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HomeMy WebLinkAbout03-29 - Levy an Annual Assessment for FY 2003-04 for Business Improvement AreaRESOLUTION NO. 03-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2003-2004 FOR A BUSINESS IMPROVEMENT AREA COVERING CERTAIN COSTA MESA HOTELS AND MOTELS AND SETTING THE TIME AND PLACE OF A PUBLIC HEARING ON 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 & Highways Code § 36500 at. 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 purpose of which is to promote tourism to the City and to fund programs that benefit the hotel and motel businesses within the City of Costa Mesa; and WHEREAS, the City Council has voted to continue the special assessment for the Costa Mesa Tourism & Promotion Council Business Improvement Area each year since its inception, including the adoption in May 2002 of Resolution No. 02-32 authorizing the assessment for fiscal year 2002-2003; and WHEREAS, in January 2000, the City Council approved an increase in the assessment, raising the assessment from one percent (1%) to two percent (2%). The two percent (2%) assessment is based on the sale of overnight room stays; and WHEREAS, this Resolution of Intention will commence proceedings under the Parking and Business Improvement Area Law of 1989 (Streets & Highways Code § 36541) to levy the annual assessment of the Costa Mesa Tourism & Promotion Council Business Improvement Area for the 2003-2004 fiscal year; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows: Section 1. Assessment. An annual assessment for the Costa Mesa Tourism & Promotion Council Business Improvement Area is proposed to be levied pursuant to Streets & Highways Code § 36500 at seq. The proposed boundaries of the territory are the seven motels and hotels listed in Exhibit A, attached hereto and incorporated herein by this reference. The proposed amount of the annual assessment is two percent (2%). The two percent (2%) 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. Section 2. Annual Report. An annual report on the Business Improvement Area has been prepared by the Costa Mesa Convention & Visitors Bureau, acting as the advisory board as required by Streets & Highways Code § 36533 and § 36534. Said report is attached hereto as Exhibit B and incorporated herein by this reference. Section 3. Types of Activities To Be Funded. The proposed type or types of activities to be funded by and through the annual levy of assessments on businesses within the Costa Mesa Tourism & Promotion Council Business Improvement Area are specified in Exhibit B. Section 4. Method and Basis of Lew. 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. Section 5. Time and Place of Public Hearing. The time and place of the public hearing on the business improvement area and the annual levy of assessments shall be at 6:30 p.m., June 16, 2003, at the Costa Mesa City Hall, City Council Chambers, 77 Fair Drive, Costa Mesa, California. At the public hearing set forth above, the testimony of all interested persons for or against the annual levy of 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 6. 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) 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 that does not comply with this paragraph shall not be counted in determining a majority protest. (f) 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. BE IT FURTHER RESOLVED THAT the City Council of the City of Costa Mesa, California, does hereby adopt the annual report by the Costa Mesa Convention and Visitors Bureau acting as the advisory board on the business improvement area, and this Resolution of Intention as set forth herein, and Exhibits "A" and "B" attached hereto and incorporated by this reference. PASSED AND ADOPTED this 5m day of May, 2003. ATTEST: Deputy ty Clerk of the City of Costa Mesa STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) Mayor of ty a LD City oTCosta Mesa APPROVED AS TO FORM �GyCity Attorney I, JULIE FOLCIK, 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. o 3_2a was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 501 day of May, 2003, by the following roll call vote: AYES: Steel, Cowan, Monahan, Mansoor NOES: hone ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 6" day of May, 2003. Deputy ty Clerk and ex -officio Clerk of the CityCouncil of the City of Costa Mesa 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 at seq., the businesses commonly known as: 1. Countryside Inn & Suites Property Address: 325 and 345 Bristol Street, Costa Mesa Business Owner: Bruce Ayers 1817 Westminster Avenue Newport Beach, Ca. 92660 Donald Ayers, Jr. 506 Vio Lido Nord Newport Beach, CA 92626 Property Owner: Homes by Ayers 355 Bristol Street, Suite A Costa Mesa, CA 92626 2. Hilton Costa Mesa Property Address: 3050 Bristol Street, Costa Mesa Business Owner: CNL Hospitality Corp. 450 South Orange Ave. Orlando, Florida 32801 3. Holiday Inn Property Address: 3131 Bristol Street, Costa Mesa Business Owner: Linquist & Craig Hotels Property Owner: Abbot B. Lipsky c/o California Inn Management, Inc. P.O. Box 688 Lawrence, KS 66044 4. Marriott Suites Property Address: 500 Anton Boulevard, Costa Mesa Business Owner: J.W. Marriott, Jr. Property Owner: Marriott Suites, Ltd. 1 Marriott Way Washington, D.C. 02258 5. Residence Inn - Costa Mesa Property Address: 881 Baker Street, Costa Mesa Business Owner: Residence Inn by Marriott 1 Marriott Way Washington, D.C. 02258 Property Owner: Marriott Residence Inn Ltd., Partnership 10400 Fernwood Road Bethesda, Maryland 20817 6. Westin South Coast Plaza Hotel Property Address: 668 Anton Boulevard, Costa Mesa Business Owner: South Coast Westin Property Owner: Secon Properties c/o South Coast Plaza Hotel 668 Anton Boulevard Costa Mesa, CA 92626 7. Wyndham Garden Hotel Property Address: 3350 Avenue of the Arts, Costa Mesa Business Owner: Amgreen Heritage Hotel Partners Ltd. 31200 Via Colimas, Suite 202 Westlake Village, CA 91362 0 EXHIBIT B Exhibit "B" consists of the annual report submitted by the Costa Mesa Convention & Visitors Bureau (also referenced in the staff report as Attachment "B."