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Home My WebLink AboutCity Council - 2008-48 RESOLUTION NO 2008-48 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 2008-2009 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 2008 2009 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 2007-2008 Fiscal Year to Date" and "Proposed Budget for Fiscal Year 2008- 2009" (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 2008 2009 and a description of the improvements and activities to be provided for Fiscal Year 2008-2009 SECTION 2 To levy and collect assessments within the District area for Fiscal Year 2008 2009 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 A attached hereto and incorporated herein by this reference SECTION 4 A public hearing shall be held before the City Council on September 15, 2008 , 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 persons for or against levying of the assessment, and the furnishing of 08 1606/24298 1 Downtown 41 Resolution No 2008-48 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 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 18thday of August , 200 8 4 /a4& 610.� Mayor REV IE D A PROVED INITIATED AND APPROVED City Administrator Director of Economic"Ddvelopment APPROVED AS TO FORM Jfn�:� II I ity Attorney AW- -1 15 0 0� 08 1606/24298 2 Downtown#1 Resolution No 2008 48 Exhibit A Huntington Beach Downtown Business Improvement District Annual Report/Budget zoo8/zoog Business Improvement District Renewal This report contains the following 1 2007/2oo8 Annual Report z 2007/2oo8 Budget 3 20o8/2009 Proposed Draft Budget Resolution No 2008 48 2007/2oo8 Huntington Beach Downtown Business Improvement District (HBDBID) 2007/2oo8 Annual Report • BID Operations Became a 501C 6 organization Expanded Board seats from 7 to 9 Updated By laws to reflect changes and future growth Created job descriptions for each board seat Created Program of Work for Ambassadors and soon to be implemented Business Development Committee Created a monthly Electronic Newsletter Posting of all agenda's and Minutes of BID Board meetings and on the BID Website at www hbdowntown com Created a New Member Packet, which is disbursed out upon applying for a business license • Surf City Nights Won the CALED Grand Prize"Partnership Award " Implemented a Surf City Nights Idol Contest Time Warner Sponsorship(trade)Valued at$15,000 Provide Information table for BID members,to display information about their products and services Participated in numerous city Public&Business surveys' • First Chili At The Beach event,some of the proceeds benefiting CHOC Hospital organized by the BID Block Ambassadors • Produced annual Downtown Halloween event, benefiting the community • Events Participating in Surf City Fest,city trial street closures(4) Taste of New Zealand Surf City USA Marathon Produced a"Runners Guide" National Paintball Partnered in the Woody Car Show AVP Light of Light of Love 4th of July • HBDBID Stakeholders, actively participated in the Downtown Specific Plan Workshops • BID Board Members actively participated in the ongoing downtown news rack problem solving handbill challenge • HBDBID Belongs to the following organizations California Downtown Association National Trust for Historic Preservation Exhibit A Resolution No 2008 48 3 50 PM Huntington Beach Downtown Business Improvement District 08/16/07 Cash Basis 2008 Budget October 2007 through September 2008 Oct 07 Sep 08 Ordinary Income/Expense Income Assessments&dues BID 96 450 00 RDA Management Agreement 13 500 00 Reserves Carried Forward from Prior Year 57 592 16 Total Income 167 542 16 Expense Administrative 34 500 00 f Consulting/Legal R&D 6 000 00 Marketing&Advertising 33 450 00 2 Postage 2 500 00 Special Events Costs 35 000 00 3 Steward Program/Cleaning 10 000 00 4 Surf City Nights 30 000 00 Miscellaneous 1 67000 Reserves to Carry Forward 14 422 16 Total Expense 167 542 16 Net 000 Included is Executive Directors salary 1/2 of which is directly related to SCN 2 A portion of this budget item is allocated to SCN Marketing&Promotion 3 A portion of this budget item is allocated to SCN event 4 A portion of this budget item is allocated to SCN event Exhibit A Resolution No 2008 48 3 50 PM Huntington Beach Downtown Business Improvement District 08/16/07 Cash Basis 2008-2009 Budget Proposal October 2008 through September 2009 Oct 08 Sep 09 Ordinary Income/Expense Income Assessments&dues BID $96 450 00 BID Administrative Services $22 000 00 Reserves Carried Forward from Prior Year(Cash in Bank Account as of 7/29/08) $59 206 00 Total Income $177 656 00 Expense Administrative $44 000 00 Consulting/Legal R&D $5 000 00 Marketing&Advertising $33 450 00 Postage $2 000 00 Special Events Costs $30 000 00 Steward Program/Cleaning $15 000 00 Surf City Nights $30 000 00 Miscellaneous $2 000 00 Reserves to Carry Forward $16 206 00 Total Expense $177 656 00 Net $0 00 The BID is requesting that the Agency provides subsidy for Administrative Services Exhibit A Resolution No 2008 48 PROPOSED 2008-09 Downtown Business Improvement District Assessment Formula Benefit Zone 1 Retail Businesses Less than 1 000 sq ft $300 1,001 sq ft to 2 500 sq ft $600 2 501 sq ft to 4 999 sq ft $900 5 000 sq ft or more $1 200 Restaurants Less than 1 000 sq ft $300 1 001 sq ft to 2 500 sq ft $600 2 501 sq ft to 4 999 sq ft $900 5 000 sq ft or more $1 200 Hotels Under 20 rooms $180 21-50 rooms $360 51+ rooms $600 Services/Office* First Floor $240 Second floor or higher $120 Real Estate Individual $60 Licensee Cart/Kiosk $60 Nail/Hair/Skin Stylist $30 Banks/ATM $600 Benefit Zone 2 Retail Businesses $300 Restaurants $300 Hotels Under 20 rooms $180 21-50 rooms $360 51+ rooms $600 Service/Office* First Floor $120 Second floor or higher $60 Real Estate Individual $60 Licensee Cart/Kiosk $30 Skin Stylist/Cart/Kiosk $30 Banks/ATM $600 • Assessments Excluded for Apartments, Non-profits, Home based businesses, and Temporary vendors • Businesses and Non-profit Organizations outside the area may join with the approval of the BID Board by paying the equivalent fee annually • Non-profit Organizations within the BID Assessment Zone can voluntarily participate by paying $30 to the Downtown BID directly Exhibit B Pecawi 4� t� Orange L ri 1f ttE 1 y10 1 y�a 1� --Igo ?CRY y l 1 ( �� a L4�(L ff i C- Ft t Y j4�� "i�� ' i_ i4 Ix �ti C^°t+.K � iW 15 I p� J t i i 4 s � M t CHIC .t �I ))4 11r S Huntington Beach ® %} Downtown Business Improvement District � a ;! Boundaries and Benefit Zones 1 & 2 Zoos-2009 EXHIBIT Resolution No 2008-48 Res No 2008-48 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 a regular meeting thereof held on August 18, 2008 by the following vote AYES Hansen Hardy Bohr Cook, Coerper Green, Carchio NOES None ABSENT None ABSTAIN None City Jerk and ex-officio &6rk of the City Council of the City of Huntington Beach California