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Home My WebLink About15-01 Establishment of a Business Improvement Area For Hotels and MotelsORDINANCE NO. 15-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA MODIFYING ORDINANCE NO. 95-9, RELATING TO THE ESTABLISHMENT OF A BUSINESS IMPROVEMENT AREA FOR COSTA MESA HOTELS AND MOTELS, SUCH THAT AN ADDITIONAL BUSINESS IS SUBJECT TO SUCH BUSINESS IMPROVEMENT AREA. 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 ( "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, as of July 1, 2014, the BIA assessment levied against businesses subject thereto is three percent (3%) where the three percent (3%) assessment is based on the sale of overnight room stays; and WHEREAS, the 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; and WHEREAS, the type or types of activities funded by and through the levy of assessments on the 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 as Exhibit B, attached hereto and incorporated by this reference; 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, new hotel and motel businesses commenced after the effective date of Ordinance No. 95-9 are exempt from the levy of assessment, pursuant to Streets & Highways Code § 36531 and § 36535; and WHEREAS, the BLVD Hotel, located at 2430 Newport Blvd Costa Mesa, CA 92627, has expressed a desire to also be included in the BIA and be subject to the BIA Assessment; and WHEREAS, Streets and Highways Code Sections 36540 and 36541 permit the City Council to modify the BIA by adopting this Ordinance; 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 Ordinance No. 15-01 Page 1 of 4 WHEREAS, on November 18, 2014, the City Council adopted Resolution No. 14- 72, declaring its intention pursuant to Streets & Highways Code Section 36541 to modify the BIA, as discussed above; and WHEREAS, on January 6, 2015, the City Council held a duly noticed public meeting pursuant to Government Code Section 54954.6 to hear public testimony on the modification; and WHEREAS, on January 20, 2015, has held a duly noticed public hearing pursuant to Streets & Highways Code Section 36541 and Government Code Section 54954.6 to consider any protests against the modification discussed above from businesses which would be subject to the BIA Assessment; and WHEREAS, on January 20, 2015, the City Council has held a duly noticed public hearing to consider any protests against the modification discussed above from businesses which would be subject to the BIA Assessment in its Chambers located at City Hall, 77 Fair Drive, Costa Mesa, CA 92626; and WHEREAS, as a result of both the public meeting and public hearing discussed above, no majority protest against the modification discussed above was received; and WHEREAS, the time and manner of collecting the assessments is set forth in Exhibit B of the Resolution of Intent, No. 14-72 adopted by the City Council on November 18, 2014; and WHEREAS, the City Council finds that the businesses within the BIA will be benefitted by the improvements and activities funded by the BIA assessment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The recitals set forth above are true and correct and are incorporated herein by reference. Section 2. Ordinance 95-9, and its subsequent resolutions, is hereby modified such that the businesses that are subject to the BIA Assessment shall include those listed in Exhibit A of this Ordinance. These businesses shall be subject to any amendments to this Ordinance, Ordinance 95-9, and their subsequent amendments and resolutions. Section 3. Except as provided by this Ordinance, Ordinance 95-9, their amendments and their associated resolutions, including, but not limited to, the BIA Assessment to be levied upon businesses subject thereto remain unchanged. Section 4. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Ordinance No. 15-01 Page 2 of 4 Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage. Stephen M. Mensinger, Mayor APPROVED AS TO FORM: ity' Attorney ATTEST: Brenda Green, Chky Clerk January, 2015. Ordinance No. 15-01 Page 3 of 4 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 Ordinance No. 15-01 was introduced and considered section by section at a regular meeting of said City Council held on the 61h day of January, 2015, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 20th day of January, 2015, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS: FOLEY, GENIS, MONAHAN, RIGHEIMER, MENSINGER NONE NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 20th day of January, 2015. Brenda Green, Cit Jerk Ordinance No. 15-01 Page 4 of 4 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: Shayamal Patel 2450 Newport BLVD Costa Mesa, CA 92627 Property Owner: Shayamal Patel 2450 Newport BLVD Costa Mesa, CA 92627 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: Property Owner: Narendra B. Patel 2070 Newport Blvd. Costa Mesa, CA 92667 Narendra B. Patel 2070 Newport Blvd. Costa Mesa, CA 92667 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 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 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: Property Owner: Rosanna Inc. 3350 Avenue of the Arts Costa Mesa, CA 92627 Rosanna Inc. 3350 Avenue of the Arts Costa Mesa, CA 92627