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HomeMy WebLinkAboutItem 23 - Resolution of Intention to Renew the Santa Ana Tourism Marketing District Community Development Agency www.santa-ana.org/community-development Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 15, 2025 TOPIC: Resolution of Intention to Renew the Santa Ana Tourism Marketing District AGENDA TITLE Resolution of Intention to Renew the Santa Ana Tourism Marketing District RECOMMENDED ACTION 1. Adopt a Resolution of Intention to renew the Santa Ana Tourism Marketing District (SATMD) and the levy of assessments on lodging businesses. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO RENEW THE SANTA ANA TOURISM MARKETING DISTRICT (“SATMD”) AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF 2. Establish a time and place for a public meeting to be held by the City Council on June 3, 2025 to hear and consider all protests. 3. Establish a time and place for a Public Hearing to be held by the City Council on July 1, 2025 regarding the proposed renewal of the Santa Ana Tourism Marketing District. 4. Receive and File 2024 Travel Santa Ana Annual Report. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION On November 17, 2020, the City Council adopted a resolution to establish the Santa Ana Tourism Marketing District (SATMD) for a five (5) year term. Travel Santa Ana (TSA) and Santa Ana lodging businesses now wish to renew the SATMD for an additional ten (10) year term. The Santa Ana Tourism Marketing District (SATMD) is a participant-driven benefit assessment district proposed to create a revenue source to help fund marketing and sales promotion efforts for Santa Ana lodging businesses. The City’s role in the Santa Ana Tourism Marketing District is limited to acting as a fiscal agent. It facilitates the collection and distribution of funds but does not influence how those funds are used. All Resolution of Intention to Re-establish SATMD April 15, 2025 Page 2 4 9 2 3 decisions regarding spending priorities and marketing activities are made by the Travel Santa Ana Board of Directors. Additionally, the City does not contribute or allocate any public funding to support the district, which is entirely self-imposed and funded by the participating hotels themselves. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed lodging businesses. The established SATMD includes all lodging businesses with seventy (70) rooms or more located within the boundaries of the City of Santa Ana. There are 17 of those lodging businesses in the SATMD. The City has received signed petitions from 12 of the 17 lodging businesses which represent 74% of the total Hotel Visitor Tax assessment indicating that they wish to initiate proceedings to renew the Santa Ana Tourism Marketing District for an additional 10-year term (Exhibit 3). The Property and Business Improvement District Law of 1994 requires more than 50% of assessed hotels to sign a petition in support to renew the Tourism Marketing District. Lodging business owners decided to pursue renewal of the SATMD in order to continue with a dedicated revenue source devoted to marketing Santa Ana as a tourist, meeting, and event destination. These funds have been managed by the Travel Santa Ana (TSA) Board of Directors, a non-profit tourism and marketing destination organization that was created. FIVE-YEAR TRAVEL SANTA ANA ACCOMPLISHMENTS Established with the formation of the Santa Ana Tourism Marketing District in 2020, Travel Santa Ana has positioned itself as the city's official destination marketing organization, effectively shaping a distinct brand identity and enhancing Santa Ana’s visibility as a dynamic visitor destination. Through strategic leadership, data-driven decision-making, and targeted marketing initiatives, Travel Santa Ana has strengthened tourism's economic impact while fostering robust community engagement. Since its inception, the SATMD has collected more than $5.6 million in assessment fees. Travel Santa Ana's initiatives have generated over 100 leads for hotel bookings, projecting potential revenues exceeding $9.3 million in the last year. Further details and achievements of Travel Santa Ana can be found in the 2024 Travel Santa Ana Annual Report (Exhibit 4). To establish a cohesive and authentic brand identity, Travel Santa Ana implemented an innovative branding strategy, replacing a traditional logo with signature designs created in collaboration with five local artists. This community-driven approach reflects Santa Ana’s cultural and artistic vibrancy. The organization also developed two comprehensive three-year strategic plans, outlining a framework for sustained destination marketing efforts. A critical component of this strategy was the launch of www.travelsantaana.com, serving as the primary digital platform for promoting Santa Ana’s attractions, businesses, and events. Travel Santa Ana has also focused on enhancing visitor engagement through curated content and outreach initiatives. The publication of an annual Visitors Guide and a Resolution of Intention to Re-establish SATMD April 15, 2025 Page 3 4 9 2 3 Public Art Guide, highlighting over 200 murals citywide, has provided valuable resources for tourists and residents alike. The "Santa Ana Enthusiast" ambassador program further strengthened community involvement by engaging local stakeholders in promoting the city's unique experiences. Strategic sales and marketing efforts have targeted key market segments, driving tourism-related economic activity. A comprehensive digital marketing strategy, incorporating official social media channels and a professionally produced destination video, has amplified Santa Ana’s presence across multiple platforms. Notable collaborations, such as partnerships with the Orange County Restaurant Association for OC Restaurant Week and the "Proud Santanero" campaign series, have spotlighted local businesses and cultural assets. Recognizing the importance of data in decision-making, Travel Santa Ana commissioned the city's first tourism economic impact study, providing critical insights into visitor trends and spending patterns. International outreach has been a key priority, with initiatives such as a culinary passport program showcasing Santa Ana’s diverse dining scene and a pioneering cannabis tourism program designed to attract niche travel markets. These efforts have positioned Santa Ana as a compelling destination for both domestic and international visitors, particularly from Mexico and Canada. Further expanding its global reach, Travel Santa Ana has developed an international marketing plan and secured a partnership with acclaimed travel journalist Peter Greenberg for a segment on Santa Ana’s “Hidden Gems,” set to air on PBS and Apple TV. These initiatives collectively contribute to Santa Ana’s long-term tourism growth, reinforcing the city's status as a premier destination within the region. It was reported that in January 2025, the hotel occupancy for the SATMD was up 11.9% from January 2024. In addition, the Average Daily Rate for hotels were up 1.6% which resulted in a 13.7% increase in hotel revenue. TOURISM MARKETING DISTRICT BACKGROUND Tourism Marketing Districts (TMDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within the TMD fund the TMD and those funds are used to provide services that are desired by and benefit the lodging businesses within the TMD. The City serves solely as the fiscal agent, responsible for collecting and disbursing the assessment funds to Travel Santa Ana. This program is entirely funded by participating hotels, with no expenditure of public funds. TMD benefits: •Funds cannot be diverted for other City government programs •They are customized to fit the needs of each destination Resolution of Intention to Re-establish SATMD April 15, 2025 Page 4 4 9 2 3 •They allow for a wide range of services, including: destination marketing, tourism promotion, and sales lead generation •They are designed, created, and governed by those who will pay the assessment •They provide a stable funding source for tourism promotion In California, TMDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of a special benefit assessment districts to raise funds within a specific geographic area. The key difference between TMDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TMD. MANAGEMENT DISTRICT PLAN The Management District Plan (Exhibit 2) includes the proposed boundary of the SATMD, a service plan and budget, and a proposed means of governance. The SATMD will include all lodging businesses with seventy (70) rooms or more, existing and in the future, available for public occupancy within the boundaries of the City of Santa Ana. The renewed SATMD will have a ten (10) year life, beginning January 1, 2026, or as soon as possible thereafter, and ending ten (10) years from its start date. After ten (10) years, the SATMD may be renewed pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. (94 Law) if assessed business owners support continuing the SATMD programs. The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue. Every two (2) years during the operation of the SATMD, the assessment rate may be increased by the TSA Board to a maximum rate of four percent (4%) of gross short-term sleeping room rental revenue. If the assessment rate is increased, it may subsequently be decreased but shall not be decreased below a minimum of two percent (2%) of gross short-term sleeping room rental revenue. The maximum increase or decrease in any two-year period shall be one-half of one percent (0.5%). Once per year beginning on the anniversary of SATMD establishment, there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the SATMD. The City of Santa Ana has been and will continue to be responsible for collecting the assessment on a monthly basis (including any delinquencies, overdue charges, and interest) from each assessed lodging business located in the boundaries of the SATMD. The City then disburses the assessment amounts, minus the two percent (2%) administrative fee to Travel Santa Ana. Since inception of the first SATMD, the City has collected $114,114 in administration fees. Each year, Travel Santa Ana presents an annual report to City Council identifying the activities of the Tourism Marketing District. The 2024 Travel Santa Ana Annual Report has been attached as a Receive and File. Resolution of Intention to Re-establish SATMD April 15, 2025 Page 5 4 9 2 3 SATMD RENEWAL SCHEDULE April 15, 2025 RESOLUTION OF INTENTION HEARING Upon the submission of a written petition, signed by the business owners in the established district who will pay more than fifty percent (50%) of the assessments proposed to be levied, the City Council may initiate proceedings to establish a district by the adoption of a resolution expressing its intention to establish a district. Petition Status: Petitions in favor of SATMD renewal were submitted by 12 lodging businesses, which represent 74% of the total SATMD assessment. This majority petition allows the Council to initiate proceedings for SATMD renewal at the June 3, 2025 meeting. April 18, 2025 NOTICE The 94 Law requires the City to mail written notice to the owners of all businesses proposed to be within the SATMD. Mailing the notice begins a mandatory forty-five (45) day period in which owners may protest SATMD renewal. June 3, 2025 PUBLIC MEETING Allow public testimony on the renewal of the SATMD and levy of assessments. No Council action required. July 1, 2025 FINAL PUBLIC HEARING If written protests are received from the owners of businesses in the established SATMD which will pay fifty percent (50%) or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council. At the conclusion of the public hearing to renew the SATMD, the 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. If the Council, following the public hearing, decides to renew the SATMD, the Council shall adopt a resolution of formation. Resolution of Intention to Re-establish SATMD April 15, 2025 Page 6 4 9 2 3 FISCAL IMPACT The City will receive a fee of two percent (2%) of the amount collected to cover its costs of administration. Funds are received from Community Development Agency (CDA) Trust & Agency – Travel Santa Ana account 09601001-24054 and deposited in Finance Management Services Agency (FMSA) account 01110002-57000 Expense Reimbursement. EXHIBIT 1. Resolution of Intention to Renew the SATMD 2. Santa Ana Tourism Management District Plan 3. Signed Hotel Petitions 4. 2024 Travel Santa Ana Annual Report Submitted By: Michael L. Garcia, Executive Director of Community Development Agency Approved By: Alvaro Nuñez, City Manager Resolution No. 2020-XXX Page 1 of 5 RESOLUTION NO. 2025- XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO RENEW THE SANTA ANA TOURSIM MARKETING DISTRICT (“SATMD”) AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the City of Santa Ana (City) created the Santa Ana Tourism Marketing District (SATMD) on November 17, 2020 by Resolution No. 2020-191; and WHEREAS, the SATMD was created for a five (5) year term which ends on December 31, 2025; and WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to renew business improvement districts for the purposes of promoting tourism; and WHEREAS, Travel Santa Ana (TSA), lodging business owners, and representatives from the City have met to consider the renewal of the SATMD; and WHEREAS, TSA has drafted a Management District Plan (Plan) which sets forth the proposed boundary of the SATMD, a service plan and budget, and a proposed means of governance; and WHEREAS, lodging businesses who will pay more than fifty percent (50%) of the assessment under the SATMD have petitioned the City Council to renew the SATMD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The recitals set forth herein are true and correct. Section 2. The City Council finds that assessed businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the renewal of the SATMD. The City Council accepts the petitions and adopts this Resolution of intention to renew the SATMD and to levy an assessment on certain lodging businesses within the SATMD boundaries in accordance with the Property and Business Improvement District Law of 1994. Section 3. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code §36622. Resolution No. 2025-XXX Page 2 of 5 Section 4. The City Council declares its intention to renew the SATMD and to levy and collect assessments on lodging businesses within the SATMD boundaries pursuant to the Property and Business Improvement District Law of 1994. Section 5. The SATMD shall include all lodging businesses with seventy (70) rooms or more, existing and in the future, available for public occupancy located within the boundaries of the City, as shown in the map attached hereto as Exhibit A and incorporated herein by reference. Section 6. The name of the district shall continue to be the Santa Ana Tourism Marketing District (“SATMD”). Section 7. The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue. Every two (2) years during the operation of the SATMD, the assessment rate may be increased by the TSA Board to a maximum rate of four percent (4%) of gross short-term sleeping room rental revenue. If the assessment rate is increased, it may subsequently be decreased but shall not be decreased below a minimum of two percent (2%) of gross short-term sleeping room rental revenue. The maximum increase or decrease in any two-year period shall be one-half of one percent (0.5%). Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the assessment herein provided; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; and stays by any federal or state officer or employee while on official business only and when payment for such occupancy is made directly to the operator by duly authorized voucher payment from a governmental accounting office. This exemption does not exempt a transient who is employed by the United States government or the state or their respective instrumentalities from payment of the assessment when the payment is later to be reimbursed by the United States government or the state or their respective instrumentalities. Section 8. The assessments levied for the SATMD shall be applied toward Sales and Marketing promotions programs to market assessed lodging businesses in Santa Ana as tourist, meeting, and event destinations, as described in the Plan. The assessments levied for the SATMD shall also be applied to Administration, Contingency/Reserve, City administration services, as these are necessary to provide the Sales and Marketing Programs. Funds remaining at the end of any year may be used in subsequent years in which SATMD assessments are levied as long as they are used consistent with the requirements of this resolution and the Plan. Resolution No. 2020-XXX Page 3 of 5 Section 9. The renewed SATMD will have a ten (10) year term, beginning January 1, 2026 or as soon as possible thereafter, and ending ten (10) years from its start date, unless renewed pursuant to Streets and Highways Code §36660. Section 10. TSA shall not issue debt of any kind, including bonds; and shall only fund expenses with recurring assessment revenue collected or the reserve balance. Section 11. The time and place for the public meeting to hear testimony on renewing the SATMD and levying assessments is set for June 3, 2025, at 5:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. Section 12. The time and place for the public hearing to renew the SATMD and the levy of assessments is set for July 1, 2025, at 5:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is directed to provide written notice to the assessed businesses subject to assessment of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code §36623, no later than May 16, 2025. Section 13. At the public meeting and the public hearing, the testimony of all interested persons for or against the renewal of the SATMD may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the assessed businesses within the renewed SATMD that will pay more than fifty percent (50%) of the estimated total assessment of the entire SATMD, no further proceedings to renew the SATMD shall occur for a period of one (1) year. Section 14. The complete Plan is on file with the City Clerk and may be reviewed upon request. Section 15. This Resolution shall take effect immediately upon its adoption by the City Council. Resolution No. 2025-XXX Page 4 of 5 ADOPTED this ______ day of ______________, 2025. _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Andrea Garcia-Miller Assistant City Attorney AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________. Date: ________________ ____________________________________ City Clerk City of Santa Ana Resolution No. 2020-XXX Page 5 of 5 EXHIBIT A SATMD BOUNDARIES SATMD Management District Plan 1 February 27, 2025 2026-2035 SANTA ANA TOURISM MARKETING DISTRICT MANAGEMENT DISTRICT PLAN Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. February 27, 2025 EXHIBIT 2 SATMD Management District Plan 2 February 27, 2025 CONTENTS I. OVERVIEW ...................................................................................................................... 3 II. BACKGROUND ................................................................................................................ 5 III. ACCOMPLISHMENTS ................................................................................................ 6 IV. BOUNDARY ................................................................................................................. 7 V. ASSESSMENT BUDGET AND SERVICES ................................................................... 8 A. ANNUAL SERVICE PLAN ...................................................................................................................... 8 B. ANNUAL BUDGET ............................................................................................................................... 10 C. CALIFORNIA CONSTITUTIONAL COMPLIANCE ............................................................................... 10 D. ASSESSMENT ........................................................................................................................................ 12 E. INTEREST AND OVERDUE CHARGES ............................................................................................... 13 F. TIME AND MANNER FOR COLLECTING ASSESSMENTS ................................................................. 14 VI. GOVERNANCE .......................................................................................................... 15 A. OWNERS’ ASSOCIATION .................................................................................................................... 15 B. BROWN ACT AND CALIFORNIA PUBLIC RECORDS ACT COMPLIANCE ....................................... 15 C. ANNUAL REPORT................................................................................................................................ 15 APPENDIX 1 – LAW .............................................................................................................. 16 APPENDIX 2 – ASSESSED BUSINESSES ........................................................................... 28 Prepared by Civitas (800)999-7781 www.civitasadvisors.com EXHIBIT 2 SATMD Management District Plan 3 February 27, 2025 I. OVERVIEW Developed by Santa Ana lodging businesses and Travel Santa Ana (TSA), the Santa Ana Tourism Marketing District (SATMD) is an assessment district proposed to continue to provide specific benefits to payors by funding Sales and Marketing promotion efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. The SATMD was initially created in 2021 for a five (5) year term. TSA and Santa Ana lodging businesses now wish to renew the SATMD for an additional ten (10) year term. Location: The renewed SATMD includes all lodging businesses with seventy (70) rooms or more, existing and in the future, available for public occupancy located within the boundaries of the City of Santa Ana (City), as shown on the map in Section IV. Services: The SATMD is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales. Sales and Marketing promotions programs will increase demand for overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing demand for room night sales. Budget: The total SATMD annual assessment budget for the initial year of its ten (10) year operation is anticipated to be approximately $1,600,000. A similar assessment budget is expected to apply to subsequent years, but this assessment budget is expected to fluctuate as room sales do, as businesses open and close, and if the assessment rate is increased or decreased pursuant to this Management District Plan (Plan). Cost: The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue. Every two (2) years during the operation of the SATMD, the assessment rate may be increased by the TSA Board to a maximum rate of four percent (4%) of gross short-term sleeping room rental revenue. If the assessment rate is increased, it may subsequently be decreased but shall not be decreased below a minimum of two percent (2%) of gross short-term sleeping room rental revenue. The maximum increase or decrease in any two-year period shall be one-half of one percent (0.5%). Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the assessment herein provided; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; and stays by any federal or state officer or employee while on official business only and when payment for such occupancy is made directly to the operator by duly authorized voucher payment from a governmental accounting office. This exemption does not exempt a transient who is employed by the United States government or the state or their respective instrumentalities from payment of the assessment when the payment is later to be reimbursed by the United States government or the state or their respective instrumentalities. Collection: The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, interest, and overdue charges) from each assessed lodging business EXHIBIT 2 SATMD Management District Plan 4 February 27, 2025 located in the boundaries of the SATMD. The City shall take all reasonable efforts to collect the assessments from each assessed lodging business. Duration: The renewed SATMD will have a ten (10) year life, beginning January 1, 2026, or as soon as possible thereafter, and ending ten (10) years from its start date. After ten (10) years, the SATMD may be renewed pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. (94 Law) if assessed business owners support continuing the SATMD programs. Management: TSA shall continue to serve as the SATMD’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan, and must provide annual reports to the City Council. EXHIBIT 2 SATMD Management District Plan 5 February 27, 2025 II. BACKGROUND TMDs are an evolution of the traditional Business Improvement District. The first TMD was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model –Illinois, Minnesota, Massachusetts, Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TMD laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TMD. Additionally, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TMDs without a state law. California’s TMDs collectively raise over $300 million annually for local destination marketing. With competitors raising their budgets, and increasing rivalry for visitor dollars, it is important that Santa Ana lodging businesses continue to invest in stable, commerce- specific marketing programs. TMDs utilize the efficiencies of private sector operation in the market-based promotion of tourism districts. TMDs allow tourism business owners to organize their efforts to increase commerce. lodging business owners within the TMD pay an assessment and those funds are used to provide services that increase commerce. In California, most TMDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TMDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district. There are many benefits to TMDs: • Funds must be spent on services and improvements that provide a specific benefit only to those who pay; • Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services; • They are designed, created and governed by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion. 0 20 40 60 80 100 120 Number of Districts Operating in California EXHIBIT 2 SATMD Management District Plan 6 February 27, 2025 III. ACCOMPLISHMENTS During its initial five (5) year term, the SATMD has achieved remarkable success in visitor engagement and economic impact through a comprehensive Sales and Marketing program. Accomplishments for the initial SATMD term include: • Staff of three including President & CEO, Director of Sales and Content & Community Engagement Manager. • Developed a brand for the destination, including mission and vision. • Worked with five local artists to create Santa Ana signatures in replacement of a traditional logo. • Developed three-year strategic plans for 2022-2024 and 2025-2027 to market Santa Ana as a visitor destination, increase visitor revenue and build community support and participation in the SATMD. • Launched official website, www.travelsantaana.com. • Published the 2023, 2024, and 2025 Visitors Guides. • Established a Marketing Advisory Group with the objective of creating synergy among Santa Ana marketers. • Curated a Public Art Guide featuring more than 200 murals throughout Santa Ana. • Created the Santa Ana Enthusiast Ambassador Program. • Developed strategic sales efforts identifying key domestic and international market segments. • Developed a digital marketing strategy. • Launched official social media channels. • Produced a destination video. • Partnered with Orange County Restaurant Association to leverage exposure for Santa Ana restaurants during OC Restaurant Week. • Highlighted local business owners and residents in the “Proud Santanero” campaign series. • Conducted the first-ever tourism economic impact study. • Promoted Santa Ana in print publications for leisure, and meeting trade. • Hosted a dozen media and influencers. • Developed a cannabis tourism program. • Developed a Culinary Passport to highlight the destination’s diverse dining. • Developed a Michelada Guide to showcase the popular Mexico beverage. • Developed an international marketing plan to promote Santa Ana to attract visitors from Mexico and Canada. • Conducted the DNext and Futures Study, an important assessment of how Santa Ana scores as a tourist destination. • Worked with Peter Greenberg on a production of “Hidden Gems” featuring several locations within Santa Ana to air on PBS and AppleTV. • Initiated quarterly meetings between City Councilmembers, Santa Ana Police Department, City Manager, economic development, and hoteliers to provide the opportunity for the hoteliers to address issues, concerns and develop relationships with City officials. EXHIBIT 2 SATMD Management District Plan 7 February 27, 2025 IV. BOUNDARY The SATMD will continue to include all lodging businesses with seventy (70) rooms or more, existing and in the future, available for public occupancy within the boundaries of the City of Santa Ana, as shown in the map below. Lodging business means: Any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. A complete listing of assessed lodging businesses within the renewed SATMD can be found in Appendix 2. EXHIBIT 2 SATMD Management District Plan 8 February 27, 2025 V. ASSESSMENT BUDGET AND SERVICES A. Annual Service Plan Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the SATMD funds are Sales and Marketing programs available only to assessed businesses. A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by the TSA Board. The chart below illustrates the initial annual assessment budget allocations. These activities and allocations will also apply in subsequent years. The total initial assessment budget is estimated to be $1,600,000. Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, the City and the TSA Board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year. For example, the City and the TSA Board may fluctuate the SATMD’s budget allocation for the Sales and Marketing category from its current seventy percent (70%) to a maximum budget allocation of eighty-five percent (85%) or down to a minimum budget allocation of fifty-five percent (55%). A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the SATMD, any and all assessment funds may be used for the costs of defending the SATMD. Each budget category includes all costs related to providing that service. For example, the Sales and Marketing budget includes the cost of staff time dedicated to overseeing and implementing the Sales and Marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The costs of an individual staff member may be allocated to Sales and Marketing, $1,120,000.00 , 70%Administration, $320,000.00 , 20% Contingency / Reserve, $128,000.00 , 8% City Administration Fee, $32,000.00 , 2% Initial Annual Assessment Budget - $1,600,000 EXHIBIT 2 SATMD Management District Plan 9 February 27, 2025 multiple budget categories. The staffing levels necessary to provide the services below will be determined by TSA on an as- needed basis. Sales and Marketing A Sales and Marketing program will promote assessed businesses and Santa Ana as tourist, meeting, and event destinations. The Sales and Marketing program will have a central theme of promoting Santa Ana as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed businesses, and may include the following activities: • Internet marketing efforts to increase awareness and optimize internet presence to drive overnight visitation and room sales to assessed businesses; • Print ads in magazines and newspapers, television ads, and radio ads targeted at potential visitors to drive overnight visitation and room sales to assessed businesses; • Attendance of trade shows to promote overnight visitation to assessed businesses; • Sales blitzes for assessed businesses; • Familiarization tours of assessed businesses; • Preparation and production of collateral promotional materials such as brochures, flyers and maps featuring assessed businesses as well as all events, attractions, and reasons to visit (Stay, Shop, Dine, Play); • Attendance of professional industry conferences and affiliation events to promote assessed businesses; • Lead generation activities designed to attract tourists and group events to assessed businesses; • Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts for assessed businesses; and • Development and maintenance of a website designed to promote overnight visitation to the city and promote Santa Ana as a tourism destination highlighting the assessed businesses, as well as all events, attractions, and reasons to visit (Stay, Shop, Dine, Play) to increase overnight visitation at assessed lodging businesses. Administration and Operations The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, advocacy, and other general administrative costs such as insurance, legal, and accounting fees. City Administration Fee The City of Santa Ana shall be paid a fee equal to two percent (2%) of the amount of assessment collected, to cover its costs of collection and administration. Contingency/Reserve The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration or renewal costs at the discretion of the TSA Board. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the TSA Board. Contingency/reserve funds may be spent on SATMD programs or administrative and renewal costs in such proportions as determined by the TSA Board. The reserve fund may be used for the costs of renewing the SATMD. EXHIBIT 2 SATMD Management District Plan 10 February 27, 2025 B. Annual Budget The total ten (10) year assessment budget is projected at approximately $1,600,000 annually, or $24,000,000 through the ten (10) year term of the SATMD if the maximum assessment rate increases are adopted. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do, as businesses open and close, and if the assessment rate is increased or decreased pursuant to this Plan. Every two (2) years during the operation of the SATMD, the assessment rate may be increased by the TSA Board to a maximum rate of four percent (4%) of gross short-term sleeping room rental revenue. If the assessment rate is increased, it may subsequently be decreased but shall not be decreased below a minimum of two percent (2%) of gross short-term sleeping room rental revenue. The maximum increase or decrease in any two-year period shall be one-half of one percent (0.5%). The table below demonstrates the estimated maximum budget with the assumption that the assessment rate will be increased at the earliest opportunity as it is a required disclosure, it is not the anticipated course of action. Alternate courses of action may be taken in regard to implementing the assessment rate increase other than what is demonstrated in the chart below, within the parameters of this Plan. Estimated Annual Budget if Maximum Assessment Rates Are Adopted Year Assessment Rate Budget 2026 2.00% $1,600,000 2027 2.00% $1,600,000 2028 2.50% $2,000,000 2029 2.50% $2,000,000 2030 3.00% $2,400,000 2031 3.00% $2,400,000 2032 3.50% $2,800,000 2033 3.50% $2,800,000 2034 4.00% $3,200,000 2035 4.00% $3,200,000 Total $24,000,000 C. California Constitutional Compliance The SATMD assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property.1 Rather, the SATMD assessment is a business-based assessment, and is subject to Proposition 26. Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the SATMD, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services. 1 Jarvis v. the City of San Diego 72 Cal App. 4th 230 EXHIBIT 2 SATMD Management District Plan 11 February 27, 2025 1. Specific Benefit Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the SATMD. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the SATMD, and are narrowly tailored. SATMD funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in SATMD programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses. Nothing in this Plan limits the ability of the Owners’ Association to enter into private contracts with non-assessed lodging businesses for the provision of services to those businesses. The assessment imposed by this SATMD is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed lodging businesses will be provided only to lodging businesses paying the district assessment, with Sales and Marketing programs promoting lodging businesses paying the SATMD assessment. The Sales and Marketing programs will be designed to increase room night sales at each assessed lodging businesses. Because they are necessary to provide the Sales and Marketing programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased demand for room night sales to the assessed lodging businesses. Although the SATMD, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3 2. Specific Government Service The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.”4 The legislature has recognized that marketing and promotions services like those to be provided by the SATMD are government services within the meaning of Proposition 265. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6 2 Cal. Const. art XIII C § 1(e)(1) 3 Government Code § 53758(a) 4 Cal. Const. art XIII C § 1(e)(2) 5 Government Code § 53758(b) 6 Government Code § 53758(b) EXHIBIT 2 SATMD Management District Plan 12 February 27, 2025 3. Reasonable Cost SATMD services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by the TSA, and reports submitted on an annual basis to the City. Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from SATMD- funded activities, be featured in advertising campaigns, and benefit from other SATMD-funded services. The assessed lodging business list was compiled from records provided by the jurisdiction and complies with the requirements of the 94 Law. Pursuant to Streets and Highways Code Section 36615, the City Council’s determination of ownership is final and conclusive, with no obligation to obtain other information. Non-assessed lodging businesses will not receive these, nor any other, SATMD-funded services and benefits. D. Assessment The annual assessment rate is two percent (2%) of gross short term room rental revenue. Every two (2) years during the operation of the SATMD, the assessment rate may be increased by the TSA Board to a maximum rate of four percent (4%) of gross short-term sleeping room rental revenue. If the assessment rate is increased, it may subsequently be decreased but shall not be decreased below a minimum of two percent (2%) of gross short-term sleeping room rental revenue. The maximum increase or decrease in any two-year period shall be one-half of one percent (0.5%). Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the assessment herein provided; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; and stays by any federal or state officer or employee while on official business only and when payment for such occupancy is made directly to the operator by duly authorized voucher payment from a governmental accounting office. This exemption does not exempt a transient who is employed by the United States government or the state or their respective instrumentalities from payment of the assessment when the payment is later to be reimbursed by the United States government or the state or their respective instrumentalities. The assessment was calculated based on the total cost of the activities to be provided for the benefit of the businesses within the SATMD, with costs allocated based on the proportional benefit conferred to each business. Activities funded by the SATMD, are specifically targeted to increase room nights at assessed businesses. All room night sales do not represent the same benefit to the payors. For example, a higher priced room night is of greater benefit than a lower priced room night because the assessee derives greater revenue. To account for this benefit differential and to make sure the benefits are proportional, an assessment formula based on a percentage of revenue has been selected. The proposed formula accurately reflects greater benefit to assessed businesses with higher priced room nights. The term “gross short-term sleeping room rental revenue” as used herein means: the total consideration charged to transients as shown on the guest receipt for the occupancy of space in a hotel, including charges for equipment (such as rollaway beds, cribs and television set, etc.), and in - room services (such as movies and other services not subject to state taxes), va lued in money. The costs of additional goods and services, which are not "rent," but which may be sold as a package with the room (such as meals, excursions, and recreational services), must be accounted for in accordance with the rules and regulations promulgated by the City. EXHIBIT 2 SATMD Management District Plan 13 February 27, 2025 Gross short-term sleeping room rental revenue shall not include, and therefore the assessment shall not be charged upon, any federal, state or local taxes collected, including but not limited to transient occupancy taxes. The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and 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. If the SATMD assessment is identified separately it shall be disclosed as the “SATMD Assessment.” As an alternative, the disclosure may include the amount of the SATMD assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for calculation of transient occupancy taxes. The California Department of Tax and Fee Administration (CDTFA) issued a written opinion that state sales tax applies to the revenue generated from Tourism Business Improvement District (TBID) assessments on items where state sales tax is levied. In light of CDTFA’s opinion, businesses that pay both state sales tax and TBID assessments on sales are advised to collect sales tax on the assessment revenue. TSA shall not issue debt of any kind; and shall only fund expenses with recurring assessment revenue collected or the reserve balance. E. Interest and Overdue Charges The SATMD shall reimburse the City for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent SATMD assessment are sought to be recovered in the same collection action by the City, the SATMD shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for paying: 1. Original Delinquency Overdue Charge: Any lodging business which fails to remit any assessment within the time required shall pay an overdue charge of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment. 2. Continued Delinquency Compounding Overdue Charge: Any lodging business which fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay an additional delinquency overdue charge of ten percent (10%) of the amount of the assessment and the ten percent (10%) overdue charge first imposed. Any lodging business which fails to remit any delinquent remittance on or before a period of sixty (60) days following the date on which the remittance first became delinquent shall pay an additional delinquency overdue charge of ten percent (10%) of the amount of the assessment and the ten percent (10%) overdue charge first imposed together with the additional ten percent (10%) overdue charge imposed. 3. Audit Deficiency Compounding Overdue Charge: If, upon audit by the City, a lodging business is found to be deficient in either its return or its remittance or both, the City shall immediately assess the lodging business the amount of the net deficiency plus an audit deficiency overdue charge of ten percent (10%) of the amount of the net deficiency. If said lodging business’s remittance was deficient for a period of greater than thirty (30) days following the date on which remittance was first delinquent, said lodging business shall pay an additional audit EXHIBIT 2 SATMD Management District Plan 14 February 27, 2025 deficiency overdue charge of ten percent (10%) of the net deficiency and the ten percent (10%) overdue charge first imposed. If said lodging business’s remittance was deficient for a period of greater than sixty (60) days following the date on which the remittance first became delinquent, said lodging business shall pay an additional audit deficiency overdue charge of ten percent (10%) of the amount of the assessment and the ten percent (10%) overdue charge first imposed together with the additional ten percent (10%) overdue charge imposed 4. Fraud: If the City determines that the nonpayment of any remittance due under this Plan is due to fraud, an overdue charge of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the overdue charges stated in subsections (1) and (2) of this section. 5. Interest: In addition to the overdue charges imposed, any lodging business who fails to remit any assessment imposed by this Plan shall pay interest at the rate of one and one-half percent (1.50%) per month or fraction thereof on the amount of the assessment, exclusive of overdue charges, from the date on which the remittance first became delinquent until paid. 6. Overdue Charges Merged with Assessment: Every overdue charge imposed and such interest as accrues under the provisions of this section shall become a part of the assessment herein required to be paid. F. Time and Manner for Collecting Assessments The SATMD assessment will be implemented beginning January 1, 2026 or as soon as possible thereafter, and ending ten (10) years from its start date. The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, interest and overdue charges) from each assessed lodging business. The City shall take all reasonable efforts to collect the assessments from each assessed lodging business. The City shall forward the assessments collected to the Owners’ Association. EXHIBIT 2 SATMD Management District Plan 15 February 27, 2025 VI. GOVERNANCE A. Owners’ Association The City Council, through adoption of this Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the SATMD as defined in Streets and Highways Code §36612. The City Council has determined that TSA will continue to serve as the Owners’ Association for the SATMD. B. Brown Act and California Public Records Act Compliance 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. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the TSA Board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act. C. Annual Report TSA shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include: • Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district. • The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year. • The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year. • The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part. EXHIBIT 2 SATMD Management District Plan 16 February 27, 2025 APPENDIX 1 – LAW CURRENT THROUGH ALL LEGISLATION OF THE 2024 REGULAR AND SPECIAL SESSIONS STREETS AND HIGHWAYS CODE DIVISION 18. PARKING PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions ARTICLE 1. Declarations 36600. Citation of part This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following: (a) Businesses located and operating within business districts in some 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 business districts 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 business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements. (d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits: (1) Crime reduction. A study by the Rand Corporation has confirmed a 12 -percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied. (2) Job creation. (3) Business attraction. (4) Business retention. (5) Economic growth. (6) New investments. (f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts. (1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those EXHIBIT 2 SATMD Management District Plan 17 February 27, 2025 special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benef its. (3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will prov ide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined. 36602. Purpose of part The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. 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. Preemption of authority or charter city to adopt ordinances levying assessments 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 Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part. 36604. Severability 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. ARTICLE 2. Definitions 36606. “Activities” “Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district: (a) Promotion of public events. (b) Furnishing of music in any public place. (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) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment” “Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district. 36607. “Business” “Business” means all types of businesses and includes financial institutions and professions. EXHIBIT 2 SATMD Management District Plan 18 February 27, 2025 36608. “City” “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, or the State of California . 36609. “City council” “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. 36609.4. “Clerk” “Clerk” means the clerk of the legislative body. 36609.5. “General benefit” “General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5. 36610. “Improvement” “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following: (a) Parking facilities. (b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms. (d) Lighting and heating facilities. (e) Decorations. (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 the district. (k) Ramps, sidewalks, plazas, and pedestrian malls. (l) Rehabilitation or removal of existing structures. 36611. “Management district plan”; “Plan” “Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association” “Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities 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 sec tion, 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, disc ussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district. 36614. “Property” “Property” means real property situated within a district. EXHIBIT 2 SATMD Management District Plan 19 February 27, 2025 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part. 36614.6. “Property-based assessment” “Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district” “Property-based district” means any district in which a city levies a property -based assessment. 36615. “Property owner”; “Business owner”; “Owner” “Property 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. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the b usiness owner shall be sufficient. 36615.5. “Special benefit” (a) “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value. (b) “Special benefit” also includes, for purposes of a property -based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general. 36616. “Tenant” “Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. ARTICLE 3. Prior Law 36617. Alternate method of financing certain improvements and activities; Effect on other provisions 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 Improvement Area Law of 1989 (Part 6 (commenci ng with Section 36500) of this division) is valid and effective and is unaffected by this part. CHAPTER 2. Establishment 36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council EXHIBIT 2 SATMD Management District Plan 20 February 27, 2025 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. Initiation of proceedings; Petition of property or business owners in proposed district (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 th e 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 t o 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 improvements, maintenance, and activities, 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, which may be made by reference to any plan or map that is on file with the clerk. 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, maintenance, 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. Contents of management district plan The management district plan shall include, but is not limited to, all of the following: (a) If the assessment will be levied on property, 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. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district i n sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (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 property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boun daries 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, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities EXHIBIT 2 SATMD Management District Plan 21 February 27, 2025 and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision. (e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their 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 pur suant 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) (1) 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. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property -based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exemp t from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property- based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (3) In a property-based district, properties throughout the district may share the same special benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit. (l) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (m) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment (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 EXHIBIT 2 SATMD Management District Plan 22 February 27, 2025 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 per son subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records 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 or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or author ized representatives of businesses in the proposed district that 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 pr oposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners. 36624. Changes to proposed assessments 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, maintenance, 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, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 3 6627. 36625. Resolution of formation (a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following: (1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether b onds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, 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, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties 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, maintenance, 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. Notwithstanding the foregoing, improvements and activities that must be provided outside the EXHIBIT 2 SATMD Management District Plan 23 February 27, 2025 district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to 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, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit. (8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district. (b) The adoption of the resolution of formation and, if required, 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. 36627. Notice and assessment diagram Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses 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. Assessments on businesses or property owners 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, maintenance, and activities, provided that any property - based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories 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 property and business improvemen t district. 36630. Expiration of district; Creation of new district 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 the district may be renewed pursuant to this part. CHAPTER 3. Assessments 36631. Time and manner of collection of assessments; Delinquent payments 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 levying the assessment. 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 may be charged interest and penalties. EXHIBIT 2 SATMD Management District Plan 24 February 27, 2025 36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property (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. Time for contesting validity of assessment The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. 36634. Service contracts authorized to establish levels of city services 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. Request to modify management district plan 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. Modification of plan by resolution after public hearing; Adoption of resolution of intention (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded wi th 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 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 hearing. (2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, 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. Reflection of modification in notices recorded and maps 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. 36638. Assessment as government imposed fee on Civ C § 1770 transaction [Operative July 1, 2024] EXHIBIT 2 SATMD Management District Plan 25 February 27, 2025 (a) A business assessment pursuant to this part is a fee imposed by a government on the transaction for purposes of paragraph (29) of subdivision (a) of Section 1770 of the Civil Code. (b) This section shall become operative on July 1, 2024. CHAPTER 3.5. Financing 36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (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 counci l 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. CHAPTER 4. Governance 36650. Report by owners’ association; Approval or modification by city council (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, maintenance, 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 information: (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, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and 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 estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year. (6) The estimated 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 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 EXHIBIT 2 SATMD Management District Plan 26 February 27, 2025 assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners’ association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and 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. CHAPTER 5. Renewal 36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, 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 r enewed district be the same as the original or prior district. CHAPTER 6. Disestablishment 36670. Circumstances permitting disestablishment of district; Procedure (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 or authorized representatives of real property or the owners or authorized representatives of businesses in the district 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 cou ncil 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 m ail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district EXHIBIT 2 SATMD Management District Plan 27 February 27, 2025 (a) Upon the disestablishment or expiration without renewal 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 or expires. 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. EXHIBIT 2 SATMD Management District Plan 28 February 27, 2025 APPENDIX 2 – ASSESSED BUSINESSES Business Name Business Address Best Western OC Airport North 2700 S Hotel Terrace Dr Santa Ana, CA 92705 Comfort Inn & Suites OC John Wayne Airport 2620 S Hotel Terrace Dr Santa Ana, CA 92705 Courtyard By Marriott 311J9 3002 S Harbor Blvd Santa Ana, CA 92704 Courtyard By Marriott Santa Ana 8 E Macarthur Pl Santa Ana, CA 92707 Lakeside Orange County Airport Hotel 7 Hutton Centre Dr Santa Ana, CA 92707 Hotel Zessa, Doubletree by Hilton 201 E Macarthur Blvd Santa Ana, CA 92707 Embassy Suites 1325 E Dyer Rd Santa Ana, CA 92705 Hampton Inn & Suites 2720 S Hotel Terrace Dr Santa Ana, CA 92705 Holiday Inn 2726 S Grand Ave Santa Ana, CA 92705 Holiday Inn Express & Suites Santa Ana 1600 E 1St St Santa Ana, CA 92701 La Quinta Inn & Suites 2721 S Hotel Terrace Dr Santa Ana, CA 92705 Mainstay Suites by Choice Hotels 2701 S Hotel Terrace Dr Santa Ana, CA 92705 Motel 6 Santa Ana 1623 E 1St St Santa Ana, CA 92701 Motel 6 Santa Ana Irvine Orange County Airport 1717 E Dyer Rd Santa Ana, CA 92705 Red Roof Inns 2600 N Main St Santa Ana, CA 92705 Santa Ana California Lodge 2909 S Bristol St Santa Ana, CA 92704 Sonesta Simply Suites Orange County Airport 2600 S Red Hill Ave Santa Ana, CA 92705 EXHIBIT 2 PETITION TO THE CITY OF SANTA ANA TO RENEW THE SANTA ANA TOURISM MARKETING DISTRICT We pet ition you to initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) in accordance with the Property and Business Improvement District Law of 19 94, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described in the summary of the Management District Plan attached hereto as Exhibit A. Business Establishment & Address Business Owner Hampton Inn and Suites Santa Ana Peter Lee 2720 Hotel Terrace Dr Santa Ana CA 92705 The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition. Peter Lee Owner Owner /Owner Representative Name (printed) Title Peb,; 14, 2025 11:12 PDT) 13/03/25 Owner/Owner Representative Signature Date A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Wendy Haase-Roberts Travel Santa Ana 1631 W. Sunflower Ave, C-35 Santa Ana, CA 92704 714-242-4434 I wendy@travelsantaana.com EXHIBIT 3 PETITION TO THE CITY OF SANTA ANA TO RENEW THE SANTA ANA TOURISM MARl<ETING DISTRICT We petition you to initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described in the summary of the Management District Plan attached hereto as Exhibit A. Business Establishment & Address Best Western Orange County Airport North 2700 Hotel Terrace Dr Santa Ana, CA 92705 Business Owner Mascot Management Corp The undersigned is the business ow ner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition. Michael Jiang GM Owner /Owner Representative Name (printed) Title 13/03/25 Owner/Owner Representative Signature Date A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Wendy Haase-Roberts Travel Santa Ana 1631 W. Sunflower Ave, C-35 Santa Ana, CA 92704 714-242-4434 I wendy@travelsantaana.com EXHIBIT 3 PETITION TO THE CITY OF SANTA ANA TO RENEW THE SANTA ANA TOURISM MARKETING DISTRICT We petition you to initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing serv ices as described in the summary of the Management District Plan attached hereto as Exhibit A. Business Establishment & Address Business Owner Courtyard Santa Ana Orange County Apple Hospitality 8 MacArthur Place 814 East Main Street, Richmond, V/l Santa Ana, CA 92707 The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition. Alane Millar Director of Sales Owner /Owner Representative Name (printed) Title 13/03/25 Alane Millar (Mar 13, 2025 09:53 PDT) Owner/Owner Representative Signature Date A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Wendy Haase-Roberts Travel Santa Ana 1631 W. Sunflower Ave, C-35 Santa Ana, CA 92704 714-242-4434 I wendy@travelsantaana.com EXHIBIT 3 PETITION TO THE CITY OF SANTA ANA TO RENEW THE SANTA ANA TOURISM MARl{ETING DISTRICT We petition you to Initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) In accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq,, for the purpose of providing services as described In the summary of the Management Dlstr.lct Plan attached hereto as Exhibit A. Business Establishment & Address �dJ:@%v::z:;; bi'Pl,fS', I �i"¥/'. / p iJ tJ C: L l-r Srucr Business owner The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition. L.Y • J�?K&.-Owner /Owner Representative Name (prfrited) Title Date A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Wendy Haase-Roberts Travel Santa Ana 1631 W. Sunflower Ave, C-35 Santa Ana, CA 92704 714-242-4434 I wendy@travelsantaana.com EXHIBIT 3 PETITION TO THE CITY OF SANTA ANA TO RENEW THE SANTA ANA TOURISM MARl(ETING DISTRICT We petition you to Initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) In accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described In the summary of the Management Distr_ict Plan attached hereto as Exhibit A. Business Establlshment & Address Business Owner The undersigned is the business owner or the authorized representative of the business owner and ls the person legally authorized and entitled to sign this petition. Owner /Owner Representative Name (printed) A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Wendy Haase-Roberts Travel Santa Ana 1631 W. Sunflower Ave, C-35 Santa Ana, CA 92704 714-242-4434 I wendy@travelsantaana.com EXHIBIT 3 PETITION TO THE CITY OF SANTA ANA TO RENEW THE SANTA ANA TOURISM MARl<ETING DISTRICT We petition you to Initiat e proceedings to renew the Santa Ana Tourism Marketing District (SATMD) In accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described In the summary of the Management Dlstr.lct Plan attached hereto as Exhibit A, Business Establishment & Address La lJo,WA l��e__. 1.9 (E S · \?Jr I �fb \ 'Dr Business owner The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition, Date A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Wendy Haase-Roberts Travel Santa Ana 1631 W, Sunflower Ave, C-35 Santa Ana, CA 92704 714-242-4434 I wendy@t ravelsantaana.com EXHIBIT 3 PETITION TO THE CITY OF SANTA ANA TO RENEW THE SANTA ANA TOURISM MARKETING DISTRICT We petition you to Initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described in the summary of the Management District Plan attached hereto as Exhibit A. Business Establishment & Address Business Owner Orange County Hotel JHC Investments Inc. 7 Hutton Centre Dr. Santa Ana, CA 92707 The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition. Quinn Su General Manager Owner /Owner Representative Name (printed) Title 0u[mtSu Quinn Su (Mar 11, 2025 17:10 ron 11/03/25 Owner/Owner Representative Signature Date A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Wendy Haase-Roberts Travel Santa Ana 1631 W. Sunflower Ave, C-35 Santa Ana, CA 92704 714-242-4434 I wendy@tra velsantaana.com EXHIBIT 3 PETITION TO THE CITY OF SANTA ANA TO RENEW THE SANTA ANA TOURISM MARKETING DISTRICT We petition you to initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described in the summary of the Management District Plan attached hereto as Exhibit A. Business Establishment & Address Business Owner Holiday Inn Orange County Airport GrandHi17 2726 S. Grand Ave GrandHi17 Santa Ana Ca. GrandHi17 92705 GrandHi17 The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitle d to sign this petition. Frank Atayde General Manager Owner /Owner Representative Name (printed) Title 10/03/25 Owner/Owner Representative Signature Date A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Wendy Haase-Roberts Travel Santa Ana 1631 W. Sunflower Ave, C-35 Santa Ana, CA 92704 714-242-4434 I wendy@travelsantaana.com EXHIBIT 3 PETITION TO THE CITY OF SANTA ANA TO RENEW THE SANTA ANA TOURISM MARKETING DISTRICT We petition you to initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described in the summary of the Management District Plan attached hereto as Exhibit A. Business Establishment & Address Business Owner Hotel Zessa, a DoubleTree by Hilton Imperia l Hotel Group, LLC 201 E. MacArthur Blvd. Santa Ana, CA 92707 The undersigned is the business owner or the auth orized representative of the business owner and is the person legally authorized and entitled to sign this petition. Aaron Saliba General Manager Owner /Owner Representative Name (printed) Title Aaton ,7. Saliba, GM Aaron J. Saliba, GM (Mar 11, 202512:12 PDT) 11/03/25 Owner/Owner Representative Signature Date A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Wendy Haase-Roberts Travel Santa Ana 1631 W. Sunflower Ave, C-35 Santa Ana, CA 92704 714-242-4434 I wendy@trav elsantaana.com EXHIBIT 3 PETITION TO THE CITY OF SANTA ANA TO RENEW THE SANTA ANA TOURISM MARKETING DISTRICT We petition you to initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described in the summary of the Management District Plan attached hereto as Exhibit A. Business Establishment & Address Business Owner Sonesta Simply Suites Sonesta International 2600 Redhill Ave SVC Santa Ana CA 92705 The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition. Daniel Fermin General Manager Owner /Owner Representative Name (printed) Title JJa.niet rennin Danlf:l Fermlr1 (Mar 11, 202511:16 PD11 11/03/25 Owner/Owner Representative Signature Date A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Wendy Haase-Roberts Travel Santa Ana 1631 W. Sunflower Ave, C-35 Santa Ana, CA 92704 714-242-4434 I wendy@travelsantaana.com EXHIBIT 3 PETITION TO THE CITY OF SANTA ANA TO RENEW THE SANTA ANA TOURISM MARKETING DISTRICT We petition you to initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described in the summary of the Management District Plan attached hereto as Exhibit A. Business Establishment & Address Business Owner EMBAS SY SUITES SANTAANA AMPHIT RITE HOTEL LLC 1325 E DYER RD SANTA ANA, CA 92705 The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition. DY MO NCADA REGIONAL CORPORATE SALES DIRECTOR Owner /Owner Representative Name (printed) Title JJ!;} Moncavta 01 Uonc..1di1 {Apr 4, 202515:04 PDT) 04/04/25 Owner/Owner Representative Signature Date A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Wendy Haase-Roberts Travel Santa Ana 1631 W. Sunflower Ave, C-35 Santa Ana, CA 92704 714-242-4434 I wendy@travelsantaana.com EXHIBIT 3 PETITION TO THE CITY OF SANTA ANA TO RENEW THE SANTA ANA TOURISM MARKETING DISTRICT We petition you to initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described in the summary of the Management District Plan attached hereto as Exhibit A. Business Establishment & Address Business Owner Motel 6 Harshad Patel 1623 E. First Street Santa Ana CA 92701 The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition. Cassey Hubbard Owner /Owner Representative Name (printed) General Manager Title 04/04/25 Owner/Owner Representative Signature Date A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Wendy Haase-Roberts Travel Santa Ana 1631 W. Sunflower Ave, C-35 Santa Ana, CA 92704 714-242-4434 I wendy@travelsantaana.com EXHIBIT 3 2024 ANNUAL REPORT EXHIBIT 4 Travel Santa Ana is the official Destination Marketing Organization (DMO) for Santa Ana. Travel Santa Ana is dedicated to promoting the city as a desirable Orange County destination for business, leisure, meetings, sports, and group travel. Travel Santa Ana is a non-for-profit, 501 C (6), funded by a 2% assessment implemented by the Santa Ana Tourism Marketing District (SATMD). The SATMD is comprised of 17 hotels and motels with (70) rooms or more within the boundaries of the City of Santa Ana. The assessment is paid for by visitors who stay at those hotels and motels. 2024-2026 Travel Santa Ana Board of Directors Chair: Aaron Saliba, General Manager, Hotel Zessa a DoubleTree by Hilton Vice Chair: Alissa Salma, General Manager, Courtyard Santa Ana/Orange County Past Chair: Julie Buettner, General Manager, Courtyard Costa Mesa South Coast Metro Treasurer: Ryan Chase, Owner, 4th Street Market Secretary: Erin Warady, Marketing Chair/CMO, Cannabis Chamber of Commerce At-Large: Frank Atayde, General Manager, Holiday Inn Orange County Airport Marc Morley, Economic Development Manager, City of Santa Ana Cory Sams, General Manager, MainPlace Mall Quinn Su, General Manager, Doubletree by Hilton Orange County Airport Marketing Advisory Group Amanda Blazey, Director of Marketing, Orange County School of the Arts Logan Crow, Executive Director & Founder, Frida Cinema/DTSA Artwalk Paul Eakins, Public Affairs Information Officer, City of Santa Ana Cori Lantz, Recreation & Community Services Supervisor, City of Santa Ana Parks & Recreation Scott Melvin, Vice President of School Relations, Mater Dei High School Kelly Radomske, Vice President of External Affairs, Bowers Museum Maribel Silva, Operations Coordinator, Santa Ana Zoo Daniela Valencia, Marketing Director, MainPlace Mall Jason (J-Bird) Venable, Co-Founder, Suavecito Erin Warady, Marketing Chair/CMO, Cannabis Chamber of Commerce Cherie Whyte, Vice President, Marketing, Discovery Cube WENDY HAASE-ROBERTS, CDME President & CEO ANALAURA BECERRA, CDME, CMP, CTA Director of Sales MARIA GONZALEZ, PDM, CTA Content & Community Engagement Manager staff about travel santa ana EXHIBIT 4 about travel santa ana mission To share Santa Ana with the world. values Passion We are passionate in our efforts to strengthen our community’s economic vitality. inclusiveness We are diverse and inclusive. All are welcome. collaboration We value and respect each other, and recognize we are stronger when we work together. relevance We are valued in our community for our leadership, expertise, and integrity. awareness We are aware of our community’s cultural heritage and history and continue to ask questions and learn. vision Santa Ana is the authentic & welcoming Orange County experience. about travel santa ana EXHIBIT 4 The Santa Ana Tourism Marketing District (TMD) includes lodging businesses, existing and in the future, available for public occupancy within the boundaries of the City of Santa Ana. The boundary, as shown in the map below, currently includes seventeen (17) lodging businesses that have seventy (70) rooms or more. boundaries EUCLID ST.NEWHOPE ST.FLOWER ST.BROADWAYBROADWAYMAIN ST.1st ST.1st ST.FLOWER ST.HARBOR BLVD.HARBOR BLVD.FAIRVIEW ST.FAIRVIEW ST.RAITT ST.GRAND AVE.RAITT ST.BRISTOL ST.BRISTOL ST.FAIRVIEW ST.EDINGER AVE. MCFADDEN AVE.MCFADDEN AVE. 17th ST. GARDEN GROVE BLVD. SANTA ANA BLVD. 17th ST. SANTA CLARA AVE.TUSTIN AVE.WARNER AVE. DYER RD. SEGERSTROM AVE. MACARTHUR BLVD. WARNER AVE. 405 55 55 22 22 CIVIC CENTER DR.MAIN ST.5 3rd ST. 4th ST. EXHIBIT 4 boundaries Name Location # Rooms Meeting Space Best Western Plus Orange County Airport North 2700 Hotel Terrace Drive 148 1 Room, 800 sq. ft. California Lodge Suites 2909 S. Bristol St.181 Guestrooms only Comfort Inn & Suites Orange County John Wayne Airport 2620 Hotel Terrace Drive 127 Guestrooms only Courtyard Costa Mesa South Coast Metro 3002 S. Harbor Blvd.145 3 Rooms, Largest 676 sq. ft. 1,553 sq. ft. total Courtyard Marriott Santa Ana 8 MacArthur Place 155 4 Rooms, Largest 3,953 sq. ft., 5,059 sq. ft. total DoubleTree Santa Ana - Orange County Airport 7 Hutton Center Drive 168 5 rooms, Largest 1,848 sq. ft., 3,976 sq. ft. total Embassy Suites - Santa Ana Orange County Airport 1325 E. Dyer Road 301 9 Rooms, Largest 4,407 sq. ft., 7,629 sq. ft. total Hampton Inn & Suites Santa Ana Orange County Airport 2720 Hotel Terrace Drive 121 1 Room, 400 sq. ft. Holiday Inn Express & Suites Santa Ana Orange County 1600 E. 1st St.161 8 Rooms ( 1 per floor), Each 600 sq. ft. Holiday Inn Santa Ana Orange County Airport 2726 S. Grand Ave.176 5 Rooms, Largest 1,866 sq. ft., 5,000 sq. ft. total Hotel Zessa a DoubleTree by Hilton 201 E. MacArthur Blvd.253 5 rooms, Largest 7,308 sq. ft., 8,638 sq. ft. total La Quinta by Wyndham Orange County Airport 2721 Hotel Terrace Drive 180 Guestrooms only MainStay Suites Orange County John Wayne Airport 2701 Hotel Terrace Drive 176 Guestrooms only Motel 6 Santa Ana/Irvine Orange County Airport 1717 E. Dyer Road 150 Guestrooms only Motel 6 Santa Ana 1623 E. 1st St.80 Guestrooms only Red Roof Inn Santa Ana 2600 N. Main St.125 Guestrooms only Sonesta Simply Suites Orange County Airport 2600 S. Red Hill Ave.122 Guestrooms only TOTAL GUESTROOMS 2,770 santa ana hotel inventory EXHIBIT 4 Santa Ana Hotel Inventory: 2,770 rooms at 17 Hotels *DoubleTree rebranded to Hotel Zessa a DoubleTree by Hilton Hotel Annual Revenue: Over $76 Million* Hotel Visitor Tax: $9.4 Million Tourism Marketing District Collections: $1.5 Million Hotel Average Daily Rate: $122.49* Hotel Occupancy: 69%* hotel overview *Includes 15 of the 17 TMD hotels. Santa Ana CA Lodge and Red Roof Inn do not report to STR, the global leader in hospitality data benchmarking, analytics, and marketplace insights. EXHIBIT 4 tourism matters 2023 direct travel impacts to santa ana $414.7 million direct travel spending YOY 9.2% 940,341 visitors YOY 5% 2,980 SANTA ANA JOBS ARE SUPPORTED BY VISITORS EQUALING $135.6 MILLION IN WAGES TO SANTA ANA’S ECONOMY! $27.1 million IN TAXES BY DIRECT TRAVEL SPENDING EXHIBIT 4 tourism revenue helps to support: ARTS & CULTURE PARKS & RECREATION PUBLIC SAFETY PUBLIC INFRASTRUCTURE NEIGHBORHOOD SERVICES Santa Ana households would pay $195 more a year in local taxes without visitor-generated taxes received by local government. SANTA ANA’S MAJOR VISITOR SPENDING CATEGORIES $109 million Dining $107 million Accommodations $81.5 million Arts, entertainment, & recreation $63 million Local transportation & gas $36.8 million Retail sales $16.7 million Food stores tourism matters These numbers are estimates from the Economic Impact of Travel report, Calendar Year 2023, a tourism economic impact study conducted by Dean Runyan Associates for Santa Ana. EXHIBIT 4 TOP 10 VISITOR MARKETS % VISITORS % VISITOR SPEND AVG. VISITOR SPEND Los Angeles CA 13.6%2.1%$102 San Diego CA 12.9%3.4%$105 Phoenix AZ 8.6%3.4%$134 San Francisco-Oakland-San Jose CA 7.3%7.9%$120 Las Vegas NV 5.8%2.3%$136 Sacramento-Stockton-Modesto CA 4.4%2.8%$119 Fresno-Visalia CA 2.7%1.2%$137 Palm Springs CA 2.2%0.7%$103 Salt Lake City UT 2.1%2.6%$102 Dallas-Ft. Worth TX 2.1%2.9%$142 MEXICO STATE MAJOR SPENDING CATEGORY Baja California Retail Baja California Arts & Entertainment Baja California Accomodations Baja California Food Baja California Colleges & Universities Baja California Attractions Baja California Medical Jalisco Retail Michoacán Retail Baja California Education CANADA PROVINCE MAJOR SPENDING CATEGORY Nova Scotia Food Ontario Retail Ontario Food Ontario Accomodations British Columbia Arts & Entertainment Manitoba Food British Columbia Retail British Columbia Accomodations Ontario Arts & Entertainment Manitoba Accomodations AverAge visitor spend $169 All mArkets VISITORS AGED 25 TO 5460%% OF VISITORS - $100K+57%% OF VISITORS WITH CHILDREN IN HOUSEHOLD38% visitor profile SAN FRANCISCO NEW YORK CHICAGO DALLAS HOUSTON PHOENIX LAS VEGAS demogrAphics meXico & cAnAdA mArket overvieW top origin mArkets Visitor data tracked by Zartico. EXHIBIT 4 the community vitality wheel It Starts With A Visit You Need To Keep The Wheel Turning and Manage Its Speed That is the Work at a Destination Organization From Visit, To Live, To Work, To Invest 1.VISIT If you built a place where people want to visit, then you have built a place where people want to live. 4.invest And if you built a place where business and residents will invest, then you have built a place where people will want to visit. 2. live And if you built a place where people want to live, then you have built a place where people want to work. 3. work And if you built a place where people want to work, then you have built a place where business and residents will invest. the worK of a destination organiZation EXHIBIT 4 • Amplify audience exposure to the brand across all touchpoints of the travel planning journey. • Cultivate third-party meeting planner relationships that amplify and magnify the city’s sales impact in the marketplace, including attending sales missions and tradeshows. • Develop creative marketing campaigns that drive awareness and bookings. • Implement a strategic marketing mix that drives conversions from target demographics. • Test and track each marketing initiative to optimize performance. • Adjust campaigns on an ongoing basis to reach key performance metrics for the highest ROI. strategies goals • Build awareness of Santa Ana’s assets and destination by storytelling through video, imagery, and content. • Position Santa Ana as a desirable Southern California meeting location for appropriate groups both domestic and international. • Drive measurable web traffic through a mix of earned, paid, and owned media. • Support hotels’ efforts to increase bookings by prospecting select drive centric geographic markets, high inbound air flight traffic locations and small market states. sales and marKeting Travel Santa Ana community alignment sustainable organiZation the worK of a destination organiZation EXHIBIT 4 client events & FAm tours: Hosted client events in Chicago, Greenville, Las Vegas, Mexico City, Miami, Milwaukee, Phoenix, Sacramento, and Vancouver. Hosted 2 Familiarization (FAM) Tours for qualified meeting planners. $9.3 million in potential hotel revenue 17 site inspections 1,179 appointments24 tradeshows 101 qualified leads sales highlights Sacramento-based meeting planners explore DTSA.IPW attendees visit Suavecito HQ during a SoCal FAM. EXHIBIT 4 road & trade show highlights Visit CA Canada Mission January Calgary • Edmonton • Vancouver Travel Agent Appointments: 60+ (Edmonton) 80+ (Calgary) 100+ (Vancouver) Brand USA Mexico Mission February Guadalajara • Mexico City Appointments: 53 travel agents representing 41 organizations Plus, presentation to 150 travel agents in Guadalajara & 185 travel agents in Mexico City U.S. Travel Association’s IPW May Los Angeles Appointments: 40 international buyers 39 international media Plus, co-hosted reception with Visit Buena Park for Mexican media with over 100+ attending. Visit California Roadshow East June Chicago • Washington D.C. Meeting Planner Appointments: 33 Chicago + networking 42 D.C. Connect Marketplace August Milwaukee Meeting Planner Appointments: 47 Plus, presentation to 125 meeting planners Visit Anaheim Canada Roadshow November Calgary • Edmonton • Vancouver Meeting Planner Presentations: 88 Calgary 136 Edmonton 150 Vancouver CalSAE’s Seasonal Spectacular December Sacramento 9 appointments Plus, breakfast sponsorship for 250 qualified association buyers & played Loteria with 118 attendees. • CA DMO Alliance • CalSAE Elevate • Connect Spring & West • HPN Global & Partner Conference • HelmsBriscoe ABC • Meetings Today Live • Northstar’s Independent Planners, Destination West & Destination California • Small Market Meetings • Smart Meetings National • Southern California Chapter of MPI • Student Youth Travel Association • TEAMS AdditionAl roAd & trAde shoWs Attended EXHIBIT 4 marKeting & pr highlights website pageviews: 571,891 top 5 pAges: 1. Your Guide to the Heart of Orange County 2. Santa Ana Events 3. Fun Things to Do in Santa Ana: Attractions & Sights 4. Eat 5. Santa Ana Public Art Guide: Street Murals & Sculptures visitors guide Mailed: 170 Downloaded: 464 (427 English, 37 Spanish) Impressions: 28,393 (10,232 English, 18,161 Spanish) Printed guide is distributed at California Welcome Centers, Santa Ana hotels, John Wayne Airport, and other locations. The digital version is available in English and Spanish. 1,017 scans Top scanned campaigns: • Website Promotional Table Tents • Michelada Guide • Spanish Visitor Guide Rack Cards • San Diego Cannabis Postcards 547.47% increasemonthly neWsletter 1,022 New Subscribers AN INCREASE OF 130.7% • Food Fun & Faraway Places: 91.2K IG Followers • TheTravelMom: 74.9K IG Followers • JustinPlusLauren: 64.1K IG Followers • Peter Greenberg: 51K IG Followers • ConnieGoogleQueen: 22K TikTok Followers • Exploreytion: 14.7K IG Followers eArned mediA Travel Santa Ana’s public relations efforts earned media coverage in the following: • Avin Medios • Impact OC • Pasillo Turistico • Periodismo y Ambiente Descubre • Radio Formula • Smart Meetings • Teleformula • The Packed Bag • The Passenger • Travel Times • U.S. Travel News inFluencers & mediA hosted trAckAble qr codes EXHIBIT 4 marKeting & pr highlights Impressions: 4.09M (an increase of 43%) Engagements: 136.7K (an increase of 5.7%) Post Link Clicks: 79.7K (an increase of 2.3%) Engagement Rate: 3.3% social media highlights @travelsantaana overvieW Posts = 346 Overall Spend = $16.3K Impressions = 4.06M Link Clicks = 123K Cost-Per-Click = $0.21 Click-Thru Rate (CTR) = 2.59% ThruPlays = 1.7K Cost Per ThruPlay = $9.65 Top Producing Ads or Boosts Blading Cup 2024 = 59K Clicks Santa Ana Michelada Guide = 52K Clicks Dia De los Muertos Celebrations = 28K Clicks San Diego Market Campaign = 27K Clicks video stAts Impressions = 46,203 Views = 28.8K Hours Watched = 479.3 Impressions CTR = 2.9% Top Performing Videos Always Bet on Us - Proud Santaneros Series 1 Discover Santa Ana - Destination Video Santa Ana Is United by Originality - :30 Destination Video EXHIBIT 4 advertisingadvertising highlights “Always-On” Campaign • 7,835 Room Nights | $1,075,112 in Hotel Revenue OC Campaigns • 47,318 Room Nights | $6,470,882 in Hotel Revenue Mexico Campaign • 4,443,153 Total Impressions • 6,384 Total Clicks • $37,871 Total Bookings • 264 Room Nights • CTR = 0.14% • Page Views = 40,618 • Number of Flight Bookings = 6 Orange 142* Mexico Campaign • 3,515,118 total impressions served to users in Mexico • 68,818 total clicks back to the website for an overall CTR of 1.96% • Video instream completed view rate 88.5% • 286,912 completed views, for a :30 video that equated to 143,456 minutes or 2,391 hours *Three-month campaign TACTIC INDUSTRY AVERAGE PERFORMANCE CAMPAIGN PERFORMANCE Display .10% CTR 0.21% CTR In-need (behavioral)~.30 CTR (estimated)0.76% CTR Instream Video N/A 64% VCR Instream Video Clicks N/A 4.84% Meta .90% CTR 4.67% CTR Retargeting N/A 0.25% CTR Native .30% CTR 1.04% CTR EXHIBIT 4 advertising SSanta Ana, CA is unlike any other destination anta Ana, CA is unlike any other destination in Orange County. Discover a community in Orange County. Discover a community rich in culture offering attendees authentic rich in culture offering attendees authentic flavors reflective of our diversity and an art flavors reflective of our diversity and an art scene that is a mix of funky and folk, including scene that is a mix of funky and folk, including 200+ murals. Unique venues from historic to art 200+ murals. Unique venues from historic to art deco are perfect for off-site event locations. deco are perfect for off-site event locations. The city’s year-round celebrations further The city’s year-round celebrations further enhance the meeting experience.enhance the meeting experience. MEETINGS IN ARE DIFFERENT TravElSaNTaaNa.coM coNTacT aNalaura BEcErra,, Director of SalesDirector of Sales, , Travel Santa AnaTravel Santa Ana, , analaura@travelsantaana.comanalaura@travelsantaana.com Every building has its own personality. Each Street is totally different. I just love hearing the sounds of the city: the cars, the music, the people talking. It’s just very rich and diverse. I love this city! -Delilah Snell, owner Alta Baja Market Print & Digital EXHIBIT 4 special projects Created the Culinary Passport to highlight the diversity of Santa Ana’s dining. The Passport features nearly 40 restaurants and provides information on what makes them special along with a must-try menu item. Visitors are encouraged to share their experience on social with the hashtag #CulinaryPassportSA Created the Michelada Guide to highlight the iconic Mexican cocktail and showcase two dozen Santa Ana restaurants and bars that offer their own unique versions. Visitors are encouraged to share their experience on social with the hashtag #MicheladaManiaSA Launched a complimentary training program for everyone, from frontline hospitality employees and tourism partners to city officials and residents passionate about Santa Ana. The program provides an overview of the tourism industry’s importance to the community and what makes Santa Ana unique to help better promote the destination to visitors. Those who complete the program receive an official enamel pin. Worked with Peter Greenberg Worldwide Productions to film a segment of “Hidden Gems” featuring Alta Baja Market, the Blue Lot, Cerveza Cito, Lyon Air Museum, the Santa Ana Zoo, and THEM Skates. The segments are expected to air on PBS and AppleTV+ this year. EYE ON TRAVEL Recorded an “Eye on Travel” radio program with Peter Greenberg featuring Logan Crow of the Frida Cinema, Cat Decker with Friends of the Santa Ana Zoo, Tim Rush, a historian with Preserve Orange County, Hawk Scott with the City of Santa Ana Parks and Recreation, and Dr. Tianlong Jiao, the curator for the Bowers Museum. EXHIBIT 4 Created a custom Santa Ana Lotería set featuring iconic buildings, attractions, events, and more. The game includes a glossary that provides information on each visual and its relevance to Santa Ana. Created custom Santa Ana stickers and pins featuring iconic buildings, attractions, events, and more. The third series of “Proud Santanero” features two locals answering the question “what makes them a Proud Santanero.” The locals include: • Jon Julio, Owner, THEM SKATES & Blading Cup • Tim Rush, Historian, Preserve Orange County The video series is promoted on YouTube and a designated website landing page. Partnered with local artist, Ali Coyle, to create the fifth signature within the series. The unique signatures replace a traditional destination logo and are interchangeable throughout marketing materials. Ongoing Stickers and Pins” orange county RESTAURANTweek special projects Loteria travelsantaana.comtravelsantaana.com collectible enAmel pin travelsantaana.com The annual Blading Cup brings skating competitors from over 20 countries to Downtown Santa Ana. collectible enamel pin @TravelSant a A n a EXHIBIT 4 GOLD: Official Santa Ana Visitors Guide (Print) Santa Ana Public Art Guide (Landing Page) HONORABLE MENTION: Travel Santa Ana Signatures (Logo) TravelSantaana.com (Website) Santa Ana Stickers (Collateral/Branding) PLATINUM: TravelSantaana.com (Website) GOLD: Santa Ana Public Art Guide (Landing Page) HONORABLE MENTION: Proud Santanero (Video) PLATINUM: Discover Santa Ana (Video) PLATINUM: Discover Santa Ana (Video) GOLD: TravelSantaana.com (Website) HONORABLE MENTION: Santa Ana Public Art Guide (Landing Page) SILVER: TravelSantaAna.com Outstanding Website GOLD: Discover Santa Ana (Video) SILVER: TravelSantaAna.com (Website) Santa Ana Mexico Campaign Digital Marketing (Campaign) GOLD: Discover Santa Ana (Video) Proud Santaneros (Video) Signatures (Logos) SILVER: Santa Ana Loteria (Branded Content) PLATINUM: 2023 Annual Report (Publications) GOLD: Santa Ana Mexico Campaign Digital Marketing (Campaign) HONORABLE MENTION: Official Visitors Guide (Publication) awards EXHIBIT 4 2024 travel santa ana budget $1.9* million 2024 santa ana tourism marKeting district revenue $1.5 milllion financial report Category Budgeted Actual Revenue Tourism Marketing District Revenue $1.9* Million $1.5 Million* Expenditures Sales & Marketing $1.7 Million $1.5 Million Administration & Operations $143,350 $165,800 Reserve $0 $980,900 City Fees $36,000 $31,000 TOTALS $1,879,350 $2,677,700 *Projected TMD revenue for 2024 was $1.6M, the budget includes carryover revenue from 2023. SALES & MARKETING: 80% RESERVES: 8% CITY FEE: 2% ADMINISTRATION: 10% EXHIBIT 4 financial report assessMent There is no change in the method and basis of levying the assessment. The annual assessment rate is two percent (2%) of gross short-term room rental revenue. Based on the lack of benefit received, assessments will not be collected on revenue resulting from: stays of more than thirty (30) consecutive days; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; and stays that any nonprofit organization which, as the result of a disaster, provides at its own expense hotel or motel shelter to any victim of a disaster. The term “gross room rental revenue” as used herein means: the total consideration charged, whether or not received, for the occupancy of a space in a lodging business valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits, property and services of any kind or nature, without any deduction therefrom whatsoever. Gross room rental revenue shall not include any federal, state, or local taxes collected, including but not limited to hotel visitor taxes. The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and 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. The assessment shall be disclosed as the “SATMD Assessment.” The assessment is imposed solely upon and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for any purposes, including calculation of hotel visitor taxes. EXHIBIT 4 www.travelsantaana.com #TravelSantaAna @TravelSantaAna EXHIBIT 4 EXHIBIT 4