Loading...
HomeMy WebLinkAbout19 - Tourism Business Improvement DistrictCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 19 April 14, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Leigh M. De Santis, Economic Development Administrator 949 - 644 -3207, Idesantis @city.newport- beach.ca.us SUBJECT: Public Meeting on Proposed Tourism Business Improvement District (TBID) RECOMMENDATION: Receive public comments from anyone wishing to speak on the TBID. DISCUSSION: Background: The 1994 PBID Law requires that as part of the formation process the City Council hold both a Public Meeting and a subsequent Public Hearing prior to acting on the formation of a BID and setting the levy. Attached is the March 10, 2009 report to the City Council explaining the TBID's purpose, work program and proposed assessment. Attached to the staff report is the Management District Plan under which the TBID would operate if approved. Public Notice: Notice was published in the Daily Pilot on Saturday, March 14, 2009, The Notice was for both this Public Meeting and the April 28, 2009 Public Hearing, which requires 45 days notice. In addition the six businesses that would become members of the TBID were sent written notice by certified mail on March 11, 2009. Signature cards show all six received notice on March 12, 2009. Prepared by: Submitted by: Public Meeting TBID April 14, 2009 Page 2 � �'= -� ,�-� l'1- t hp.,��'cvt -Ct�� d'"V�G4it�c✓ 1 dig . De Santis, Sharon Z. Wood,,.' Economic Development Administrator Assistant City Mip6ger Attachments: March 10, 2009 report to the City Council CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 March 10. 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Leigh M. De Santis, Economic Development Administrator, 949 - 644 -3207, Idesantis @city.newport- beach.ca.us SUBJECT: Request to Form a Tourism BID under the 1994 PBID Law ISSUE: Will the City Council support the formation of a Tourism Business Improvement District? RECOMMENDATION: Agree to consider the formation of a Tourism Business Improvement District (TBID) by taking the following actions: 1. Accept the petitions. 2. Review and accept the Tourism BID Draft Management District Plan. 3. Adopt the Resolution of Intention to Establish the TBID and set the Public Meeting and Public Hearing Dates for the City Council Meetings of April 14 and 28, 2009 respectively. 4. Establish an Administrative Fee of 0.25% to cover City administrative support services. DISCUSSION: Background: The Newport Beach Conference and Visitors Bureau working in conjunction with six of the major hotels in the City of Newport Beach, is proposing the creation of a TBID. Request to Form a TBID March 10, 2009 Page 2 The TBID would be comprised of the following hotels, all located within the boundaries of the City of Newport Beach. It would be administered / governed by an executive body consisting of the entire Conference and Visitors Bureau Board (CVB Board) advised by a sub - committee of the CVB Board members from the member hotels. 1. The Fairmont Newport Beach, 2. The Hyatt Regency Newport Beach, 3. The Newport Beach Marriott Bayview, 4. The Newport Beach Marriott Hotel & Spa, 5. The Radisson Newport Beach, and 6. The Balboa Bay Club and Resort. The City of Newport Beach currently has four Business Improvement Districts. Three are geographical and one is citywide for the restaurant / food and beverage industry. The TBID would most closely resemble the Restaurant Association BID. The four existing BIDS are all organized under the BID Law of 1989. The 1989 Law requires annual renewal of each BID. The TBID would like to operate under the PBID Law of 1994. This 1994 Law differs in several significant ways: 1. Owners paying more than 50% of the proposed assessment must sign petitions supporting formation before the City Council may take action on a Resolution of Intention. 2. The BID petitioners must submit for approval a Management District Plan that addresses twelve items enumerated in Streets and Highways Code Section 36622. 3. The initial BID term may be set at one to five years. Renewals may be for up to ten years at a time. 4. The 1994 Law allows a BID to sell bonds if authorized in the formation documents. Attached to this report are the signed petitions, the Management District Plan and a Resolution of Intention setting the Public Meeting for April 14, 2009 and the Public Hearing for April 28, 2009. The TBID is proposing an initial approval period of five (5) years. Request to Form a TBID March 10, 2009 Page 3 Description of the Proposed TBID At this time only the six named hotels are proposed to be included in the TBID. The Management Plan does allow other hotels to petition for admittance at a later date with approval of the TBID Board and City. The term of the TBID is proposed to be five years. The purpose of the TBID is to • Increase tourism, especially over -night stay in Newport Beach, • Market the Newport Beach Area, for tourism and as an event venue; • Promote tourism activities; • Generate sales lead for members; and • Other related activities as deemed to advance the TBID's purpose. To fund the TBID activities the six hotels are proposing to impose on themselves, a levy consisting of an annual assessment set at a rate of 2.0% of gross short-term room rental revenue. Short-term room rentals are stays of fewer than 30 days. Any stay of more than 30 consecutive days would not be assessed. The proponents also propose to not assess stays by airline personnel and /or government employees on government business. Stays at time shares would not be assessed. It is the proponents' plan to pass the assessment along to the public as a surcharge on their room nights. This means a hotel bill would show at least four charges (although staff understands that some hotel bills combine the TOT and Visitor Service Fee): Nightly room rental $$$ Transient Occupancy Tax 9.0% Visitor Service Fee 1.0% Tourism BID Assessment 2.0% Total 12.0% If adopted following the April public hearing, the fee would commence May 1, 2009. The proposed budget for the first year of the TBID's operation is approximately $1.7 million dollars. The TBID authors have stated that the TBID is not seeking the authority to sell bonds, and their Management District Plan specifically says this authority is not created. While the TBID would be administered by the Newport Beach Conference and Visitors Bureau Board, the City has been asked to be their financial agent collecting and remitting the money in the same manner the City has been returning a portion (18 %) of the TOT and the Visitor Service Fee. When the 1% Visitor Service Fee was initially adopted, its purpose was to cover the City's administrative costs of tracking and reimbursing a portion of the TOT. A few Request to Form a TBID March 10, 2009 Page 4 years ago the Visitor Service Fee was redirected to the CVB. With the addition of the Tourism BID fee, which will have to be accounted for separately both because of the law and because it comes from just six hotels, staff is proposing that a small fee for services be charged to the TBID. The proposed fee is 0.25% of TBID receipts. Of the estimated $1.7 million annually the TBID anticipates receiving, the fee would be approximately $4,250 to cover staff time spent on behalf of the TBID to calculate and remit funds. Environmental Review: Under the definitions of CEQA the formation of an assessment district is not a project. Public Notice: The attached Resolution of Intention if adopted will set a Public Meeting and Public Hearing date and time for consideration of establishing the TBID and levying the assessment. Notice of the Public Hearing will be provided as required by law. Alternatives: 1. Do not agree to hold a Public Hearing on creating a Tourism Business Improvement District. 2. Adopt the Resolution but do not assess a City administrative fee. 3. Adopt the Resolution but set a City administrative fee at a different rate or amount. Prepared by: Submitted by: h n Leigh M! %be Santis, Sharon Z. Wood, Economic Development Administrator Assistant City Ma e Attachments: Petitions Management District Plan Resolution of Intent PETITION TO THE CITY OF NEWPORT BEACH TO CREATE A TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to create a Tourism Business Improvement District (TBID) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TBID as described in the attached summary of the Management District Plan attached hereto as Exhibit A. Lodging Establishment 4 1 z n iwner Name Business Owner 1 1 � 1' ,k Signature Date Exhibit A Summary of the Management District Plan The Management District Plan provides for the provision of sales promotions and marketing programs for the Newport Beach area. The Newport Beach Tourism Business Improvement District ( NBTBID) shall be established for 5 years and will raise approximately $2,300,000 per year in assessments. The NBTBID shall assess six (6) 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, and the Balboa Bay Club and Resort. Lodging business stays of more than 30 consecutive days shall not be assessed. Based on the benefit received, stays by airline personnel and govermment employees on government business shall not be assessed. Similarly, stays at time shares shall not be assessed. A detailed map is attached. Additional Iodging facilities that wish to pay the assessment and receive NBTBID services in the future may do so with the approval of the NBCVB Board and through the execution of an agreement with the City. Services the NBTBID will provide include sales promotion and marketing programs designed to market Newport Beach as a tourist, meeting and event destination. The proposed District NBTBID will have a five -year life. The NBTBID assessment will be implemented beginning May 1, 2009 and will be in effect for five years. After five years, the petition and City Council hearing process must be repeated for the NBTBID to be renewed. Also, once per year there is a 30 day period in which owners paying more than 50% of the assessment may protest and terminate the district. A complete Management District Plan can be obtained by contacting the Newport Beach Conference & Visitors Bureau at the address or phone number below. A complete Management District Plan shall be furnished upon request. If you have any questions please contact us at: Newport Beach Conference & Visitors Bureau 1200 Newport Center Drive, Suite 120 Newport Beach, California 92660 949 - 719 -6100 ctt ;i Viijwewpot tbeach,coth v�o ,,wy W , , 611d Ga . . . . . . . . . . . . ewport Beach Tourism BID Management District Plan Page 6 PETITION TO THE CITY OF NEWPORT BEACH TO CREATE A TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to create a Tourism Business Improvement District (TBID) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TBID as described in the attached summary of the Management District Plan attached hereto as Exhibit A. Lodging Establishment Business fawner Name (printed) Owner/Representative Signature " Date Exhibit A Summary of the Management District Plan The Management District Plan provides for the provision of sales promotions and marketing programs for the Newport Beach area. The Newport Beach Tourism Business hnprovement District ( NBTBID) shall be established for 5 years and will raise approximately $2,300,000 per year in assessments. The NBTBID shall assess six (6) 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, and the Balboa Bay Club and Resort. Lodging business stays of more than 30 consecutive days shall not be assessed. Based on the benefit received, stays by airline personnel and government employees on government business shall not be assessed. Similarly, stays at time shares shall not be assessed. A detailed map is attached. Additional lodging facilities that wish to pay the assessment and receive NBTBID services in the future may do so with the approval of the NBCVB Board and through the execution of an agreement with the City. Services the NBTBID will provide include sales promotion and marketing programs designed to market Newport Beach as a tourist, meeting and event destination. The proposed District NBTBID will have a five -year life. The NBTBID assessment will be implemented beginning May 1, 2009 and will be in effect for five years. After five years, the petition and City Council hearing process must be repeated for the NBTBID to be renewed. Also, once per year there is a 30 day period in which owners paying more than 50% of the assessment may protest and terminate the district. A complete Management District Plan can be obtained by contacting the Newport Beach Conference & Visitors Bureau at the address or phone number below. A complete Management District Plan shall be furnished upon request. If you have any questions please contact us at: Newport Beach Conference & Visitors Bureau 1200 Newport Center Drive, Suite 120 Newport Beach, California 92660 949 - 719 -6100 �<<ir, ii�_isipl��cxxtbeaeh.cgm FQJy ys P809a . ......... . . ........ ewport Beach Tourism BID Management District Plan 9d YO, Page 6 PETITION TO THE CITY OF NEWPORT BEACH TO CREATE A TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to create a Tourism Business Improvement District (TBID) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TBID as described in the attached summary of the Management District Plan attached hereto as Exhibit A. -II Lodging Establishment C'/ Sr]h Dhf'} �a, �. Owner Representative /Owner Name (printed) a - /l - u Signature Date Business Owner Exhibit A Summary of the Management District Plan The Management District Plan provides for the provision of sales promotions and marketing programs for the Newport Beach area. The Newport Beach Tourism Business Improvement District ( NBTBID) shall be established for 5 years and will raise approximately $2,300,000 per year in assessments. The NBTBID shall assess six (6) 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, and the Balboa Bay Club and Resort. Lodging business stays of more than 30 consecutive days shall not be assessed. Based on the benefit received, stays by airline personnel and government employees on government business shall not be assessed. Similarly, stays at time shares shall not be assessed. A detailed map is attached. Additional lodging facilities that wish to pay the assessment and receive NBTBID services in the firture may do so with the approval of the NBCVB Board and through the execution of an agreement with the City. Services the NBTBID will provide include sales promotion and marketing programs designed to market Newport Beach as a tourist, meeting and event destination. The proposed District NBTBID will have a five -year life. The NBTBID assessment will be implemented beginning May 1, 2009 and will be in effect for five years. After five years, the petition and City Council hearing process must be repeated for the NBTBID to be renewed. Also, once per year there is a 30 day period in which owners paying more than 50% of the assessment may protest and terminate the district. A complete Management District Plan can be obtained by contacting the Newport Beach Conference & Visitors Bureau at the address or phone number below. A complete Management District Plan shall be furnished upon request. If you have any questions please contact us at: Newport Beach Conference & Visitors Bureau 1200 Newport Center Drive, Suite 120 Newport Beach, California 92660 949 - 719 -6100 I_ �_.:. '.`. ,_i5ttnc�}_)nrE,��'rtch.c<<r•�. let, Sa 2?yy W 0, ed /bra &Ivcf E M ewport Beach Tourism BID Management District Plan Page 6 PETITION TO THE CITY OF NEWPORT BEACH TO CREATE A TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to create a Tourism Business Improvement District (TBID) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TBID as described in the attached summary of the Management District Plan attached hereto as Exhibit A. Lodging Establishment Business Owner Owner Revresentati, ve Signature Date Exhibit A Summary of the Management District Plan The Management District Plan provides for the provision of sales promotions and marketing programs for the Newport Beach area. The Newport Beach Tourism Business Improvement District (NBTBID) shall be established for 5 years and will raise approximately $2,300,000 per year in assessments. The NBTBID shall assess six (6) 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, and the Balboa Bay Club and Resort. Lodging business stays of more than 30 consecutive days shall not be assessed. Based on the benefit received, stays by airline personnel and government employees on government business shall not be assessed. Similarly, stays at time shares shall not be assessed. A detailed map is attached. Additional lodging facilities that wish to pay the assessment and receive NBTBID set-vices in the future may do so with the approval of the NBCVB Board and through the execution of an agreement with the City. Services the NBTBID will provide include sales promotion and marketing programs designed to market Newport Beach as a tourist, meeting and event destination. The proposed District NBTBID will have a five -year life. The NBTBID assessment will be implemented beginning May 1, 2009 and will be in effect for five years. After five years, the petition and City Council hearing process must be repeated for the NBTBID to be renewed. Also, once per year there is a 30 day period in which owners paying more than 50% of the assessment may protest and terminate the district. A complete Management District Plan can be obtained by contacting the Newport Beach Conference & Visitors Bureau at the address or phone number below. A complete Management District Plan shall be furnished upon request. If you have any questions please contact us at: Newport Beach Conference & Visitors Bureau 1200 Newport Center Drive, Suite 120 Newport Beach, California 92660 949 - 719 -6100 LS itnewpor_[beach. corn, ,.-. y -�-- . . `aIbll Swd Jy lewport Beach Tourism BID Management District Plan Page __ 6 PETITION TO THE CITY OF NEWPORT BEACH TO CREATE A TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to create a Tourism Business Improvement District (TBID) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TBID as described in the attached summary of the Management District Plan attached hereto as Exhibit A. Lodging Establishment Business Owner Owner Representative /Owner Name (printed) y _ . Owrier/kepresentative Signature Date Exhibit A Summary of the Management District Plan The Management District Plan provides for the provision of sales promotions and marketing programs for the Newport Beach area. The Newport Beach Tourism Business Improvement District ( NBTBID) shall be established for 5 years and will raise approximately $2,300,000 per year in assessments. The NBTBID shall assess six (6) 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, and the Balboa Bay Club and Resort. Lodging business stays of more than 30 consecutive days shall not be assessed. Based on the benefit received, stays by airline personnel and govermnent employees on government business shall not be assessed. Similarly, stays at time shares shall not be assessed. A detailed map is attached. Additional lodging facilities that wish to pay the assessment and receive NBTBID services in the Riture may do so with the approval of the NBCVB Board and through the execution of an agreement with the City. Services the NBTBID will provide include sales promotion and marketing programs designed to market Newport Beach as a tourist, meeting and event destination. The proposed District NBTBID will have a five -year life. The NBTBID assessment will be implemented beginning May 1, 2009 and will be in effect for five years. After five years, the petition and City Council hearing process must be repeated for the NBTBID to be renewed. Also, once per year there is a 30 day period in which owners paying more than 50% of the assessment may protest and terminate the district. A complete Management District Plan can be obtained by contacting the Newport Beach Conference & Visitors Bureau at the address or phone number below. A complete Management District Plan shall be furnished upon request. If you have any questions please contact us at: Newport Beach Conference & Visitors Bureau 1200 Newport Center Drive, Suite 120 Newport Beach, California 92660 949 - 719 -6100 uirt ii t' si tile woo!'lbcac,h.coIII 113 q 1p Ga stn ,/o cam" A .. ... .... ewport Beach Tourism BID Management District Plan Page 6 PETITION TO THE CITY OF NEWPORT BEACH TO CREATE A TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to create a Tourism Business Improvement District (TBID) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TBID as described in the attached summary of the Management District Plan attached hereto as Exhibit A. Lodging Establishment /Business Owner �� rL/7 Cf 09✓� i r:fn2s'� Name (printed) Owner/Representative Signature Date Exhibit A Summary of the Management District Plan The Management District Plan provides for the provision of sates promotions and marketing programs for the Newport Beach area. The Newport Beach Tourism Business Improvement District (NBTBID) shall be established for 5 years and will raise approximately $2,300,000 per year in assessments. The NBTBID shall assess six (6) 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, and the Balboa Bay Club and Resort. Lodging business stays of more than 30 consecutive days shall not be assessed. Based on the benefit received, stays by airline personnel and government employees on government business shall not be assessed. Similarly, stays at time shares shall not be assessed. A detailed map is attached. Additional lodging facilities that wish to pay the assessment and receive NBTBID services in the future may do so with the approval of the NBCVB Board and through the execution of an agreement with the City. Services the NBTBID will provide include sates promotion and marketing programs designed to market Newport Beach as a tourist, meeting and event destination. The proposed District NBTBID will have a five -year life. The NBTBID assessment will be implemented beginning May 1, 2009 and will be in effect for five years. After five years, the petition and City Council hearing process must be repeated for the NBTBID to be renewed. Also, once per year there is a 30 day period in which owners paying more than 50% of the assessment may protest and terminate the district. A complete Management District Plan can be obtained by contacting the Newport Beach Conference & Visitors Bureau at the address or phone number below. A complete Management District Plan shall be furnished upon request. If you have any questions please contact us at: Newport Beach Conference & Visitors Bureau 1200 Newport Center Drive, Suite 120 Newport Beach, California 92660 949 -719 -6100 i'Ylf �'ti t(5l lilca'.:�'.i itaa; ?C_I._......... NY W 1*bo, SIVC, ewport Beach Tourism BID Management District Plan Page 6 NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN Submitted to the Newport Beach Conference and Visitors Bureau March 2, 2009 by Downtown Resources D Qg N TQ W N NEWPORT .BEACH TOURISM BID MANAGEMENT DISTRICT PLAN TABLE OF CONTENTS I. INTRODUCTION AND OVERVIEW ................................. ............................... 2 IL WHY A TOURISM BID FOR NEWPORT BEACH? ..................... ..............................3 III. WHAT IS A TOURISM BUSINESS IMPROVEMENT DISTRICT ? ...........................4 IV. NEWPORT BEACH TOURISM BID BOUNDARY ....................... ..............................4 V. SERVICE PLAN AND BUDGET .................................................... ..............................7 VI. TOURISM BID GOVERNANCE... ......... ............................ ......................................... 9 APPENDIX 1 — THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 ............................................................................... .............................10 APPENDIX 2 — LODGING BUSINESSES TO BE ASSESSED WITHIN NEWPORT BEACH TBID........................................................................................................... .............................21 Newport Beach Tourism BID Management District Plan Page 1 I. INTRODUCTION AND OVERVIEW Developed by the Newport Beach Conference and Visitors Bureau ( NBCVB), the Newport Beach Tourism Business Improvement District (NBTBID) is a benefit assessment district proposed to help fund marketing and sales promotion efforts for Newport Beach lodging businesses. This approach has been used successfully in other destination areas throughout the county to improve tourism and drive additional room nights. 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 six hotels that will be assessed within the City of Newport Beach. Budget: The total NBTBID budget for year one of its five (5) year operation is a base of approximately $1.7 million. Cost: Annual assessment rates are 2.0% of gross short term (stays less than 30 days) room rental revenue on six lodging businesses within the City limits of Newport Beach. 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, and the Balboa Bay Club and Resort. Lodging business stays of more than 30 consecutive days shall not be assessed. Based on the benefit received, stays by airline personnel and government employees on government business shall not be assessed. Similarly, stays at time shares shall not be assessed. Additional lodging facilities that wish to pay the assessment and receive NBTBID services in the future may do so with the approval of the NBCVB Board and through the execution of an agreement with the City. Formation: TBID formation requires submittal of petitions from lodging businesses 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 will receive notice of the public meeting and the public hearing by mail. If there is a majority written protest, the TBID will not be formed. Duration: The proposed District NBTBID will have a five -year life. The NBTBID assessment will be implemented beginning May 1, 2009 and will be in effect for five years. After five years, the petition and City Council hearing process must be repeated for the NBTBID to be renewed. Also, once per year there is a 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 2 II. WHY A TOURISM BI.D FOR NEWPORT BEACH? There are several reasons why now is the right time to form a Tourism BID in Newport Beach; the most compelling reasons are as follows: 1. The Need to Increase Occupancy The formation of the NBTBID is a proactive effort to provide supplemental funding beyond that provided by the City of Newport Beach. The funding ensures the NBCVB has adequate financing for the investment required to increase occupancy in the lodging industry and reach competitive in the conference segment of the tourism market. The investment will cover an expanded marketing and promotional budget needed to reach this market segment. 2. An Opportunity for Increasing City Tax Revenues As occupancy rates increase, so too will the City's TOT revenue. With stable public /private funding for the NBCVB, 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 a NBTBID in partnership with the NBCVB creates a stable funding source tied directly to tourism promotion 3. The Ability to Grow the Economy without Substantial Development The NBCVB expects to achieve the above levels of revenue growth without a proportionate increase in the "footprint" of the tourism industry infrastructure. 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. Newport Beach Tourism BID Management District Plan Page 3 III. WHAT IS A TOURISM BUSINESS .IMPROVEMENT DISTRICT? Tourism Business Improvement Districts (TBIDs) utilize the efficiencies of private sector operation in the market -based promotion of tourism districts. Tourism BIDS allow lodging and tourism - related business owners to organize their efforts to increase tourism. Tourism- related business owners within the district fund a TBID, and those funds are used to provide services that the businesses desire and that benefit the lodging businesses within the District. Tourism BID services may include, but are not limited to: ➢ Marketing of the Area ➢ Tourism Promotion Activities ➢ Sales Lead Generation In California, Tourism BIDS are formed pursuant to the Property and Business Improvement District Law of 1994 (PBID Law). This law allow for the creation of a special benefit assessment district to raise funds within a specific geographic area. The key difference between TBIDs and other special benefit assessment districts is that funds raised are returned to the private non -profit corporation governing the district.. There are many benefits to Tourism BIDS: i Funds cannot be diverted for other government programs; ➢ Tourism BIDs are customized to fit the needs of each tourism district; ➢ They allow for a wide range of services, including those listed above; ➢ Tourism BIDs are designed, created and governed by those who will pay the assessment; The statute requires petition support from lodging businesses paying over 50% of the annual proposed assessments; ➢ They provide a stable funding source for tourism promotion. The Property and Business Improvement District Law of 1994 (AB 3754), as amended January 1, 2008, is provided in Appendix 1 of this document. Newport Beach Tourism BID Management District Plan Page 4 IV. NEWPORT BEACH TB:ID BOUNDARY The Newport Beach TBID will include six lodging businesses available for public occupancy within the boundaries of the City of Newport Beach. The hotels to be included 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, and the Balboa Bay Club and Resort. The boundary currently includes 6 lodging business. Please see the map below. A larger map is available on request by calling (949) 719 -6100. Newport Beach Tourism BID Management District Plan Page 5 G. 611d Dwport Beach Tourism BID Management District Plan Page 6 V. SERVICE PLAN AND BUDGET A. Assessment The Newport Beach TBID will include six lodging businesses of 100 rooms or more, existing or in the future, available for public occupancy within the boundaries of the City of Newport Beach. The hotels to be included 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, and the Balboa Bay Club and Resort. Based on benefits received, stays by airline personnel and govermnent employees on government business shall not be assessed. Similarly, time shares shall not be assessed. Additional lodging facilities that wish to pay the assessment and receive NBTBID services in the future may do so with the approval of the NBCVB Board and through the execution of an agreement with the City. Bonds will not be issued. 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 distinct 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 in this Management District Plan are designed to provide targeted services to the assessed lodging businesses. These services are tailored not to serve the general public, but rather to serve the specific lodging businesses within the District, e.g., the proposed activities are specifically targeted to increase room nights for assessed lodging businesses within the boundaries of the District, and are narrowly tailored. For example, only the assessed lodging businesses will receive sales leads from the sales efforts paid for with TBID monies. In addition, listing on websites and collateral materials paid for with TBID monies will only include the six assessed businesses. Newport Beach Tourism BID Management District Plan Page 7 The activities paid for from assessment revenue are lodging business 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 business assessments. C. Time and Manner for Collecting Assessments The NBTBID assessment will be implemented beginning May 1, 2009 and will continue for five years. 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 six lodging business located in that the boundaries of the TBID. Assessments shall be collected monthly and the City shall take all reasonable efforts to collect the assessments from each lodging business. The City of Newport Beach shall forward the assessments to the NBCVB which will have the responsibility to manage the BID programs as provided in the Management District Plan. The City shall charge a fee of up to' /4 of 1% of the budget,to cover its administrative expenses. D. 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 five year improvement and service plan budget is projected at approximately $1.7 million annually, or $8.5 million through 2014. The assessments collected will fund the direct sales efforts for group sales to generate room nights at the six participating hotels. The direct sales budget will include: • Sales and Marketing • Communications and Advertising • Administration and Advocacy Additionally, the City will collect'/4 of 1% of the total assessment for administrative expenses. E. Annual Service Plan: A service plan budget has been developed to deliver service levels throughout the District. An annual service plan and budget will be developed and approved by the NBCVB Board. Please see the budget exhibit below. The budget also includes a portion for contingencies and renewal of the District. Should the NBCVB Board approve, funds may be appropriated for the renewal effort. If there are funds remaining at the end of the District term and lodging businesses 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 lodging businesses choose not to renew, any remaining funds will be spent consistent with this Plan. This service plan will only include hotels that are participating in the NBTBID. Newport Beach Tourism BID Management District Plan Page 8 Newport Beach Tourism BID VI. BID GOVERNANCE A. Newport Beach Tourism BID Corporation Governance The NBCVB shall serve as the Owners' Association for the NBTBID. The Executive Director or Tourism Director of the NBCVB shall be charged with the day -to -day operations of the Tourism BID. Newport Beach Tourism BID Management District Plan Page 9 APPENDIX 1 — THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 APPENDIX 1— THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 STREETS AND HIGHWAYS CODE SECTION 36600 -36604 Amended January 1, 2009 Declarations 36600. This part shall be known and may be cited as the "Property and Business Improvement District Law 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 ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Newport Beach Tourism BID Management District Plan Page 10 Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 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. Definitions 36606. "Assessment" means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the properties or businesses located within a property and business improvement district. 36607. 'Business" 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 includes only cities, counties, or a city and county. 36609. "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. "Improvement' 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 following: (a) Parking facilities. (b) Benches, booths, kiosks; display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms. (d) Lighting and heating facilities. (e) Decorations. (i) 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 thearea. (k) Ramps, sidewalks, plazas, and pedestrian malls. (1) Rehabilitation or removal of existing structures. Newport Beach Tourism BID Management District Plan Page 11 36611. "Property and business improvement district," or "district," means a property and business improvement district established pursuant to this part. 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. (e) Promotion of tourism within the district. (d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (0 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. "Owners' 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 I of Division 2 of Title 5 of the Government Code), at all times 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 I of the Government Code), for all documents relating to activities of the district. 36615. "Property owner" or "owner" means" any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. The city council has no obligation to obtain other information as to the ownership of land, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this subdivision requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. 36616. "Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. Prior Law 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 improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Newport Beach Tourism BID Management District Plan Page 12 Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part. Establishment 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 the board of supervisors of that county. A city may 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, signed 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 forma district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess 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: (a) 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. (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 Newport Beach Tourism BID Management District Plan Page 13 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 pursuant 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 maximum 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. (f) 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. (i) The proposed time for implementation and completion of the management district plan. 0) 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 be 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 may nevertheless be included within the boundaries of the district but shall not 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 leery a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of 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 be 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 person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records Newport Beach Tourism BID Management District Plan Page 14 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. If written protests are received from the owners of businesses in the proposed district which will pay 50 percent or more of the assessments proposed to be levied and protests are 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, revisions, 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 or. businesses 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 or 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 recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan. Newport Beach Tourism BID Management District Plan Page 15 36626. 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 36625, but need not contain information about the preliminary resolution if none has been adopted. 36627. Following adoption of the resolution establishing the district pursuant to Section 36625 or 36626, the clerk of the city shall record a notice and an assessment diagram pursuant to Section 3114. If the assessment is levied on businesses, the text of the recorded notice shall be modified to reflect that the assessment will be levied on businesses, or specified categories of businesses, within the area of the district. 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 assessment 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 benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate 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 city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements 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 procedure 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 may be created and a new district established pursuant to this part. Assesments 36631. The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution establishing the management district plan described in Section 36622. 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. Newport Beach Tourism BID Management District Plan Page 16 36632. (a) The assessments levied on 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 the 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 36626. 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 shall be made pursuant to this chapter. 36636. (a) Upon the written request of the owners' association, the city council may modify the management district plan after 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. If the modification includes the levy of a new 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: (I) 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 meeting, 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 subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. Newport Beach Tourism BID Management District Plan Page 17 Financing 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 Marks -Roos Local Bond Pooling Act of 1985 (Article 4 ( commmencing 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. Governance 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 costs 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 assessments, and any changes in the classification of property, including any categories of business, if a classification is used. (6) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal. year, shall contain all of the following information: (I) 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 allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year. (5) The amount 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. (c) 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 Newport Beach Tourism BID Management District Plan Page 18 modification shall be made pursuant to Sections 36635 and 36636. 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 from 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 may, but is not 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. 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 from 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 district. Disestablishment 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 disestablishment. (2) During the operation of the district, there shall be a 30 -day period each year in which assessees 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 date 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 of real property or 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 disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, 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 hearing on disestablishment required by this section shall be given by mail to Newport Beach Tourism BID Management District Plan Page 19 the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate_ The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or 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 assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then 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 disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment 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. Newport Beach Tourism BID Management District Plan Page 20 APPENDIX 2 - LODGING BUSINESSES TO BE ASSESSED WITHIN THE NBTBID: Newport Beach Tourism BID Management District Plan Page 21 RESOLUTION NO. 2009 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ESTABLISH THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT (NBTBID) AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes cities to establish property and business improvement districts for the purposes of promoting tourism. WHEREAS, the Newport Beach Conference and Visitors Bureau ( NBCVB) composed of lodging business owners, members of the business community and representatives from the City of Newport Beach have met to consider the formation of the Newport Beach Tourism Business Improvement District (NBTBID). WHEREAS, the NBCVB has drafted a Management District Plan which sets forth the proposed boundary of the NBTBID, a service plan and budget, and a proposed means of governance. WHEREAS, lodging business owners paying more than 50% of the proposed assessment have petitioned the City Council to establish the NBTBID. 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 lodging businesses that will pay more than fifty (50) percent of the assessment proposed in the Management District Plan have signed and submitted petitions in support of the formation of the NBTBID. The City Council accepts the petitions and adopts this resolution of intention to establish the NBTBID and to levy an assessment on certain lodging businesses within the NBTBID boundaries in accordance with the Property and Business Improvement District Law of 1994. 3. The City Council finds that the Management District Plan satisfies all requirements of Streets and Highways Code § 36622. 4. The City Council declares its intention to establish the NBTBID and to levy and collect assessments on lodging businesses within the NBTBID boundaries pursuant to the Property and Business Improvement District Law of 1994. 5. The boundaries of the NBTBID shall be the boundaries of the City of Newport Beach, as depicted on the attached map, incorporated herein as Exhibit A. 6. The name of the district shall be the Newport Beach Tourism Business Improvement District (NBTBID). 7. The NBTBID shall assess six (6) 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, and the Balboa Bay Club and Resort. 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. 8. The assessments levied for the NBTBID shall be applied toward sales promotion and marketing programs to market Newport Beach as a tourist, meeting and event destination, and other activities as set forth in Streets and Highways Code § 36613. Funds remaining at the end of any year may be used in subsequent years in which NBTBID assessments are levied as long as they are used consistent with the requirements of this resolution. 9. The NBTBID will have a five (5) year term unless renewed pursuant to Streets and Highways Code § 36660. 10. No bonds will be issued. 11. The time and place for the public meeting to hear public testimony regarding establishment of the NBTBID and the levy of assessments are set for April 14, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Council Chambers located at 3300 Newport Boulevard Newport Beach, California. 12. The time and place for the Public Hearing to establish the NBTBID and the levy of assessments are set for April 28, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Council Chambers located at 3300 Newport Boulevard Newport Beach, California. The City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the hearing and to provide that notice required by Streets and Highways Code § 36623. 13. At the public hearing the testimony of all interested persons for or against the establishment of the NBTBID may be received. If at the conclusion of the public hearing, there are of record written 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, no further proceedings to establish the NBTBID shall occur. 14. The complete Management District Plan is on file with the City Clerk, 3300 Newport Boulevard Newport Beach, California 92663 and may be reviewed upon request. 15. 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 101" day of March 2009 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Mayor ATTEST: City Clerk lewport Beach Tourism BID Management District Plan Page 6