HomeMy WebLinkAboutOrdinance #4041 ORDINANCE NO. 4041
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
DISESTABLISHING THE HUNTINGTON BEACH
HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT
BY REPEALING UNCODIFIED ORDINANCE NUMBER 3569
The City Council of the City of Huntington Beach does hereby ordain as follows:
Whereas, a sizeable majority of the hotel and motel businesses within the City of
Huntington Beach 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;
On August 19, 2002, the City Council adopted an uncodified Ordinance No. 3569
establishing the business improvement area with the name, Huntington Beach Hotel/Motel
Business Improvement District("District"), and levied an assessment on businesses within the
HBH/MBID;
This ordinance is adopted pursuant to the Parking and Business Improvement District
Area Law of 1989, Streets and Highways Code section 36550 and Resolution Number 2014-76,
adopted by the City Council on October 6, 2014, entitled a"Resolution of the City of Huntington
Beach Declaring its Intention to Disestablish the Huntington Beach Hotel/Motel Business
Improvement District." The resolution was published and mailed as provided by law. A public
hearing was held by the City Council at its regular meeting on November 3, 2014, at which time
all persons desiring to be heard and all objections made or filed were fully heard
The City Council of the City of Huntington Beach by this uncodified ordinance does
hereby:
A. Find and determine that the public interest and the interest of the assessed
businesses require disestablishment of the District for reasons given in the Resolution of
Intention attached hereto.
B. Pursuant to Section 36550 of the Parking and Business Improvement Area Law of
1989, uncodified Ordinance No. 3569, including any amendments thereto establishing the
Huntington Beach Hotel/Motel Business Improvement District, is hereby repealed and the
District is disestablished.
14-4313/113045.doc 1
Ordinance No. 4041
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17th day of November , 2014.
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()Mayor
ATTEST: APPROVED AS TO FORM:
4/z
ity Clerk Cit Attorney N\Y v —/L(
REVIEW APPROVED: INITIATED AND APPROVED:
C i tp Depdty Director of E o omic
Development
Attached: Resolution No. 2014-76, Declaring
Intention to Disestablish the Hotel /Motel
Business Improvement District
144313/113045.doc 2
RESOLUTION NO. 2414- 76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
DECLARING ITS INTENTION TO DISESTABLISH THE HUNTINGTON BEACH
HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT
WHEREAS, on August 19, 2002 the City Council of Huntington Beach ("City Council")
adopted Ordinance Number 3569 establishing the Huntington Beach Hotel/Motel Business
Improvement District("District"): and
The Property and Business Improvement District Law of 1989, Streets and Highways
Code §36600 et seq. ("89 Law"), allows the City Council to disestablish the District; and
The City Council has established a new tourism business improvement district, and now
intends to disestablish the District;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL TIIAT:
1. The recitals set forth herein are true and correct.
2. The City Council declares its intention to disestablish the Huntington Beach Hotel/Motel
Business Improvement District.
3. The time and place for a public hearing on the disestablishment of the District are set for
6:00 PM, or as soon thereafter as the matter may be heard, on November 3, 2014, at the
Council Chambers, 2000 Main Street, Huntington Beach, CA 92648.
4. The City Council intends to disestablish the District because it has formed a new tourism
business improvement district under the Property and Business Improvement District Act
of 1994. The proposed new district will contain the same businesses. The City Council
proposes transferring any assets to the new district.
5. Any remaining revenues derived from the levy of assessments or sale of assets shall be
refunded to the owners currently located and operating within the area as set forth in
Streets and Highways Code Section 36551.
6. The City Clerk is directed to provide notice of the public hearing, by publishing and
mailing this resolution, in accordance with Streets and Highways Code § 36523.
7. This resolution shall take effect immediately upon its adoption by the City Council.
14-4313/111970 1
HB -509- Item 15. 4
PASSED AND ADOPTED by the,City Council of the City of Huntington Beach at a regular
meeting thereof held on October 6 , 2014.
APPROVED AS TO FORM:
r i
1
C.City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
cite_ Hager Deputy Director o conomic Development
G
14-4313'1111970 2
Item 15. - 5 HB -s 10-
Res. No. 2014-76
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH )
i, JOAN L. FLYNN 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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on October 6, 2014 by the following vote:
AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
NOES: None
ABSENT: None
ABSTAIN: done
Q
City Joerk and ex-officio Perk of the
City Council of the City of
Huntington Beach, California
HB -511- Item 15. - 6
Ord. No. 4041
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, 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 November 3,2014, and was again read to said City Council at a
Regular meeting thereof held on November 17, 2014, and was passed and adopted by
the affirmative vote of at least a majority of all the members of said City Council.
AYES: Katapodis, Hardy, Shaw, Boardman, Sullivan, Carchio
NOES: None
ABSENT: Harper
ABSTAIN: None
I,Joan L.Flynn,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 November 27,2014.
In accordance with the City Charter of said City 69MMAX WON
Joan L. Flynn, City Clerk City Oferk and ex-officio fferk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California