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HomeMy WebLinkAbout96-07 Business Improvement Area for Hotels and MotelsORDINANCE NO. 96-47 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 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 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 198.9 (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 20, 1996, City Council adopted Resolution No. 96-49 entitled "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;" WHEREAS, on June 13, 1996, and June 17, 1996, at City Hall, City Council Chambers, 77 Fair Drive, Costa Mesa, California, two public hearings were held concerning the establishment of the business improvement area; WHEREAS, on June 3, 1996, and June 17, 1996, 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 business improvement area to be established pursuant to Streets and Highways Code Section 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. WHEREAS, on May 20, 1996, 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. Section 2. The City Council of the City of Costa Mesa by this ordinance does hereby: (a) Establish a business improvement area with the name, "Costa Mesa Tourism & Promotion Council" and the business improvement area has boundaries and benefit zone set forth in Exhibit A, attached hereto and incorporated herein by this reference; and (b) Levy an annual assessment on businesses within the business improvement area 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 (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 No. 96-49, 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 benefitted 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; (1) 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 /7 tLday of , 1996 ATTEST: Deputy Pty Clerk of the City of Costa Mesa Mayo APPROVED AS TO FORM: /114\. City Attorney STATE OF CIALIFORNIA ) 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. 96-_Z was introduced and considered section by section at a regular meeting of said City Council held on the 3 � day of , 1996, and thereafter passed and ado ted as a whole at a regular meeting of said City Council held on the I7�`"day of , 1996, by the following roll call vote: AYES: � � K ��, ►Jcc ffA, �dRN I�JUG �E� (reEj $, r' O NA *,4 n) NOES: I\j©n)C- ABSENT: j ItJ 5 - IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this /gF6day of , 1996. Deputy ity Clerk and ex -officio Clerk o he City Council of the City of Costa Mesa TOURISM.42 (5-23-96) 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: 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 2. 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 N 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