,
including the hiring of additional staff to promote Costa Mesa as a tourist
destination; and
WHEREAS, this Resolution of intention will commence proceedings under
the Parking and Business Improvement Area Law of 1989 (Streets & Highways
Code Section 36541) to increase the annual business improvement area
assessment for the Costa Mesa Tourism & Promotion Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Costa Mesa as follows:
Section 1. Increase in Assessment. The City Council hereby intends to
increase the annual assessment on the business improvement area known as the
Costa Mesa Tourism & Promotion Council from one percent (1 %) to two percent
(2%). The hotels that will be subject to the assessment are listed in Exhibit "A",
attached hereto and incorporated herein by this reference. This special
assessment shall be assessed against the seven hotels and motels listed in Exhibit
"A", and is based on sale of overnight room stays. New hotel and motel
businesses commenced after the effective date of the levy of the assessment will
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be exempt from the levy of assessment, pursuant to Streets & Highways Code
Section 36531 and Section 36535.
Section 2. Time and Place of Public Hearing. The time and place of the
public hearing on the proposed increase in the business improvement area
assessment shall be at 6:30 p.m., January 3, 2000, at the Costa Mesa City Hall,
City Council Chambers, 77 Fair Drive, Costa Mesa, California. At the public
hearing, the testimony of all interested persons for or against the proposed
increase will be heard by the City Council.
Section 3. Protests. The following rules shall apply to all protests:
(a) A protest may be made orally or in writing by any interested person.
Any protest pertaining to the regularity or sufficiency of the proceedings
shall be in writing and shall clearly set forth the irregularity or defect to
which the objection is made.
(b) Every written protest shall be filed with the City Clerk's office, Costa
Mesa City Hall, Room 101, 77 Fair Drive, Post Office Box 1200, Costa
Mesa, California 92628-1200, at or before the time fixed for the public
hearing as set forth above.
(c) The City Council may waive any irregularity in the form or content of any
written protest, and at the public hearing, may correct minor defects in
the proceedings.
(d) A written protest may be withdrawn in writing at any time before the
conclusion of the public hearing set forth above.
(e) 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 of Costa Mesa 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. A written protest which does
not comply with this paragraph shall not be counted in determining a
majority protest.
If written protests are received from the owners of businesses in the
proposed business improvement area which will pay fifty percent (50%) or
more of the assessments to be levied and protests are not withdrawn so as
to reduce the protests to less than the fifty percent (50%), no further
proceedings on the proposal to modify the business improvement area
assessment, as specified by this resolution of intention, shall be taken by
the City Council for a period of one year from the date of the filing of a
majority protest.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Costa Mesa, California, does hereby adopt this Resolution of Intention as set forth
herein and Exhibits "A" and "B" attached hereto and incorporated by this
reference.
PASSED AND ADOPTED this 6th day of December, 1999.
Mayor of th City of Costa Mesa
ATTEST:
Deputy Cit Clerk of the City of Costa Mesa
STATE OF CALIFORNIA)
COUNTY OF ORANGE ► ss
CITY OF COSTA MESA)
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and foregoing
Resolution No. 99-81 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 6th day of December, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 7th day of December, 1999.
Deputy Ci Clerk and ex -officio Clerk of
the City C ncil of the City of Costa Mesa
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EXHIBIT A
The BIA benefit zone encompasses the entire City of Costa Mesa. It is
anticipated that both businesses and residents will benefit from the increased
revenues generated by the activities financed by the BIA.
The following businesses will be -included in the business improvement area
that is established pursuant to the Streets and Highways Code Section
36500 et. seq., the businesses commonly known as:
1. Country Inn and Suites by Ayres
Property Address: 325 and 345 Bristol Street, Costa Mesa
Business Owners: Bruce Ayres
1817 Westminster Avenue
Newport Beach, CA 92660
Donald Ayres Jr.
506 Vio Lido Nord
Newport Beach, CA 92658
Property Owner: Homes by Ayres
355 Bristol Street, Suite A
Costa Mesa, CA 92626
2. Doubletree Hotel
Property Address: 3050 Bristol Street, Costa Mesa
Business Owner: Hotel Corporation
755 Crossover Lane
Memphis, Tennessee 38117
3. Holiday Inn
Property Address: 3131 Bristol Street, Costa Mesa
Property Owner: Abbot B. Lipsky
c/o California Inn Management, Inc.
P.O. Box 688
Lawrence, Kansas 66044
Exhibit "A"
Resolution No. 99-81
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4. Marriott Suites
Property Address:
Business Owner:
Property Owner:
500 Anton Boulevard
Host Marriott
Host Marriott
1 Marriott Way
Washington, DC 20058
5. Residence Inn - Costa Mesa
Property Address: 881 Baker Street, Costa Mesa
Business Owner: Residence Inn by Marriott
1 Marriott Way
Washington, DC 02258
Property Owner: Marriott Residence Inn Ltd., Partnership
10400 Fernwood Road
Bethseda, Maryland 20817
6. Westin South Coast Plaza
Property Address: 686 Anton Boulevard, Costa Mesa
Business Owner: South Coast Westin
Property Owner: Secon Properties
3315 Fairview Rd.
Costa Mesa, California 92626
7. Wyndham Garden Hotel
Property Address: 3350 Avenue of the Arts
Business Owner: Amgreen Heritage Hotel Partners Ltd.
4500 Thousand Oaks Blvd.
Suite 103
Westlake Village, California 91362
Exhibit "A"
Resolution No. 99-81
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EXHIBIT B
The BIA assessment will be used to fund the: The Costa Mesa Tourism and
Promotion Council (CMTPC). The CMTPC will actively fund activities to promote
tourism and related tourist events which benefit the hotel and motel businesses
within the. City of Costa Mesa.
Revenue
2% on Hotel/Motel overnight room stay in the Hotels/Motels listed in Exhibit "A"
Note: New Hotel/Motel businesses commenced after the effective date will be
exempt from the levy of assessment.
Exhibit "B"
Resolution No. 99-81
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