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HomeMy WebLinkAboutCity Council - 2018-59 RESOLUTION NO. 2018-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO RENEW 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 City of Huntington Beach created the HBTBID on September 15, 2014 by Resolution No. 2014-72; and WHEREAS, the HBTBID was created for a five (5) year term which ends on September 30, 2019; and WHEREAS,the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to renew business improvement districts for the purposes of promoting tourism; and WHEREAS, Visit Huntington Beach, lodging business owners, and representatives from the City of Huntington Beach have met to consider the renewal of the HBTBID; and WHEREAS, Visit Huntington Beach has drafted a Management District Plan (Plan) which sets forth the proposed boundary of the HBTBID, a service plan and budget, and a proposed means of governance; and WHEREAS, lodging business who will pay more than fifty percent (50%) of the assessment under the HBTBID have petitioned the City Council to renew the HBTBID. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: 1. The recitals set forth herein are true and correct. 2. The City Council finds that lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the renewal of the HBTBID. The City Council accepts the petitions and adopts this Resolution of Intention to renew the HBTBID and to levy an assessment on certain lodging businesses within the HBTBID boundaries in accordance with the Property and Business Improvement District Law of 1994. 3. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code § 36622. 4. The City Council declares its intention to renew the HBTBID and to levy and collect assessments on lodging businesses within the HBTBID boundaries pursuant to the Property and Business Improvement District Law of 1994. 18-6918/188755 5. The HBTBID shall include all lodging businesses located within the boundaries of the City of Huntington Beach, as shown in the map attached as Exhibit A. 6. The name of the district shall be Huntington Beach Tourism Business Improvement District (HBTBID). 7. The annual assessment rate is four percent (4%) of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any federal or State of California officer or employee when on official business; and stays by any officer or employee for a foreign government who is exempt by reason of express provision of federal law or international treaty. 8. The assessments levied for the HBTBID shall be applied toward tourism enhancement 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 this resolution and the Plan. 9. The renewed HBTBID will have a nine (9) year and five (5) month term, beginning February 1, 2019 through June 30, 2028, unless renewed pursuant to Streets and Highways Code § 36660. 10. Bonds shall not be issued. 11. The time and place for the public meeting to hear testimony on establishing the HBTBID and levying assessments are set for November 19, 2018 at 6:00 PM, or as soon thereafter as the matter may be heard, at the City Council Chambers located at 2000 Main Street, Huntington Beach, CA 92648. 12. The time and place for the public hearing to establish the HBTBID and the levy of assessments are set for December 17, 2018 at 6:00 PM, or as soon thereafter as the matter may be heard, at the City 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, no later than November 1, 2018. 13. At the public meeting and hearing the testimony of all interested persons for or against the renewal 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 renewed HBTBID that will pay more than fifty percent (50%) of the estimated total assessment of the entire HBTBID, no further proceedings to renew the HBTBID shall occur for a period of one (1) year. 14. The complete Plan is on file with the City Clerk and may be reviewed upon request. 15. This resolution shall take effect immediately upon its adoption by the City Council. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of October , 2018 u r� Mayor REVIEWED AND APPROVED: INITIATED AND APPROVED: City n ge Deputy Director f Economic Development APPROVED AS TO FORM: A�-A� 1 _City Attorney 18-6918/188755 EXHIBIT A District Boundaries GARDE GROVE FREEW GARDEN GROVE FREEWAY L — I I CITY OF HUNTINGTON BEACH Q Q W O CD A S qc w c m co 9s T ti,� r' i i �i PACIFIC OCEAN Res. No. 2018-59 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, 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 October 15, 2018 by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden NOES: None ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California