HomeMy WebLinkAboutCity Council - 2010-61 RESOLUTION NO 2010-61
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 2010 2011 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 City is proposing to levy an assessment for fiscal year 2010-2011 pursuant to
the process detailed in Streets and Highways Code §36500, et seq and
The Districts Advisory Board has prepared and filed with the City Clerk an "Annual
Report/Operating Budget 2009-2010 Fiscal Year to Date" and "Proposed Budget for Fiscal Year 2010-
2011 (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 2010-2011 and a description of the improvements and
activities to be provided for Fiscal Year 2010 2011
SECTION 2 To levy and collect assessments within the District area for Fiscal Year 2010
2011 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 20 2010 at 6 00 p in 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
09 2232 001/48872 1
Resolution No 2010-61
Council will hear all interested 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 to the
proceedings A written protest may be withdrawn to 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 Downtown Business Improvement
District 315 3rd Street Suite E Huntington Beach CA 92648 (714) 536-8300
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 16th day of August 2010
Ma or
REVIE D APPROVED
INITIATED AND APP OVED
City nil istrator
Director of Eco omic pment
A OVED AS TO FORM
Yity Attorn y V
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09 2232 001/48872 2
Resolution No 2010 61
Exhibit A — Annua
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Resolution No 2010 61
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Resolution No 2010 61
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Hired a Marketing Consultant
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Administer and Supervise a City/ BID Downtown Maintenance Program
Maintain a HID office and presence in 1113 Downtown
Brand the BID logo in all evert and marketing materials
Communicate to BID Stakeholders via monthly newsletter
Post all BID Board meeting agendas and minutes on the 810
website at www hhdowntown cony
Continue to gather information to create downtown Three-Year Business Plan
Conduct quarterly BIER stakeholders Meetings & Social events
Maintain an updated Downtown Business Directory
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Continue to play a key role In the "DowntownRedevelopment" Plea
Strengthen strategic partnershipst other public and private
economic development and marketingentities o ensure that they
play a y role in the vitality of Downtown
Nourish established relationships and build new ones to cross market
with Plersrde event promoters
0 Expand BID events t " see, downtown t on Beach as a
prime destination
Resume research of Downtown Stgnage and Business Directories
Explore new avenues to advocate for Downtownbusinesses
Continue to partner with the City on special programs such as the
Free Bike Valet Service
Search for more opportunities to promote 5th Street
Establish a priority for banner placement on plain St
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Resolution No 2010 61
Huntington Beach Downtown Business Improvement Distract
2010-2011 Budget Proposal
(Fiscal year of October 1, 2010 through September 30, 2011)
Income
BID Assessments/Dues $95,000
SCN $40 000
Events $10 500
Total Income $145 500
Expenses
Administration/Operational $25 300
Independent Contracting $48 000
Legal $5 000
Accounting $6 000
Marketing/Advertising $41200
Holiday Beautification $20 000
Total Expenses $145 500
*Reserves (Unbudgeted) $67 000
Income and Reserves $212 500
Resolution No 2010 61
Exhibit e ssessment Schedule
Resolution No 2010 61
Downtown Business Improvement District
Assessment Formula 2010-2011
Benefit Zone 1
Retail Businesses 1 000 sq ft or less $300
(Includes Nail/Haar/Skin
Salons
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 1 000 sq ft or less $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 20 rooms or less $180
21-50 rooms $360
51+ rooms $600
Services/Office* First Floor $240
Second floor or higher $120
Cart/Kiosk $60
Banks/ATM $600
Benefit Zone 2
Retail Businesses $300
(Includes Nail/Hair/Skin
Salons
Restaurants $300
Hotels 20 rooms or less $180
21-50 rooms $360
51+ rooms $600
Service/Office* First Floor $120
Second floor or higher $60
Cart/Kiosk $30
Banks/ATM $600
• Assessments Excluded for Apartments, Real Estate Agents, 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
Resolution No 2010 61
Exhibit C ® Business Improvement
District Boundary Map
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Res No 2010-61
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 16, 2010 by the following vote
AYES Carchio Coerper Hardy Green Bohr Hansen
NOES None
ABSENT Dwyer
ABSTAIN None
Qalm) 63� If
_ y Clerk and ex-office Clerk of the
City Council of the City of
Huntington Beach California