HomeMy WebLinkAboutCity Council - 2003-60 RESOLUTION NO. 2003-•60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
INDICATING THE CITY'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR
FISCAL YEAR 2003-2004 TO FUND IMPROVEMENTS WITHIN THE HUNTINGTON
BEACH HOTEL/MOTEL BUSINESS IIMPROVEMENT DISTRICT
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,the City Council has formed a business improvement area, known as the
Huntington Beach Hotel/Motel Business Improvement District(the"District"), by the passage of
Ordinance No. 3569 on August 19, 2002. The time has come to continue the existence of the
District for fiscal year 2003-04 by levying assessments on those businesses that benefit from the
activities; 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
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Resolution No. 2003-60
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."
(b) 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."
(c) 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.
(d) 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."
(e) 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 Sheets and Highways Code §36531.)
(f) The time and place for the public hearing on the levy of the assessment shall be
7:00 p.m., or as soon thereafter as the matter can be heard, on September 2, at the
Huntington Beach City Hall, City Council Chambers, 2000 Main Street, Huntington
Beach, California.
(g) 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.
(h) 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.
(i) 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
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Resolution No. 2003-60
protest which does not comply with this subparagraph shall not be counted in
determining a majority protest.
(j) If written protests are received from the owners of businesses in the proposed
business improvement area which will pay fifty percent(500/D) 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 tg day of August , 2003.
J
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk ity Atto y
REVIEWED AND APPROVED: INITIA D AND APPROVED:
City AdrrAnistrator Director of Economic Development
03resolbotel business improve/7/28/03 3
Exhibit A to Resolution No. 2003-60
EXHIBIT 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 Skistirnas
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. Cormac O'Modhrain 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 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: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 Best Western
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
Exhibit B to Resolution No. 2003-60
EXHIBIT B
HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT
DISTRICT
Proposed Budget
Fiscal Year 2003-2004
The BID assessment will be used to establish the Huntington Beach Hotel/Motel
Business Improvement District CIMH/MBID"). 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 1st to September 30`h.
EXPENDITURES
Marketing Activities Promoting Huntington Beach as an overnight tourist destination,
including:
• Advertising
• Website Development
• Visitor Research
• Brochures and Collateral Material
• Trade Shows Booth Representation
. . Photo Library
• Publicity Efforts
• Other related activities
Anticipated Expenditures: $320,000
REVENUE
1% levy on Hotel and Motel overnight room stay in Hotels and Motels listed in Exhibit A
Anticipated Revenue: $320,000
Fiscal Year 2002-2003 to date
As of June 30, 2003, after nine months of operation,the Huntington Beach Hotel/Motel
Business Improvement District collected $147,417.61, of which$3,271.38 was not yet
spent on activities to promote Huntington Beach as an overnight tourist destination for
the benefit of all hotels and motels in Huntington Beach.
Res. No. 2003-60
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH }
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 an regular meeting thereof held on the
18th day of August 2003 by the following vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
� v
City Clerk and ex-off icio ark of the
City Council of the City of
Huntington Beach, California