HomeMy WebLinkAboutCity Council - 2005-53 RESOLUTION NO. 2005-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DECLARING THE CITY'S INTENTION TO LEVY AN
ANNUAL ASSESSMENT FOR FISCAL YEAR 2005-2006 WITHIN THE
HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
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
The California Legislature found that cities are authorized to levy assessments on businesses
which benefit from those improvements and activities; and
A sizeable majority of the downtown 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 downtown business benefit area within the City of Huntington Beach and to levy a
special assessment to promote tourism and tourist related events; and
The City Council formed a business improvement area, known as the Huntington Beach
Downtown Business Improvement District(the "District"), by the passage of Ordinance No. 3661 on
September 7, 2004. The time has come to continue the existence of the District for fiscal year 2005-06
by levying assessments on those businesses that benefit from the activities; and
The District's Advisory Board has prepared and filed with the City Clerk an"Annual
Report/Operating Budget 2004-2005 Fiscal Year to Date"and"Proposed Budget for Fiscal Year 2005-
2006" (collectively, "Annual Report"); and
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as
follows:
SECTION 1. The City Council hereby approves the Annual Report filed by the Advisory
Board in the City Clerk's office attached hereto as Exhibit A and incorporated herein by this reference,
which includes a proposed budget for Fiscal Year 2005-2006 and a description of the improvements and
activities to be provided for Fiscal Year 2005-2006.
SECTION 2. To levy and collect assessments within the District area for Fiscal Year 2005-
2006 as per the assessment schedule listed in Exhibit B attached hereto and incorporated herein by this
reference.
SECTION 3: 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 C,
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 C.
SECTION 4. A public hearing shall be held before the City Council on September 6, 2005,at
6:00 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers of the City Hall,
2000 Main Street, Huntington Beach, California, at which time the Council will hear all interested
05reso/downtown BID intent 1
Reso. 2005-53
persons for or against levying of the assessment, and the furnishing of specified types of improvements
or activities. Protests may be made orally or in writing; but, if written, shall be filed with the City Clerk
at or before the time fixed for the hearing and contain sufficient documentation to verify business
ownership and validate the particular protest. 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. 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. If
written protests are received by the owners of businesses within the District,which will pay 50%or
more of the total assessments to be levied, no further proceedings to levy the proposed assessment shall
be taken for a period of one year from the date of the finding of a majority protest by the City Council.
If the majority protest is only against the furnishing of a specified type or types of improvements or
activity within the District,those types of improvements or activities shall be eliminated.
SECTION 5. 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 6. 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; or from the Huntington Beach Conference and Visitors' Bureau, 301 Main
Street, Suite 208, Huntington Beach, CA 92648, (714) 969-3492.
SECTION 7. The City Clerk shall mail a complete copy of this resolution of intention by first-
class mail to each business owner in this area within seven days after the Council's adoption of this
resolution.
SECTION 8. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 1 5th day of August , 2005.
!�en�-4L
REVIEWED AND APPROVED: APPROVED AS TO FORM:
ity Ad inistrator 4Attome y \��� „�of
INI j D ANq APPROVED:
Director of Economic Develop n
05reso/downtown BID intent 2
Resolution 2005-53
Exhibit "A"
Huntington Beach
Downtown Business
Improvement District
Fiscal Year 2004-2005
Annual Report
Resolution 2005-53
Exhibit "A"
DownTown HB Business Assoc 6128105
Balance Sheet
As of 9/30/05
Page 1
91301,06
Acct Balance
ASSETS
Cash and Bank Accounts
DownTown HB Business Assoc 19,827.49
TOTAL Cash and Bank Accounts 19,827.49
TOTAL ASSETS 19,827.49
LIABILITIES&EQUITY
LIABILITIES 0.00
EQUITY 19,827.49
TOTAL LIABILITIES&EQUITY 19,827.49
DownTown HB Business Assoc 6/2at05
Register Report
5/6/96 Through W105
Page 1
Date Num Description Memo Category CIr Amount
BALANCE 5/5/96 0.00
4/20/05 Opening Balance [DownTown HB Business As... R 0.00
4/20/05 DEPOSIT • DOWNTOWN HB BUS ASS... R 20,100.00
5/11/05 101 Steve Grabowski fictitious business name filing... DOWNTOWN HB BUS ASS... R -72.00
5/11/05 102 Debbie Stock locator map project,announ... DOWNTOWN HB BUS ASS... -150.00
5/11/05 103 The UPS Store copy work:BID tg flyer DOWNTOWN HB BUS ASS... R -9.70
66105 Service Charge 23.E I f I-+,i a my y4h) DOWNTOWN HB BUS ASS... R 40.81
TOTAL 516/96-6/7/05 19,827.49
BALANCE 6/7/05 19,827.49
TOTAL INFLOWS 20,100.00
TOTAL OUTFLOWS 272.51
NET TOTAL 19,827.49
Resolution 2005-53
Exhibit "A"
7:23 AM Downtown Huntington Beach
06130/05
Business Improvement District
Budget vs. Actual
January through December 2006
Jan 2005 Budget $Over Budget %of Budget
Ordinary Income/Expense
Income
Fees&Accessments 20,100 60,000 33.5%
Interest Income 0 200 0.0%
Total Income 20,100 60,200 40,100.00 33.39%
Projects In Priority Order
01 Brochure/Downtown Map 5,000 -5,000.00 0.0%
02 Halloween Promotion 10,000 -10,000.00 0.0%
02 Christmas Promotion 3,000 -3,000.00 0.0%
02 Welcome Back Proration 2,000 -2,000.00 0.0%
03 Main Street-Tree Replacements 1,000 4,000 -3,000.00 25.0%
03 Improve Tourist Flow 0 0.00 0.0%
04 Directory Marquis 10,000 -10,000.00 0.0%
06 Downtown Street&Sidewalk Cleaning 10,000 -10,000.00 0.0%
07 Parking Improvements 0 0.00 0.0%
08 Develop Website 0 0.00 0.0%
10 Build Email Database/Bulliten Board 0 0.00 0.0%
11 Marketing/Educational Plan 6,000 -6,000.00 0.0%
Total Cost Of Projects 1,000 50,000 -49,000.00 2.0%
Gross Project Expenditures 19,100 10,200 8,900.00 187.26%
Expense
Administrtive Assistant 150 10,000 -9,850.00 1.5%
MISCELLANEOUS 123 200 -77.00 61.5%
Total Expense 273 10,200 -9,927.00 2.68%
Net Operating Balance 18,827 0 18,827.00 100.0%
Operating Balance 18,827 0 18,827.00 100.0%
Pagel of 1
Resolution 2005-53
Exhibit "B"
Downtown Business Improvement District
Assessment Formula
Benefit Zone 1
Retail Businesses $250 Less than 1,000 sq. ft.
$500 1,000 sq. ft .to 5,000 sq. ft.
$1,000 5,000 sq. ft. or more
Restaurants $250 Less than 1,000 sq. ft.
$500 1,000 sq. ft. to 5,000 sq. ft.
$13,000 5,000 sq. ft. or more
Hotels $150 Under 20 rooms
$300 21-50 rooms
$500 5 1+ rooms
Services/Office* $200/$100 if on 2nd floor or higher
Real Estate Individual Licensee $50
Nail/Hair/Skin Stylist or Cart $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 Individual Licensee $50
Nail/Hair/Skin Stylist $25
Banks $500
* Business Licenses for Apartments Excluded
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Huntington Beach Downtown Business Improvement District Map
Resolution 2005-53
0613/0 Downtown Huntington Bec Exhibit "c"
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Business Improvement District
Budget vs. Actual
January through December 2006
Jan Budget $Over Budget %of Budget
Ordinary Income/Expense
Income
Fees&Accessments 20,100 60.000 33.5%
Interest Income 0 200 0.0%
Total Income 20,100 60,200 -40.100.00 33.39%
Projects In Priority Order
01 Brochure/Downtown Map 5,000 -51000.00 0.0%
02 Halloween Promotion 10,000 -10,000.W 0.06/0
02 Christmas Promotion 3,000 -3,000.00 0.0%
02 Welcome Back Proration 2,000 -2.000.00 0.0%
03 Main Street-Tree Replacements 1,000 4,000 -3,000.00 25.0%
03 Improve Tourist Flow 0 0.00 0.0%
04 Directory Marquis 10,000 -10.000.00 0.0%
O6 Downtown Street&Sidewalk Cleaning 10,000 -10,000.00 0.0%
O7 Parking Improvements 0 0.00 0.0%
08 Develop Website 0 0.00 0.0%
10 Build Email Database/Bulliten Board 0 0.00 0.0%
11 Marketing/Educational Plan 6,000 -6,000.00 0.0%
Total Cost Of Projects 1,000 50,000 -49,000AO 2.0%
Gross Project Expenditures 19,100 10,200 8,9W.00 187.26%
Expense
Administrtive Assistant 150 10,000 -9,850.00 1.5%
MISCELLANEOUS 123 200 -77.00 61.5%
Total Expense 273 10,200 -9,927.00 2.68%
Net Operating Balance 18,827 0 18,827.00 100.0%
Operating Balance 18,827 0 18,827.00 100.0%
Pagel of 1
Res. No. 2005-53
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 an regular meeting thereof held on the 15th day of
August, 2005 by the following vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
ABSTAIN: None
City erk and ex-officio CJ7rk of the
City Council of the City of
Huntington Beach, California