Loading...
HomeMy WebLinkAbout12 - Modifying the NBTID Management District Plan - Public HearingPUBLIC HEARING NOTICE RESOLUTION NO. 2018-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS INTENTION TO MODIFY THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT'S MANAGEMENT DISTRICT PLAN AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, on April 28, 2009, the City Council of the City of Newport Beach ("City") adopted Resolution No. 2009-21 and established the Newport Beach Tourism Business Improvement District ("NBTBID") pursuant to the Property and Business Improvement Law of 1994, Streets and Highways Code Sections 36600 et seq. ("1994 Law"), and a Management District Plan on file with the City Clerk; WHEREAS, on April 24, 2012, the City Council adopted Resolution No. 2012-28, which amended the NBTBID and the Management District Plan to include the Newport Dunes Waterfront Resort & Marina; WHEREAS, on January 28, 2014, the City Council adopted Resolution No. 2014- 7 renewing the NBTBID for a ten-year term; WHEREAS, the NBTBID currently includes eight hotels and resorts and is managed by the NBTBID's owners' association, Visit Newport Beach, Inc. ("VNB"); WHEREAS, on May 25, 2018, VNB submitted a written request approved by a majority of the existing TBID members to the City requesting an amendment to the Management District Plan, which among other things includes the Lido House within the NBTBID; and WHEREAS, the Management District Plan, which sets forth the NBTBID boundary, service plan, budget, and means of governance may be amended by the City Council upon the request of the VNB and following a public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows.. Section 1: The City Council finds that the NBTBID owners' association has requested an amendment of the Management District Plan. Section 2: The City Council declares its intention to amend the NBTBID's Management District Plan and levy and collect assessments on additional lodging businesses within the NBTBID boundaries pursuant to the 1994 Law as more fully set forth in the Amended Management District Plan, attached hereto as Exhibit "I" and incorporated herein by reference. Section 3: The boundaries of the NBTBID are the boundaries of the City of Newport Beach, as depicted on the map attached to the Amended Management District Plan. Section 4: The name of the district shall remain the Newport Beach Tourism Business Improvement District. Resolution 2018-36 Page 3 of 3 Section 12: To receive additional information about the proposed assessment or to submit a written protest, interested persons may contact the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, (949) 644-3005. Section 13: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 14: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 15: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 16: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of June, 2018. /s/ Will O'Neill, Mayor Pro Tem ATTEST: /s/ Leilani I. Brown, City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE /s/ Aaron C. Harp City Attorney Attachment: Amended Management District Plan — Hard copy can be found in the City Clerk's office or at.newportbeachca. gov/a mended md p June 29, 2018 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3005 1 949 644-3039 FAX newportbeachca.gov/cityclerk Dear Newport Beach Tourism Business Improvement District (NBTBID) Member I'm following up on my earlier correspondence, dated June 14, 2018, to provide you with updated information on the process to modify the NBTBID's Management District Plan to include the Lido House in the business improvement district. As my previous letter indicated, on June 12, the Newport Beach City Council adopted Resolution No. 2018-36, declaring its intention to modify the NBTBID's Management District Plan. In addition to adding the Lido House as a member lodging business, the proposed amendments to the plan also include updates to the budget and to the names of certain member lodging businesses, and the removal of some potentially confusing language related to how new members can be added in the future. State law sets forth the process and procedures for modifying the Management District Plan. We have accomplished two of the three steps to date. The first step involved the June 12 adoption of Resolution of Intention No. 2018-36 and the second step was accomplished on June 26 when the City Council held a public meeting on the subject. The final step requires that the City Council hold a public hearing to consider the modified Management District Plan. The hearing will be included as part of the City Council's next regular meeting which begins at 7 p.m. on July 10 in the Newport Beach Council Chambers, 100 Civic Center Drive, Newport Beach, CA 92660. Enclosed you will find a copy of the Notice of Public Hearing/Resolution No. 2018-36. A hard copy of the modified Management District Plan is available at the City Clerk's Office or at www.newportbeachca.gov/amendedmdp. You are welcome to attend the public hearing to provide your comments. Written comments may also be submitted in advance of the hearing to the City Clerk's Office, 100 Civic Center Drive, Bay E, Newport Beach, CA, 92660 or cityclerk(cD newportbeachca. gov. Should you have any questions about the process or proposed amendments, please contact Tara Finnigan, deputy city manager, at 949-644-3035 or tfinnigan(o)newportbeachca.gov. Leilani Brown City Clerk Balboa Bay Resort Sam El-Rabaa, General Manager 1221 West Coast Highway Newport Beach, CA 92663 Fashion Island Hotel Gerard Widder, General Manager 690 Newport Center Drive Newport Beach, CA 92660 Hyatt Regency John Wayne Airport Newport Beach Tom Clearwater, General Manager 4545 MacArthur Boulevard Newport Beach, CA 92660 Hyatt Regency Newport Beach Sid Ramani, General Manager 1107 Jamboree Road Newport Beach, CA 92660 Lido House Adam Beer, General Manager 3300 Newport Boulevard Newport Beach, CA 92663 Newport Beach Marriott Bayview Josef Ebherdt, Director of Operations 500 Bayview Circle Newport Beach, CA 92660 Newport Beach Marriott Hotel & Spa Debbie Snavely, General Manager 900 Newport Center Drive Newport Beach, CA 92660 Newport Dunes Waterfront Resort & Marina Michael Gelfand, General Manager 1131 Back Bay Drive Newport Beach, CA 92660 Renaissance Newport Beach Hotel Brian Keys, General Manager 4500 MacArthur Boulevard Newport Beach, CA 92660 Visit Newport Beach, Inc. / Newport Beach & Company Gary Sherwin, President & CEO 1600 Newport Center Drive, Suite 120 Newport Beach, CA 92660 Bios Angeles M E D I A G Mmes R O U P PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF ILLINOIS County of Cook I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot, which was adjudged a newspaper of general circulation on June 19, 1952, Cases A24831 for the City of Newport Beach, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Jun 30, 2018 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at Chicago, Illinois on this day of T�, 20—ff. [signatu 160 N Stetson Avenue Chicago, IL 60601 5689981 - Newport Harbor News Press Combined With Daily Pilot Page 1 of 2 Eos Angeles dimes ME D I A G R© UP Sold To: City of Newport Beach - C000072031 100 Civic Center Dr Newport Beach,CA 92660 Bill To: City of Newport Beach - C000072031 100 Civic Center Dr Newport Beach,CA 92660 PUBLIC HEARING NOTICE RESOLUTION NO. 2018.36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS INTENTION TO MODIFY THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT'S MANAGEMENT DISTRICT PLAN AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF W HEREAS, on Aprd 211, 2009, the Cony Councd of the Gly of Newport Beach (`Cityl adopted Resolution No. 2049.21 and established the Newport Beach Tourism Business Improvement District i'N8TBWi pursuant to tit* Property and Business Improvement taw 011994, Streets and Highways Code Sections 56600 er seq. '1994 Law'), and a Management District Plan on file with the City Clea; WHEREAS, on April 24, 2012, the City Council adopted Resolution No. 2012.2& which amended the 113TBID and rhe Management District Plan to include the Newport Dunes Waterhont Retain 6 Manna; WHERE AS, or January26, 2014, the City Coural adopted Resolution No. 2014-7 renewing the NBIBID for aver -year term; WHEREAS, the 11111110 currently includes eigm hotels and resorts and is managed by the NST&D's owners' nsoaahon. Vrst Newport Beach,Ina ('VNW); WHEREAS, on May 25,1018, VN8 submmed a written request approved by a maloray of the existing TBID memters m the City requermil an amendment to the Management District Plan, which among into things includes the Udo House within the NBTBID; and WHEREAS, the Management Dow Plan, which sets forth the NBT810 boundary, service plan, budget. and means of govemarce may be amended by the City COLTrOf upon the request of Me VNB and following a publicheanmg. NOW, THEREFORE, the City Council of the Gay of Newport Beach resolves as follows: Section 1: Tte City Council finds that the NBIBID wwners assodatson has requested an amendment of the h'3nagement District Plan, Section 2: The Crry Council dedares Its intention to amsrd Me N8TB10s Management District Plan and levy and collect assessments an additional lodgirg businesses winto the NBIBID boundaries pursuant to the 1994 law as more fully set forth in the Amended Management District Man, attached hereto as Exhibit'P and incorporated hereon by reference. Section 3: The boundaries of the NBTBID are the bounds aio of the City of Newport Beach, as depicted on the map attached to the Amended Management Ciftrict Plan. Section 4: The name of the district shall remain the Newport Beach Tourcen Business Improwmert Distrix Section S: The NBTSID shall assess nine (9) hotels and towns within the city limits o! Newport Beach three percent (341 of gross short term (stays less than thirty (301 days) room rental revenue. The NBTBID shall include the Satba Bay Resort, the Fashion Idard Hotel, the Hyatt Regency John Wayne Airport Newport beach, the Hyatt Regency Newport Beach, the Newport Beach Marriott Bayview, che Newport Beath Marriott Hotel B Site, the Newport Dunes Waterfront Resat 6 Marina, the Renaissance Newport Beach Hotel, and the Lida House. Gross mom revenue is dehred as total room revenue less any loots state, or federal sates taxes a transient occupancy taxes. Lodging business stays of more than thirty (10) consecutive days shall not be invested Based on benefits mcened, nays by airline personnel and government employees on government business shag not be assessed. Simi)atty, time shares stuff not be asserted. Section 6: The assessments sewed W the NBTBID shat) be applied to provide specific benefits directly to the assessed businesses by incasing room night sales Marketing, public evil sales pacnicams, advemsag. and communications will Increase ovemhght tourism and market assessed businesses as tourist. meeting and event destiatom, thereby mcmasing roam night sales Funks remaining at the end of any year maybe used In subsequent yan M which NBTBID assessments an lewed as long as they are used consistent with the requiremena of this resolution and theAmencled Management District Plan. Section 7: Bonds will not be issued. SeeNon 8: The time and place for the public meeting to consldes the NBTBID Amended Management District Plan is lune 26, 2018 it 1:00 p.m. or is soon thereafter as the mattermay be hard, at the(Iry Ceundt Chambers located at 100Civic Center dwe,Newport Beach, California. Pursuant toSection 36623ofshe1994 Law, the City Clerk is directed to pmrkle notice of mu Restitution of Intention to the lodging businesses subject to the assessment and to publish thio Revolution of intention in a newspaper of general circulation at least ten 0W days prior to the public meeting. Section 9: The time and place for the public hearing to consider the NBTBID Amended Managemert District Plan is lay 10, 2018 it 7:00 p.m. or as soon thereafter as the matter may be hard, it Me City Council Chambers located at 100 ChX Center Drove, Newport Beach. California. Section 10: At the public hosing, the testimony of all Interested persons for of agacmt the Amended Management District Plan may be received. If, at the conclusion of the public heaving, there are recorded protests by the ownersof the lodging businesses within the proposed NBTBID that will pay f iffy pointers (5041 of more of the estimated total assessment of the #nice NBTBID, the Management Darrat Plan shall not be amended. Section 11: The Amended Management District Plan Is on hie with the City Clerk, IgD Civic Center Berm. Newport Beach, California 92660, and may be revawed upon request. Section 12: To receive additional information about the proposed assessment or to submit a written protest, Interested persons may contact the City Clerk, 100 Chic Center Drive, Newport Beach, California 92660, 1949) 644-3005, Section 13: The repels provided In this resolution are two and correct and art incorporated Into the operative Darr of this resolution. Section 14: If any section, subsection, sentence, dause or phrase of this resolution is, for any rami, held to be invalid or unconstitutional, such decision shall not affect the validity of ronvmutionelRy of the remaining portomafthisresolmkn. The CityCouncil hembydedaaes chat nwould have passed the resolution, and each section, subsection, sentence, clause of phrase hereof, nnespectcve of the fact that any one a more sections. 5689981 - Newport Harbor News Press Combined With Daily Pilot Page 2 of 2 Cos Angeles Times M E D I A G R O U P subseoons, sentences, clauses at phrases be declared invalid or unconstitutional. Section 15: the Crtq Counal finds the adoption of this resolution is no; subject to the Cal"Oma tnvimnmemal Ouaflty Act ('CEQA') pursuant to Sections 15060(c)(2) f ire activity will not result In a direct o reasonably foreseeable mdintt physical change in the emsronmertl and 15060(d(3) (the act" is not a project as defined in Section 15378) of the CEQA Guidelines, Caldomia Code of Regulations, Title 14, Chapter 3, because "has no potential for resulting in physical change to the environment, dnactlyor Indbecdy. .,,,ran 16 this resolution shall take effect Immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12" day of lune, 20111. ,si Will O'Neill, Mayor pm Tem ATTEST: s' cedani 1. grown, Citi Clerk APPROVED AS TO FORM: OTY ATTORUY'S OFFICE ,'s+ Aaron C. Harp City Attorney Attachment, Amended Management District Ran — Wed copy can be found in the City Clerk's office of at newc»rtbeachca.doviwits drtgo