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Home My WebLink AboutOrdinance #3569 ORDINANCE NO. 3569 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ESTABLISHING A BUSINESS IMPROVEMENT DISTRICT, CALLED THE "HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT," FOR ALL HUNTINGTON BEACH HOTELS AND MOTELS THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Huntington Beach hereby finds and declares as follows: WHEREAS,the California Legislature, in adopting the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code § 36500, et seq.) found that cities are authorized to levy assessments on businesses in order to promote economic revitalization and tourism, create jobs, attract new businesses and prevent erosion of business districts; WHEREAS, the California Legislature found that cities are authorized to levy assessments on businesses which benefit from these improvements and activities; WHEREAS,the purpose of the business improvement area, as proposed by this ordinance, is to fund activities to promote tourism and related tourist events which benefit the hotel and motel businesses within the City of Huntington Beach; WHEREAS, a sizeable majority of the hotel and motel businesses within the City of Huntington Beach have requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish a hotel and motel business benefit area within the City of Huntington Beach and to levy special assessments to promote tourism; WHEREAS, on July 15, 2002, the City Council adopted Resolution No. 2002-69, declaring its intention to form a business improvement area encompassing the hotels and motels within the City of Huntington Beach; 1 02ord/HBHMB ID/rjw/jn/7/31/2002 ord. No. 3569 WHEREAS, on August 5, 2002, at City Hall Council Chambers, 2000 Main Street, Huntington Beach, California, a duly noticed public hearing, in accordance with the notice requirements of Streets and Highways Code Section 36523, was held concerning the establishment of the business improvement area; WHEREAS, on August 5, 2002, City Council heard testimony from the hotel and motel owners regarding formation of the business improvement area, and on the assessments to be levied, and no protests were filed or presented at the public hearing which would require that the City Council consider terminating the proceedings; WHEREAS, the business improvement area to be established pursuant to Streets and Highways Code Section 3 65 00, et seq. has the boundaries of the area and the boundaries of the benefit zone within the area as set forth in Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, on July 15, 2002,the City Council of the City of Huntington Beach appointed an advisory board to make recommendations to the City Council concerning the business improvement area and such report has been considered at the public hearing before this ordinance was adopted. Section 2. The City Council of the City of Huntington Beach by this ordinance does hereby: (a) Establish a business improvement area with the name, "Huntington Beach Hotel/Motel Business Improvement District" ("HBH/MBID"), and the business improvement area has the boundaries and the benefit zone set forth in Exhibit A, attached hereto and incorporated herein by this reference; and (b) Levy an assessment on businesses within the HBH/MBID as set forth in Exhibits A and B, attached hereto and incorporated herein by this reference. Section 3. The City Council of the City of Huntington Beach does hereby further find and declare as follows: (a) The HBH/MBID, and the businesses included within it, are subject to any amendments to the Parking and Business Improvement Area Law of 1989; 2 02ord/HBHMB ID/rj w/jn/7/29/2002 Ord. No. 3569 (b) The type or types of improvements and activities which will be funded by the levy of assessments on businesses within the HBHIMBID, are specified in Exhibits A and B, attached hereto and incorporated herein by this reference, and the improvements to be acquired for the business improvement area are also specified in Exhibits A and B; (c) The fiscal year of the HBHIMBID shall be that period of October 1 of one year through September 30 of the following year, and the first fiscal year of the HBH/MBID shall commence on October 1, 2002; (d) The method and basis of levying of assessments in the HBHIMBID (basically a 1% levy on overnight room stays in Huntington Beach), is set forth in Exhibits A and B; (e) New hotel and motel businesses within the HBHIMBID,whose operations commence after the effective date of this ordinance, will be not exempt from the levy of assessments, as provided in Exhibits A and B; (f) The revenue from the levy of assessments within the HBHIMBID adopted by this ordinance shall not be used to provide improvements or activities outside the area set forth in Exhibits A and B or for any purpose other than the purposes specified in the resolution of intention, Resolution No. 2002-69, as may be modified by City Council at the hearing concerning the establishment of the area; (g) The hotel and motel businesses within the HBHIMBID will be benefited by the activities and improvements funded by the assessments levied by this ordinance, by virtue of increasing overnight business stays and tourist visits to their businesses; (h) The assessments levied by this ordinance shall be collected at the same time (monthly),but with a separate itemization, as the City of Huntington Beach Transient Occupancy Tax is collected pursuant to the Huntington Beach Municipal Code; (i) The City Manager or his or her designee is hereby delegated authority by City Council to enter into the necessary agreements to retain a consultant and/or firm to administer and effectuate the improvements and activities contained in the budget for the HBHIMBID as set forth in Exhibits A and B; and 3 02ord/HBHMBID/rjw/jn/7/29/2 002 Ord. No. 3569 {}) The advisory board for the HBH/MBID, as established by Resolution No. 2002-69, shall cause an annual report to be prepared and presented to City Council at the end of each fiscal year for this business improvement area assessment pursuant to Streets and Highways Code § 36533. Section 4. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of August_ , 2002. Mayor ATTEST: APPROVED AS TO FORM: dwzi City Clerk City Attorney �\„J REVIEWED AND R INIT4ATED AND APPROVED: ram. A 4 City Administrator Di ector f Economic Development 4 02ord/HBHMBID/rjw/j n/7/31/2002 Ord. No. 3569 Ex. A Ordinance Ord. No. 3569 EXHIBIT A Ex. A CITY OF HUNTINGTON BEACH HOTELS AND MOTELS INCLUDED IN HUNTINGTON BEACH HOTEL INDUSTRY BUSINESS IMPROVEMENT AREA The BID benefit zone encompasses the entire City of Huntington Beach boundaries. It is anticipated that the entire City including businesses and residents will benefit from increased revenues generated by the activities of the BID. The following businesses will be included in the business improvement area established pursuant to California Streets and Highways Code Section 36500 et. seq.: Hilton Waterfront Beach Resort Edelweiss Inn 21100 Pacific Coast Highway 7561 Center Ave.,#46 Huntington Beach,CA 92648 Huntington Beach,CA 92647 Business Owner/Operator: John Gilbert Business Owner/Operator:Alfred Skistimas Hyatt Regency Huntington Beach Spa and Resort Extended Stay America 21500 Pacific Coast Highway 5050 Skylab West Circle Huntington Beach, CA 92648 Huntington Beach,CA 92647 Business Owner/Operator.Bob Wentworth Business Owner/Operator: Dev Chauhan Best Western Regency Inn Guest House International Inn 19360 Beach Blvd. 18382 Beach Blvd. Huntington Beach,CA 92648 Huntington Beach,CA 92648 Business Owner/Operator:Tonho International-Diane Business Owner/Operator:Raju Patel Beadling Comfort Suites Huntington Suites 16301 Beach Blvd. 727 Yorktown Ave. Huntington Beach,CA 92647 Huntington Beach,CA 92648 Business OwnerlOperator: Chandu Patel Business.Owner/Operator:Young Ja Zahedi Hotel Huntington Beach Huntington Surf Inn 7667 Center Ave. 720 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach,CA 92648 Business Owner/Operator:Ming Shin Kou Business Owner/Operator:Long Han,Jennifer Phi Howard Johnson Express Inn&Suites Ocean View Motel 17251 Beach Blvd. 16196 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach,CA 92649 Business Owner/Operator:Kiran Patel Business Owner/Operator:Pravin Patel Beach Inn Pacific View Inn&Suites 18112 Beach Blvd. 16220 Pacific Coast Highway Huntington Beach,CA 92646 Huntington Beach,CA 92649 Business Owner/Operator:A. Lien Chao Business Owner/Operator:Khushbu,LLC-Jayesh Patel Sun`N Sands Motel Quality Inn 1102 Pacific Coast Highway 800 Pack Coast Highway Huntington Beach, CA 92648 Huntington Beach, CA 92648 Business Owner/Operator: Jitendra P.Barot Business Owner/Operator:Ken Patel Beach Comfort Motel 777 Motor Inn 118 Eleventh St. 16240 Pacific Coast Highway Huntington Beach,CA 92648 Huntington Beach,CA 92649 Business Owner/Operator: Okiennica Jadwiga Business Owner/Operator:Mulan Kuo,Victor Ali Colonial Inn Youth Hostel 421 8 h St. Huntington Beach,CA 92648 Business Owner/Operator: James Parkinson Ord. No. 3569 Ex. B Ordinance H ,l r sue` f J Ord. No. 3569 Ex. B EXHIBIT B HUNTINGTON BEACH HOTEL/MOTEL BUSINESS RvIPROVEMENT DISTRICT ANNUAL REPORT The BID assessment will be used to establish the Huntington Beach Hotel/Motel Business Improvement District("HBH/MBID"). The HBHIMBID will actively fund marketing activities to promote Huntington Beach as an overnight tourist destination to benefit all of the hotels and motels in Huntington Beach. The BID fiscal year will be from October 15t to September 30th. Huntington Beach,Hotel/Motel Business Improvement District FY2002-2003 Budget EXPENDITURES Marketing Activities Promoting Huntington Beach as an overnight tourist destination, including: • Development of Website • Visitor Survey • Brochures and Collateral Material • Trade Shows Booth Representation • Establish Photo Library • Establish Publicity Materials • Other related activities Anticipated Expenditures: $350,000 REVENUE 1% levy on Hotel and Motel overnight room stay in Hotels and Motels listed in Exhibit A Anticipated Revenue: $350,000 Ord. No. 3569 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) 1, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do - hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 5th day of August, 2002, and was again read to said City Council at a regular meeting thereof held on the 19th day. of August,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell,Bauer NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on r I GV 15 :L , 2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Br ockway, Q.ity Clerk of the City Council of the City r f " e u Qy Clerk of Huntington Beach, California 0