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Home My WebLink AboutCity Council - 2002-69 RESOLUTION NO. 2002-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH INDICATING THE CITY'S INTENTION TO CREATE AND ESTABLISH A BUSINESS IMPROVEMENT DISTRICT ("BID"), CALLED THE "HUNTINGTON BEACH HOTEL/MOTEL BUSINESS LN4PROVEMENT DISTRICT," CONCERNING ALL OF THE HOTELS AND MOTELS LOCATED WITHIN THE CITY, AND SETTING A PUBLIC HEARING DATE OF AUGUST 5, 2002, TO FORMALLY ESTABLISH SAID BUSINESS IMPROVEMENT DISTRICT AND TO LEVY ASSESSMENTS THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE 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; and WHEREAS, the California Legislature found that cities are authorized to levy assessments on businesses which benefit from those improvements and activities; and WHEREAS, the purpose of the business improvement area proposed by this resolution of intention is to fund activities to promote tourism and related tourist events which benefit the hotel and motel businesses within the City of Huntington Beach; and 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 a special assessment to promote tourism and tourist related events; and WHEREAS, this resolution of intention will commence proceedings under the Parking and Business Improvement Area Law of 1989. SECTION 2. The City Council of the City of Huntington Beach hereby intends to do the following: (a) A business improvement area is proposed to be established pursuant to Streets and Highways Code §36500 et seq. with the boundaries of the territory to be included in the area as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. Further, a business improvement area is proposed to be established with the boundaries of the benefit zone within the area as set forth in Exhibit "A". 02reso/r wlbusiness irTrovel7l3/02 1 Res. No. 2002-69 (b) A business improvement area is proposed to be established with the following name: "Huntington Beach Hotel/Motel Business Improvement District." (c) The type or types of improvements and activities proposed to be funded by the levy of assessments on businesses within the business improvement area are specified in Exhibit"B", attached hereto and incorporated herein by this reference. Further, the improvements, if any, to be acquired for the proposed business improvement area are specified in Exhibit "B". (d) The proposed assessment will be levied annually to pay for all improvements and activities within the business improvement area, except where funds are otherwise - available. (e) The proposed method and basis of levying the assessment to allow each business owner to estimate the amount of the assessment to be levied against his, her or its business is set forth in Exhibit"B". (f) New hotel and motel businesses commencing operations after the effective date of the ordinance levying the assessment will not be exempt from the levy of assessment as provided in Exhibit "B". (See, generally Streets and Highways Code §36531.) (g) The time and place for the public hearing on the establishment of the business improvement area and the levy of the assessment shall be 7:00 p.m., or as soon thereafter as the matter can be heard, on August 5, 2002, at the Huntington Beach City Hall, City Council Chambers, 2000 Main Street, Huntington Beach, California. (h) At the public hearing set forth above, the testimony of all interested persons for or against the establishment of the business improvement area, the extent of the area, or the furnishing of specific types of improvements or activities, will be heard by the City Council. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. (i) Every written protest shall be filed with the City Clerk's office, Huntington Beach City Hall, Second Floor, 2000 Main Street, Post Office Box 190, Huntington Beach, California 92648, at or before the time fixed for the public hearing set forth above. The City Council may waive any irregularity in the form or content of any written protest, and at the public hearing, may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing set forth above. (j} Each written protest shall contain a description of the business in which the person 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 of Huntington Beach 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. A written 02resurgw/business improve/7/3/02 2 Res. No. 2002-69 protest which does not comply with this subparagraph shall not be counted in determining a majority protest. (k) If written protests are received from the owners of businesses in the proposed business improvement area which will pay fifty percent (50%) or more of the assessments to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to create the proposed business improvement area or to levy the proposed assessment, as specified by this resolution of intention, shall be taken by the City Council for a period of one year from the date of the filing of a majority protest. If a majority protest is only against the furnishing of a specified type or types of improvements or activities within the - business improvement area, those types of improvements or activities shall be eliminated by the City Council. SECTION 3. The City Council of the City of Huntington Beach does hereby appoint the current or future members of the Board of Directors of the Huntington Beach Conference and Visitors' Bureau, whomever those persons may be, to constitute an advisory board: (a)to make recommendations to the City Council on the provisions of the resolution of intention and such report shall be considered at the public hearing set forth above; and (b) to fulfill those duties entrusted to such board under Streets and Highways Code §36530. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach does hereby adopt this resolution of intention as set forth herein, and Exhibits "A" and "B" attached hereto and incorporated by this reference. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of July , 2002. )aa" Mayor ATTEST: APPROVED AS TO FORM: City Clerk 67-11-TI City At $mcy �1 REVIEWED AND APPROVED: '} INITIATED AND APPROVED: ., Lam( &a —. City Adm' istrator Director of Econom c Development 02reso/gw/business improve/7/3/02 3 Res. No. 2002-69 Ex. A EXHIBIT A Res. No. 2002-69 Ex. A CITY OF HUNTINGTON BEACH HOTELS AND MOTELS INCLUDED IN HUNTINGTON BEACH HOTEL INDUSTRY BUSINESS RY PROVEMENT 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 Beadiing Comfort Suites Huntington Suites 16301 Beach Blvd. 727 Yorktown Ave. Huntington Beach, CA 92647 Huntington Beach,CA 92648 Business Owner/Operator: 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: Karan 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 Pacific 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's St. Huntington Beach, CA 92648 Business Owner/Operator: James Parkinson Res. No. 2002-69 Ex. B Res. No. 2002-69 Ex. B EXHIBIT B HUNTINGTON BEACH HOTEL/MOTEL BUSINESS M'ROVEMENT DISTRICT ANNUAL REPORT The BID assessment will be used to establish the Huntington Beach Hotel/Motel Business Improvement District("HBHIMBID"). The HBH/MBID 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 FY,2._002 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 I% levy on Hotel and Motel overnight room stay in Hotels and Motels listed in Exhibit A Anticipated Revenue: $350,000 Res. No. 2002-69 STATE OF CALIFORNIA j COUNTY OF ORANGE j ss: CITY OF HUNTINGTON BEACH j I, 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 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 the 15th day of July, 2002 by the following vote: AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: None eo 1� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California