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HomeMy WebLinkAboutCITY COUNCIL - 2006-49 RESOLUTION NO. 2 0 0 6—4 9 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 2006-2007 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 2006- 2007 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 2005-2006 Fiscal Year to Date"and"Proposed Budget for Fiscal Year 2006- 2007" (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 2006-2007 and a description of the improvements and activities to be provided for Fiscal Year 2006-2007. SECTION 2. To levy and collect assessments within the District area for Fiscal Year 2006- 2007 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 18, 2006 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 06-370/3144 1 Reso. No. 2006-49 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. I f 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 Downtown Huntington Beach Business Association,412 Olive Avenue, PMB 149, Huntington Beach, CA 92648, (714) 960-8600. 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 21 ,, ay of Augnst , 200__6 Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Ad istrator AitayAt�tom�ey �1\6G INITIATED AND APPROVED: r� Director of Ec-oRbAic Development 06-370/3144 2 Reso. No. 2006-49 Annual Report Reso. No. 2006-49 Exhibit "A" Exhibit A HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 2005-2006 ANNUAL REPORT Reso. No. 2006-49 Exhibit "A" Downtown Huntington Beach Business Improvement District Operating Statement: Year October to September 2006 Fiscal Year is October 1 to Septemrber 30 Thru July 25,2006 Actual Budget $Over Budget Revenue Bid Assessments $52,774 $50,000 $2,774 Total Income $52,774 Expenses Legal&Administrative $1,462 $1,500 $1,462 Advertising $12,414 $6,000 $6,414 Downtown Brochure $360 $5.000 $4,640 Mad&Print $2,149 $3,000 4851 Maintenance/Steward Program $6,000 $4,000 $2,000 Promotional Marketing Events $14,420 $15,000 4580 Temporary Staffing $1,020 $2:000 $1,020 Total Expenses $37,825 $48,000 $4,825 Income Less Expenses $14,949 $21000 CASH IN BANK AS OF 7/25/06 General Account $59,731.31 Downtown Huntington Beach Business Improvement District BALANCE SHEET AS OF 07/25M ASSETS Current Assets Business Checking: $59,731.31 Total Current Assets $59,731.31 TOTAL ASSETS $59,791.31 LIABILITIES&EQUITY Liabilities $0.00 Equity Retained Assessments $59,791.31 Total Equity $59,791.31 TOTAL LIABILITIES&EQUITY $59,791.31 Reso. No. 2006-49 Exhibit "A" Downtown Huntington Beach 7/11/2006 Business Improvement District 2007 Budget Proposal 2007 Proposed 2007 Budget Ordinary Income/Expense Income Fees&Assessments $69,000.00 $69,000.00 Interest Income . $0.00 $0.00 Total Income $69,000.00 $69,000.00 Categories/Projects Administrative $1,000.00 $1,000.00 Advertising $15.000.00 $16,000.00 Directory Marquis $5,000.00 $5,000.00 Downtown Brochure $5,000.00 $5,000.00 Mail&Print $3,000.00 $3,000.00 Main St Closure/ResearchA egal $10,000.00 $10,000.00 Maintenance/Steward Program $5,000.00 $5,000.00 Promotional Marketing Events $20,000.00 $20,000.00 Temporary Staffing $5,000.00 $5,000.00 $69,000.00 $69,000.00 Net Operating Balance $0.00 $0.00 Operating Balance $0.00 $0.00 Downtown Huntington Beach Business Improvement District 2005 Expense Summary 2005 Expenses Categories/Projects Administrative/Legal $262.81 Marketing $3,751.20 Total Outflows $4,014.01 Net Total Expenses $4,014.01 Reso. No. 2006-49 Assessment Formula/Map Reso. No. 2006-49 Exhibit "B" Downtown Business Improvement District Assessment Formula Benefit Zone 1 Retail Businesses Less than 1,000 sq. ft $250 1,000 sq. ft .to 5,000 sq ft. $500 5,000 sq. ft. or more $1,000 Restaurants Less than 1,000 sq. ft. $250 1,000 sq. ft. to 5,000 sq. ft $500 5,000 sq. ft. or more $1,000 Hotels Under 20 rooms $150 21-50 rooms $300 51+ rooms $500 Services/Office* $200/$100 if on 2"d floor or higher Real Estate Individual Licensee $50 Nail/Hair/Skin Stylist/Cart/Kiosk $50 Banks/ATM $500 Benefit Zone 2 Retail Businesses $250 Restaurants $250 Hotels Under 20 rooms $150 21-50 rooms $300 51+ rooms $500 Service/Office* $100/$50 if on 2"d floor or higher Real Estate Individual Licensee $50 Nail/Hair/Skin Stylist/Cart/Kiosk $25 Banks/ATM $500 • Assessments Excluded for Apartments, Non-profits, Home based businesses, and Temporary vendors. • Businesses outside the area may join with the approval of the BID Board by paying the equivalent fee annually. JCL 8/1/2006 IT yl va ;<: �.. ,... ,. tom`.+F:'..x4" 't ... .1 /... aw. ,... .. .... ........ .: :..:...� ... �.: ...:'.:•. F.' .ate'.,: s�(�x:::;.:.. y „ , .> S K i e 'Y s- 1 ' c x, t " , Y O -vs Huntington Beach Downtown Business Improvement District Map Reso. No. 2006-49 2006-2007 Operating Budget Reso. No. 2006-49 Exhibit "C" Downtown Huntington Beach 7/11/2006 Business improvement District 2007 Budget Proposal 2007 Proposed 2007 Budget Ordinary Income/Expense Income Fees&Assessments $69,000.00 $69,000.00 Interest Income $0.00 $0.00 Total Income $69,000.00 $69,000.00 Categories/Projects Administrative $1,000.00 $1,000.00 Advertising $15,000.00 $15,000.00 Directory Marquis $5,000.00 $5,000.00 Downtown Brochure $5,000.00 $5,000.00 Mail & Print $3,000.00 $3,000.00 Main St Closure/Research/Legal $10,000.00 $10,000.00 Maintenance/Steward Program $5,000.00 $5,000.00 Promotional Marketing Events $20,000.00 $20,000.00 Temporary Staffing $5,000.00 $5,000.00 $69,000.00 $69,000.00 Net Operating Balance $0.00 $0.00 Operating Balance $0.00 $0.00 Downtown Huntington Beach Business Improvement District 2005 Expense Summary 2005 Expenses Categories/Projects Administrative/Legal $262.81 Marketing $3,751.20 Total Outflows $4,014.01 Net Total Expenses $4,014.01 Res. No. 2006-49 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 21st day of August, 2006 by the following vote: AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook NOES: None ABSENT: None ABSTAIN: None P City erk and ex-officio rk of the City Council of the City of Huntington Beach, California