HomeMy WebLinkAbout16 - Tourism Business Improvement DistrictCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 16
April 28, 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: Adoption of Resolution No. 2009 - Forming the Newport Beach
Tourism Business Improvement District (TBID) and Setting the
Assessment to be Levied
RECOMMENDATION:
1. Open the Public Hearing
2. Close the Public Hearing
3. Adopt Resolution No. 2009 - _ establishing the TBID and setting the
assessment to be levied.
DISCUSSION:
Background:
On March 10, 2009 the City Council began the process of establishing a TBID at the
request of six Newport Beach hotels and the Conference and Visitors Bureau (CVB).
The TBID will consist of the six requesting hotels and the CVB. The Management
District Plan does allow for the possibility of other hotels joining at a later date. The
Plan sets the TBID assessment at 2% of gross short-term stay room rental revenues.
The assessment will be passed along to the public as a surcharge. The TBID will
reimburse the City of Newport Beach one quarter of one percent of TBID receipts as a
fee for collection services. The TBID will have an initial term of five years.
On April 14, 2009 the City Council conducted the required Public Meeting on the
proposed TBID formation and proposed assessment to be levied. No one spoke on the
issue.
The next and final steps in the process of creating the TBID are to conduct a Public
Hearing and adopt attached Resolution No. 2009 - . Adoption of the Resolution
establishes the TBID effective immediately. Assessments will begin May 1, 2009.
Public Hearing TBID
April 28, 2009
Page 2
Public Notice:
Notice was published in the Daily Pilot on Saturday, March 14, 2009. The Notice was
for both the Public Meeting held on April 14, 2009 and this Public Hearing, which
required 45 days notice. In addition, those 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:
Leigh M. De Santis,
Economic Development Administrator
Submitted by:
haron Z. Wood///
Assistant City nager
Attachments: Resolution No. 2009 -
March 10, 2009 report to the City Council
April 14 report to the City Council
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DECLARING THE RESULTS OF THE MAJORITY PROTEST
PROCEEDINGS AND FORMING THE NEWPORT BEACH TOURISM
BUSINESS IMPROVEMENT DISTRICT
WHEREAS, the Property and Business Improvement District Law of 1994 (Streets and
Highways Code § 36600 et seq.) authorizes the city to establish a tourism business improvement
districts upon petition by a weighted majority of the lodging business owners located within the
boundaries of the District.
WHEREAS, a majority of the lodging business owners subject to assessment, as
weighted according to the amount of the assessment to be paid by the petitioner, within the
boundaries of the proposed Newport Beach Tourism Business Improvement District (NBTBID)
have petitioned the City Council to establish the NBTBID.
WHEREAS, the lodging business owners subject to assessment who signed the petitions
will pay more than fifty (50) percent of the proposed assessment.
WHEREAS, included with the petitions was a management district plan summary that
describes the proposed assessment to be levied on lodging businesses within the NBTBID to pay
for marketing activities, and those other activities authorized in Streets and Highways Code
§36613.
WHEREAS, the lodging businesses within the NBTBID will be benefited by the
activities and improvements set forth in the Management District Plan.
WHEREAS, at 7:00 p.m. on March 10, 2009, at 3300 Newport Boulevard, Newport
Beach, California 92663, the City Council adopted 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, Resolution Number 2009 -14.
WHEREAS, the public meeting and public hearing to consider the formation of the
NBTBID has been properly noticed in accordance with Streets and Highways Code §36623.
WHEREAS, at 7:00 p.m. on April 14, 2009, at 3300 Newport Boulevard, Newport
Beach, California 92663, the City Council held a public meeting regarding the establishment of
the NBTBID, and no objections or protests to the establishment of the NBTBID and the levy of
the proposed assessment were registered.
WHEREAS, at 7:00 p.m. on April 28, 2009, at 3300 Newport Boulevard, Newport
Beach, California 92663, the City Council held a public hearing regarding the establishment of
the NBTBID, and the City Council heard and received all objections and protests to the
establishment of the NBTBID and the levy of the proposed assessment.
WHEREAS, the City Clerk has determined that there was no majority protest. A
majority protest is defined as written protests received from owners of businesses in the proposed
area which would pay more than fifty percent (50 %) of the assessments proposed to be levied.
Protests are weighted based on the assessment proposed to be levied on each lodging business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
The recitals set forth herein are adopted by the City Council as findings and they are true
and correct.
2. The Newport Beach Tourism Business Improvement District (NBTBID) is hereby
established for a five (5) year term that will expire on April 28, 2014.
3. 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.
4. The revenue from the levy of the assessments on lodging businesses within the NBTBID
may not be used to provide for activities or improvements outside the NBTBID or for any
purpose other than those specified herein and the Resolution of Intention.
5. Assessments levied on lodging businesses pursuant to this Resolution shall be levied on
the basis of benefit. Because the services provided are intended to increase room rentals,
an assessment based on room rentals is the best measure of benefit.
7. The activities and improvements set forth will be funded by the levy of an assessment on
lodging businesses within the NBTBID, as described in the Management District Plan
that is on file with the City Clerk.
No bonds shall issue to fund the NBTBID.
9. The boundaries of the NBTBID shall be the boundaries of the City of Newport Beach.
Please see the attached map, incorporated herein as Exhibit A.
10. 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.
11. The assessments shall be used for the purposes set forth above and any 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 set forth herein.
12. The assessments to fund the activities and improvements for the NBTBID will be
collected at the same time and in the same manner as are transient occupancy taxes, and,
in accordance with Streets and Highways Code §36631.
13. The Newport Beach Conference and Visitors Bureau (NBCVB) shall be the Owners
Association pursuant to Streets and Highways Code §36614.5.
14. The NBCVB, pursuant to Streets and Highways Code §36650, 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 first report shall be due after the first year of operation of the district.
15. Business in the NBTBID established pursuant to this resolution will be subject to any
amendments to the Property and Business Improvement District Law of 1994 (California
Streets and Highways Code §36600 et seq.).
16. The Director of Administrative Service, or his/her designee, is directed to take all
necessary actions to complete the establishment of the NBTBID and to levy the
assessments. The City of Newport Beach shall be reimbursed 0.25% of the TBID receipts
annually for services rendered in connection with the collection of the levy and
disbursement to the TBID.
17. 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 §36627. The text of the
recorded notice shall state that the assessment is levied only against lodging businesses
within the area of the NBTBID.
18. This resolution shall take effect immediately upon its adoption by the City Council. The
collection of the assessment levied by the TBID shall commence May 1, 2009,
I HEREBY CERTIFY that the foregoing resolution of formation was introduced and adopted at
a regular meeting of the City Council on the 28t' day of April 2009 by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Attest:
Edward D. Selich
Mayor
Approved to Form:
City Clerk City Attorney
Newport Beach Tourism BID Management District Boundaries Exhibit A
CITY 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
ig . De Santis, Sharon Z. Wood,
Economic Development Administrator Assistant City M ger
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 Forma 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:
i n ;
Leigh M %De Santis, Sharon Z. Wood,
Economic Development Administrator Assistant City Ma er
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
�iL� 4(- ' j� •r , ;lam-' '- �jt.(��UV
wner Name (pr
Signature Date
Business Owner
Y �r
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 shalt 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
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 wilt 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 shalt 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
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PETITION TO TILE 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
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ve /Owner Narne (printed)
Owner/Representative Signature
.2 -/0 -ny
Date
Exhibit A
Summary of the Manaaement 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
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 begirming 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
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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
Lon N 0woar4- &,
1�LC�tC1P. �• r
Owner Representative IOwner Name (printed)
?- /I,O
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
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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.
Owner Representative /Owner Name (printed)
Sianature Date
Exhibit A
Summary of the Manaeement 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 governrnent 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 famished 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
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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)
-e - ice :)
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 goverrmlent
employees on govermient 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
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D.
I
EL
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
d?OSf
Owner Representative /Owner Name (printed)
Owner /Representative Signature Date
Exhibit A
Sutntnary 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
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 ftunished 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
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NEWPORT BEACH TOURISM BUSINESS
IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN
Submitted to the
Newport Beach Conference and Visitors Bureau
March 2, 2009
by
Downtown Resources
DOW NTOW N
NEWPORT BEACH TOURISM BID
MANAGEMENT DISTRICT PLAN
TABLE OF CONTENTS
1. INTRODUCTION AND OVERVIEW ............................... ................................ 2
II. WHY A TOURISM BID FOR NEWPORT BEACH? ................................................... 3
Ill. WHAT IS A TOURISM BUSINESS IMPROVEMENT DISTRICT? ...........................4
IV. NEWPORT BEACH TOURISM BID BOUNDARY ....................... ..............................4
V. SERVICE PLAN AND BUDGET .................................... ............................................. 7
V1. 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 I
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
country 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 BID 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:
I. 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:
➢ 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 TBID 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 pARP S
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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 government 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 Paee 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 '/< of I% 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 '' /< 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
PAQP A
Newport Beach Tourism BID
VI. BID GOVERNANCE
A. Newport Beach Tourism 011) 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
Pane Q
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 P C1
age 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, constriction, 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.
(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 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.
(c) 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.
(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. "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 1 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 1 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 Pace 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 form a 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
v�ith 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 arnount proposed to be expended for improvements, maintenance and
operations, and debt service in each year of operation of the district.
(t) 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.
(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 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.
(I) 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 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, shalt 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 1194P is
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 Paar 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 heating 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:
(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 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 (commencing 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. (b) 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 inforniation:
(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 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 Beaeli Tourism BID Management District Plan Page 19 i:,'
the property owner of each parcel or to the owner of each business subject to assessment in the
district, as appropriate. The city shalt 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
f�U
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
establislunent 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 10`" day of March 2009 by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Mayor
ATTEST:
City Clerk
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RECEIVED
2(D9 I,A•R -5 M 9* 2u
acv c . ; ~DR. �_,:�•�
Sharon Wood
Assistant City Manager
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92658
Dear Sharon:
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Conference d 41
Visitors Bureau
Please find the attached six petitions from the participating hotels to form the proposed
Tourism Business. Improvement District.
All the
me know if you have any questions.
CEO
taoo Newport Center Drive Suite w Newport Beach, CA 9 =66o Tel: 800-94-COAST Fax: 949-719-6101 visibienpnrthench. Out
RECEIVED
2@9 MAR —5 AM 7: 2.5
PETITION TO THE CITY OF NEWPORT BEA£WG
TO CREATE A TOURISM BUSINESS 1MPROVEMEP�LT.`MTRICT
G?
V a fir;
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.
Lod¢ina Establis /hment Business Owner
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 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 2.00/6 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
ary(ii;visitnewportbeach. corn
11 c
RECEIVED
20 MAR -5 AM 9: 25
PETITION TO THE CITY OF NEWPORT BEACH
TO CREATE A TOURISM BUSINESS IMPROVEA1 fi TRICT.
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.
Lodeine Establishment
Business Owner
Owner Representative/Owner Name (printed)
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 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
ary(i�visitnewportbeachxom
I
RECEIV D
ZM9 MV -5 A3 3. 25
OF OF
PETITION TO THE CITY OF NEWPORT BETS+ OF( i{
TO CREATE A TOURISM BUSINESS 1MPROVENtbW b STR WT
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
Ljpjtj Pawl . l . .
Owner Representative /Owner Name (printed)
a- -/0 -
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 2.01/o 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
garykvisitnewportbeach.com
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RECEIVED
2199 MAR -5 AM 9- 25
PETITION TO THE CITY OF NEWPORT BE 11 C�'HRK
TO CREATE A TOURISM BUSINESS IMPROVEMENTYb
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
�C1C�/SSen � owDe� �
Business Owner
•i �
Exhibit A
Summary of the Manaaement 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
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
gary cr visitnewportbeach.com
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Newport Beach Tourism BIDS _ge _m District Plan Page 6
Newport Beach Tourism BIDS _ge _m District Plan Page 6
RECEI\ /ED
20 MnR —5 AM 9: 2.5
PETITION TO THE CITY OF NEWPORT BEACA,'c'Cc Or
TO CREATE A TOURISM BUSINESS IMPROVEME F H
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.
Lodeine Establishment
Ae /ZalGea Aq:% CCu6
IT'CdOr e'- rl
Name
Business Owner t
12 !. %�G!/e/ lczl�c �urr tL
2 - /0 — G7
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 tern (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
gary visitnewportbeach.com
RECEIVED
20 HAP -5 AN ? 24
07; ': VvE OF
PETITION TO THE CITY OF NEWPORT BEACHOTY C.EN
TO CREATE A TOURISM BUSINESS IMPROVEMEF'CDISTi E i 11
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 1494, 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.
Lodzing Establishment Business Owner
5
Name
2� q.
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 tern (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
garyAvisi tnewportbeach.com
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� Newport Beach Tourism BID Management District Plan Page 6