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Home My WebLink About14-72 - Setting Public Hearing on Proposal for Including an Additional Hotel1 RESOLUTION NO. 14-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO MODIFY THE BUSINESS IMPROVEMENT AREA COVERING CERTAIN COSTA MESA HOTELS AND MOTELS AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON PROPOSAL FOR THE PURPOSE OF INCLUDING AN ADDITIONAL HOTEL THAT WOULD BE SUBJECT TO SUCH ASSESSMENT. 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 & Highways Code § 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 improvement area, commonly known as the Costa Mesa Tourism & Promotion Business Improvement Area (the "BIA"), the purpose of which is to promote tourism to the City and to fund programs and activities that benefit the hotel and motel businesses within the City of Costa Mesa; and WHEREAS, the City Council appointed the general managers of the hotels and motels subject to the assessment area, to serve as the advisory board as required by California Streets and Highways Code Section 36530; and WHEREAS, said advisory board is known as the Costa Mesa Conference and Visitor Bureau (the "CMCVB"); and Resolution No. 14-72 Page 1 of 10 F� L WHEREAS, the BLVD Hotel, located at 2430 Newport Blvd., Costa Mesa, CA 92627, has expressed a desire to also be included with the BIA and subject to the BIA Assessment; and WHEREAS, the Advisory Board for the BIA has recommended that the BLVD Hotel be included with the BIA and subject to the BIA Assessment; and WHEREAS, this Resolution of Intention will commence proceedings under the Parking and Business Improvement Area Law of 1989 (Streets & Highways Code § 36500 et seq.) to modify the businesses subject to Costa Mesa Tourism & Promotion Council Business Improvement Area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows: Section 1. Modification. It is proposed that the boundaries of the area and the basis and method of levying the assessments of the BIA be modified such that the assessment for the Costa Mesa Tourism & Promotion Council Business Improvement Area, levied pursuant to Streets & Highways Code § 36500 et seq., be levied upon the businesses listed in Exhibit A, attached hereto and incorporated herein by this reference. Section 2. Assessment. The proposed amount of the assessment to be levied against the additional businesses listed in Exhibit A is three percent (3%). The three percent (3%) assessment is based on the sale of overnight room stays. New hotel and motel businesses commenced after the effective date of the ordinance levying the assessment will be exempt from the levy of assessment, pursuant to Streets & Highways Code § 36531 and § 36535. Resolution No. 14-72 Page 2 of 10 Section 3. Types of Activities To Be Funded. The proposed type or types of activities to be funded by and through the levy of assessments on the additional businesses, as discussed above, are specified in the Annual Report for the Costa Mesa Tourism & Promotion Council Business Improvement Area, which is on file with the City Clerk's office, and Exhibit B, attached hereto and incorporated by this reference. Section 4. Method and Basis of Levy. 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 the Annual Report for the Costa Mesa Tourism & Promotion Council Business Improvement Area, which is on file with the City Clerk's office. Section 5. Unchanged. The assessment for the Costa Mesa Tourism & Promotion Council Business Improvement Area remains otherwise unchanged. Section 6. Time and Place of Public Meeting. The time and place of the public meeting on the proposed modification conducted pursuant to Government Code Section 54954.6, as discussed above, to the business improvement area shall be at 7 p.m., January 6, 2015, at the Costa Mesa City Hall, City Council Chamber, 77 Fair Drive, Costa Mesa, California. Section 7. Time and Place of Public Hearing. The time and place of the public hearing on the proposed modification conducted pursuant to Streets & Highways Code Section 36541 and Government Code Section 54954.6, as discussed above, shall be at 7 p.m., January 20, 2015, at the Costa Mesa City Hall, City Council Chambers, 77 Fair Drive, Costa Mesa, California. At the public hearing set forth above, the protests of all interested persons for or against the proposed modification set forth above, levy of Resolution No. 14-72 Page 3 of 10 assessment for 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. Section 8. 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 92626-1200, 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) 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 continue 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. 1 Resolution No. 14-72 Page 4 of 10 1 Section 9. Membership on Advisory Board. The City Council intends to appoint the general manager of each hotel or motel business listed in Exhibit A to membership on the advisory board pursuant to California Streets and Highways Code Section 36530. Section 10. Contact for Additional Information. Those desiring further information about the assessment may contact Dan Baker at 714-754-5156. PASSED, APPROVED, AND ADOPTED this 18th day of November, 2014. ATTEST: APPROVED AS TO FORM: Brenda=Green City Clerk Th4 omasfibrtd',City Attorney Resolution No. 14-72 Page 5 of 10 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 14-72 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of November, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Genis, Leece, Monahan, Mensinger, Righeimer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 18th day of November, 2014. Brenda -Green, Ci Clerk (SEAL) 1 Resolution No. 14-72 Page 6 of 10 EXHIBIT A The Business Improvement Area ("BIA") 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 financed by the BIA assessment. The following businesses will be included in the BIA that is established pursuant to Streets & Highways Code § 36500 et seq., the businesses commonly known as: Ayres Country Inn & Suites Property Address: 325 and 345 Bristol Street, Costa Mesa Business Owner: Newport Country Inn & Suites, Inc. 355 Bristol Street, Suite A Costa Mesa, CA 92626 Property Owner: Newport Country Inn & Suites, Inc. 355 Bristol Street, Suite A Costa Mesa, CA 92626 Best Western Plus Newport Mesa Inn Property Address: 2642 Newport Boulevard, Costa Mesa Business Owner: James Hsuen Shang -Pu Lee 2642 Newport Boulevard, Costa Mesa, CA 92627 Property Owner: James Hsuen Shang -Pu Lee 2642 Newport Boulevard, Costa Mesa, CA 92627 BLVD Hotel Property Address: 2430 Newport Blvd., Costa Mesa, CA 92627 Business Owner: Property Owner: Shayamal Patel 2450 Newport Ave Costa Mesa, CA 92627 Shayamal Patel 2450 Newport Ave Costa Mesa, CA 92627 Resolution No. 14-72 Page 7 of 10 1 Hilton Costa Mesa Property Address: 3050 Bristol Street, Costa Mesa Business Owner: Ashford Hospitality Trust 14185 Dallas Parkway, Suite 1100 Dallas, TX 75254 Property Owner: Remington Lodging & Hospitality LP 14185 Dallas Parkway, Suite 1100 Dallas, Texas 75254 Crowne Plaza Property Address: 3131 Bristol Street, Costa Mesa Business Owner: Brighton Management 1901 Main Street, Suite 150 Irvine, CA 92614 Property Owner: 3131 Bristol Property UC, LLC 2711 Centerville Road, Suite 400 Wilmington, DE 19808 Holiday Inn Express Hotel & Suites Property Address: 2070 Newport Blvd., Costa Mesa Business Owner: Narendra B. Patel 2070 Newport Blvd. Costa Mesa, CA 92627 Property Owner: Narendra B. Patel 2070 Newport Blvd. Costa Mesa, CA 92627 Resolution No. 14-72 Page 8 of 10 1 Costa Mesa Marriott Property Address: 500 Anton Boulevard, Costa Mesa Business Owner: Marriott International 10400 Fernwood Rd. Bethesda, MD 20817 Property Owner: Host Hotels & Resorts 6903 Rockledge Dr., Suite 1500 Bethesda, MD 20817- Ramada 0817 Ramada Inn & Suites Costa Mesa Property Address: 1680 Superior Ave., Costa Mesa Business Owner: B.D. Inns Inc./Ramada Ltd. 1680 Superior Ave. Costa Mesa, CA 92627 Property Owner: B.D. Inns Inc./Ramada Ltd. 1680 Superior Ave. Costa Mesa, CA 92627 Residence Inn by Marriott Property Address: 881 Baker Street, Costa Mesa Business Owner: Marriott International 10400 Fernwood Rd. Bethesda, MD 20817 Property Owner: ING Clarion Partners 2650 Cedar Springs Road, Suite 850 Dallas, TX 75201-1491 Resolution No. 14-72 Page 9 of 10 1 1 1 The Westin South Coast Plaza Hotel Property Address: 686 Anton Boulevard, Costa Mesa Business Owner: Host Hotels & Resorts 6903 Rockledge Dr., Suite 1500 Bethesda, JD 20817 Property Owner: CJ Segerstrom & Sons c/o South Coast Plaza 686 Anton Boulevard Costa Mesa, CA 92626 Avenue of the Arts Wyndham Hotel Property Address: 3350 Avenue of the Arts, Costa Mesa Business Owner: Rosanna Inc. 3350 Avenue of the Arts Costa Mesa, CA 92627 Property Owner: Rosanna Inc. 3350 Avenue of the Arts Costa Mesa, CA 92627 EXHIBIT B The BIA assessment will be used to fund the Costa Mesa Conference & Visitor Bureau (CVB). The CVB will fund activities to promote tourism in Costa Mesa and will sponsor related tourist events that benefit the hotel and motel businesses within the City. The specific improvements and activities to be funded by this assessment are outlined in the CMCVB's 2013-2014 Annual Report. Revenue A three percent (3%) levy will be assessed against each of the 11 hotels listed in Exhibit A, based on the net revenue from the sale of overnight room stays. Business owners shall pay the assessment to the Costa Mesa City Finance Department on a monthly basis. A penalty and interest shall be'assessed on late payments. Note: New hotel and motel businesses commenced after the effective date of this resolution will be exempt from the levy of assessment. Resolution No. 14-72 Page 10 of 10