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HomeMy WebLinkAbout98-14 Levy an Annual Assessment for Fiscal Year 1998-99ORDINANCE NO. 98-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA; CALIFORNIA, TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 1998-99 FOR A BUSINESS IMPROVEMENT AREA FOR CITY OF COSTA MESA HOTELS AND MOTELS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN 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 § 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; WHEREAS, the California Legislature found that cities are authorized to levy assessments on businesses which benefit. from those improvements and activities; WHEREAS, the purpose of the business improvement area is to fund activities to promote tourism and related tourist events which benefit the hotel _and motel businesses within the City of Costa Mesa; WHEREAS, the major hotel and motel businesses within the City of Costa Mesa have requested that 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; WHEREAS, on July 5, 1995, by Ordinance No. 95-9, City Council adopted a business improvement area known as the Costa Mesa Tourism & Promotion Council; and WHEREAS, on May 4, 1998, City Council adopted a resolution entitled "A Resolution of the City Council of the City of Costa Mesa, California, on the Intention to Levy an Annual Assessment for Fiscal Year 1998-99 for City of Costa Mesa Hotels and Motels;" WHEREAS, on May 18, 1998, and June 1, 1998, at City Hall, City Council Chambers, 77 Fair Drive, Costa Mesa, California, two public hearings were held concerning the annual assessment for the business improvement area; WHEREAS, on May 18, 1998, and June 1, 1998, City Council heard testimony from the hotel and motel owners on the assessment and no protests were filed or presented at the public hearings which required determination by City Council; WHEREAS, the annual assessment for the business improvement area pursuant to Streets and Highways Code § 36500 et. seq. has the boundaries of the area and the boundaries of the benefit zone within the same area as set forth in Ordinance 95-9 and Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, on May 4, 1998, the City Council of the City of Costa Mesa approved the report of the Costa Mesa Tourism and Promotion Council and such report has been considered at the public hearing before this ordinance was adopted. 6 Section 2. The City Council of the City of Costa Mesa by this ordinance does hereby levy an annual assessment on businesses within the business improvement area with the name, "Costa Mesa Tourism & Promotion Council," as set forth in Exhibits A and B, attached hereto and incorporated herein by this reference. Section 3. The City Council of the City of Costa Mesa does hereby further find and declare as follows: (a) The Costa Mesa Tourism & Promotion Council, business improvement area, is subject to any amendments to the Parking and Business Improvement Area Law of 1989; (b) The type or types of improvements and activities to be funded by the levy of assessments on businesses within the Costa Mesa Tourism & Promotion Council, business improvement area, are specified in Exhibits A and B, attached hereto and incorporated herein by this reference, and the improvements to be acquired for the business improvement area are specified in Exhibits A and B; (c) The Costa Mesa Tourism & Promotion Council, business improvement area, assessment shall be levied for one year to pay for all improvements and activities within the business improvement area as specified by this ordinance, except where funds are otherwise available; (d) The method and basis of levying the Costa Mesa Tourism .& Promotion Council, business improvement area, assessment is set forth in Exhibits A and B; and 3 (e) New hotel and motel businesses within the business improvement area and commenced after the effective date of the ordinance will be exempt from the levy of assessment, as provided in Exhibits A and B. (f) The. revenue from the levy of assessments within the business improvement area adopted by' this ordinance shall not be used to provide improvements or activities outside the area set forth in Exhibits A -and B or for any purpose other than the purposes specified in the.. resolution of intention resolution and modified by City Council at the hearing concerning the establishment of the area; (g) Business, patrons of such business, and the property subject to the business improvement area assessment, are benefited by the improvements and activities funded by the assessments levied by this ordinance, and in promoting tourism, the businesses assessed benefit from tourist visits to their businesses; (h) The assessment levied by this ordinance shall be collected at the same time and in the same manner as the City of Costa Mesa Transient Occupancy Tax is collected pursuant to the Costa Mesa Municipal Code; (i) The City Manager or designee is hereby delegated authority by City Council to enter into the necessary agreements to retain a consultant and/or firm to administer and effectuate the improvements and activities set forth in the budget for the Costa Mesa Tourism and Promotion Council, business improvement area, as set forth in Exhibits A and B; and (j) The Board for the Costa Mesa Tourism and Promotion Council, business improvement .area, shall cause a report to be prepared and presented to City Council at the end of the fiscal year for this business improvement area assessment pursuant to Streets & Highways Code § 36533. Section 4. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to. be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this / qday of _51998. Gro*15 i. Deputy Oty Clerk of the City of Costa Mesa 5 Mayor APPROVED AS TO FORM: t' 9ZUI j2 5.6 '79 City Attorney 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 Ordinance No. 98-14 was introduced and considered section by section at a regular meeting of the City Council held on the 18th day of May, 1998, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 1st day of June, 1998, by the following roll call vote: AYES: Buffa, Monahan, Erickson, Cowan, Somers NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 2nd day of June, 1998. Deputy Cit' Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa 0