HomeMy WebLinkAbout2009-14 - Tourism Business Improvement DistrictRESOLUTION NO. 2009 - 14
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:
The recitals set forth herein are true and correct.
2. The City Council finds that the lodging businesses that will pay more than fifty (50)
percent of the assessment proposed in the Management District Plan have signed and
submitted petitions in support of the formation of the NBTBID. The City Council
accepts the petitions and adopts this resolution of intention to establish the NBTBID and
to levy an assessment on certain lodging businesses within the NBTBID boundaries in
accordance with the Property and Business Improvement District Law of 1994.
3. The City Council finds that the Management District Plan satisfies all requirements of
Streets and Highways Code § 36622.
4. The City Council declares its intention to establish the NBTBID and to levy and collect
assessments on lodging businesses within the NBTBID boundaries pursuant to the
Property and Business Improvement District Law of 1994.
5. The boundaries of the NBTBID shall be the boundaries of the City of Newport Beach, as
depicted on the attached map, incorporated herein as Exhibit A.
6. The name of the district shall be the Newport Beach Tourism Business Improvement
District (NBTBID).
7. The NBTBID shall assess six (6) hotels within the city limits of Newport Beach 2.0% of
gross short term (stays less than 30 days) room rental revenue. The NBTBID shall
include the Fairmont Newport Beach, the Hyatt Regency Newport Beach, the Newport
Beach Marriott Bayview, the Newport Beach Marriott Hotel & Spa, the Radisson
Newport Beach, and the Balboa Bay Club and Resort. Gross room revenue is defined as
total room revenue less any local, state or federal sales taxes or transient occupancy taxes.
Lodging business stays of more than 30 consecutive days shall not be assessed. Based on
benefits received, stays by airline personnel and government employees on government
business shall not be assessed. Similarly, time shares shall not be assessed.
8. The assessments levied for the NBTBID shall be applied toward sales promotion and
marketing programs to market Newport Beach as a tourist, meeting and event
destination, and other activities as set forth in Streets and Highways Code § 36613.
Funds remaining at the end of any year may be used in subsequent years in which
NBTBID assessments are levied as long as they are used consistent with the
requirements of this resolution.
9. The NBTBID will have a five (5) year term unless renewed pursuant to Streets and
Highways Code § 36660.
10. No bonds will be issued.
11. The time and place for the public meeting to hear public testimony regarding
establishment of the NBTBID and the levy of assessments are set for April 14,
2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Council
Chambers located at 3300 Newport Boulevard Newport Beach, California.
12. The time and place for the Public Hearing to establish the NBTBID and the levy of
assessments are set for April 28, 2009, at 7:00 p.m., or as soon thereafter as the
matter may be heard, at the Council Chambers located at 3300 Newport Boulevard
Newport Beach, California. The City Clerk is directed to provide written notice to
the lodging businesses subject to assessment of the date and time of the hearing and
to provide that notice required by Streets and Highways Code § 36623.
13. At the public hearing the testimony of all interested persons for or against the
establishment of the NBTBID may be received. If at the conclusion of the public
hearing, there are of record written protests by the owners of the lodging businesses
within the proposed NBTBID that will pay fifty (50) percent or more of the
estimated total assessment of the entire NBTBID, no further proceedings to
establish the NBTBID shall occur.
14. The complete Management District Plan is on file with the City Clerk, 3300
Newport Boulevard Newport Beach, California 92663 and may be reviewed upon
15. This resolution shall take effect immediately upon its adoption by the City Council.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Co l of the City of
Newport Beach held on the 10th day of March, 2009.
ATTEST:
City Clerk p
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Newport Beach Tourism BID Management District Plan Page 6
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2009 -14 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 10th day of
March, 2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 11th day of March, 2009.
(Seal)
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City Clerk
Newport Beach, California