HomeMy WebLinkAboutCity Council - 2004-56 RESOLUTION NO. 2004=a
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
DECLARING THE CITY'S INTENTION TO CREATE AND ESTABLISH THE
"HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT" FOR THE
BENEFIT OF ALL BUSINESSES LOCATED WITHIN THE DOWNTOWN BUSINESS
DISTRICT, AND SETTING A PUBLIC HEARING DATE OF AUGUST 16, 2004, TO
FORMALLY ESTABLISH SAID BUSINESS IMPROVEMENT DISTRICT AND LEVY
ASSESSMENTS
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 district proposed by this resolution of
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intention is to fund activities to promote activities that benefit business located and operating in the
Downtown Business District within the City of Huntington Beach; and
WHEREAS, a sizeable majority of the businesses within the Downtown Business District
have requested that the City Council commence proceedings under the Parking and Business
Improvement Area Law of 1989 to establish an improvement benefit area within the City of
Huntington Beach and to levy a special assessment to promote all downtown businesses; and
WHEREAS, this resolution of intention will commence proceedings under the Parking and
Business Improvement Area Law of 1989,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
(a) The Huntington Beach Downtown Business Improvement Area is proposed to be
established pursuant to Streets and Highways Code §36500 et seq. with the
boundaries of the proposed district and the boundaries of the benefit zone to be as
depicted in Exhibit "A", attached hereto and incorporated herein by this reference.
(b) The name of the business improvement area proposed to be established is the
"Huntington Beach Downtown 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
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Resolution 2004-56
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"C".
(f) New businesses within the business improvement area 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 "C".
(f) The assessment will be collected on an annual basis concurrent with payment of the
City's business license fees.
(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 16, 2004, 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
protest which does not comply with this subparagraph shall not be counted in
determining a majority protest.
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Resolution 2004-56
(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.
SECTION 2. The City Clerk is hereby directed to provide notice of the public hearing by
causing the this resolution of intention to be published once in a newspaper of general circulation at
least seven days before the public hearing.
SECTION 3. The City Clerk shall mail a complete copy of this resolution of intention by
first-class mail to each business owner in the District area within seven days after the Council's
adoption of this resolution.
SECTION 4. Further information regarding the proposed business improvement district
may be obtained at the Huntington Beach City Hall, 2000 Main Street, Huntington Beach,
California 92648; telephone (714) 536-5542.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 19 th day of July ,2004.
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APPROVED AS TO FORM:
Clerk WOE ity Attorn y 1 rj
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Economic Development
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Downtown
.. Business Improvement District
Boundaries
Res. No. 2004-56
EXHIBIT B
HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
Annual Budget
Fiscal Year 2004-2005
BID assessments will be used to establish the Huntington Beach Downtown Business
Improvement District budget. The Huntington Beach Downtown Business Improvement
District will actively fund activities to promote Huntington Beach Downtown businesses.
The BID fiscal year will be from October 0 to September 30tn
EXPENDITURES
MARKETING/ADVERTISING $20,000
• Downtown Maps
• Publicity Efforts
• Visitors Guide Advertising
• Signage/Brochures
SPECIAL EVENTS $40,000
July 4th
•. 'Halloween
• Surf Promotions
• Spring/Fall Promotions
LANDSCAPING $15,000
ADMINISTRATION $10,000
LEGAL/ACCOUNTING $3,000
MISCELLANEOUS $2,000
ANTICIPATED EXPENDITURES $90,000
ANTICIPATED REVENUES $90,000
Res. No. 2004-56
Exhibit C
Downtown Business Improvement District
Assessment Formulas
Besefi
t Zone 1
Retail Businesses $500 Less than 5,000 sq. ft.
$1000 5,000 sq. ft. or more
Restaurants $500 Less than 5,000 sq. ft.
$1,000 5,000 sq. ft. or more
Hotels $500
Services/Office $200/$100 if on 2nd floor or higher
Real estate salesperson $50
Nail/Hair/Skin Stylist $50
Banks $500
Benefit Zone 2
Retail Businesses $250
Restaurants $250
Hotels $500
Service/Office $100/$50 if on 2nd floor or Higher
Real estate salesperson $50
Nail/Hair/Skin Stylist $25
Banks $500
Res. No. 2004-56
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, JOAN FLYNN, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-off icio 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 19th day of July,
2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: None
ity Clerk and ex-offi Clerk of the
City Council of the City of
Huntington Beach, California