HomeMy WebLinkAbout2023-19 - Annual BIA Intentthe amount of the assessment to be levied against his or her business, the proposed
method and basis of levying the assessment is set forth in the TCM's annual report
relative to the Costa Mesa Tourism & Promotion Business Improvement Area.
Section 5. Time and Place of Public Hearing. The time and place of the public
hearing on the levy of an annual assessment for Fiscal Year 2023-24 shall be 7:00 p.m.
on June 6, 2023. At the public hearing set forth above, the testimony of all interested
persons for or against the annual levy of the assessment for the Business Improvement
Area, the extent of the area, and/or the furnishing of specific types of improvements or
activities will be heard by the City Council.
Section 6. Protests. Consistent with California Streets & Highways Code §§
36524 and 36525, 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, 77 Fair Drive, Room 101, Costa Mesa, California 92626, 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(d)A written protest may be withdrawn in writing at any time before the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.
( 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
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 which does not comply with this section shall not be counted
in determining a majority protest.
Resolution No. 2023-19 Page 3 of 10
(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more of the assessments to be levied and protests are not withdrawn so as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 continue to levy the Business Improvement
Area assessment, as specified by this Resolution, shall be taken by the City
Council for a period of one year from the date of the finding of a majority
protest.
(g)If the majority protest is only against the furnishing of a specified type or
types of improvement or activity within the Business Improvement Area,
those types of improvements or activities shall be eliminated.
Section 7. Publication. The City Clerk shall cause this Resolution of Intention to
be published once in a newspaper of general circulation in the City at least seven (7)
days before the June 6, 2023 public hearing.
Resolution No. 2023-19 Page 4 of 10