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HomeMy WebLinkAbout95-44 - Establish a Business Improvement Area, Hotels and MotelsRESOLUTION NO. 75- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ON THE INTENTION TO ESTABLISH A BUSINESS IMPROVEMENT AREA FOR CITY OF COSTA MESA HOTELS AND MOTELS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa hereby finds and declares as follows: WHEREAS, the California Legislature, in adopting the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code Section 36500 et seq.) found that cities are authorized to levy assessments on businesses in order to promote economic revitalization and tourism, create jobs, attract new businesses and prevent erosion of business districts; and WHEREAS, the California Legislature found that cities are authorized to levy assessments on businesses which benefit from those improvements and activities; and WHEREAS, the purpose of the business improvement area proposed by this resolution of intention is to fund activities to promote tourism and related tourist events which benefit the hotel and motel businesses within the City of Costa Mesa; and WHEREAS, the major hotel and motel businesses within the City of Costa Mesa have requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish a hotel and motel business benefit area within the City of Costa Mesa and levy a special assessment to promote tourism; and WHEREAS, this resolution of intention will commence proceedings under the Parking and Business Improvement Area Law of 1989. SECTION 2. The City Council of the City of Costa Mesa hereby intends to do the following: (a) A business improvement area is proposed to be established pursuant to Streets and Highways Code Section 36500 et seq. with the boundaries of the territory to be included in the area as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. Further, a business improvement area is proposed to be established with the boundaries of the benefit zone within the area as set forth in Exhibit "A". (b) A business improvement area is proposed to be established with the following name: "Costa Mesa Tourism and Promotion Council". (c) The type or types of improvements and activities proposed to be funded by the levy of assessments on businesses within the business improvement area are specified in Exhibit "B", attached hereto and incorporated herein by this reference. Further, the improvements, if any, to be acquired for the proposed business improvement area are specified in Exhibit "B". (d) The proposed assessment will be levied annually to pay for all improvements and activities within the business improvement area, except where funds are otherwise available. (e) The proposed method and basis of levying the assessment to allow each business owner to estimate the amount of the assessment to be levied against his or her business is set forth in Exhibit "B". (f) New hotel and motel businesses commenced after the effective date of the ordinance levying the assessment will be exempt from the levy of assessment as provided in Exhibit "B", pursuant to Streets and Highways Code Section 36531. (g) The time and place for the public hearing on the establishment of the business improvement area and the levy of the assessment shall be at 6:30 p.m., June 19, 1995, at the Costa Mesa City Hall, City Council Chambers, 77 Fair Drive, Costa Mesa, California. (h) At the public hearing set forth above, the testimony of all interested persons for or against the establishment of the business improvement area, the extent of the area, or the furnishing of specific types of improvements or activities, will be heard by the City Council. 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. (i) 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. 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. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing set forth above. 0) 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. (k) 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 to create the proposed business improvement area or to levy the proposed 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. If a majority protest is only against the furnishing of a specified type or types of improvement or activity within the business improvement area, those types of improvements or activities shall be eliminated by the City Council. SECTION 3. The City Council of the City of Costa Mesa does hereby appoint the following persons to an advisory board to make recommendations to the City Council on the provisions of the resolution of intention and such report shall be considered at the public hearing set forth above: (a) Wayne Bodington, General Manager, Westin South Coast Plaza Hotel; (b) Emmett Steed, General Manager, Red Lion Inn; (c) John Peiser, General Manager, Holiday Inn; (d) Russell J. Archuleta, General Manager, Wyndham Gardens; (e) Saltinder R. Palta, General Manager, Marriott Suites; (f) Kandee Chavez, General Manager, Residence Inn; and (g) Charles Knowlton, General Manager, Countryside Inn. 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 5th day of June, 1995. ATTEST: Deputy CoClerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) f Ma# of the City of Costa Mesa AP 0 AS TO FORM CITY A RNEY 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. 95- 4. was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 5th day of June, 1995, by the following roll call vote: AYES: ERir-k5DA) uFFA� aR,tJ3uc��c) G�nJI'S ) MptiAt4A} J NOES: / j O fie ABSENT: A) 0 A) 5 - IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 6th day of June, 1995. Deputy Ci Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" The BID benefit zone encompasses the entire City of Costa Mesa boundaries. It is anticipated that the entire City including businesses and residents will benefit from increased revenues generated by the activities of the BID. The following businesses will be included in the business improvement area established pursuant to Streets and Highways Code Section 36500 et. seq., the businesses commonly known as: 2. 1. COUNTRYSIDE INN & SUITES ADDRESS: 325 & 345 Bristol Street BUSINESS OWNER: Bruce Ayers 1817 Westminster -Avenue Newport Beach CA 92660 Donald Ayers, Jr. 506 Via Lido Nord Newport Beach CA 92658 PROPERTY OWNER: Homes By Ayers 355 Bristol Street, Suite A Costa Mesa CA 92626 DATE CONSTRUCTED: 1986 & 1988 NUMBER OF UNITS: 180 & 111 RESIDENCE INN - COSTA MESA ADDRESS: 881 Baker Street BUSINESS OWNER: Residence Inn by Marriott 1 Marriott Way Washington DC 02258 PROPERTY OWNER: Marriott Residence Inn Ltd. Partnership 10400 Fernwood Road Bethesda MD 20817 DATE CONSTRUCTED: 1986 NUMBER OF UNITS: 144 3. RED LION INN ADDRESS: 3050 Bristol Street BUSINESS OWNER: Raymond H. Bingham 4001 Main Street Vancouver WA 98663 PROPERTY OWNER: Red Lion Inn - Costa Mesa PO Box 1027 Vancouver WA 98666 DATE CONSTRUCTED: 1987 NUMBER OF UNITS: 490 4. HOLIDAY INN ADDRESS: 3131 Bristol Street BUSINESS OWNER: Linquist & Craig Hotels No Address Provided PROPERTY OWNER: Abbot B. Lipsky c/o California Inn Management, Inc. PO Box 688 Lawrence KS 66044 DATE CONSTRUCTED: 1973; 1986 NUMBER OF UNITS: 234 5. WESTIN SOUTH COAST PLAZA HOTEL ADDRESS: 668 Anton Boulevard BUSINESS OWNER: South Coast Westin No Address Provided PROPERTY OWNER: Secon Properties c/o South Coast Plaza Hotel 668 Anton Boulevard Costa Mesa CA 92626 DATE CONSTRUCTED: 1975 NUMBER OF UNITS: 403 6. WYNDHAM GARDEN HOTEL ADDRESS: 3350 Avenue of the Arts BUSINESS OWNER: Amgreen Heritage Hotel Partners Ltd. 31200 Via Colimas, Suite 202 Westlake Village CA 91362 PROPERTY OWNER: SAA DATE CONSTRUCTED: 1987 NUMBER OF UNITS: 237 7. MARRIOTT SUITES ADDRESS: 500 Anton Boulevard BUSINESS OWNER: J. W. Marriott, Jr. No Address Provided PROPERTY OWNER: Marriott Suites, Ltd. 1 Marriott Way Washington DC 20058 DATE CONSTRUCTED: 1989 NUMBER OF UNITS: 255 EXHIBIT B The BID assessment will be used to establish: 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. • • t. 1111 Expenditures Media Campaign — Creative Placement 125,000 Video Production and Distribution 30,000 Media Relations and Familiarization Trips 15,000 Brochures and Collateral Material 75,000 Trade Shows Booth Representation 20,000 Administrative and General Expenses 10,000 Total Expense $275,000 Revenue 1% levy on Hotel/Motel overnight room stay in the Hotels/Motels listed in Exhibit "A" Total Revenue $275,000 Note: New Hotel/Motel businesses commenced after the effective date will be exempt from the levy of assessement.