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HomeMy WebLinkAbout2012-26 - Intent to amend NBTBID Management District PlanRESOLUTION NO. 2012 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO AMEND THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT (NBTBID) MANAGEMENT DISTRICT PLAN AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, in 2009, 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 § 36600 et seq., (the 1994 Law) and a Management District Plan on file with the City Clerk; and WHEREAS, the NBTBID currently includes six hotels and resorts and is managed by the NBTBID's owners' association, Visit Newport Beach, Inc. (VNB). In September 2011, VNB, requested an amendment of the NBTBID's Management District Plan to include additional properties, including the Newport Dunes Waterfront Resort and Marina; 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, BE IT RESOLVED BY THE CITY COUNCIL THAT: 1. The recitals set forth herein are true and correct. 2. The City Council finds that the NBTBID owners' association has requested the modification of the Management District Plan. 3. The City Council declares its intention to amend the NBTBID 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 Plan attached hereto as Exhibit A and incorporated herein by this reference. 4. 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. 5. The name of the district shall remain the Newport Beach Tourism Business Improvement District (NBTBID). 6. The NBTBID shall assess seven (7) hotels within the city limits of Newport Beach 2.0% of gross short term (stays less than 30 days) room rental revenue. 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 and the Newport Dunes Waterfront Resort and Marina. Gross room revenue is defined as total room revenue less any local, state or federal sales taxes or transient occupancy taxes. Lodging business stays of more than 30 consecutive days shall not be assessed. Based on benefits received, stays by airline personnel and government employees on government business shall not be assessed. Similarly, time shares shall not be assessed. 7. The assessments levied for the NBTBID shall be applied toward the activities set forth in the Amended Management District Plan. 8. The time and place for the Public Hearing to consider the NBTBID Amended Management District Plan is April 24, 2012 at 7 p.m. or as soon thereafter as the matter may be heard, at the Council Chambers located at 3300 Newport Boulevard Newport Beach, California. Pursuant to Section 36623 of the 1994 Law, the City Clerk is directed to publish this Resolution of Intention in a newspaper of general circulation at least seven days prior to the Public Hearing. The City Clerk is further directed to provide written notice to the lodging businesses subject to assessment of the date and time of the hearing. 9. At the Public Hearing, the testimony of all interested persons for or against the Amended Management District Plan may be received. If, at the conclusion of the public hearing, there are of record protests by the owners of the lodging businesses within the proposed NBTBID that will pay fifty (50) percent or more of the estimated total assessment of the entire NBTBID, the Management District Plan shall not be amended. 10. The Amended Management District Plan is on file with the City Clerk, 3300 Newport Boulevard Newport Beach, California 92663 and may be reviewed upon request. 11. This resolution shall take effect immediately upon its adoption by the City Council. I HEREBY CERTIFY that the foregoing resolution of intention was introduced and adopted at a regular meeting of the City Council on the 10th day of April 2012. Vote as follows: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner C G Noes: None Mayor Absent: None ATTEST: 70Y �W'Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, 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. 2012 -26 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 10" day of April, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner Noes: None Absent: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11" day of April, 2012. - &w-- City Clerk' Newport Beach, California (Seal)