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Home My WebLink About2013-89 - Declaring its Intention to Renew the Newport Beach Tourism Business Improvement District and Fixing the Time and Place of a Public Meeting and a Public Hearing Thereon and Giving Notice ThereofRESOLUTION NO. 2013 -89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO RENEW THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT. DISTRICT 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 Sections 36600 et seq., authorizes cities and counties to establish property and business improvement districts for the purposes of promoting tourism; and WHEREAS, the City Council created the Newport Beach Tourism Business Improvement District (NBTBID) by Resolution No. 2009 -21 on April 28, 2009; and WHEREAS, Visit Newport Beach (VNB) representatives, lodging business owners, and representatives from the City of Newport Beach (City) have met to consider the renewal of the NBTBID; and WHEREAS, Visit Newport Beach has drafted a Management District Plan (MDP) which sets forth the proposed boundary of the NBTBID, a service plan and budget, and a proposed means of governance; and WHEREAS, a majority of the lodging business owners subject to assessment under the NBTBID have petitioned the City Council to renew the NBTBID. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The recitals set forth herein are true and correct. Section 2: The City Council finds that the lodging businesses that will pay more than fifty percent (50 %) of the assessment proposed in the MDP have signed and submitted petitions in support of the renewal of the NBTBID. The City Council accepts the petitions and adopts this resolution of intention to renew 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. Section 3: The City Council finds that the MDP satisfies all requirements of California Streets and Highways Code Section 36622. Section 4: The City Council declares its intention to renew 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. Section 5: 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. The renewed NBTBID includes eight (8) lodging businesses located within the boundaries of the City of Newport Beach, and other hotels and resorts that may join the NBTBID in the future. The NBTBID shall include the Fairmont Newport Beach, the Hyatt Regency Newport Beach, the Newport Beach Marriott Bayview, the Newport Beach Marriott Hotel & Spa, the Radisson Newport Beach, the Balboa Bay Club and Resort (a.k.a., Balboa Bay Resort), the Newport Dunes Waterfront Resort and Marina, the Island Hotel Newport Beach, and any other hotel and resort business that may join NBTBID in the future. Additional hotels and resorts that wish to pay the assessment and receive NBTBID services in the future may do so upon the approval of a majority of the then existing membership of the NBTBID, and through the execution of an agreement with the City, approved by the City Council, after a noticed public hearing consistent with California Streets and Highways Code Sections 36623 and 36637, as the same may be amended from time -to- time. Section 6: The name of the renewed district shall remain Newport Beach Tourism Business Improvement District. Section 7: The annual assessment rate is three percent (3.0 %) of gross short -term (stays less than thirty (30) calendar days) room rental revenue. Because programs will not be designed to attract certain stays, certain types of stays will not be assessed, as described in the MDP. Section 8: The assessments levied for the NBTBID shall be applied to provide specific benefits directly to assessed businesses by increasing room night sales. Marketing, sales promotions, advertising, and communications will increase overnight tourism and market assessed businesses as tourist, meeting and event destinations, thereby increasing room night sales. 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 and the MDP. Section 9: The NBTBID will have a ten (10) year term unless renewed or terminated pursuant to the California Streets and Highways Code. Section 10: Bonds will not be issued. Section 11: The time and place for the public meeting to hear testimony on renewing the NBTBID and levying assessments is set for January 14, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA 92660. Section 12: The time and place for the public hearing to renew the NBTBID and levy the assessment is set for January 28, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA 92660. 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 as required by California Streets and Highways Code Section 36623. Section 13: At the public hearing the testimony of all interested persons for or against the establishment of the NBTBID may be received. If, at the conclusion of the public hearing, there are of record written protests by the owners of the lodging businesses within the proposed NBTBID that will pay fifty percent (50 %) or more of the estimated total assessment of the entire NBTBID, no further proceedings to renew the NBTBID shall occur for a period of one (1) year. Section 14: The complete MDP is on file with the City Clerk and may be reviewed upon request. Section 15: The City Council finds the adoption of this resolution of intention is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 16: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. Section 17: This resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 10th day of December, 2013. ATTEST: TTf }EST: Wl Leilani I. Brown, City Clerk Keith D. CuFFy, Mayor EXHIBIT A District Boundaries V 'r . 7 r UPFEfr`•- r�RiPCisi v ° E Newport Beach w City Limits O UPPER NEWPORT BAY y33 Radisson Newport Beach 0 73 Fairmont Newport Beach Newport Beach Marriott Bayview i. i 55 v 0 �� 4 P G O Island Hotel Newport Beach z3 Balboa Bay Club and Resort Hyatt Regency Newport Beach �o 0 i Newport Beach Marriott Hotel & OR Newport Dunes Waterfront Resort & Marina A r &,q l' AA GjFf G GG q N N 0 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } 1, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2018 -89 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10t" day of December, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Selich, Henn, Mayor Curry Nays: Daigle IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11 to day of December, 2013. 4&kj-Aw- City Clerk Newport Beach, California (Seal)