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HomeMy WebLinkAboutCity Council - 2014-43 RESOLUTION NO. 2014 - 43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO ESTABLISH THE HUNTINGTON BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT (HBTBID) AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the Property and Business Improvement District Law of 1994, Streets and Highways Code § 36600 et seq., (PBID Law of 1994) authorizes cities to establish business improvement districts for the purposes of promoting tourism; and Visit Huntington Beach, lodging business owners, members of the business community and representatives from the City of Huntington Beach have met to consider the formation of the Huntington Beach Tourism business improvement District (HBTBID); and Visit Huntington Beach has drafted a Management District Plan which sets forth the proposed boundary of the HBTBID, a service plan and budget, and a proposed means of governance; and The lodging business owners that will pay the assessment under the HBTBID have petitioned the City Council to establish the HBTBID; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: SECTION 1. The recitals set forth herein are true and correct. SECTION 2. The City Council finds that the lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Management District Plan have signed and submitted petitions in support of the formation of the HBTBID. The City Council accepts the petitions and adopts this resolution of intention to establish the HBTBID and to levy an assessment on certain lodging businesses within the HBTBID boundaries in accordance with the PBID Law of 1994. SECTION 3. The City Council finds that the Management District Plan satisfies all requirements of Streets and Highways Code § 36622. SECTION 4. The City Council declares its intention to establish the HBTBID and to levy and collect assessments on lodging businesses (not property owners) within the HBTBID boundaries pursuant to the PBID Law of 1994. SECTIONS. The boundaries of the HBTBID shall be the boundaries of the city of Huntington Beach, as shown on attached map, incorporated herein as Exhibit A. SECTION 6. The name of the district shall be the Huntington Beach Tourism Business Improvement District (HBTBID). 1 14-4313/111081 Reso. 2014-43 SECTION 7. The annual assessment rate for lodging businesses within the HBTBID shall be the equivalent of three percent (3%) of gross short-term (stays less than 31 days) room rental revenue (assessment formula). Excluded from the assessment formula are stays of more than thirty (30) consecutive days, or on stays by any federal or State of California officer or employee when on official business, or on stays by any officer or employee of a foreign government who is exempt from transient occupancy taxes by reason of express provision of federal law or international treaty. Assessments will not be collected from lodging businesses within the HBTBID on room rental revenue resulting from stays pursuant to contracts executed prior to October 1, 2014. SECTION 8. In general, the nature and extent of the improvements and activities that will be funded with assessments levied for the HBTBID shall be for sales promotion and marketing programs to market assessed lodging businesses in Huntington Beach as tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which HBTBID assessments are levied as long as they are used consistent with the requirements of the PBID Law of 1994. SECTION 9. The HBTBID will have a five (5) year term commencing October 1, 2014 through September 30, 2019, unless renewed pursuant to Streets and Highways Code § 36660. SECTION 10. Bonds shall not be issued. SECTION 11. The time and place for the public meeting to hear testimony on establishing the HBTBID and levying assessments are set for August 18, 2014, at 6:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 2000 Main Street, Huntington Beach, CA 92648. SECTION 12. The time and place for the public hearing to establish the HBTBID and the levy of assessments are set for September 15, 2014, at 6:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 2000 Main Street, Huntington Beach, CA 92648. The City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code § 36623. SECTION 13. At the public meeting and hearing the testimony of all interested persons for or against the establishment of the HBTBID may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the lodging businesses within the proposed HBTBID that will pay more than fifty percent (50%) of the estimated total assessment of the entire HBTBID, no further proceedings to establish the HBTBID shall occur for a period of one year. SECTION 14. The complete Management District Plan is on file with the City Clerk and may be reviewed upon request. SECTION 15. Collections for levy of assessments levied shall be in the same time and similar manner as the City's transient occupancy tax. 2 14-4313/111081 Reso. 2014-43 SECTION 16. 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 21st day of July , 2014. - M AsDk Mayor REVIEW APPROVED: APP VED AS TO FORM: City n e City Attorney_ 7- 3 14-4313/111081 Reso. 20-14-43 EXHIBIT A District Boundaries GARDE GROVEFREEW GARDEN QROVE FREEWAY CITY OF HUNTINGTON BEACH O Q W J 0 21 90 w 00 m 09 ti'c ti� ^9y PACIFIC OCEAN 4 14-4313/111081 Res. No. 2014-43 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 July 21, 2014 by the following vote: AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio NOES: None. ABSENT: None ABSTAIN: None .;3wd City CI k and ex-officio'C rk of the City Council of the City of Huntington Beach, California