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HomeMy WebLinkAbout2014-6 - Modifying the Newport Beach Tourism Business Improvement District Management District PlanA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH MODIFYING THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN WHEREAS, on April 28, 2009, the City Council of the City of Newport Beach (City) adopted Resolution No. 2009 -21 adopting the Management District Plan and establishing 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., (the 1994 Law); WHEREAS, the Management District Plan, which sets forth the NBTBID boundary, service plan, budget, and means of governance was amended by the City Council in 2012 (Resolution No. 2012 -28) upon the request of the Visit Newport Beach, Inc. (VNB), the NBTBID's owners' association, and following a public hearing; WHEREAS, the 1994 Law allows the City Council to modify the Management District Plan (MDP) at the request of the Owners' Association; WHEREAS, Visit Newport Beach, Inc. (VNB), acting as the Owner's Association, has requested a modification of the NBTBID's Management District Plan to shorten the NBTBID's current term; WHEREAS, the modification of the NBTBID MDP will shorten the duration of the NBTBID, from five (5) years to four (4) years and nine (9) months, causing the NBTBID to expire on January 31, 2014; WHEREAS, a copy of the Modified Management District Plan is attached hereto as Exhibit A and incorporated herein by this reference; WHEREAS, on November 26, 2013, the City Council adopted Resolution No. 2013 -87, expressing its intention to modify the NBTBID's Management District Plan; WHEREAS, on December 10, 2013, the City Council held a public meeting regarding the proposed modification of the NBTBID's Management District Plan; WHEREAS, on January 28, 2014, the City Council held a public hearing regarding the modification of the NBTBID Management District Plan and the City Council heard and received all objections and protests, if any; and WHEREAS, the lodging businesses within the NBTBID will be benefited by the activities and improvements set forth in the Modified Management District Plan. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: 1. The recitals set forth herein are true and correct. 2. A public hearing to consider the Modified Management District Plan was held in the City Council Chambers on January 28, 2014, at which time written protests were not received from the owners or authorized representatives of businesses in the NBTBID that will pay 50 percent or more of the assessments levied. 3. The Modified Management District Plan is hereby approved and the NBTBID's term is shortened to expire on January 31, 2014. 4. The City Clerk is directed to record in the Orange County Recorder's Office a notice and assessment diagram, as required by Streets and highways Code Section 36627. The text of the recorded notice shall state that the assessment is levied only against lodging businesses within the area of the NBTBID. 5. This resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shalt certify the vote adopting the resolution. 6. The Modified Management District Plan is on file with the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660 and may be reviewed upon request. ADOPTED this 28th day of January, 2014. Rush N. Hill, 11 Mayor ATTEST: Dylsi � 'MMA", Leilani 1. Brown City Clerk Exhibit: Modified Management District Plan Newport Beach Tourism BID Management District Plan NEWPORT BEACH TOURISM BID AMENDED MANAGEMENT DISTRICT PLAN TABLE OF CONTENTS L INTRODUCTION AND OVERVIEW ...................... ............................... 3 II. WHY A TOURISM BID FOR NEWPORT BEACH? ............... ............................... 4 III. WHAT IS A TOURISM BUSINESS IMPROVEMENT DISTRICT ? ................... 4 IV. NEWPORT BEACH TOURISM BID BOUNDARY ..... ............................... 5 V. SERVICE PLAN AND BUDGET ............................ ............................... 5 VI. TOURISM BID GOVERNANCE ............................ ............................... 8 APPENDIX 1— THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAWOF 1994 ......................................... ............................... 10 APPENDIX 2 — MAP OF HOTELS AND RESORTS TO BE ASSESSED WITHIN NEWPORT BEACH TBID ........................ ............................... 26 APPENDIX 3 — NEWPORT BEACH TOURISM BID ADDRESSES AND ASSESSOR PARCEL NUMBERS ................................ ............................... 28 Newport Beach Tourism BID Management District Plan Page 2 Administered by Visit Newport Beach, Inc. (VNB), the Newport Beach Tourism Business Improvement District (NBTBID) is a business improvement district formed pursuant to the Property and Business Improvement District Law of 1994 codified in Streets and Highways Code Section 36600et seq. (the "1994 Act ") which helps fund marketing and sales promotion efforts for Newport Beach tourism businesses. NBTBID was formed by the City of Newport Beach ( "City') in 2009 with an initial five (5) year term. Due to its success in marketing the City's hotels and resorts businesses, additional lodging business(es) wish to join the NBTBID, which was amended accordingly in 2012. The member lodging businesses now wish to renew the NBTBID early. Location: The City of Newport Beach Services: Marketing and sales promotions to increase tourism and to market Newport Beach as a tourist, meeting and event destination. These services are designed to benefit the hotels and resorts that will be assessed within the City and other hotel and resort business that may join NBTBID in the future. Budget: The anticipated NBTBID budget for year one of its four - year -and- nine -month operation anticipated a base of approximately $1.7 million. Cost: Annual assessment rates are 2.0% of transient (stays less than 30 days) room rental revenue on the seven (7) hotels and resorts within the City limits of Newport Beach, and any hotel and resort business that may join NBTBID in the future. The NBTBID shall include the Fairmont Newport Beach, the Hyatt Regency Newport Beach, the Newport Beach Marriott Bayview, the Newport Beach Marriott Hotel & Spa, the Radisson Newport Beach, the Balboa Bay Club and Resort, the Newport Dunes Waterfront Resort and Marina, and any other hotel and resort business that may join NBTBID in the future. Any transient occupancy that is exempt from the payment of the City's Transient Occupancy Tax shall not be assessed. Additional hotels and resorts that wish to pay the assessment and receive NBTBID services in the future may do so upon the approval of the VNB Board, support from a majority of the then existing membership of the NBTBID, and through the execution of an agreement with the City approved by City Council after a noticed public hearing consistent with Sections 36623 and 36637 of the 1994 Act, as the same may be amended from time to time. Formation: NBTBID formation requires submittal of petitions from hotels and resorts representing more than 50% of the total annual assessment followed by a City Council hearing and an opportunity for a written protest. The assessed lodging business owners received notice of the public meeting and the public hearing by mail. In the absence of a majority written protest, the NBTBID was formed in 2009. Duration: The NBTBID assessment was implemented beginning May 1, 2009, and will be in effect for four years and nine months through January 31, 2014. After four years and nine months, the petition and City Council bearing process must be repeated for the NBTBID to be renewed. Also, once per year there is a thirty (30) day period in which owners paying more than 50% of the assessment may protest and terminate the district. Newport Beach Tourism BID Management District Plan Page 3 There are several reasons why the NBTBID was established. The most compelling reasons are as follows: I. The tVeed to Increase Occupancy The formation of the NBTBID is a proactive effort to provide supplemental funding for tourism promotion and marketing beyond that provided by the City of Newport Beach. The funding ensures VNB has adequate financing for the investment required to increase occupancy in the lodging industry and be competitive in the conference segment of the tourism market. The investment covers an expanded marketing and promotional budget needed to reach this market segment. Z An Opportunity for Increasing City Tax Revenues As occupancy rates increase, so too will the City's TOT revenue. With stable funding for VNB, annual occupancy rates should increase significantly as the new marketing and sales promotion programs are implemented. Greater occupancy will also produce an increase in sales tax revenues from tourist spending. This represents a substantial return to the City. The formation of the NBTBID, in partnership with VNB, creates a stable funding source tied directly to tourism promotion. 3. The Ability to Grow the Economy without Substantial Development VNB expects to achieve the above levels of revenue growth without a proportionate increase in the "footprint" of the tourism industry infrastructure. It is anticipated that little or no development should be required to raise average occupancy rates. Any development required to raise occupancy rates even more should be relatively minor in scope compared to the existing facilities. Tourism business improvement districts ( "TBID ") utilize the efficiencies of private sector operation in the market -based promotion of tourism districts. T BIDS allow lodging and tourism- related business owners to organize their efforts to increase tourism. Tourism - related business owners within the district pay assessments and those funds are used to reimburse the cost of providing services that the businesses desire and that benefit the assessed hotels and resorts with the district. Pursuant to Section 36613 of the 1494 Act, NBTBID activities may include, but are not limited to: • Promotion of public events which benefit businesses in the District • Furnishing of music in any public place within the District • Promotion of tourism within the District • Marketing and economic development, including retail retention and recruitment • Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the City • Activities which benefit businesses located in the District [Newport Beach Tourism BID Management District Plan Page 4 In California, TBIDs are formed pursuant to the 1994 Law. This law allows for the creation of a special benefit assessment district to raise funds within a specific geographic area to support specified activities. There are many benefits to Tourism BIDS: ➢ Collected assessments cannot be diverted for other government programs; ➢ Tourism BIDS are customized to fit the needs of each tourism district; Y They allow for a wide range of services, including those listed above-, P Tourism BIDS are designed and created by those who wilt pay the assessment; ➢ The statue requires petition support from hotels and resorts paying over 50% of the annual proposed assessments; ➢ They provide a stable funding source for tourism promotion. The 1994 Act, as amended, is provided in Appendix I of this document. The NBTBID includes seven (7) hotels and resorts available for public occupancy within the boundaries of the City of Newport Beach, and other hotels and resorts that may join NBTBID in the future. The hotels and resorts to be included at present are the Fairmont Newport Beach, the Hyatt Regency Newport Beach, the Newport Beach Marriott Bayview, the Newport Beach Marriott Hotel & Spa, the Radisson Newport Beach, the Balboa Bay Club and Resort, and the Newport Dunes Waterfront Resort and Marina. The boundary currently includes seven (7) hotels and resorts. Please see the map included as Appendix 2. A larger map is available on request by calling the VNB at (949) 719 -6100. A list of properties included in the NBTBID, including addresses and assessor parcel numbers, is included as Appendix 3. V. SERVICE PLAN AND BUDGET A. Assessment The NBTBID includes hotels and resorts of 100 hotel rooms or more, existing or in the future, available for public occupancy within the boundaries of the City of Newport Beach.! The hotels and resorts presently included within the NBTBID are the Fairmont Newport Beach, the Hyatt Regency Newport 1 The term "hotel room" shall mean any structure, or any portion of any structure or the air space within any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes for periods of thirty (30) days or less including a space, campsite or similar facility which is occupied, or intended or designed for occupancy, by a recreational vehicle, camper, van, trailer, motor home or similar vehicle used, or intended for use as a dwelling, lodging or for sleeping purposes. The term hotel room includes any inn, residential dwelling unit, motel, group residential or lodging house, bed and breakfast inn, single room occupancy hotel, hostel, rental unit, public or private residential club, mobile home, time -share project, house trailer at a fixed location, or other structure or portion of a structure. Newport Beach Tourism BID Management District Plan Page 5 Beach, the Newport Beach Marriott Bayview, the Newport Beach Marriott Hotel & Spa, the Radisson Newport Beach, the Balboa Bay Club and Resort, and the Newport Dunes Waterfront Resort and Marina. Any transient occupancy that is exempt from the payment of the City's Transient Occupancy Tax shall not be assessed. Additional hotel and resort facilities that wish to pay the assessment and receive NBTBID services in the future may do so with the approval of the VNB Board, support from a majority of the then existing membership of the NBTBID, and through the execution of an agreement with the City and approved by the City Council after a noticed public hearing consistent with Sections 36623 of the 1994 Act, as the same may be amended from time to time. The amount of assessment, if passed on to each transient, shall be separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. B. Determination of Special Benefit State law provides that the expenses of the district shall be apportioned in proportion to the benefit received by assessed businesses. A special benefit is defined as a particular and district benefit over and above general benefits conferred on the public at large. Conversely, a general benefit is a benefit to businesses in the surrounding community or a benefit to the public in general resulting from the improvement, activity or service to be provided by the assessment levied. Many general benefits to the public at large are conveyed by municipal services, such as fire protection, police services and public transit services. These services are targeted to serve the public at large and do not confer special benefits on particular businesses. The services identified in this Management Plan are designed to provide targeted services to the assessed hotels and resorts. These services are tailored not to serve the general public, but rather to serve the specific hotels and resorts within the District, e.g., the proposed activities are specifically targeted to increase room nights for assessed hotels and resorts within the boundaries of the District, and are narrowly tailored. For example, only the assessed hotels and resorts will receive sales leads from the sales efforts paid for with TBID monies. In addition, listing on websites and collateral materials paid for with NBTBID monies will only include the seven (7) assessed hotels and resorts that pay the assessment and any hotel or resort business that may join NBTBID in the future.. As a result, the activities paid for from assessment revenue are hotels and resorts services creating special benefit to those businesses. In addition, these activities are not for the benefit of the general public and do not provide general benefit as defined above. All general benefits (if any) to the surrounding community and general public are intangible and unquantifiable. It is appropriate that these special business - related benefits be funded through businesses assessments. C. Time and Manner for Collecting Assessments The NBTBID assessment will be implemented beginning May 1, 2009, and will continue for four years and nine months. The City of Newport Beach will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each of the seven (7) hotels and resorts located in the boundaries of the NBTBID. Assessments shall be collected monthly and the City Newport Beach Tourism BID Management District Plan Page 6 shall take all reasonable efforts to collect the assessments from each lodging business. The City of Newport Beach forwards the assessments to VNB which will have the responsibility to manage the NBTBID programs as provided in the Management District Plan, The City retains an up to % of 1% of the total collected assessment, whether or not actually collected, to reimburse the City for administrative costs associated with the establishment of the NBTBID. D. Penalties and Interest Any NBTBID member failing to remit the assessment to the City within thirty (30) days of the time required shall pay an initial mandatory penalty of ten percent (10 %) of the amount of the late assessment in addition to the assessment. Any NBTBID member failing to remit the assessment and the initial penalty within sixty (60) days shall be liable for a second mandatory penalty of an additional ten percent (10 %). In addition to the penalties imposed, any NBTBID member who fails to remit the assessment shall pay mandatory interest on the amount of assessment that is due and owing at the rate of one and one -half percent (1.5 %) per month for each month or portion of a month that the assessment remains unpaid exclusive of penalties. Should a NBTBID member's assessment become twelve (12) months in arrears, it shall be sent to collections. Penalties, interest and the cost of collection shall become part of the assessment required to be paid. Late payments, penalties, and interest shall be deposited and used in the same manner as the basic assessment. The cost of collection, if any, shall be used to pay the collections agency. E. Service Plan Budget and Programs to be Provided: Service Plan Budget Summary — Calendar Years 2009 -2014 The summary of the calendar year 2009 (year one) service plan budget for the NBTBID is provided below. The total four year and nine month improvement and service plan budget is projected to be approximately $1.7 million annually, or $8.075 million through 2014. The assessments collected will fund the direct sales efforts for group sales to generate room nights at the seven (7) participating hotels and resorts that may join NBTBID in the future, including: • Promotion of public events which benefit businesses in the District • Furnishing of music in any public place within the District • Promotion of tourism within the District • Marketing and economic development, including retail retention and recruitment • Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the City • Activities which benefit businesses located in the District Additionally, the City shall retain up to '/< of 1% of the total collected assessment, whether or not actually collected, to reimburse the City for administrative costs associated with the establishment of the NBTBID. Newport Beach Tourism SID Management: District Plan Page 7 F. Annual Service Plan: Annually, a service plan budget is developed and approved by the VNB Board. The budget exhibit below was for calendar year 2009 (year one). The budget also includes a portion for contingencies and renewal of the District. Should the VNB Board approve, funds may be appropriated for the renewal effort. If there are funds remaining at the end of the NBTBID term and the assessed hotels and resorts choose to renew, these remaining funds could be transferred to the renewed District. If there are funds remaining at the end of the District and hotels and resorts choose not to renew, any remaining funds will be spent consistent with this Management District Plan. This service plan will only include hotels and resorts that are participating in the NBTBID. Newport Beach Tourism BID Annual Budget, Year One SALES and MARKETING $1,197,167 Sales and Marketing programs and activities will be designed to attract overnight groups. These activities may include: • Sales Missions • Trade Shows • Sales Calls • Sales Manager ADVERTISING AND COMMUNICATION $498,583 Advertising and Communication activities will build greater awareness of the participating hotels. These activities may include: • Trade Promotion • Online Advertising • Trade Advertising CITY OF NEWPORT BEACH ADMINISTRATION FEE $4,250 The City will charge '/< of I% TOTAL TOURISM DISTRICT BUDGET $1,700,000 C t A. Newport Beach Tourism BID Corporation Governance VNB shall serve as the Owners' Association for the NBTBID. The Executive Director or Tourism Director of VNB is under contract with the City to administer and implement the activities specified in this plan and shall be charged with the day -to -day operations of the Tourism BID. Newport Beach Tourism BID Management District Plan Page 8 APPENDICES Newport Beach Tourism BID Management District Plan Page 9 APPENDIX 1 The Property and Business Improvement District Law of 1994 Newport Beach Tourism BID Management District Plan Page 10 WAIS Document Re deval CALIFORNIA CODES STREETS AND SI6BWAYS CODE SECTION 36600 -36604 36600. This part shall be (mown and may be cited as the "Property and Business Improvement District Saw of 1994." 36601. The Legislature finds and declares all of the following: (a) Businesses located and operating within the business districts of this state's communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, Services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of the business districts of its cities in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow cities to fund business related improvements, maintenance, and activities'through the levy of assessments upon the businesses or real property that benefits from those improvements. (d) Assessments levied for the purpose of providing improvements and promoting activities that benefit real property or businesses are not taxes for the general benefit of a city, but are assessments for the improvements and activities which confer special benefits upon the real property or businesses for which the improvements and activities are provided. 36602. The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within a business improvement area. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. 36603. NOthing in this part is intended to preempt the authority of a charter city to adopt ordinancea providing for a different method of levying assessments for similar or additional purposes from those sat forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Asseasment Investigation, Limitation and Majority protest Ant of 1931 (Division 4 (commencing with Section 2600)). 36603.5. Any provision in this part that conflicts with any other provision of law shall prevail over the other provision of law. 36604, This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes. httpl/ www. leginfo. mgov/ cgi- bWwaisgate ?WAMdocID- 47566328405+0+0+MWAISa .. 04/03/2012 17 WAIS Document Retrieval CALIFORNIA CODES STREETS AND HIGHWAYS CODE SECTION 36606 - 36616 36606. "Assessment" means a levy fox the purpose of acquiring, constructing, installing, or maintainin5 improvements anti promoting activities which Will benefit the properties or businesses located within a. property and business improvement district. 36607. "Busineas" means all types of businesses and includes . financial institutions and professions.- 36608. "City" means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includea only cities, counties, or a,city and county, or the state of California. 36604. "City council" means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36610. "Ymprovement" means the acquisition, construction, installation, or maintenance of any tangible property With an estimated useful life of five years or more including, but not limited to, the followings (a) Parking facilities. (b) Benches, booths, kiosks, display cases, .pedestrian shelters and signs. {C) Trash receptacles and public restrooma. (d) Lighting and heating facilities. (e) Decorations. (f) .Parks. (g) Fountains. (h) Planting areas. (i) Closing, opening, widening, or narrowing of - existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the area. (k) Ramps, sidewalks, plazas, end pedestrian malls. (1) Rehabilitation or removal of existing structures. 35611. "Property, and business improvement district," or "district," means a property and business improvement district established pursuant to this part- http://www.leonfo,c .gov/agi-bin/wai&pLe?WAISdoorD=47572629179+0+0+0&WAISa.. 04/03/2012 WAIS Document Retrieval 36612. "Property" means real property situated within a district. 36613. "Activities" means, but is not limited to, all of the following: (a) Promotion of public events which benefit businesses or real property in the district. (b) Furnishing of music in any public place within the district. (c) promotion of tourism within the district. (d) Yarketing and economic development, including retail retention and recruitment. (a) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Activities which benefit businesses and real property located in the district. 36614. "Management district plan" or "plan" means a proposal as defined in Section 36622. 36614.5. "GwnerS' association" means a private nonprofit entity that is under contract with a city to administer or implement activities and improvements specified in the management district plan. An owners, association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose, Notwithstanding this section, an owners' association shall comply with the Ralph M. Brown. Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government code), at all time when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government code), for all documents relating to activities Of the district. 36615. "Property, owner" means any person shown as the owner of land on the last equalized assessment roll or otberwise )mown to be the owner of land by the city council. "Business owner" means any person recognized by the city as the owner of the business. "Owner" means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36616. -Tenant- means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. http,// www. leginf o. mgov /egi- bin/waisgate?lVA]SdocID--47572629179+0 +0+0 &WAISM... 04/03/2012 WAIS Document Retrieval CALIFORNIA CODES STREETS AND HIGHWAYS CODS SECTION 36617 36617. This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvemnts or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1969 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part. httpd /w .le&fo.mgov /cgi -binlw gat e? WAISdocM=4762476312 +0+0 +0 &WAIS=... 04/0312012 20 WAISDo entRetdevsl. CALIFORNIA CODES STREETS AND HIGHWAYS CODE 'SECTION 36620 -36630 36620. A property and business improvement district may be established as provided in this chapter: 36620.5. A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may. not form a district within the unincorporated territory of a County without the consent of bhe board of supervisors of that county. A city way not form a district within the territorial- jurisdiction of another city without the consent of the city council of the other city. 36621. (a) Upon the submission of a written petition, sighed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, . the city council may initiate proceedings to form a district by the adoption of aresolution expressing its intention to form a district. The amount of asseasOment attributable to property or abusiness owned by the same property or business owner that is in exoeas of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following; (1) A map showing the boundaries of the district. (2) Information specifying where the complete management district plan can be obtained. (3) information specifying that the complete management 'district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements and activities and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623. 36622. The management district plan shall contain all of the following: http!/ www. leginfo.ca.gov /cgi- bidwaisgate? WA1SdocID= 475809168 +04-0+0 &WAISacti.... 04/03/2012 21 WAIS Document Retrieval ta) I£ the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether -a-business is located within the ,district boundaries. (b) The name of the proposed district. (c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected lands and businesses included. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created.parsuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements and activities proposed for each year of operation of the district and the maximise cost thereof. (e) The total annual amount proposed to be expended for improvements, maintenance and operations, and debt service in each year of operation of the district. (£) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements. (g) The time and manner of collecting the assessments. (h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (1) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) A list of the properties or businesses to be assessed, including the assessor's parcel numbers for properties to he assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof, including operation and maintenance. The plan may provide that all or any class.or category of real property which is exempt by law from real property taxation http:// www. leginfo.m.govlcgi- bintwaisgate? WAISdoolD=475809 168+0 +04 0 &WAISacU -. 04/03/2012 22 WAIS Document Retrieval may nevertheless be included within the boundaries of the district but &ball out be subject to assessment on real property. (1) Any other item or matter required to be incorporated therein by the city council.. 36623. (a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 o: the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall he filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the parson 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 or the authorized representative. A written protest that dose not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests era not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of.a majority protest by the city council. 36624. At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements or activities. Any modifications, revision, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. (a) If the city council, following the public hearing, decides to establish the proposed property and business improvement district, the city council shall adopt a resolution of formation that shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or http: / /www.loginfo.mgovlcgi- bin /waisgate? WAISdocID- 475809168 +0 +0 +0 &WMSaad... 04 103/2012 23 WAIS Document Retrieval bath within the district, a statement about whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements and activities and the location and .extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received. (5) A statement that the properties, businesses, on properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements and activities to be provided in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements and activities funded by the assessments proposed . to be levied. (b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36527 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan. 56626. If the city council, following the public hearing, desires to establish the proposed property and business improvement district, and the city council has not made changes pursuant to Section 36624, or has made changes that do not substantially change the proposed assessment, the city council shall adopt a resolution establishing the district. The resolution shall contain all of the information specified in paragraphs (1) to (8), inclusive, of subdivision (b) of Section 38625; but need not contain information about the preliminary resolution if none has been adopted. 36627. Following adoption-of the resolution establishing district assessments on properties pursuant to Section 36625 or Section 36626, the clerk of the eity shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different asoesament within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of http -.//W ww.le"o.m.gov /cgi- bin /waisgate ?WAISdocID = 475809168+0+0+0 &WAISacti... 04/03/2012 24 WAiS Document Retrieval benefit that each will derive from the improvements or activities to be provided within the district and may impose different assessment nor rata of assessment on each category of business, or on each category of business within each zone. 36628.5. The city council may .levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The 6ity council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvemente and activities. 36629. All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shaLl, to establish, modify, or disestablish a benefit zone or category of business, follow the prooedure to establish, modify, or disestablish a parking and business improvement area. 36630. If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan say be created and a new district established pursuant to this part. http: / /www.legiufa.mgovlogi- bin /waisgate? WAISdoclD=475809168 +0+0+0 &WAISwti... 04/032012 25 WATS Document Retrieval CALIFORNIA CODES STREETS AND HIGRWAYS CODE SECTION 36631 -86637 36631. The collection of the assessments levied pursuant to this part shall be made at the time and in the manner net forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same - manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part shall be charged interest and penalties. 36632. (.a) The assessments levied an real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city Council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part. (b).Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part. (c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from hhe improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. 36633. The 'validity of an assessment levied under this part shall not be Contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36526. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. 36634. The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. The owners' association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan ehall be made pursuant to this chapter. 3'6636. Is) Upon the written request of the owners' association, the city council may modify the management district plan after http:lA vww. leginfo. m. gov /egi- binlwaisgate7WAISdoctb=47 58751216 +0 +0+0 &WAISae... 04 /03/2012 26 WAIS Document Rehieval conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. 1£ the modification includes the levy of a now or increased assessment, the city council shall comply with Section 36623. Notice of all other public meetings and public hearings pursuant to this section shall comply with both of the following: (1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public meeting. (2) A complete copy of the resolution of intention shall- be mailed by first class mail, at least- 10 days before the public mooting, to each business owner•or property owner affected by the proposed modification. (b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The.public hearing shall be held not more than 90 days after the adoption of the resolution of intention. 36637. Any subsequent modification of the resolution shall be reflected in snbaegeent notices and maps recorded pursuant to Division 4.5 (commencing- with Section 3100), in a manner consistent with the provisions of Section 36627. httpi /www.leginfo.ca.gov /cgi- bin /waisgate7 WAISdwH)= 4758751216 +0+0,+0&WAISac... 04/032012 27 WAIS Document Retrieval CALIFORNIA CODES STREETS AND HIGNNAYS CODE SECTION 36660 36640. (a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Narks -Roos Local Bond Pooling Act of 1985 (Article 4 (<xmmancing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code) . Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years. (c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt. httpl/ www. legmf o. ca .gov /cgi-bin/waisgate?WAISdocID= 4759081683+0+0 0 &WAIS=.. 04103 /2012 9 WAIS Doaunent Retrieval CALIFORNIA CODES STREETS AND HIGHWAYS CODE 'SECTION 36650 -36651 36650.. (a) The owners' association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the coats of the improvements and activities described in the report. The owners' association's first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the asseaments, and any .changes in the classification of property, including ary categories of business, if a classification is used. (b) The report shall be filed with the clerk and shall refer to the property and business -improvement district by came, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district, (2) The improvements and activities to be provided for that fiscal year. (3) An estimate. of the cost of providing the improvements and the activities for that fiscal year. (4) The method and basis of levying the assessment in sufficient detail to allay each real property or business owner, an appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year - (5) The mount of any surplus or deficit revenues to be carried over from a previous fiscal year. (6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part - (e) The city council may approve the report as filed by the owners' association or may modify any particular contained in the report and approve it as modified. Any modification shall be Adds pursuant to Sections 36635 and 3H35, The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived free the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. The management district plan nay, but is nor. required to, state that an owners' association will provide the improvements or activities described. in the management district plan. If the management district plan designates an owners' association, the city shall contract with the designated nonprofit corporation to provide services. httpl /www.leginfo.ca.gov /cgi- bin/ waisgate ?WAISdoclD=1759462177+0+0W& WAISac... 041032012 29 WAIS Document Retrieval CALIFORNIA CODES STREETS AND NIGHWAXS CODE SECTION 34660 36660. (a) Any district previously established whose term has expired, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived free the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon. renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior diatrict. h4: //w .l eginf o. m. gov /ogi- binAvaisg4te?WAISdoclD= 4759702520+0 +0+0 &WAISac... 04/03/2012 30 WAIS Document Retrieval CA.IEVRNIA CODES STREETS AND NZO®Nya CODE SECTION 36670 -36671 36670. (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances: (1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestahlishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessess may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the data of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the area who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestabliah the , district. The city council shall notice a hearing on disastablishment. (b) The city council shall adopt a resolution of intention to dineatabliah the district prior to the public hearing required by this section. The resolution shall state the reason for the disestabliabmant, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the heating on disestablishmant required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment do the district, as appropriate. The city shall conduct the public hearing not leas than 30 days after sailing the notice to the property yr business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. (a) Upon the disestablishment of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assete acquired with the revenues, or from bond reserve or construction foods, shall be refunded to the owners of the property or businesses than located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished. All outstanding assessment revenue collected after diseatablishment shall be spent on improvements and activities specified in the management district plan. (b) If the diseatablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. httpV/ r .leginfo-- gov /egi- bin/ waisgate7WAISdoeD=4759992892+0+( 0 &WAISac... 04/03/2012 APPENDIX Map of Hotels and Resorts to be Assess Within Newport Beach TBID Newport Beach Tourism BID Management District Plan Page 26 J f� / rwV 1 / 1 i \ Vp � O \, -L r vg ` \ O I r�" 2m1 6 m a 33 APPENDIX 3 Newport Beach Tourism BID Addresses & Assessor Parcel Numbers Newport Beach Tourism BID Management District Plan Page 28 Newport Beach Tourism Improvement District Assessed Properties Fairmont Newport Beach APN: 445- 122 -11 Hyatt Regency Newport Beach APN: 440 -132 -41 Newport Beach Marriott Bayview APN: 442 -282 -01 442 -282 -02 442 -282 -03 Newport Beach Marriott Hotel & Spa APN: 442 -011-68 442 -011-69 Radisson Newport Beach APN: 427 -174-04 Balboa Bay Club and Resort APN: 049 -161 -03 049 -161 -05 Newport Dunes Waterfront Resort & Marina APN: 440 -132 -02 440 -132 -03 440- 132 -59 APN — Assessor Parcel Number 4500 MacArthur Boulevard Newport Beach, CA 92660 1107 Jamboree Road Newport Beach, CA 92660 500 Bayview CimleNewport Beach, CA 92660 900 Newport Center Drive Newport Beach, CA 92660 4545 MacArthur Boulevard Newport Beach, CA 92660 1221 West Coast Highway Newport Beach, CA 92663 1131 Back Bay Drive Newport Beach CA 92660 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } €, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2014 -6 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28 "' day of January, 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 2e day of January, 2014. "A 4k �c City Clerk _ Newport Beach, California (Seat