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Adopt Resolution of Intention No. 2004-56 to Establish the H
PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) (ffYOf HUNTINGTON BEACH am a Citizen of the United States and a LEGAL NOTICE E'ORDINANCE NO.3661 resident of the County aforesaid; I am i Adopted by the City Coundl over the age of eighteen years and not a on SEPTEMBER 7,2004 "AN ORDINANCE OF THE parry to or interested in the below entitled CITY OF ESTABLISHING . BEACH ESTABLISHING THE H,UNTINGTON matter. I am a principal clerk of the BEACH ,DOWNTOWN HUNTINGTON BEACH INDEPENDENT, BUSINESS IMPROVE- MENT DISTRICT" ' .SYNOPSIS: a newspaper of general circulation, ON JULY 19, 2004, THE CITY COUNCIL AP- printed and published In the City of PROVED A RESOLUTION THAT DECLARED THE Huntington Beach, County of Orange, ESTABLISH -INTENTION T- g ty g � ESTABLISH THE HUN- TINGTON BEACH State of California, and that attached DOWNTOWN BUSINESS Notice is a true and complete copy as IMPROVEMENT DISTRICT AND LEVY AN ANNUAL' was printed and published In the ASSESSMENT FOR FIS- CAL YEAR 2004-2005. MERCHANTS WILL HAVE Huntington Beach Issue of said THE ABILITY TO DO COLLECTIVE ADVERTIS- ING, PUBLISH DOWN- newspaper to wit the Issue(s) of: TOWN'BUSINESS MAPS TO. DISTRIBUTE TO VISITORS AND RESI- DENTS, ENHANCE LANDSCAPING,SUPPORT SPECIAL EVENTS, AND September 16, 2004 INITIATE OTHER ACTIVI- TIES TO TAKE ADVAN- TAGE OF AN.INCREAS- ING NUMBER OF CUS- TOMERS TO EXPAND BUSINESS IN THE I DOWNTOWN DISTRICT. COPIES OF THIS ORDI- NANCE ARE AVAILABLE i IN THE CITY CLERK'S OFFICE PASSED AND ADOPTED dof eclare, under penalty of perjury, that th the City Council the City of Huntington Beach at a regular the foregoing is true and correct. meeting held September 7, 2004 by the following roll call vote: AYES: Sullivan, Coerp- P Bo Hardy, Green Executed on , September 16 , 2004 I Boardman, NOES:None ABSENT6'None at Costa Mesa, California. This, ordinance is ef- fektive,30 days after adoption. ' CITY OF -HUNTINGTON BEACH v:2000 MAIN STREET HUNTINGTON BEACH, Signature CA 92648 . �r 714-536-5227 JOAN,L.FLYNN,: ,: CITY CLERK' ,jPublished Huntington Beach Independent September,l6,2004 Lal 093-998 H. B. INDEPENDENT PUBLISH DATE: 9/16/04 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 3661 Adopted by the City Council on SEPTEMBER 7, 2004 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT" SYNOPSIS: ON JULY 19, 2004,THE CITY COUNCIL APPROVED A RESOLUTION THAT DECLARED THE CITY'S INTENTION TO ESTABLISH THE HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2004-2005. MERCHANTS WILL HAVE THE ABILITY TO DO COLLECTIVE ADVERTISING, PUBLISH DOWNTOWN BUSINESS MAPS TO DISTRIBUTE TO VISITORS AND RESIDENTS, ENHANCE LANDSCAPING, SUPPORT SPECIAL EVENTS,AND INITIATE OTHER ACTIVITIES TO TAKE ADVANTAGE OF AN INCREASING NUMBER OF CUSTOMERS TO EXPAND BUSINESS IN THE DOWNTOWN DISTRICT. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held September 7, 2004 by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook NOES: None ABSENT: None This ordinance is effective 30 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L. FLYNN, CITY CLERK ORDINANCE NO. 3 6 61 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ESTABLISHING 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 in order to promote economic revitalization and tourism, create jobs, attract new businesses, and prevent erosion of business districts on businesses which benefit from these improvements and activities;•and The purpose of the business improvement area, as proposed by this ordinance, is to fund activities to promote activities which benefit all businesses within the downtown business area of the City of Huntington Beach; and A sizeable majority of the businesses within the downtown area of the City of Huntington Beach have requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish a Downtown business benefit area and to levy special assessments to promote activities which benefit businesses located n the area; and On July.19,2004,the City Council adopted Resolution No.�2004-56, decla ing its intention to form the a business improvement area entitled the Huntington Beach Downtown Business Improvement District with the boundaries of the proposed district and the boundaries of the benefit zones to be as depicted in Exhibit"A", attached hereto and incorporated herein by this reference. On August 16,2004, at City Hall Council Chambers,2000 Main Street,Huntington Beach, California, a duly noticed public hearing, in accordance with the notice requirements of Streets and Highways Code Section 36523,was held concerning the establishment of the business improvement area; and The City Council of the City of Huntington Beach has now determined to establish the Huntington Beach Downtown Business Improvement District to provide for the imposition of a _. benefit assessment and to ado pt'an ordinance to such effect, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Intent and Purpose. On July 19, 2004, the City of Huntington Beach (the "City") adopted Resolution No .2004-56(the "Resolution"),'declaring its intention to establish a business improvement area known as the Huntington Beach Downtown Business Improvement District and to levy a benefit assessment on all businesses within said district,the proceeds of which shall be used for the public purposes therein described, pursuant to the 04ord/downtown business Bm/8/2/04 1 Parking and Business Improvement Area Law of 1989,Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code (the "Act")). On August 16, 2004, the City Council held a duly noticed public hearing concerning the establishment of the District. The City Council has heard and considered all oral and written protests or other comments regarding such proposed action,and written protests from businesses in the proposed area paying a majority of the proposed assessment have not been received and the City Council finds,based on all evidence presented that the businesses within the improvement area will be benefited by the expenditure of the funds raised by the assessments proposed to be levied.. SECTION 2. Establishment of Area. A parking and business improvement area to be known as the "Huntington Beach Downtown Business Improvement District" (the "District") is hereby established pursuant to the Act. The boundaries of the District and the benefit zones within the District are generally located within the downtown area of the City of Huntington Beach, and are forth with greater specificity in the map and lists attached hereto as Exhibit A. SECTION 3. Method and Basis of Leyying�Assessments/Business Classifications. The method and basis of levying of assessments in the District is set forth in Exhibits A and B. For purposes of the assessments to be imposed pursuant to this Ordinance, the City Council may make a reasonable classification of business, giving consideration to various factors, including general benefit to.businesses and the degree of benefit received from programs of the District. SECTION 4. Collection of Benefit Assessment. The benefit assessment authorized by this Ordinance shall be collected on an annual basis at the same time,`but with separate itemization, as the City of Huntington Beach Business License Tax that is collected pursuant to the Huntington Beach Municipal Code. The levy of assessments will commence on October 1, 2004. SECTION 5. Amendments to the Act. The District and all businesses within the area established by this ordinance are subject to any amendments to the Act. SECTION 6. Penalty for Delinquent Payment. For failure to pay a benefit assessment when due,the City shall add a penalty of ten percent(10%) of the assessment amount on the last calendar day of each month after the date due thereof,providing that the penalty amount to be added shall in no event exceed one hundred percent(100%) of the assessment amount due.No:City business license shall be knowingly issued or renewed to any business which, at the time of making application!for.any license or=renewal thereto,is indebted to the City for any delinquent benefit assessment. SECTION 7. Boundary Modification. The City Council may modify the boundaries or assessment, established by this Ordinance. The modifications shall be made pursuant to the requirements of the Act and this ordinance,but no assessment shall be modified which would impair the ability of the District to meet the obligation of a contract to be paid from the revenues derived from the levy of assessments. SECTION 8. Chang_es in Assessments. Any businesses covered by this Ordinance shall also be subject to changes which may be made in the assessments or in the uses to which 04ord/downtown business BID/8/2/04 2 the revenues shall be put, as specified in this Ordinance and as permitted by the Act. Such changes shall be made by later ordinance adopted after a hearing before the City Council,or by Resolution, if approved in conjunction with confirmation of the Annual Report. SECTION 9. Restriction on Use. The assessments levied on businesses pursuant to this Ordinance shall,to the maximum extent feasible,be levied on the basis of the estimated benefit to the.businesses within the District and the revenues from the levy of assessments shall not be used to provide improvements or activities outside of the District or for any other purpose not specified in said Resolution No. 2004-56,except as the same may be modified by City Council at the hearing concerning the establishment of the area or subsequently thereto. The types and improvements and activities that will be funded by the levy of assessments on business within the District include those specified in Exhibit C attached hereto and incorporated herein by this reference. SECTION 10. Fiscal Year. The fiscal year of the District shall be that period of October 1 of year through September 30 of the following year, and the first fiscal year of the District shall commence on October 1, 2004. SECTION 11. Exemptions. New businesses with the District,whose operations commence after the effective date of this ordinance will not be exempt from the levy of the assessments. SECTION 12.. ;Advisory Board. (a) Appointment. The City Council shall appoint a seven-member Advisory-Board following an election to be held prior to October 1, 2004, by the businesses subject to the proposed assessments. Each business will have equal voting weight,regardless of assessment represented. The Advisory Board shall make recommendations to the City Council on the expenditure of revenues derived from assessments pursuant to this part, on the classification of businesses, and on the method of levying the assessments. (b) Annual Report. The Advisory Board shall prepare a report for each fiscal year for which assessments are to be levied.The report shall be filed with the City Clerk and shall comply with all the requirements of Streets and Highways Code Section 36533 as the same may be.amended.from time to time. (c) Approval of Report. Pursuant Act, the City Council may approve the annual report filed by the Advisory Board or may modify any particular item contained in the report and approve it as modified. The City Council shall not approve a change in the basis or method of levying assessments which would impair an executed contract to be paid from the revenues derived from the assessments. SECTION 13 Area Establishment and Disestablishment. All provisions of this Chapter applicable to the establishment or disestablishment of an area shall apply to the establishment, modification, or disestablishment of benefit zones pursuant to the Act, and subject to any 04ord/downtown business BID/8/2/04 3 amendments thereof, and the establishment or the modification of any benefit zone shall follow the same procedures as provided for the establishment of a parking and business improvement area and the disestablishment of a benefit zone shall follow the same procedure as provided for disestablishment of an area. SECTION 14. This ordinance shall take effect 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7 th day of September ,2004. ATTEST W Ma APPROVED AS TO FORM: 4� e Ci Clerk tytrn y REVIEWED AND APPROVED: 'ITI TED AND APPROVED: City:AcOninistrator Director of Econonuc Development 04ord/downtown business BID/M04 4 August 16, 2004 - Counc�►gency Agenda - Page 11 D-2 (City Council) Public Hearing Pursuant to Resolution of Intent No. 2004-56 -� Adopted on July 19,2004_to_Consider_the Formation of a Proposed Huntington Beach'Downtown Business Improvement District—' Approve Introduction of i Ordinance No. 3661_(:460.30) `Communication from the Economic Development Director transmitting the following Statement of Issue: At the City Council meeting of July 19, 2004, the City Council approved Resolution of Intent No. 2004-56. This action declared the City's intention to levy an assessment for the Huntington Beach Downtown Business Improvement District for 2004-2005 and authorized the City Clerk to schedule a public hearing to be held on August 16, 2004. Copies of the Resolution, BID Boundary Map and assessment formula were sent to each business to be assessed. A protest ballot and pre-addressed envelope were also sent to each business in the boundary area. In order to form the Huntington Beach Downtown Business Improvement District, the City Council must now hold a public hearing and pass an ordinance forming the new BID and approving the assessment for the 2004-2005 fiscal year, assuming the protest threshold is not reached. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing "PowerPoint presentation titled Downtown Business Improvement District Establishment for FY 2004-2005,August 16, 2004 is included in the agenda packet. Recommended Action: Motion to: 1. Conduct public hearing. and 2. After the City Clerk reads by title, approve by roll call vote, introduction of Ordinance No. 3661 — "An Ordinance of the City of Huntington Beach Establishing the \ Huntington Beach Downtown Business Improvement District." Economic Development Director David Biggs presented Power Point. Mr. Biggs r�tom, introduced Christy Teague of his staff assigned to the project. Mayor Green opened the protest public hearing. \ City Clerk Joan L. Flynn reported on the public hearing conditions set for protests. Public testimony was heard in support of the BID. Speakers proposed third tier be adopted for small business owners under 1,000 square feet. Speaker spoke in opposition to what he finds as unfair, stating that it should not be a mandatory fee assessment if it does not benefit the business owner. (12) 0 August 16, 2004 -Counc�!rAgency Agenda - Page 12 Speaker announced a petition has been started against the BID and a survey sent which resulted so far in 74 against, 4 in favor, one undecided and 5 returned to sender. Speaker, President of the Huntington Beach Conference and Visitor's Bureau spoke in favor of the BID as an ideal model. Mayor Green closed the public hearing. City Clerk Joan L. Flynn reported percentage of assessment 10.8 of$8,800 of total of$81,225. 34 protests received. Councilmember Cook recommended removing the property owners from BID and Councilmember Boardman recommended assessment of$250.00(decreased by half of proposed) for business owners of under 1,000 square feet. Councilmember Houchen expressed concern that real estate brokers do not hold business licenses. .Motion to take b-usiness/retail restaurants under 1,000 square feet:and assess-fee �-Approved_54-1-(Sullivan No, Hardy absent)_ a Motion to renioV6 apartments from BID._ Approved 4-2 1 (Sullivan, Green-.-No, Hardy absent) Motion to approve introduction_of-ordinance with.amendments. Approved Introduction 6-0-1 (Hardy abse_n_t)__ 7 �' j Exhibit B�(ReAsed). Downtown Business Improvement District Assessment Formulas Benefit Zone 1 Retail Businesses $250 Less than 1,000 sq. ft. $500 1,000 sq. ft .to 5,000 sq. ft. $19000 5,000 sq. ft. or more Restaurants $250 Less than 1,000 sq. ft. $500 1,000 sq. ft. 5,000 sq. ft. $1,000 5,000 sq. ft. or more Hotels $500 Services/Office* $200/$100 if on 2nd floor or higher Real Estate Individual Licensee $50 Nail/Hair/Skin Stylist $50 Banks $500 Benefit Zone 2 Retail Businesses $250 Restaurants $250 Hotels $500 Service/Office* $100/$50 if on 2nd floor or higher Real Estate Individual Licensee $50 Nail/Hair/Skin Stylist $25 Banks $500 * Business Licensees for Apartments Excluded N o A) �00 Council/Agency Meeting Held: $f/0oy Deferred/Continued to:a0PT� q! l l0�_L ) Ap rove ❑ on itionally Approved ❑ Denied City erk ignatur Council Meeting Date: 8/16/2004 Department ID Number: EP 04=20 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL. ACTION SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL B RS =F o SUBMITTED BY: PENELOPE CULBR -GRA CITY Y ADMINIST ATOR_ PREPARED BY: DAVID C. BIGGS, DIRECTOR OF ECONOMIC DEVELOPMENT 4W SUBJECT: Conduct Public Hearing and Adopt Ordinance to Establish the Huntington Beach Downtown Business Improvement District and Levy Annual Assessment for Fiscal Year 2004-2005 CQ ? 3�Ca f Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: At the City Council meeting of July 19, 2004, the City Council approved Resolution No. 2004-56. This action declared the City's intention to levy an assessment for the Huntington Beach Downtown Business Improvement District for 2004- 2005 and authorized the City Clerk to schedule a public hearing to be held on August 16, 2004. Copies of the Resolution, BID Boundary Map and assessment formula were sent to each business to be assessed. A protest ballot and pre-addressed envelope were also sent to each business in the boundary area. In order to form the Huntington Beach Downtown Business Improvement District, the City Council must now hold a public hearing and pass an ordinance forming the new BID and approving the assessment for the 2004-2005 fiscal year, assuming the protest threshold is not reached. Funding Source: Not applicable. Recommended Action: MOTION TO: 1. Conduct Public Hearing. 2. Adopt City Council Ordinance No.366/ , An Ordinance of the City of Huntington Beach Establishing the Huntington Beach Downtown Business Improvement District. Alternative Action(s): 1. Deny the request to approve the Ordinance; or 2. Modify elements of the proposed Ordinance, such as: assessment amounts, district boundaries, or categories of assessments. REQUEST FOR ACTION MEETING DATE: 8/16/2004 DEPARTMENT ID NUMBER:ED-04-20 Analysis: Business Improvement Districts are tools often used in downtown areas and older commercial districts for collective efforts such as marketing, advertising, special events, landscaping, and maintenance. BIDs are used to help maintain revitalized downtown areas and improve business in areas throughout California and the nation. A list of other BIDs in Orange County and Southern California is attached. In June 2002, downtown merchants approached the City of Huntington Beach about forming a new Business Improvement District in the downtown commercial area. Since that time, merchants have held four outreach meetings to determine interest in forming a BID, identify downtown priorities, define boundary areas, and determine assessment levels. A chronology of mailings and meetings held is attached. In response to merchants' request for additional outreach, City representatives agreed to conduct a survey and send additional information to affected merchants regarding the BID formation progress and schedule. An analysis of the survey results is attached for your review. Though the number of negative responses and assessment amounts exceed the number of positive responses and assessment amounts, the negative assessment amount total of $9,200 was less than 11% of the approximate assessment total of$90,000. The attached boundary map shows the area proposed for the BID, which includes the future Strand and Pacific City projects. Businesses in these new projects, many of them national chains, will be part of the greater downtown district and will contribute to fund activities to improve business in the downtown BID area. With the funding of a BID, merchants will have the ability to do collective advertising, publish downtown business maps to distribute to visitors and residents, enhance landscaping, support special events, and initiate other activities to take advantage of an increasing number of customers to expand business in the downtown district. Each business within the BID boundaries will be assessed an annual amount, collected with the City Business License, to pay for approved categories of spending to benefit downtown businesses. The proposed categories, benefit zones, and assessment amounts are set forth in the attached Ordinance. Funding decisions will be made by a seven-member BID Advisory Board to be selected by election from the businesses paying the proposed assessments prior to the start date of October 1, 2004. Each business will have equal voting weight, regardless of assessment represented. The elected BID Advisory Board can modify the proposed budget within the approved categories. State law requires activities benefit businesses located and operating in the area. Merchants will elect the Advisory Board to manage and control the funds for. activities that benefit the entire district. The public protest hearing is the last step in the formation of the new BID. At that time, the City Council will have a tally of the percentage of written assessments protested, will accept oral protests, and will hear additional public comments regarding the formation of the Huntington Beach Downtown Business Improvement District. If the protests total less than 50% of the total amount to be collected, the City Council can approve the proposed BID. If more than 50% of the total assessment amount is protested, the City Council cannot form the BID or consider it further for one year. The City Council also has the option of reducing G:\Christy\BIDs\Downtown\Formation City Council\RCA081604.doc -2- 8/2/2004 1:54 PM * REQUEST FOR ACTION 0 MEETING DATE: 8/16/2004 DEPARTMENT ID NUMBER:ED-04-20 assessments or reducing the BID boundary area, if desired, after considering public comments. Environmental Status: Not applicable. Attachment(s): Pa-g6,Number Descri0 • 1. Ordinance No. 3�/ An Ordinance of the City of Huntington Beach Establishing the Huntington Beach Downtown Business Improvement District. 2. Orange County and Southern California Cities with Business Improvement Districts. 3. Huntington Beach Downtown Business Improvement District Merchant Outreach Chronology. 4. Downtown BID Survey Conducted July 2004. 5. Power Point Presentation. G:\Christy\BIDs\Downtown\Formation City Council\RCA081604.doc -3- 8/2/20041:54 PM Ordinance and Exhibits Attac-h rmewent-1 � �, ORDINANCE NO. 3661 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ESTABLISHING 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 in order to promote economic revitalization and tourism, create jobs, attract new businesses, and prevent erosion of business districts on businesses which benefit from these improvements and activities;'and The purpose of the business improvement area, as proposed by this ordinance, is to fund activities to promote activities which benefit all businesses within the downtown business area of the City of Huntington Beach; and A sizeable majority of the businesses within the downtown area of the City of Huntington Beach have requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish a Downtown business benefit area and to levy special assessments to promote activities which benefit businesses located n the area; and On July 19, 2004,the City Council adopted Resolution No. 2004-56, declaring its intention to form the a business improvement area entitled the Huntington Beach Downtown Business Improvement District with the boundaries of the proposed district and the boundaries of the benefit zones to be as depicted in Exhibit"A", attached hereto and incorporated herein by this reference. On August 16, 2004, at City Hall Council Chambers,2000 Main Street,Huntington Beach, California, a duly noticed public hearing, in accordance with the notice requirements of Streets and Highways Code Section 36523, was held concerning the establishment of the business improvement area; and The City Council of the City of Huntington Beach has now determined to establish the Huntington Beach Downtown Business Improvement District to provide for the imposition of a benefit assessment and to adopt an ordinance to such effect, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Intent and Purpose. On July 19, 2004, the City of Huntington Beach (the "City") adopted Resolution No .2004-56 (the "Resolution"),-declaring its intention to establish a business improvement area known as the Huntington Beach Downtown Business Improvement District and to levy a benefit assessment on all businesses within said district,the proceeds of which shall be used for the public purposes therein described,pursuant to the 04ord/downtown business BID/8/2/04 1 ® 0 Parking and Business Improvement Area Law of 1989, Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code (the "Act")). On August 16, 2004, the City Council held a duly noticed public hearing concerning the establishment of the District. The City Council has heard and considered all oral and written protests or other comments regarding such proposed action, and written protests from businesses in the proposed area paying a majority of the proposed assessment have not been received and the City Council finds,based on all evidence presented that the businesses within the improvement area will be benefited by the expenditure of the funds raised by the assessments proposed to be levied. SECTION 2. Establishment of Area. A parking and business improvement area to be known as the "Huntington Beach Downtown Business Improvement District" (the "District") is hereby established pursuant to the Act. The boundaries of the District and the benefit zones within the District are generally located within the downtown area of the City of Huntington Beach, and are forth with greater specificity in the map and lists attached hereto as Exhibit A. SECTION 3. Method and Basis of Levying Assessments/Business Classifications. The method and basis of levying of assessments in the District is set forth in Exhibits A and B. For purposes of the assessments to be imposed pursuant to this Ordinance, the City Council may make a reasonable classification of business, giving consideration to various factors, including general benefit to businesses and the degree of benefit received from programs of the District. SECTION 4. Collection of Benefit Assessment. The benefit assessment authorized by this Ordinance shall be collected on an annual basis at the same time, but with separate itemization, as the City of Huntington Beach Business License Tax that is collected pursuant to the Huntington Beach Municipal Code. The levy of assessments will commence on October 1, 2004. SECTION 5. Amendments to the Act. The District and all businesses within the area established by this ordinance are subject to any amendments to the Act. SECTION 6. Penalty for Delinquent Payment. For failure to pay a benefit assessment when due,the City shall add a penalty of ten percent (10%) of the assessment amount on the last calendar day of each month after the date due thereof,providing that the penalty amount to be added shall in no event exceed one hundred percent (100%) of the assessment amount due. No City business license shall be knowingly issued or renewed to any business which, at the time of making application for any license or-renewal thereto, is indebted to the City for any delinquent benefit assessment. SECTION 7. Boundary Modification. The City Council may modify the boundaries or assessment, established by this Ordinance. The modifications shall be made pursuant to the requirements of the Act and this ordinance,but no assessment shall be modified which would impair the ability of the District to meet the obligation of a contract to be paid from the revenues derived from the levy of assessments. SECTION 8. Changes in Assessments. Any businesses covered by this Ordinance shall also be subject to changes which may be made in the assessments or in the uses to which 04ord/downtown business BID/8/2/04 2 the revenues shall be put, as specified in this Ordinance and as permitted by the Act. Such changes shall be made by later ordinance adopted after a hearing before the City Council, or by Resolution, if approved in conjunction with confirmation of the Annual Report. SECTION 9. Restriction on Use. The assessments levied on businesses pursuant to; this Ordinance shall, to the maximum extent feasible, be levied on the basis of the estimated benefit to the businesses within the District and the revenues from the levy of assessments shall not be used to provide improvements or activities outside of the District or for any other purpose not specified in said Resolution No. 2004-56, except as the same may be modified by City Council at the hearing concerning the establishment of the area or subsequently thereto. The types and improvements and activities that will be funded by the levy of assessments on business within the District include those specified in Exhibit C attached hereto and incorporated herein by this reference. SECTION 10. fiscal Year. The fiscal year of the District shall be that period of October 1 of year through September 30 of the following year, and the first fiscal year of the District shall commence on October 1,2004. SECTION 11. Exem_ptions. New businesses with the District, whose operations commence after the effective date of this ordinance will not be exempt from the levy of the assessments. SECTION 12. Advisory Board. (a) Appointment. The City Council shall appoint a seven-member Advisory Board following an election to be held prior to October 1, 2004,by the businesses subject to the proposed assessments. Each business will have equal voting weight, regardless of assessment represented. The Advisory Board shall make recommendations to the City Council on the expenditure of revenues derived from assessments pursuant to this part, on the classification of businesses, and on the method of levying the assessments. (b) Annual Report. The Advisory Board shall prepare a report for each fiscal year for which assessments are to be levied. The report shall be filed with the City Clerk and shall comply with all the requirements of Streets and Highways Code Section 36533 as the same may be amended from time to time. (c) Approval of Report. Pursuant to Act, the City Council may approve the annual report filed by the Advisory Board or may modify any particular item contained in the report and approve it as modified. The City Council shall not approve a change in the basis or method of levying assessments which would impair an executed contract to be paid from the revenues derived from the assessments. SECTION 13 Area Establishment and Disestablishment. All provisions of this Chapter applicable to the establishment or disestablishment of an area shall apply to the establishment; modification, or disestablishment of benefit zones pursuant to the Act, and subject to any 04ord/downtown business B[D/8/2/04 3 amendments thereof, and the establishment or the modification of any benefit zone shall follow the same procedures as provided for the establishment of a parking and business improvement area and the disestablishment of a benefit zone shall follow the same procedure as provided for disestablishment of an area. SECTION 14. This ordinance shall take effect 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of September , 2004. ATTEST Ma APPROVED AS TO FORM: 0 Ci6PCIerk 4t�y Attorn y g REVIEWED AND APPROVED: INITI TED AND APPROVED: ,s0 City AcOninistrator Director of Economic Development 04ord/downtown business BID/8/2/04 4 Ord. No. 3661 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH I, JOAN L. FLYNN,the duly appointed, 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 six; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 16th day of August, 2004, and was again read to said City Council at a kegular meeting thereof held on the 7th day of September, 2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Coerper, Hardy, Green,Boardman, Cook NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on September 16,2004. In accordance with the City Charter of said City Joan L. Flynn, City Clerk CM Clerk and ex-officio (Aerk Deputy City Clerk of the City Council of the City of Huntington Beach, California EXHIBIT A : MEN 7 NtM A. a .a• � �..�. :.= ... .....�. :;: ..;... �'� \ ���� cam. �>��. e .��� � >.' � ', r. • EXHIBIT B Exhibit D (Revised) Downtown Business Improvement District Assessment Formulas Benefit Zone 1 Retail Businesses $250 Less than 1,000 sq. ft. $500 1,000 sq. ft .to 5,000 sq. ft. $1,000 5,000 sq. ft. or more Restaurants $250 Less than 1,000 sq. ft. $500 1,000 sq. ft. 5,000 sq. ft. $1,000 5,000 sq. ft. or more Hotels $500 Services/Office* $200/$100 if on 2nd floor or higher Real Estate Individual Licensee .`$50 Nail/Hair/Skin Stylist $50 Banks $500 Benefit Zone 2 Retail Businesses $250 Restaurants $250 Hotels $500 Service/Office* $100/$50 if on 2nd floor or higher Real Estate Individual Licensee $50 Nail/Hair/Skin Stylist $25 Banks $500 * Business Licensees for Apartments Excluded EXHIBIT C EXHIBIT C HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT.DISTRICT Annual Budget _Fiscal Year 2004-2005 BID assessments will be used to establish the Huntington Beach Downtown Business Improvement District budget. The Huntington Beach Downtown Business Improvement District will actively fund activities to promote Huntington Beach Downtown businesses. The BID fiscal year will be from October ls`to September 30`h EXPENDITURES MARKETING/ADVERTISING $20,000 • Downtown Maps • Publicity Efforts • Visitors Guide Advertising • Signage/Brochures SPECIAL EVENTS $40,000 July 4tn . • Halloween • Surf Promotions • Spring/Fall Promotions LANDSCAPING $151000 ADMINISTRATION $10,000 LEGAL/ACCOUNTING $3,000 MISCELLANEOUS $2,000 ANTICIPATED EXPENDITURES $90,000` ANTICIPATED REVENUES $90,000 Orange County/Southern California Cities with Business Improvement Districts in t r Attachment 2 Orange County and Southern California Cities With Business Improvement Districts Orange County Business Improvement Districts • Brea Downtown • Balboa Island, Marine Avenue • Balboa Village Commercial District • Corona del Mar • Costa Mesa, Hotel BID to Support Visitors Bureau • Huntington Beach Auto Dealers Business Improvement District • Huntington Beach Hotel/Motel Business Improvement District • Laguna Beach, Hotel BID to support Arts and Community Agencies • Newport Beach Restaurants Citywide • Santa Ana Downtown • San Clemente Currently Considering BID Downtown Examples of Other California Business Improvement Districts • Belmont Shore • Encinitas Downtown • La Jolla • Long Beach Downtown • Los Angeles Fashion District • Manhattan Beach • Ocean Beach • Pasadena • San Diego Gaslamp District • San Luis Obispo • Santa Monica(5 BIDs) Huntington Beach Downtown Business Improvement District Merchant Outreach chronology AT J, Attachment 3 Huntington Beach Downtown Business Improvement District Merchant Outreach Chronology Mailed Survey and Meeting Notice September 18, 2003 Evening Meeting Held at Art Center October 8, 2003 Mailed Postcard Meeting Notice December 1, 2003 Morning Meeting Held at Longboard Restaurant December 11, 2003 Mailed Notices of Downtown Economic Development Committee Discussion of BID Formation January 8, 2004 Economic Development Committee Meeting January 23, 2004 Mailed Information Packet and Meeting Notice April 28, 2004 Evening Meeting Held at Art Center June 3, 2004 Mailed Information Packet, Schedule and Survey June 29, 2004 City Council Meeting to Consider BID Formation July 19, 2004 Mailed Resolution of Intention to Levy Assessments Approved by City Council on July 19, 2004 and Notification of Protest Hearing of August 16, 2004 With Protest Ballot July 26, 2004 City Council Protest Hearing August 16, 2004 Downtown AID Survey Conducted July 2004 '',.ATTA H M E 'NamT� Im;'ff4 Attachment 4 DOWNTOWN BID SURVEY July 2004 Mailed: June 291h to 360 businesses in Downtown BID Boundary Area Responses as of July 30, 2004: 53 Positive Responses: 20 Main St. (Benefit Zone 1) 11 $4,100 Main St. (Benefit Zone 2) 3 450 Pacific Coast Highway(Zone 1) 3 2,000 Olive St. (Zone 1) 2 700 Walnut (Benefit Zone 1) 1 200 Assessment Amount Represented: $7,450 Negative Responses: 32 Main St. (Benefit Zone 1) 9 $4,200 Main St. (Benefit Zone 2) 5 650 Pacific Coast Highway(Zone 1) 5 1,800 Pacific Coast Highway(Zone 2) 4 800 3rd St. 3 500 5ch St. (Benefit Zone 2) 3 750 Orange Ave. (Benefit Zone 2) 3 500 Assessment Amount Represented: $9,200 Neither Positive or Negative Response: 1 $ 250 Power Point Presentation ATTACHMEN .T� , #,5 Downtown • Business Improvement District 2004-2005 r FY Establishment August 1 .6, 2004 . ..y _ Mg rt. M�, �J Background MilliNg • In June 2002, a group of merchants � approached the City about forming a new Downtown BID. • Since that time, four public meetings were held in addition to several smaller meetings of the Merchants Formation Committee to � determine goals, boundaries, and fair assessment structure. Background v July 19, 2004 � City Council Approved Resolution No. 2004-56 intention to Levy Assessment for Huntington Beach Downtown BID for 2004-2005 and � Scheduled Public Hearing MEN Assessments • Annual assessments to be collected with s Business License • Tiered assessment schedule according to type of business and benefit zone • Two benefit zones • Assessment rates vary from $25 to $ 1 ,000 • depending on type and location of business %\ sE / /A � /'f ^`` grfC \ ell Th AV& yyyy ! i y wool i � L •� � � AVA // 1 IN SIR / la E1C OR low am WP l z/ \ f�i •m Benefit Zone 1 • Includes first three blocks of Main Street � • Includes Myatt and Hilton hotels • In cludes Pacific City to be constructed • Pays higher assessment than Benefit Zone 2 s t a Vi RIM I Jf/ IiA �c- v e ji fin' ......., ! r,�'• 'fir *:, - "'••"• / Ste: .. .t / � ,,,; � /j / •��\ � t _s x r y � a / y r / 2 r /n u v r � � t� � � s gene It Zone 2 • Most assessments half of Benefit Zone 1 • Includes 4 th & 5thblocks of Main Street, Fifth Street and Beach concessions 1A ......... ",*.............. r cr i rr � e w v3` `t" t x V ` \ / 1 . lrov kli J 3q� , Jj Pacific 4, £� f t e \ u,%i``4i ..���V E F r WIRIF ri ,,.;,. 9i ,_,.,a\•. .:,,,:a5! , „°:` ,_� �.. �,a""� / ....U� ,.,, .__,,,,:<�.. � ...�... �v w",� _k %A, ,vv�: Kim... .. ;a r: / a Other Southern California BIDs Brea LA Fashion Di strict � Balboa Island Manhattan beach Corona del Mar Ocean Beach Belmont Shore Pasadena Encinitas San Diego Gaslamp District • La Jolla San -Luis Obispo Long Beach Downtown .Santa Monica Merchant Outreach • Mailed Is' Survey to Merchants 9- 18-03 � • Evening Meeting at Art Center 10-8-03 • Morning Meeting at Longboard 12- 11 -03 • Economic Development Committee Meeting at City Hall 1 -23 -04 • • Evening Meeting at Art Center 6-3 -04 • Mailed 2ndSurvey to Merchants 6-29-04 Public Protest Hearing • Last step for BID formation � • If protests more than 50% of assessments, City Council cannot form BID or consider for one year • City Council has option of reducing boundary area, assessment amounts or s categories of businesses included in BID Recommended Action • Open public protest hearing � • Written protests calculated, add any new protests stated orally at meeting • Close public hearing Calculate % Assessments protested • Report on Protests and if less than 50%, � vote to approve Ordinance to form new BID RCI ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Conduct Public Hearing and Adopt Ordinance to Form Huntington Beach Downtown Business Improvement District COUNCIL MEETING DATE: August 16, 2004 ,RCA..ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached �] Not Applicable ❑' Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney Certificates of Insurance (Approved b the City Attorne Attached ❑ ( pP Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Attached ❑ Staff Report (If applicable) Not Applicable Commission, Board or Committee Re ort If applicable Attached El p ( pp ) Not Applicable Attached ❑ Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIE11uED RETURNED FOR D Administrative Staff Assistant City Administrator Initial City Administrator (Initial) ) ( ) City Clerk EXPLANATION FOR RETURN OF ITEM. (Below Space For City Clerk's Use • RCA Author: Christy Teague X5088 Exhibit B Downtown Business Improvement District Assessment Formulas Benefit Zone 1 Retail Businesses $500 Less than 5,000 sq. ft. $1000 5,000 sq. ft. or more Restaurants $500 Less than 5,000 s ft. $13000 5,000 sq. ft. or mdre Hotels $500 Services/Office $200/$100 if on 2nd fl or or higher Real estate salesperson $50 Nail/Hair/Skin Stylist $50 Banks $500 Benefit Zone 2 Retail Businesses $2 Restaurants 250 Hotels $500 Service/Office $100/$50 if on 2nd floor or higher Real Y/Skin esperson $50 Nail/ Stylist $25 Banks $500 � _ Z),D`J C Y Oro/0 Z-),ev — Huntington Beach Downtown Business Improvement District At the request of a Merchant Steering Committee, the City Council at its meeting July 19,2004 approved the enclosed Resolution as the first step to establish a Huntington Beach Downtown Business Improvement District. A Business Improvement District(BID) enables businesses to pool financial resources for the management,promotion and improvement of the area to increase business. All businesses within the boundaries of the BID are assessed an annual amount, collected with the City Business License, to pay for approved categories of spending. State law allows the City Council to approve a Business Improvement District for one year. BID activities are those that can be achieved collectively,but difficult to do as individual businesses. BID activities could include: • Downtown promotional materials such as maps, directories,brochures or collective advertising • Special events • Landscaping and maintenance • Part-time management • Other spending categories decided upon by merchants to benefit the area A Business Improvement District provides a stronger, unified voice to advocate for downtown issues. If approved, the next step will be to identify a group of business representatives willing to serve on the BID Advisory Board to represent a variety of business types and locations in the BID Boundaries. The BID Advisory Board will be elected by business members in the district. The BID Advisory Board will determine the budget and direct BID funds into approved general categories. Examples of Orange County business districts with BIDS include: Brea, Laguna Beach, Corona del Mar, and Balboa Island. The City of Huntington Beach currently has two successful BIDS for Auto Dealers and Hotel/Motels in the City. The City Council Protest Meeting will occur on August 16, 2004 at the City Council meeting commencing at 7:OOpm, City Council Chambers,2000 Main Street,Huntington Beach. If the more then 50% of the assessments are protested, the City Council cannot form the BID. To protest your business assessment, complete the attached form or write a letter of protest and deliver to the City Clerk by 4:OOpm August 16, 2004 or you may orally protest the assessment at the Public Hearing to be held August 16th. If you are in favor of the Business Improvement District,no action is necessary. If approved by City Council, the Downtown Business Improvement District will go in effect on October 1, 2004 for one year. If you would like to discuss the proposed Downtown Huntington Beach BID, contact any of the following members of the Merchant Formation Committee: Steve Daniel, Rocky Mountain Chocolate Factory 969-0795 Ron McLin, Longboard Restaurant&Pub 960-1896 Brett Barnes/David Baumann, Duke's Restaurant 374-6446 Joe Shaw, California Greetings 960-1688 Keith Bohr 960-7286 Joe Carchio, Jersey Joe's 374-6773 Christy Teague, City of Huntington Beach Economic Development 375-5088 n '+ �awiei�ti+SW�w'if�n�{55(.. w' �' •yYY'Pk.;14»v - 1'.... +M«�re. .ate.„; K�� �..: -„•.,� �a a r CIE IL: Jk Huntington BusinessDowntown Improvement Di i Boundariesrr iZones OFFICIAL PROTEST FORM* HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT I OPPOSE ESTABLISHMENT OF THE HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND PROTEST MY BUSINESS ASSESSMENT Please Indicate Below the Assessment Amount Protested Benefit Zone 1 According to Boundary Map on reverse side of this page Retail Business Less than 5,000 sq. ft. $500 5,000 sq. ft. or more $1,000 Restaurant Less than 5,000 sq. ft. $500 5,000 sq. ft. or more $1,000 Service/Office Ground floor $200 2nd floor or higher $100 Real estate salesperson $50 Nail/Hair/Skin Stylist $50 Bank $500 Hotel $500 Benefit Zone 2 According to Boundary Map on reverse side of this page Retail Business $250 Restaurant $250 Service/Office Ground floor $100 2na floor or higher $50 Real estate salesperson $50 Nail/Hair/Skin Stylist $25 Bank $500 Hotel $500 According to state law, only business owners may submit valid protests. If you are in favor of the Downtown Business Improvement District, you do not need to take any action. Signature of Business Owner Print Business Owner Name Business Name Business Address Type of Business Assessment Amount Protested MAIL TO CITY CLERK, CITY OF HUNTINGTON BEACH, P.O. Box 190,Huntington Beach, CA 92648 OR DELIVER TO CITY CLERK,2000 MAIN ST. 2nd Floor,HUNTINGTON BEACH, CA 92648 WRITTEN PROTESTS MUST BE RECEIVED BY 4:OOPM, AUGUST 16,2004 Council/Agency Meeting Held: —0 Deferred/Continued to: 4pproved ❑ Conditionally Approved ❑ Denied Cit CI rk's Jlgna r Council Meeting Date: 7/19/2004 Department I Number: ED 04-19 T CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRET (-614AF�, ITY ADMINIST OR PREPARED BY: DAVID C. BIGGS, DIRECTOR OF ECONOMIC DEVELOPMEI� 4 SUBJECT: Adopt Resolution of Intention to Establish the Huntington Beach Downtown Business Improvement District, Levy an Annual Assessment for Fiscal Year 2004-2005 and Schedule Public Hearing for August 16, 2004. Q.Q S, p* 'a p�L\ Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)S ) ..Statement of issue: This is the. first formal step to initiate a new.Business Improvement District in the downtown area proposed by a merchant steering committee: Adoption of the subject Resolution of Intention will establish the parameters of the BID and set the public protest hearing for August 16, 2004. Funding Source: Formation of the proposed BID is being done as part of the Economic Development Department work program. The cost of publication and required mailings of legal notices are budgeted within the Business Development Division operating budget. Recommended Action: 1. Adopt Resolution No. 2004-' )4 of the City Council of the City of Huntington Beach indicating the City's.lntention.to Create and Establish a Business Improvement District (BID), called the ".Huntingto.n Beach Downtown Business.Improvement District" For the Benefit of All the Businesses Located within the .Downtown Business District, and. Setting a Public Hearing Date of August 16, 2004 to Formally Establish Said Business Improvement District and to Levy Assessments. Alternative Action(s): Do not approve the Resolution of Intention to establish the Huntington Beach Downtown Business Improvement District and discontinue the process for the consideration of a Downtown BID. �a REQUEST FOR ACTION MEETING DATE: 7/19/2004 DEPARTMENT ID NUMBER:ED 04-19 Analysis: Business Improvement- Districts are formed to collectively achieve objectives that each business cannot achieve alone. These objectives include Marketing/Advertising, Special Events, and enhanced Landscaping. Many downtowns have found that Business Improvement Districts have enabled them to work together to achieve success in their unique downtown areas and to better compete with managed malls and shopping centers. BIDs are a frequently-used tool to help maintain revitalized downtown areas throughout California and the nation, including local examples such as Belmont Shores, Long Beach, Manhattan Beach, Santa Monica, Corona del Mar, and Pasadena. Merchant members form an Advisory Board to manage and control the funds for activities that benefit the entire district. In June 2002, downtown merchants approached the City of Huntington Beach about forming a new Business Improvement District in the downtown commercial area. Since that time, a merchant steering committee has hosted four merchant outreach meetings to determine interest in forming a BID, identify downtown priorities, define boundary areas, and create assessment levels. If approved, all businesses in the district will be subject to the BID assessment. The attached BID boundary :map shows the area proposed for.inclusion in the :BID, which includes the future Strand and Pacific City.projects. New businesses, many in:these future developments are expected to be national chains, will be part of the greater downtown district and will also contribute to fund activities to improve business in the greater BID boundary area. Increasing success of downtown hotels and special events bring thousands of new visitors to downtown each month. With the combined funding of a BID, merchants will have the ability to do collective advertising, publish downtown business maps to distribute to visitors and residents, enhance landscaping, support special events, and initiate other activities to take advantage of the additional customers and increase business in the downtown district. Upon approval, each business within the BID boundaries will be assessed an annual amount, collected with the City Business License, to pay for approved categories of spending to benefit downtown businesses. The proposed categories, benefit zones, and assessment amounts are set forth in the attachments. Funding decisions will be made by a seven-member BID Advisory Board to be selected by election from the businesses paying the proposed assessments prior to the start date of October 1, 2004. Each business will have equal voting weight, regardless of assessment represented. The elected BID Advisory Board can modify the proposed budget categories. State law requires activities benefit businesses located and operating in the area. The Resolution of Intention sets the public protest hearing for August 16, 2004. At that time, the City Council will have a tally of the percentage of assessments protested and will hear additional public comments on the formation of a Business Improvement District in the downtown commercial area. If the protests total less than 50% of the total amount to be collected, the City Council can approve the proposed BID. The City Council also has the G:\Christy\BIDs\Downtown\Formation City Council\RCA071904.doc -2- 7/7/2004 4:19 PM REQUEST FOR ACTION MEETING DATE: 7/19/2004 DEPARTMENT ID NUMBER:ED 04-19 option of reducing assessments or modifying the BID boundary area if public comments prompt adjustment._ If the BID is formed, an annual renewal process by the City Council is necessary. If approved, the Huntington Beach Downtown Business Improvement District will be authorized for one year commencing October 1, 2004. Environmental Status: Not applicable. Attachment(s . 'q um-. - ® - o 1. Resolution of Intention to Establish Huntington Beach Downtown Business Improvement District Exhibit A—Huntington Beach Downtown BID Boundary Map Area Exhibit B —_ Huntington Beach Downtown Business Improvement District BID Annual Budget Fiscal.Year 2004-2005 Exhibit C Huntington- Beach Downtown Business Improvement District Assessment Formulas G:\Christy\BIDs\Downtown\Formation City Council\RCA071904.doc -3- 717/2004 4:19 PM RESOLUTION NO. 2004-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE CITY'S INTENTION TO CREATE AND ESTABLISH THE "HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT"FOR THE BENEFIT OF ALL BUSINESSES LOCATED WITHIN THE DOWNTOWN BUSINESS DISTRICT,AND SETTING A PUBLIC HEARING DATE OF AUGUST 16,2004,TO FORMALLY ESTABLISH SAID BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS 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 WHEREAS,the California Legislature found that cities are authorized to levy assessments on businesses which benefit from those improvements and activities; and WHEREAS,the purpose of the business improvement district proposed by this resolution of intention is to fund activities to promote activities that benefit business located and operating in the Downtown Business District within the City of Huntington Beach; and WHEREAS;_a sizeable majority of the businesses within the Downtown Business is have requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish an improvement benefit area within the City of Huntington Beach and to levy a special assessment to promote all downtown businesses; and WHEREAS,this resolution of intention will commence proceedings under the Parking and Business Improvement Area Law of 1989, NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. .(a) , The.Huntington-Beach Downtown Business Improvement Area is proposed to be established pursuant to Streets and Highways Code §36500 et seq. with the boundaries of the proposed district and the boundaries of the benefit zone to be as depicted in Exhibit "A", attached hereto and incorporated herein by this reference. (b) The name of the business improvement area proposed to be established is the "Huntington Beach Downtown Business Improvement District." (c) 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"B", attached hereto and incorporated herein by this reference. Further,the 04reso/business improve-04/7/7/04 1 Resoon 2004-56 improvements, if any,to be acquired for the proposed business improvement area are. specified in Exhibit "B". (d) The proposed assessment will be levied annually to pay for all improvements and activities within the business improvement area, except where funds are otherwise available. (e) The proposed method and basis of levying the assessment to allow each business owner to estimate the amount of the assessment to be levied against his, her or its business is set forth in Exhibit"C". (f) New businesses within the business improvement area commencing operations-after the effective date of the ordinance levying the assessment will not be exempt from the levy of assessment as provided in Exhibit"C". (f) The assessment will be collected on an annual basis concurrent with payment of the City's business license fees. (g) The time and place for the public hearing on the establishment of the business improvement area and the levy of the assessment shall be 7:00 p.m.,or as soon thereafter as the matter can be heard, on August 16,2004, at the Huntington Beach City Hall, City Council Chambers, 2000 Main Street, Huntington Beach, California. (h) At.the public.hearing set forth above,the testimony of all interested persons for or ._ against the establishment of the business improvement area,the extent of the area,or the furnishing of specific types of improvements or activities,will be heard by the City Council. A protest may be made orally or in writing by any interested person. 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. (i) Every written protest shall be filed with the City Clerk's office, Huntington Beach City Hall, Second Floor, 2000 Main Street, Post Office Box 190, Huntington Beach, California 92648, at or before the time fixed for the public hearing set forth above. 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. (j) Each written protest shall contain a description of the business in which the person subscribing the protest is interested, sufficient to identify the business, and if a person subscribing is not shown on the official records of the City of Huntington Beach as the owner of the business,the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this subparagraph shall not be counted in determining a majority protest. 04reso/business improve-04/7/7/04 2 Retion 2004-56 (k) If written protests are received from the owners of businesses in the proposed business improvement area which will pay fifty percent(50%) or more of the assessments to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent(50%), no further proceedings to create the proposed business improvement area or to levy the proposed assessment, as specified by this resolution of intention, shall be taken by the City Council for a period of one year from the date of the filing of a majority protest. If a majority protest is only against . the furnishing of a specified type or types of improvements or activities within the business improvement area, those types of improvements or activities shall be eliminated. SECTION 2. 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 3. The City Clerk shall mail a complete copy of this resolution of intention by first-class mail to each business owner in the District area within seven days after the Council's adoption of this resolution. SECTION 4. 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. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of July , 2004. r APPROVED AS TO FORM: Clerk ity Attorn y -.I REVIEWED AND APPROVED: INITIATED AND APPROVED: . 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H�:.� � :r . •rf"h,L dk1A' "�!.d !�d R. r�' I.. < 74. .� L.' :Y• e. ,n>. ,>.: ;. 9. 6,: L. ..�- ''rR• i �g, RRRR,,,, 1 � l�•MY.^,:�„ t..�.,� .,,.} „�.�"' i4 4 {' t'. .fi• r," Jkt''" n � Y if :"` :� a' ! .� ;Es;_ s;z.,....<':: jwr ,� ���,. •v"s'i, �g,,�p`ti �'� .,fit +' � r* :4' t'G �. gr. :.°gs�'��+�'�V r Iz'zx':et;� M� vi♦ n rF't ���"�ltSS�aa :L,? 3' { t ,r. w`v s '�+5 ° es< tass✓.?+s�Y'^, £`v ' `iv ��,<°"'9.2� ��•:v{` `�.e+�.��i '.d>�� ® Downtown 'A d AT ri a ' Ousiness Improvement 1 t. ' t woun aries 0 EXHIBIT B HIJNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT IDISTRICT Annual Budget Fiscal Year-2004-2005 BID assessments will be used to establish the Huntington Beach Downtown Business Improvement District budget. The Huntington Beach Downtown Business Improvement District will actively fund activities to promote Huntington Beach Downtown businesses. The BID fiscal year will be from October 1"to September 30`h. EXPENDITURES MARKETING/ADVERTISING $20,000 • Downtown Maps • Publicity Efforts ® Visitors Guide Advertising ® SignageBrochures SPECIAL EVENTS $40,000 ,July o - Halloween • Surf Promotions ® Spring/Fall Promotions LANDSCAPING $15,000 ADMINISTRATION $10,000 LEGAL/ACCOUNTING $3,000 MISCELLANEOUS $2,000 ANTICIPATED EXPENDITURES 90 000 ANTICIPATED REVENUES $90,000 Exhibit C Downtown Business Improvement District Assessment Formulas Bereft one l Retail Businesses $500 Less than 5,000 sq. ft. $1000 5,000 sq. ft. or more Restaurants $500 Less than 5,000 sq. ft.. $1,000 5,000 sq. ft. or more Hotels $500 Services/Office $200/$100 if on 2nd floor or higher Real estate salesperson $50 Nail/Hair/Skin Stylist $50 Banks $500 Beneftt Zone 2 Retail Businesses $250 Restaurants $250 Hotels $500 - Service/Office $1001$50 if on 2nd floor or higher Real estate salesperson $50 Nail/Hair/Skin Stylist $25 Banks $500 Res. No. 2004-56 STATE OF CALIFORNIA COUNTY OF ORANGE ) . ss: CITY OF HUNTINGTON BEACH 1, JOAN FLYNN, the duly appointed, 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 19th day of July, 2004 by the following vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen NOES: None ABSENT: None ABSTAIN: None '="/. JL( ity Clerk and ex-offilio7b Clerk of the City Council of the.City of Huntington Beach, California /n7 ,6.(-t,5/A)ES �/� 4 �/�Y��'h 1 T Z/ ( /cd 6GcE �CC D ru !�EV) GJ}�D /.S .00/'v 6 T`i`E l�jfl iL/N6 ( _ :S �,�G /S /v07' 7W� /�19/L/NG — O'ULY House Street_nam Business Owner Proprietor # e Ste# Lic_Fee V W PROPERTY CHUNG M HWANG 124 EIGHTH 13700 VALOFF ANDREW J ANDREW J VALOFF 125 EIGHTH 6000 WOOD BLANCHE A BLANCHE A WOOD 201 FIFTH 7400 GOTSIE'S TRADING COMPANY LEIGH GOTSMAN 207 FIFTH 7500 COASTLINE PARTNERS II ANDREW STUPIN 211 FIFTH 215 9500 PETE'S MEXICAN FOOD CARLOS/JENNY GONZALEZ 213 FIFTH 7500 EXOTIC SCENERY *NSF DAVID WILLIAM INGRAM 213 FIFTH B 7500 5TH STREET SURF SHOP THOMAS G KNIGHT 217 FIFTH 7500 SURFDOGZ.COM CHRIS MOORE 217 FIFTH 7500 COASTLINE WEST REALTY WILLIAM C HORAN 218 FIFTH 7500 TAYLOR BLAKE CORP MATTHEW C SEYMOUR 218 FIFTH 2-Jan 7500 TOP H B NAILS MELANIE L NGUYEN 220 FIFTH 7500 CHUCK DENT SURF CENTER MARK&GINA NAKASHIMA 222 FIFTH 7500 ORANGE COAST SPCLTS PRJT T1 OR COAST SP PRJ TWO 222 FIFTH 6000 CAIN CERISSA CERISSA CAIN 224 FIFTH 7500 WORK GROUP THE M MILLER&J HERNANDEZ 224 FIFTH 7500 MAZZEI CANDACE CANDACE MAZZEI 224 FIFTH 7500 FERLITA JENNIFER JENNIFER FERLITA 224 FIFTH 7500 PRISTINE MOTORSPORTS RICHARD S THORPE 225 FIFTH 7900 JACK'S SURFBOARDS AHMAD ABDELMUTI 101 MAIN 101 11700 JAMBA JUICE#26 PAUL CLAYTON 101 MAIN 109 11100 JACK'S GIRLS JACK'S SURF & SPORT 101 MAIN 111 8300 LAROCCO'S PIZZERIA FLK INVESTMENT INC 101 MAIN 112 7500 JACK'S GARAGE ABDELMUTI/ABDELFATTAH 101 MAIN 113 8700 CORE HOLDINGS INC CORE HOLDINGS INC 101 MAIN 200 9900 TELESIS AUTOMOTIVE MKTNG SF TELESIS AUTO MKTNG SPE 101 MAIN 200 7500 AMERICAN EXPRESS FIN-ADVISO NORM WEAVER 101 MAIN 220 7500 TORRES &ASSOCIATES DONALD TORRES 101 MAIN 220 7500 BROADVIEW CONSULTING NORM WEAVER 101 MAIN 220 7500 RIP CURL INC RIP CURL INC 101 MAIN 230 7500 PUBLIC ENTERPRISE GRP INC PUBLIC ENTRPRS GRP INC 101 MAIN 240 9100 AUTOMOTIVE MRKTNG SPEC INCAUTOMOTIVE MARKETING 101 MAIN 250 7500 C M T L C M T L 101 MAIN 255 7500 ACCESS FINANCIAL NETWORK JON J LEVIN 101 MAIN 260 7500 INVESTMENT BUILDERS LLC FREEMAN/AUSTIN LVNGTRS 101 MAIN 280 7500 DOVEBID INC * DOVEBID INC 101 MAIN 330 7900 TWACOMM.COM INC K NEUBERT/E PAIGE 101 MAIN 355 12600 MARTIN &ASSOCIATES M MENICHIELLO 101 MAIN 360 8300 COUNTRYWIDE HOME LOANS IN(COUNTRYWIDE HN LNS INC 101 MAIN 400 11700 TACO BELL#16894 JODIKA ENT INC 116 MAIN 13500 YAKETY YAK B STADE/J DIVIS 116 MAIN 2-Jan 7500 PERQS JOHNSON & MULLIGAN 117 MAIN 33750 DIANE'S INC LINDA D BIGGS 118 MAIN 7900 VARONA'S CATWALK CODY/EMILNICKI VARONA 119 MAIN 7500 WAHOOS FISH TACO YUH HUA WONG WANG 120 MAIN 14700 THE CLOSET BILLY STADE 121 MAIN 9100 DIAMOND LANE NINA HOKE 122 MAIN 7500 SUNSHINE JOSEPH CORNMAN 123 MAIN 10300 MERRILEE'S INC MERRILEE'S INC 124 MAIN 7900 HUNTINGTON SURF AND SPORT HUNT SURF &SPORT INC 126 MAIN 101 8300 SURF CITY CANDY INC RICHARD VASILIK 126 MAIN 102 7900 PSYCHIC BOUTIQUE STEVE & POLA STEVENS 126 MAIN 103 7500 PSYCHIC BOUTIQUE STEVE & POLA STEVENS 126 MAIN 103 7500 ARRIBA BAJA CANTINA ROCKIN CONCEPTS INC 126 MAIN 201 13800 BEACH ISLAND BEACH ISLAND INC 127 MAIN 7500 B J'S CHICAGO PIZZERIA HENNESSY/MOTENKO 200 MAIN 101 12600 G N C STORE#6237 TAREK ADEL 200 MAIN 102 7500 SURF CITY MARKET STEVE ZEIDAN 200 MAIN 103 7500 CLOTHES MINDED INC MICHAEL A HECHT 200 MAIN 104 8300 COACH'S MEDITTERANIAN GRILL MURAT KOC 200 MAIN 105 7500 ROCKY MTN CHOC FAC/S C D Slv STEPHEN DANIEL 200 MAIN 106 8700 MAIN STREET OPTICAL& BOUTIC M & G KANOUDI 200 MAIN 107 7500 STACEY STACEY RECTOR 200 MAIN 108 7500 MAIN ST HAIR CO CAROLYN SUE HARRISON 200 MAIN 108 7500 CONCEPTS IN HAIR DEBBIE J CROUSE 200 MAIN 108 7500 HAIR BY KRISTY KRISTY MAC RAE 200 MAIN 108 7500 SANTOS SUSAN SUSAN SANTOS 200 MAIN 108 7500 HAIR BY ROXANN ROXANN KAHLER 200 MAIN 108 7500 COLOR ME MINE HEUNG SIK KIM 200 MAIN 109 9100 THE SHOE LAB CLARENCE & DAE HO LEE 200 MAIN 112 7500 BEACH STORE LEIA CHA 200 MAIN 114 7500 PIER REALTY JAN SHOMAKER 200 MAIN 115 11400 INTERNATIONAL HOUSE OF PAN(I H O P 200 MAIN 116 12900 SEA NAILS LECHI T LE 200 MAIN 117 8700 HURRICANES BAR&GRILL GASTON VILLALBA 200 MAIN 201 33750 ALAN C HOBBS INVESTMENTS IN,ALAN C HOBBS 200 MAIN 205 7500' KOURY ROBERT PROPERTIES ROBERT KOURY 200 MAIN 206 7500 CRABBY'S BOAT HOUSE CBH RESTAURANT VENTURE 200 MAIN 101A 11100 HIRSCH ENTERPRISES GREGORY L HIRSCH 200 MAIN 204B 7500 SAKAL SURFBOARDS ED SAKAL 201 MAIN A 7900 BASKIN-ROBBINS#6158 MC CONNELL'S 201 MAIN B 8300 AMERICAN VINTAGE CLOTHING SALLY HANA 201 MAIN C 7500 0 0 AMERICAN VINTAGE LET IT BE INC 201 MAIN C 7500 STREET LITE ESPRESSO CAFE PRESTON/ROSE FONG 201 MAIN D 9500 HUNTINGTON BEACH BEER CO PETER A ANDRIET 201 MAIN E 18600 DOWNTOWN BUSINESS ASSOCIATION 205 MAIN 0 THE ROCK& ROLL EMPORIUM MICHAEL MORGAN 205 MAIN 7500 THE ROCK& ROLL EMPORIUM EVELL STANLEY 205 MAIN 7500 SURF CITY CASUALS C &J BENOIT 205 MAIN 2-Jan 7500 BEACHCOMBERS LOCKER GARY HATCH 207 MAIN 9500 KILLARNEY'S PUB N' GRILL DOIRE MAIN CORP 209 MAIN 10700 MOMO'S BAR&GRILL E-Z MARTIN INVEST CORP 211 MAIN A 10700 GERGEN J P COMPANY INC JOE GERGEN 211 MAIN B 7500 HARLOW RICHARD &ASSOC RICHARD HARLOW 211 MAIN C 7500 SUGAR SHACK CAFE T& M TURNER 213 MAIN 7900 HOLLY'S YOGURT TIM & HOLLY TURNER 213 MAIN 7500 NO KA Of NO KA OI 215 MAIN 8700 BOGGELN & COMPANY CPA CHERI L BOGGELN 215 MAIN 2-Jan 8300 LONGBOARD RESTAURANT/PUB DAVID M LAUTNER 217 MAIN 11700 MILLIONAIRE SKINCARE JANE STOLBA 220 MAIN T 7500 TUNA TOWN TUNA TOWN LLC 221 MAIN A 14100 LUIG1'S RESTAURANT GHASSAN DAHABREH 221 MAIN B 7900 STARBUCKS COFFEE COMPANY;SCHULTZ &SMITH 221 MAIN C 10300 THE IRON GATE NANNETTE LE SAGE 221 MAIN D 7500 BLACK PEARL BREWERY DONALD IMAN D D S 221 MAIN E 7500 ALOHA GRILL GASTON VILLALBANC 221 MAIN F 14900 WELLS FARGO HOME MORTGAGI WELLS FARGO HOME MORT 221 MAIN G 0 MULLIGAN'S PROPERTIES GARY MULLIGAN 221 MAIN G 8700 T C MANAGEMENT INC @ M FEIN 221 MAIN H 7500 H M R ARCHITECTS WILLIAM J RESEIGH 221 MAIN I 7500 ROBERTS J ARTHUR &ASSOCIAl J ARTHUR ROBERTS 221 MAIN J 7500 CTR FOR CLINICAL HYPNOTHER/P SEGEL & B KALOSKI 221 MAIN K 7500 A D S CONSULTING ENGINEERS MOSTAFA OLOUMI 221 MAIN L 7500 SAXON MORTGAGE INC SAXON MORTGAGE INC 221 MAIN M 7900 AVALON LOGISTICS INC AVALON LOGISTICS INC 221 MAIN N 7500 SALES FORCE ONE BRENDA GERINGER 221 MAIN O 7500 THE GARDEN DESIGN GROUP G R E INC 221 MAIN P 7500 ADVANCED VIDEO AND SECURIT'R SAURMAN/J TOWNSHEND 221 MAIN Q 7500 TEAM DESIGN & CONSTRUCTION JEFF BERGSMA 221 MAIN S 8300 TEAM REAL ESTATE KEITH BOHR 221 MAIN S 7500 PRYOR GIGGEY RICHARD F MORAN 221 MAIN V 7500 PARKING CONCEPTS INC PARKING CONCEPTS INC 301 MAIN 7500 FREEDOM JERKY R&T ROSAS 301 MAIN 7500 EXCELSIS CANDLE G DINH & L SHEPHERD 301 MAIN 7500 J T DEVELOPMENT J T DEVELOPMENT LLC 301 MAIN 15000 CARTWHEELS MELINDA COLLINS 301 MAIN 7500 BEACH BOUQUETS MICHELLE PATTON 301 MAIN 7500 JOEY'S CHICAGO STYLE MICHAEL VANDENBERG ENT 301 MAIN 7500 BOUDREAU ANDREA ANDREA BOUDREAU 301 MAIN 7500 GONZALEZ/TORRES/MCNEES GONZALEZ/TORRES/MCNEES 301 MAIN 7500 RAPHEN INDUSTRIES RACHAEL TURNBULL 301,MAIN 7500 WARD &CO JOHN M WARD 301 MAIN 7500 SNO BIZ BRIAN WOOD 301 MAIN _ 7500 BLUE WATER PEDICAB COMPAN`DAWN &TONY SACCARECCIA 301 MAIN 7500 MARTONI MARTIN OLIVAR 301 MAIN 7500 IMAGINE IMAGES EDGAR& BRENDA POE 301 MAIN 7500 T P F GIFT COMPANY TERESA PEGGY FRIAS 301 MAIN 7500 TROPICANA SHADES A&Q MAHMOOD 301'MAIN 7500 PATIERNO K/DOVI I/BULLARD J PATIERNO/DOVI/BULLARD 301 MAIN 7500 PHONE CITY MADIHA K AMIR 301 MAIN 7500 INKA GRILL RESTAURANT INKA RESTAURANT VENTUR 301 MAIN 101 13800 SYREN ENTERPRISE" MARK ORTIZ 301 MAIN 102 7500 SOLAR TAN TANNING SPA SOLAR TAN INC 301 MAIN 102 7500 SPIRAL RESTAURANT PHAKPHOOM BUNNATHONG 301 MAIN 103 7900 WISKERS J POER&S RINEHART 301 MAIN 105 7500 SMOKIN' MO'S BBQ MO O' LES LLC 301 MAIN 107 8700 SALON 218 JENNIFER FAIR 301 MAIN 108 12900 O'NEILL JULIE JULIE O'NEILL 301 MAIN 109 7500 YOGA PLACE WHOLE BODY INC 301 MAIN 109 7500 CALIF GREETINGS CARDS &GIFT DISH & BOWL INC 301 MAIN 110 7500- REMAX SOUTH COUNTY REALTO GARY O THOMAS 301 MAIN 112 15000 FOTO'S &GIFTS ALPHIA HOSKINS 301 MAIN 113 7500 ASTRA OIL COMPANY INC ASTRA OIL CO INC 301 MAIN 201 12900 ASTRA POWER LLC ASTRA TRADING NV 301 MAIN 201 7500 PAZANTI HOME MORTGAGE H & R PAZANTI 301 MAIN 207 7500 H B CONFERENCENISITORS BUR BOON E/ELLIS/DUNN 1301 MAIN . 208 0 TELEPHONE SWITCH NEWSLETT DOUGLAS D FABIAN 301 MAIN 212 7900 FABIAN WEALTH STRATEGIES^ FABIAN WLTH STRAT INC 301 MAIN 212 7500 APPLEGATE PLUMBING LARRY A APPLEGATE 311 MAIN 16 7500 ROCKIN FIGS SURF HEADQUART RICK FUGNETTI 316 MAIN A 7500 AVILA'S EL RANCHITO H B SERGIO AVILA 318 MAIN 11700 MAKIN WAVES SUSANNA SMITH 320 MAIN 9100 HUNT BCH REALTY INC ROBERT BOLEN 322 MAIN 9100 THE TIPSY GYPSY PATRICIA HUNTER ET ALL 324 MAIN 7500 FREUD JEFF JEFF FREUD 326 MAIN 7500 DANK ENTERPRISES JASON HILBERT 326 MAIN 101 7500 MOTO GARAGE ROBERT COLLINS_ 328 MAIN. 7500 JAX BICYCLE CENTER HANDS ON BICYCLE CENTR 401 MAIN 11400 SUNLINE ELECTRIC CHAIR/EC STABDUL MEMON 410 MAIN 10700 PENETRATION.X ELIZABETH M PARKER 410 MAIN 7500 BODY PIERCING BY RICKY RICHARD J LOCKE 410 MAIN 750,0 CONTINENTAL 1 HR CLEANERS Y&J NAMKUNG 411 MAIN 7500 SURF CITY CHIROPRACTIC DAN LA FONTAINE 411 MAIN B 7500 BULLDOG CIGAR LOUNGE HASSEN BEDWAN 417 MAIN 102 7500 MOOD SWINGS HEIDI TURNER 417 MAIN 102 7500 MOOD SWINGS KIMBERLY HUCKABY 417 MAIN 102 7500 NATIONAL PRO PAINTBALL LEAG N P P L 417 MAIN 201 7500 MAILBOX STATION SUSAN L CAINE 419 MAIN A 7500 COAST HOMES REALTY JAMES SULLIVAN 419 MAIN C 7500 COASTAL MORTGAGE GROUP INf COASTAL MRTGE GRP INC 419 MAIN C 7500 MANDIC MOTORS INC ROBERT MANDIC 424 MAIN 49400 SALON H Q SALON H Q LLC 428 MAIN 101 7500 438 MAIN STREET LP 438 MAIN STREET LP 438 MAIN 5300 NEWPORT COTTON EXCHANGE NEWPORT COTTON CO INC 438 MAIN 110 7500 COASTAL PACIFIC REAL ESTATE KARIN KEENE 438 MAIN 200 7500 REVELLE M - REAL ESTATE AGEN MICHAEL REVELLE 438 MAIN 200 7500 FULL SPECTRUM LENDING INC FULL SPECTRUM LENDING 438 MAIN 210 0 MAIN STREET LAUNDRY GARY MAAG 440 MAIN 7500 PIERSIDE DENTISTRY DR JOHN GOLGOLAB 501 MAIN A 7500 ' MAIN STREET TANNING SPA INC GINA VILLELLI 501 MAIN B 12450 JAN'S HEALTH BAR JAN GAFFNEY 501 MAIN D 9500 BODHI TREE VEGETARIAN REST QUOC PHAM 501 MAIN E 7500 ANNIE NAILS YEN PHI NGUYEN 501 MAIN F 7500' MONTGOMERY JEWELERS CHARLES MONTGOMERY 501 MAIN G 7500 COASTLINE PARTNERS III ANDREW/KATHLEEN STUPIN 504 MAIN 8800 MAIN STREET CLEANERS MINAS SUREGEN 504 MAIN A 7500 LUCY'S TAILORING &ALTERATIOI HARRY GULDJIAN 504 MAIN B 7500 DIRTY DOG WASH KIERSTIN OLSON 504 MAIN C 7500 BEACH CITY HAIRCUTTING JAMES & RONNA BRANT 504 MAIN D 7500 PETTIT SUSAN SUSAN PETTIT 504 MAIN D 7500 MAIN STREET MARKET PAK HUI MICHA 508 MAIN 7500 SUNSET NAILS&SPA L O NGUYEN 508 MAIN A 7500 SHORE HOUSE CAFE D & D BONADONNA 520 MAIN 33706 THAI WAVE NARONG CHAEMCHUEN 522 MAIN 7900 MEHALICK MICHAEL DESIGN MICHAEL MEHALICK 525 MAIN A 7500 526 MAIN STREET LP 526 MAIN STREET LP 526 MAIN_ 6000 SURF-CONNECTION TIM OTOOLE 316 OLIVE 456 7500 HUNT BCH INT'L SURFING MUSEL NATALIE KOTSCH CHAIRPR 411 OLIVE 0 I THE UPS STORE#4482 ARCA INVESTMENT COMP 412 OLIVE 7500 COLD STONE CREAMERY HB#11 G &J HOLDREN 416 OLIVE 9100 JERSEY JOE'S ITALIAN EATERY JC &SK INC 424 OLIVE 7500 DUBOV LEON E DR LEON DUBOV 305 ORANGE A 7500 FLEMING MERL L DDS MERL L FLEMING 305 ORANGE B 7500 JAFFE DANIEL D D S DANIEL JAFFE D D S 305 ORANGE C 7500 GROOTEGOED A RUSSELL RUSSELL A GROOTEGOED 305 ORANGE D 7500 R C M C LLC RICHARD CARJE III 305 ORANGE D 7560 HUNTINGTON BEACH HEALTH CE C MCCLURE & D SHAW 305 ORANGE E 7500 i FULLMER STEPHEN DC STEPHEN Y FULLMER DC 305 ORANGE F 7500 DAIRY QUEEN H NGUYEN/D C LE 102 PACIFIC COAST 9100 T K'S FAST GRILL KALATSCHAN/SCHULOFF 110 PACIFIC COAST 7500 SERVICE PLUS INC TOM SALAZAR 200 PACIFIC COY 123 7500 SCOTT LUNDIN KEVIN SCOTT 200 PACIFIC COY 316 7500 J T P ENGINEERING JACK T PARKS 200 PACIFIC COY 341 7500 GLOBAL PACIFIC INTERNET SEAN M LOFTIS 200 PACIFIC COY 342 7500 DWIGHT'S BEACH CONCESSION JACK/JEANETTE CLAPP 201 PACIFIC COAST 8300 CALIFORNIA CANDLES STEVE DALAT 300 PACIFIC COAST 7500- PSYCHIC BOUTIQUE/CART STEVE STEVENS 300 PACIFIC COAST 7500 PARKING CONCEPTS INC PARKING CONCEPTS INC 300 PACIFIC COAST 7900 H B BAG LADY EMILY R CAMPBELL 300 PACIFIC COAST 7500 SMART CHOICE MARKETING CO PHILIP CHANG 300 PACIFIC COAST 7500 PIERSIDE PAVILION LLC (CARTS) PIERSIDE PAVILION LLC 300 PACIFIC COAST 15000 SUMMIT IMPORTS MATTHEW A O'DONNELL 300 PACIFIC COAST 7500 NEXTEL ATTN:TAX DEPT 2W220 NEXTEL OF CALIF INC 300 PACIFIC COAST 7500 PIERSIDE PAVILION PIERSIDE PAVILION LLC 300 PACIFIC COAST 10900 MARIN MARIA P M MARIN & M KANDER 300 PACIFIC COAST 7500 JAVA POINT HUNTINGTON SURF/SPORT 300 PACIFIC COY 101 7500 HUNTINGTON SURF& SPORT INCA& M.PAI 300 PACIFIC COY 104 27700 THE LENDING COMPANY VANTAGE POINT FINANCL 300 PACIFIC COY 108 7500 AUSTRALIAN PREMIUM BRANDS IAUSTRALIAN PR BRDS INC 300 PACIFIC COY 109 8300 VIETHAI BISTRO U HOANG &T NGHIEM 300 PACIFIC COY 110 7500 WALLCON INC DAVE WALLING 300 PACIFIC COY 111 7500 GALLAGHER'S PUB & GRILL E &J GALLAGHER 300 PACIFIC COY 113 11,700. PIERSIDE NAIL AND SPA HUYNH TRUNG TAN 300 PACIFIC COY 114 7500 CURVES HUNTINGTON BEACH W JOSEPH/SHIRLEY PRATHER 300 PACIFIC COY 115 7500_ BEACH CITIES CONSTRUCTION C JEFF KOONTZ 300 PACIFIC COY 118 7500 FRED'S MEXICAN CAFE/HUNT MC LEE DESHONG 300 PACIFIC COY 201 26900 SPARK WOODFIRE COOKING SPARK II L L C 300 PACIFIC COY 202 - 17700 PIERSIDE PAVILLION THEATRES W F CINEMA HOLDINGS LP 300 PACIFIC COY 203 14100 LUSKIN PAUL J AND ASSOCIATE PAUL J LUSKIN 300 PACIFIC COY 301 7500 ALLEGIANCE CAPITAL INC 300 PACIFIC COY 305 18300 i EXCESS SPACE RETAIL SVCS INC EXCESS SPC RTL SVC INC 300 PACIFIC COY 308 7500 MAKLER STUART&ASSOC MARY&STUART MAKLER 300 PACIFIC COY 308 10300 SURF LINE SEAN COLLINS 300 PACIFIC COY 310 12000 ANDE'S JUAN ALBERTO JUY 300 PACIFIC COY LBBY 7500 PACIFIC COAST HOT DOGS PAC COAST HOT DOGS LLC 300 PACIFIC COY 106A 7500 SUBWAY SANDWICHES/SALADS#BRENT/MICHAEL MAHER 300 PACIFIC COY 106B 9500 PIERSIDE GALLERY JOE P RUBIN 300 PACIFIC COY 107A 7500 CHIMAYO AT THE BEACH CULINARY ADVENTURES IN 315 PACIFIC COAST 21000 , DUKE'S HUNT BEACH/ATTN BRE DUKE'S SURF CITY LTD 317 PACIFIC COAST 30700 ZACKS PIER PLAZA MIKE ALI 405 PACIFIC COAST 7500 KITE CONNECTION DAVE SHENKMAN 407 PACIFIC COAST 7500 KITES FOR KIDS D SHENKMAN/J HADZICKI 407 PACIFIC COAST 7500 PAPA JOE'S PIZZA^ JENNIFER SONG 414 PACIFIC COAST 7500 EL DON LIQUOR EL DON ENTERPRISES INC 416 PACIFIC COAST 7500 j OCEAN WAVE APARTMENTS ELDON W BAGSTAD 470 PACIFIC COAST '6000 SUPREME DONUT T& F CHAU 602 PACIFIC.COAST 7500 JAVA JUNGLE K STONOFF/S COCHRAN 602 PACIFIC COY B 23200 CHEVRON#207930 H B PACIFIC COAST 706 PACIFIC COAST 9100 LBW LENNICK/BISSON/WEAVER 711 PACIFIC COAST 7500 STERLING SERVICES CLINT R STEVENSON 711 PACIFIC COY 102 10250 SOUTHERN CAL TOOLING HOUSE G &Y PALMER 711 PACIFIC COY 210 7500 INFORMED TECHNOLOGIES/DYK:LYNNE D DYKSTRA 711 PACIFIC COY 211 7560 STAR AUTO TRANSPORT JOHN CARLO 711 PACIFIC COY 303 7500 BUHLER AND ASSOCIATES KEVIN BUHLER . 711 PACIFIC COY 325 7500 CANVASBACK INC DONALD R FOSTER 711 PACIFIC COY 326 7500 GREEN VALLEY/CHLOROFRESH.CJIM KOMUREK 711 PACIFIC COY 327 7500 XTREME FITNESS & NUTRITION SHAWN M HUNT 711 PACIFIC COY 409 7500 LAW OFFICES DAVID J CASTENHi DAVID J CASTENHOLZ 711 PACIFIC COY 427 7500 KID O FILM PRODUCTIONS V LE & M & H Y NGUYEN 711 PACIFIC COY 429 7500 WEBB LEWIS, PH D LEWIS WEBB 711 PACIFIC COY 433 7500 CORONADO'S MAINTENANCE JOSE M CORONADO 711 PACIFIC COY 435 7500 H B PACIFIC COAST ENTERPRISE PAUL E WAKIM 714 PACIFIC COAST 7500 i HUNTINGTON SURF INN INC L K HAN &J N-T PHI 720 PACIFIC COAST 9560 SMITH W H #773-GIFT SHOP W H SMITH HOTEL STORES 21100 PACIFIC COAST: 7500 WATERFRONT HILTON/DINING/DANC 21100 PACIFIC COAST 33750 WATERFRONT HILTON BEACH RE MAYER&BONE 21100 PACIFIC COAST 261000 P P S PARKING INC PAUL PALISKA 21100 PACIFIC COAST 9100 CINGULAR WIRELESS S WSTRN BELL MBLE LLC 21100 PACIFIC COAST 7500 SPRINT PCS COX PCS ASSETS LLC 21100 PACIFIC COAST 7500 TRAVEL TRADERS#773 " TRAVEL TRADERS LLC 21100 PACIFIC COAST 7500 JACK'S BEACH CONCESSION JACK K CLAPP 21330 PACIFIC COAST 9900 SOTIER SERVICES. G &C SOTIER 21462 PACIFIC COY 278 7500 I I I PARKING CO OF AMERICA MGMT ALEX MARTIN CHAVES 21500 PACIFIC COAST 17400 L'ZEV LLC J CASS &J CASON 21500 PACIFIC COAST 7500 HYATT REGENCY HB RESORT& :HYATT CORP/PCH BCH RES 21500 PACIFIC COAST 365100 TOES ON THE NOSE ROOX'S INC 21500 PACIFIC COAST 7500 SWANK AUDIO VISUALS LLC SWANK MOTION PIC INC 21500 PACIFIC COAST 12000 SEA AIR APARTMENTS R PECK& L FIORILLO 114 SECOND 7400 STOVALL/HECKMAN H STOVALL/M HECKMAN 111 SEVENTH 115 10200 HOREMIAN A K ESTATE C/O JOSEPH SUNUKJIAN 1.12 SEVENTH 114 8800 VOLKER H & M H & M VOLKER 116 SEVENTH 7400 A J J PROPERTIES D & L KING 122 SEVENTH 24 8800 J J ENTERPRIZES JAMES R JEFFREY 124 SEVENTH A 7500 SMITH ROBERT L T ROBERT L T SMITH 128 SEVENTH 6000 M P SIGNING SERVICES MARCIA PASTELIN 218 THIRD 7500 ANGELES RUBEN B &SIONITA C RUBEN &SIONITA ANGELES 222 THIRD 6700 ALLEN ROBERT R ROBERT R ALLEN 224 THIRD 5300 LUITWIELER C&M/QUIVER PRODI R LUITWIELER/F ARIAS 302 THIRD 7500 24 HOUR FITNESS RON THOMPSON 303 THIRD 23100 GALITZEN PROPERTIES DONALD GALITZEN 315 THIRD 13750 HAYES ASSOCIATES THE EILENE H HAYES 315 THIRD A 7500 NAPPA JOSEPH ATTORNEY JOSEPH A NAPPA 315 THIRD C 7500 I SAIL PROPERTIES INC D DAVISSON/T ESELUN 315 THIRD D 7500 i M P P BODYGUARDS DOMINIC MENALDI 315 THIRD E 7500 MENALDI REALTY/ ENTERPRISE;MARGUARITE MENALDI 315 THIRD E 7500 JANIES BEAUTY SALON JANIE GARRETT 315 THIRD F 7500 SOLI ADVERTISING LAURA BRAVO DE RUEDA 315 THIRD H 7600 I HAVEN OF WELLNESS LISA ROGERS 315 THIRD H 7500 DOMINGUEZ MARIA MARIA DOMINGUEZ 315 THIRD H 7500 HAYES CHRIS P E. CHRIS K HAYES P E 315 THIRD 1 7500 TRIBAL INK MARK A DIXON 315 THIRD M 7500 THE BARNES TEAM HOWARD BARNES 315 THIRD O 7;500 SNAPPY KLEEN LARRY APPELBAUM 315 THIRD P 7500 SOUTHWEST AIR BALANCE STEPHEN L PENN 322 THIRD 7500 J M PROPERTIES JOSEPH A MAURI 324 THIRD 6700 INNOVATIVE AIR CONCEPTS DENNIS ORTON 326 THIRD 7500 TSONG DAVID E MD DAVID E TSONG 220 WALNUT 7500 RED PEARL KITCHEN BLACK PEARL KITCHEN 412 WALNUT 13500 CAPITAL INVESTMENT NETWORk CAPITAL INVEST NET INC 414 WALNUT . 7500 WOODS GARY PHOTOGRAPHY GARY WOODS 513 WALNUT 2-Jan 7500 I WORTHY APARTMENTS L E WORTHY 515 WALNUT 1400 M E HELME HOUSE FURNISHING GUY GUZZARDO 517 WALNUT 7500 i I i i RECENED FROM L W E • As PUBLIC D FOR CD O. ..._...,... OF - -- - "N L FLYW CCiY CLEW Merchants Against The Building Improvement District The following Downtown Business Owners are opposed to the formation of it mandatory Business Improvement District(BID) in downtown Huntington Beach: (Please print) Business Name Owner Name Address Phone Signature ' C I T Y 0 F `i li h3 T i �"-i ::i T :; :•{ '3 L C ii VC40MC vt r-q� 3USI`�ESS LIC��ISL LISTI:y , 8USIINESS LISTING JF DOi1.'dTOWN C ,C . + Tz � ?-:t � � Y T:�_ET lA >E 3i3S iNESs^ '� a u s I SS SkE RvICE > S 1AME PROPRIETOR ADu. Ess V d JR)P.ER-TY CHUiN3 M. HnA-1 sl 1 4. `1 ,3:1l f� VAL,,FF ANDREW J ANDREJ J V.ALOFF . !G IT i WOOD 3LA.11CHE A BLANCHE A WOOD FT;i 'G.OTSI _' S TRADING COMPANY LEIGH SOTS41r1,N -20 FIFT1i COASTLI 'N'; PARTNERS II A DREW STUPI!N 211 FIFTH : 13 PETE ' S MEXICAN FOOD CARLOSIJEN! IY O NZALEZ 213 FIFTH EXOTIC SCENERY *NSF DAVID WILLIAM INGRAM '1 . FIFTA 3 5T:i STREIE'T SURF SHOP THOMAS G K,IIIGHT '17 FIFTH '9 dQ'F'LD +Cif= r COASTLINE WEST REALTY WILLIAM C HORAN 221S F,IFT i TAYLOR BLAKE CORP MATPHEW C SEYMOUR 213 FIFT1i 1I2 TOP 4 3 NAILS MELA`NIE L M(GUYE°I ' 20 FIFTH CHUCK DENT SURF CENT-ER ,MARK & SI-NA NAKASHIMA FIFTi ORANGE' COAST SPCLTS PRJT OR COAST SP P RJ TWO FIFTH CAI:N CERI"SSA CERISSA" CAIN 2 4 FIFTH `W-ORK GROUP THE M ..q:ILLE+R & J HERNAINllcZ 2-2-4FI,FTH MAZZEI CA,JI:DACE' CANDA.CE MA"ZZEI �?4 F FTH FERLITA JE'NNIFER JENNIFER F_RLITA 224 FIFTH PRV-7TINE MDTORSPORTS RICHARD S THO.RP E -1 5 FIFTH JACK'S SURFBOARDS AHEAD ABDELIUTI 1 1 F1AIN 1 �1 JA 3.t J iIC£. 25 PAUL CtrIYT:J'I 1 11 Fi:AI;I, t 09 3URGER . KING:`' 74I3 a..JOHtN" QUAN'S N "HUYNH : 101 MAI;i. . 1 fO JACK' S GIRLS" JACK'..$ SURF. 3, :.SPORT 1.01 -M AlN. L-AR O£ S ' f'I Z Z E R i A F L`K-"" i `ES-TwE 44 11'k 7 91 M-A:i..H- 1 5 2 JACK ' S GARAGE ABDELMUT.II AODZLFATTA-f 101 MAIN " 11a CORE HOLDINGS INC CORE HOLDINGS INC 101 ,HAIN 203 -T--EL ES 101- M1 .A!N.. :.. �U3 JROAD1tI'E 1 C;t13N5t#LT NC OAIA 4t,AVER, 131 4A1-14 23: A-MERICAN EXPRESS:: FIiN:-ADV: NORM.:#�E:AYER I:J! l'R,f?N ' w TORRE'S ASSOCI'ATES 66NALD `TJ 229 RIP CURL INC RIP CURL INC tJl MAIN £s PU-JL1C ENTERPRISE GRP IN PUBLIC EINT4PR5 GRP INC 131 MAIFN 24J PROSPECTS ONE PAC PA ,K. I.-NC 1 J1 MAL'N : 53 C M T L C M T L ' 1U1 .*)AI i ?SS ACCESS FINANCIAL NETWORK JOIN J" L€VIN 1041 IN AI. i I.V EST-ME4`T _.SUILD-ERS . LLC FREEFIAN/AUSTIN LVNGTRS 1 -1 MAi 2;:: O.OVESID , I�lC * DOVF3"ID. INC IJ,1 MAIN 313. T±afACJ�4 Ci 0.,i INC K ticUBERTI f'AI:i lJ1 '".MNI,'3 Sit MARTIN ?. ASSOCIATES m ,1ENIC:H:IELLf� 1J9 CO'J�NTRY.WI.DL iiOME LOANS I COU(NTRYW DE HN Ltis INC 1 , ;LAIN �J= TACO "SELL 16844 JO'DIKA ENT I!NC 1.15 MAIN YAKETY " YAK 8 S'TADE ,�" J _DI'!IS 115 MAIN i I " ER Q3 JOHN OfN 5 MULL'ISATi 11 ' AI N 01A�I : ' G, : MC LI DA D 31uGS 111 •1AI,'i VARONA' S CATWALK CODYIEMILIVICK! VARONA 119 MAIN W i JOS F I Sti TACO YUM HUA WO?a'S 'r1t1 3G 1 2J MA'I'N THE CLOSET BILLY STARE 121 MAID;. t DIAMOPND LANE" NINA HOK � 1 X A 1 N - i 3- U3 Sit IINE JOSEPH CORM'1AN BL-ow �' AMnEz dWRN C I T Y 0i ii U ': T I i :: T J i iJ 11 i it ;U I,VtSJ LICZNS : L 13TIN 3USINESS LISTING OF 00--ddTOIWIN Mc_aC iA`iTS SJRT=C DY iT ,EET NP SUS 111ESS 3USINESS f:t.'I4E 7= NAME PROPRIETOR rIDDRESS -------------------------------------------------------------------------------- NE:RRILCE• S INC M ERR1LEEl' S :1 X.0 1 MAl i HU14TINGTON SURF AND SPOR HUNT .r3UgF :. `.: S.P+Oai INC- 1 23 A,I ! 9 �1 SURF CITY CANDY INC RICHARD V.ASILIK 1 2 b -NAIN 1 :32, PSYCHIC 30UTIQUE STEVE & POLA STEVENS 12o AAI Al 103 PSYCAIC JOUTIQUE STEVE 3, POLA STEVEAS 123 MAIN 133 ARRI3A 3AJA CANTINA ROCKIN It.OtdC:EPTS A"NC 1 -2j 1AlN 131 CtEACi1 ISLAYD BEACH .ISLAND INC 127 MAI'�. 3 J ' S CHICAGO PIZZERIA HENNESSY/M0TE'1KD 20; MAIN 1 �1 G L STORE #6237 TAREK ADEL 233 MAIN 102 SURF CITY. MARKET STEVE ZEIDAN 2 ?J MAII 1 '.]3 CLOTHES .IN101DED INC MICHAEL A HECHT 2-90 MAIN 104 COACH 'S .MEDITTERANIAN "OR MURAT KOC 2 3,J ?FAIN 105 2U0 MAIN MArN STREET OPTICAL a 80 .4 & G KAUOUJI 200 MAIN 1 )7 HAIR. SY ROXANN ROXAMN :KAMLEft 23tG MAI;1 103 IMAIN 'ST ;HAIR CO CAROLY_.IN SUE HARIISON, 2-0.3 XAI�3 103 CONCEPTS IN HAIR DEBBIc 230 N A I h 'IL U3 HAIR BY KRISTY KRI'STY NAC RA.E 203 i4AI 2 103 SANTOS -SUSAN SUSAN SANTOS 2,30 :`dAI ! 1 �S S.TACEY STACEY RECTOR 2130 -MAIN 103 COLOR ` 9EIIAlE ;{E.U1�ii; S.I,K .i�Is#. , 2JO i�1.A,Ii�fi 109 THE ,SKJE LA3 CLARENC£ S DAE 310 LEt 'A J. 112: 3EACI; STORE LEI A : CfiA ?vJ .� A:I:x ! 14 QIZER REALTY JA;� SH0IAKER 2=3U '�tAlaj 115' Ii3iTER lATIO'.VAL HOUSE OF P . I H O P 200 M A I i 116 SEA ,BAILS LECHI T LE 23 MAIN 117 HURRICA NE:S 3AR $r .-GRILL GAS.TON VI.L;LAL�A: �0 ai",AI �I .. 2.tJ1 ALA: C .1400SS -It ALAN .0 ;ftOES3 S '.33 r'1AI'1 2.'05 Kfl:1 RY R �3E .T PR:OPER3.E$ ttt3t�ER tCflllY ZJutAI' .. 2i5 CRAE)3-Y1S BOAT Hi3USE C�H R STAUziAhT IJE�N. TURF `J j I: i 1J`1A HIR5CI3 ENTERPRISES 2J "A4 ;E G 2047 SACAL SURFBOARDS ED SAKAL 231 N A I tal A BASkI t—r3383ZNS. #6:7.5$ MC CONNELL' S 2-J-1. �1AIii AMERICAN VI NTAGE L 'T IT E3E NC _ ' 201 MAIIN C AMERICAN VINTAGE CLOTHIN SALLY }3A<NA 231 tlAlN t : STRE`T. LITE ESPRESSO CAF PRESTiN/ROSE F0NG �31 `NAIN HU.4TIN3TON. BEACH ��3E.ER C0 PETER? .A. AND ,2IET 2.yt1 . AI: i D OWN T0W34 DUSINESS ASSOCI 5 MAID - I THE S.tiCK & ROLL.' EAiP0:r2IUM MiCHAfL N1f3ni;Alf i THE ROCK & ROLL EMPORIUM E.VELL STANLEY. 2J5 1A1*1 SURF CITY CASUALS . C 3 J a E N 0 1 T c'GS Y1AIIN 1 J� 3 EAC%tCJ 13ERS LOCKt:R SARY HATCii ;0; MAIN KILLARAEY 'S PU3 N GRILL DOIRE MAIN CORD =09 MA M0-10` 5 JA.R & GRILL E--:Z 'iARTIN INVEST OR 211 I I A i� t 3 GERGEN J P COMPANY INC J0E GERGEN 11 +1AIh HAitL:34 RICHARD & ASSOC RICHARD HARLOW 211 MA_1N Z HOLLY' S YOGURT TIM W .HOLLY TURN '13 1tAII SUGAR 54ACK CAFE T M TURNE-2 '13 HAI1#" NO KA OI NO KA DI ? 1 MAliv T Y O F H U 'i T I T U 3 _ L BUS IME 'S LICE"jSc LiSTI"1G BUSINESS LISTING OF DOWNTOWN ,'°lL"'C IAATS SORTED :j'Y ST :E:C:T I P JUSIUESS _3U SIfNE SIS JCi��I ICE DF NAME PROP;RI ETOR ADDRESS 30u sEL'1 J COHPANY .CPA lrNERI. L UUS�:,L> 215 :I AtI!t. :i�AIN .. MILLIONAIRE SKIAtCARE JAFJ> STOL:IA 'iU +ilili�i T TUMA TOWN TU?NA TOWN LL , ?21 -1A1N A LUIGI ' S RESTAURANT GIHASSAN DAHA6REH "_'21 MlAI'l STARJUCKS COFFEE COMPANY SCHULTZ C& SMITH 221 '1AlN y THE IRDN GATE NA:+3s`NETTE LE SAGE 'c'1 -1Aa J J 1LACK PEARL BREWERY UOyALD I`1A N D D =21 :CAI _ ALOHA GRILL GASTON VILLALBANC 2 1 ^1AI'..1 : `,JELLS FARGO HOME MORTGAG WELLS FARGO. HOME MORT C,21 A A 1 N � 'IULLiiuA?!' S PROPERTIES GARY MULLIGAN 2 '1 1A ! T C MANASEMENT INC @ M FEIN 221 LAIN H H M R ARCHITECTS WILLIAM J R :S-ElCiA _'Zl IRIN I ROBERTS J ARTHUR & ASSOC J ARTHUR rOSEIRTS ?•'1 eiAiA J CTR FOR CLINICAL.. .HYPNOTH P. SEGEL 3 i�ALJ ,Y.I "1 1A �i �: A D S CONSULTING E1NGI(NE.E MOST.AFA DL0UM:I 221 MAI`! L SAXON MORTGAGE INC SAXO,N MORTGAGE INC _"1 ;'lAIN at AVALON LOGISTICS .INC AVALON LOGISTICS INC '21 .MAIN N SALES FORCE ONE BRE:NDA GERINGER 221 dAI1d 0 THE ;ARJ_?t. DESIGN GROUP G R E INC 221 MAIN }' AD.JA;ICE.D VIDEO- AND S.EC,UR R:.SAUR-MA'N!J TOWNSHEND ':21 ;CAI ?4' TEA1 REAL ESTATE KEIT'ri .30HR Zl 14Al?f1 s TEAS' DESIri & C0NS1`1ZUCTI JEFF JERiiSiMA ` ,1 .4AI"! 5: PRY'JR GIuGEY RICHARtO F MOP.Aid ``1 .4AIN J CHURRO :MAN SLAVOLJUB SAVIC 1 'MAIN IMAGINE IMAGES EDGAR S BRENDA POE 301 1AIN EXCEL SI.S CANDLE G:_ UIN-H F' 1L;: S-HEPH-ERD. 3.0.1 .M.Aii+E JO-r_Y' S `CH ItAGO ':STYLE; lei:Ci AEL, ,VA,ISiDENB-E G ;`EIVT 31. MAIN PARKI G COIN;LEP`T;:S INC' PA'RK.I JG LO:NCI=PT;S IN C, 3t11 . I:ATN T--T--*•+ a_?I:F 1=14 Ai CARTWHEELS MELINDA COLLINS 301 ;3AIN BEACH 3GUQUETS MICHELLE PATTON J ;1 '1AI,d GONZALEZ/ TORRE.S/ MCtNE-ES GONZALEZITORR_S/MCNEES 30.1-.MAIN BLUE WATER PEDICA-B COMPA DAWN T 0 N Y ..SACCARECCIA 301 MAIN FREEDOM K S.JER :Y R � .T ROSA 301 MAIN RAPH_N NDUSTRI.ES. RACHAEL TURtNSULL 301 '. HAl14 WARD J-OHN M :WARS 371. 11AI14 31+J0 3 IZ BRIAN WOOD 3 1 `lAlN PHONE CITY HAD.irIA K A"t.IR 3�1 MAIN- ' PATIER:N3 K/DOVI ' I/3ULLAR PAT.IEfil1JID:OVIli3'JLLARD 301 4iy ;30UDREAU ANDREA ANDREA rS°OU.DREA J 3:31 ti1AIN T P- F GIFT COMPANY TERESSA PEGGY F;RIAS JU1 MAIN TROPICANA SHADES A & O MAHMOOD ;1 M A I I ^1AA AI CURIOS ND.i?ITU 'IAHINDA 331 :AAI iA tIARTJNI ,MAIN IN<A GRILL RESTAURANT INKA RESTAURANT `dEJTtJR 301 MAIN 10" SYR EN ENTERPRISE —+ MARK ORTIZ 3 011. f+ AIN 10 SOLAR TAN TANNING SPA SOLAR TAN INC 321 MAI`i 10: SPI 'AL RE 3TAURANT PHAKPHOOM UUNNATHONG 301 4A!'d 1 `J. �■e C I T Y O F H U T : JUSINESS L I C Z 4 S E LISTI40 SUSINESS LISTING vF D)'WATOAN TM 'C—AANT S S ) ;TED SY �TRE:ET "i �E 3USINESS 3U51'NEaa SERVILE )E NAME PROPRIETOR ' ADDRESS tISKERS : . . . : J PJER:, � :;. fiiN�l(ART 351 MAL'� 1 �> 3m0KI„'` m0 S 33Q MO .0 .L'EtS LLC 331 .1ATN 1Js SALON 213 JEN:NIFER FAIR .301 MAI N1U5 O'NEILL JULIE JULIE O'NEILL 3-31 MAIN 1 U� YOGA PLACE WHOLE 300Y INC 501 MAIN 1 �) CALIF GREETINGS CARDS a DISH & 304L INC 321 :CAI`: 11J RENAX SOUTH COUNTY REALT GARY O THOMAS 3J1 1AIA 11 =' FUTO' S 1 GIFTS ALPHIA HOSKINS 3J1 MAITN 11 ; ASTRA .POWER LLC ASTRA TkADING NV 301 A A 1 N : 7 JI PAZANTI HONE MORTGAGE H W R PAZA%TI ",01 -MAI`! 2:17 H 3 CONFERENCE/VISITORS 3OONEIELLIS/DUNK, 301 MAIN 2113 FABIAN WEALTH STRATEGIES FABIAN WLT4 STRAT I/NC 331 MA!N c'72 TELEP HOVE SNITCH NEWSLET DOUGLAS D FABIA,'M 301 !4AIN 2� 2 APPLEGATE PLUMBING LARRY A APPLEGATE .311 .1AIR4 13 RDCKIH FIGS SURF HEADQUA RICK . F.U:UMcTTZ 316 MAIN A ,AVILA' S EL RANCHIT0 .H S SERGIO WILA 31`8 MAIN MAKIN WAVES SUSANNA SRITTF1 320 MAIR! HUNT OCH REALTY I.14C R03ERT SOLEN 322 MAI;A THE TIPSY GYPSY PATRICIA HJNTE.? cT ALL 324 MAIN FRE'UD JrFF SE:FF 'FREUD 32a ::MAIP! DA.'dK EMTLRPFISES.:: JASON .41L3ERT . 325 tlAIN 101 MOTO GARAGE. ROUE►:T - CJLLIN.S 323 MA:LIN JAX 3ICYCLE CE.UTER HANDS ON 3ICYCL`. CENTR 4U1 ?1AIN t SU;NLINE ELECTRIC CHAIR/E AODUL MEMON :10 `FAIN ' PENETRATION X ELIZABETH H PARKER, 4 1 MAIN 3 C:©fatTl.'J._ENTAL-_..Z;HR :CLEANERS T. & J. NAtiK_ui fir . . �.1:1 ,MA1.1I: SURF CITY CHIROPRACTIC DA"N LA .FONTAINE MOOD S'WI1G5. KIFt3ERLY 'HUCiCADY. 41 ? ;1AInj 1 MOOD S;JINGS :. : - .HEIDI TURN R --41 ' MAltd 1 '3' i BULLDOG CIGAR LOUNGE HASSEN BEDWAN 417 1AI N 1 0'. NATIONAL PRO P A.INT3AL L L A P P L 41 ; MA IR! 2� MAILBOX STATION,, SUSAN L CAINE 419--M-AIR! � 3 COASTAL MORTGAGE. GROUP JAMES SULLIVAN 419 MAI' k COAST 40MES REALTY JAMES SULLIVAN 419 MAIN � f iMkIDIC .MOTORS INC R00E9T MANDi IC: 424 MAI;4 1 SAL 0 1-1 H O ALON H J .LLC t.2; :CAI n 1 3 433 i1Alft STREET LP 433 MAIN ,STREET LP 433 1AI:"1 3 N-c 1P JRT COTTON EXCHANGE NEWPOR.T COTTON CJ INC 435 MAI+! 11. t REVELLE M REAL ESTATE : .MICHAEL REVELL-2 433 �I IN L°7 A COASTAL PACIFIC REAL EST KARIN KE Z.vE 4s3 .4AIN '3 FULL SPECTRUM! LENDING IN FULL` SPECTR IM LENDING 433 MI AIU ?1 .3 MAI`1 STREET LAUNDRY GARY. t9AAG 440 `1A!N 3 PIERSIDE J.ENTISTRY DR JOHN GO'LGOLA3 501 11Al' C M1AI4 STREET TANNING SPA GINA VILLELL.I 01 MAIN' R JAWS FIEALTH BAR JAR! GAFF;IEY 501 !FAIN P, 30DH.I TREE VEGETARIAN! RE OUOC PHA t' : 31 IMAIN. A AINNIC NAILS YEN PHI -`tGUYE111 :J1 '1A!N X MONT5D.AERY JEWELERS CHARLES �i)NTG3'l_lr Y 01 MA1IN C C I T Y O F H J d T I ri G T D N A Ctl BuSINESL LICENISL LILTI`'yv BUSINESS LISTING OF DC:WNTOWN {1zrtCii�'�iIT ?TED 3Y ; TRL 1) aL LI US IN E S S 3USIN, R V 1 C DE OVA"1E PROPRIETOR A a D R E CIA.STI.INE PARTNERS III A:ND,REW KAT'HLE.EN: S_TUPI?'J �?4, 1A iv MAIN 'STREET CLEANERS. MINAS SUPEiEN Sj4`.:'Irti'i A` LUCY' S TAILORING & ALTER HARRY GULDJIAI`I 5D4 MAIN DIRTY DOG WASH KIERSTIN OLSON 504 M A 1 N C PETTIT SUSAN **-3l SUSAN PETTIT 504 ill AIN a 3EACH CITY HAIRCUTTING JAMES S RONNA DRANT 534 MA!N D 1AIi7 JTRZET MARKET PAK HUI A- ICHA Juii AtA!N SUVS_ T NAILS & SPA L 0 NGUYEN J3 MAIN A SHwRE HOUSE CAFE D & D 3OUAUONNA 520 t9AII THAI WAVE NARONG CHAE:C14UEiJ 522 MAIN MEHALICK -MICHAEL DESIGI,q MICHAEL MEH'ALICK 525 RAIN A 525 =1AIN STREET LP 526 MAIN STREET L? 526 1AI'a SURF—C-0NYECTION TIM OTOOLE 316 OLIVE 45 � HUNT 3C4 INT' L SURFING M NATALIE KITSCH CHAIRPR 411 OLIVE T_Ht ;UPS STORE #4-4$2. ARCH INVESTMENT COMP r;12 OLIVE COLD STD4E CREARERY." H3 # G -S: . J HOL;DREN 416 OLIVE �° c=v f nc��-. A A ! r - 424 OLIVE O ® ! A C S !1!^ ID � ry p s T � OU30V LEON E DR LEcON DUOOV 305 ORANGE A FL"EMIING MERL L DOS MERL L F LEE MING EJa ORANGE: J JAFFE DANIEL D D S DANIEL JAFFE D 3 5 33 5 0 R Ut A N— C GRJJTEG3E'J . A €tJSSELL RU;SSELL A =G40O°T':EGO:ED �rJ5. 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CANDLES STEVE DALAT 330 PAC I-fIC .OAST 1 MELTONFELD ENTERPRISES ADAM DANIEL MELTON 3OD, : RAC IF IC C0AS)T : Ly y.l PSYCHIC BOUTIQUE I CART STEVE STEVENS. 30D P:A ..I F IC C0:`.S.T PIERSIDE PAVILLON.'LLC (C PIERSIDE, PAVILION! 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L KING 122 S'E_'JEINTH 24 J J E.NTERPRIZES JAMES R JEFFREY 124 SEVENTH A SMITH RO3ERT L T R03ErRT L T SMITH 1235SEVENTH M P SIGNING SERVICES MARCIA PASTELIN 21S THIRD ANGELES RU3EN B & SIONIT RU3EN <,SIONITA AIGELES 222 THIRD ALLEN ROBERT R R03ERT R ALLEN 224 THIRD LUITWIELER 'C&i+IQUIVE.R. PR R LUITWIELER/ F ARIAS 302 THIRD ; 24 HOUR. FITNESS RON rHolIPSON 403 THIRD GALITZEN PROPERTIES DONALD GALITZENI ;15 THI-RD HAYES ;ASSOCIATES THE EILE,IE H HAYES 315 Td.I.RD A tJAPPA JOSEPH ATTORNEY JOSEPHA KAPPA 315 T. lIRD C SA ILL PROPERTIES _`,INC D DAVISS'lJN, l T £SEL.UN :. 315 THIRD: D M p P JJIiY6I1'ARD$ DOM:INIC. MENALDi 3f:5 THIRD = JANI S BEAUTY. SALON JANLE GARRETfi 375 THIRD F DOMINGUEZ MAR.IA MARIA DO iINiGUEZ 315 THIRD N HAVEN OF WELLNESS LISA ROGERS 315 THIRD H SOLI ADVERTISING LAURA BRAVO OE RUE-DA 515 THIRD V HAYES CHR:IS :PE €HRIS, iC _NAY ES ,P E 3.1.5.. THIRD. i TRIUA:L INK MARK A DIXON 315 :Ti,]IRD � TH:E S�AR.NES. -TEAat HOWARD . BARNEPS 3:15 T'HI-RD O SNAPPY 'KLEE`1 LA'RRY` APP€L3AU,4 315 T`HI`RD ? MENALDI REALTY / EINTERPR !TZARGUARITE CIE IALD1 315 THIRD c'Yt SOUTHWEST AIR aALANCE STEPHEN L PENN 322 THIRD . J 4- PR0P-ERTIES JOSEPH ..A MAURI . .324 THIRD INYOVATIVE AIR CONCEPTS DENNIS ORTON 325 THIRD TSONG DAVIT? E AID DAVID E TSONG _'20 WALNUT RED PEARL. KITCHEN B LAC$: PEARL KrTCH,EN 412 . `�JALJ UT CAPITAL .INVESTIENT NE TWO. CAPITAL INVEST NET INC 414 WALNUT WORDS GARY PHOTOGRAPHY GiARY ` WOODS` 513 : WALNUT 1 /2 WORTHY APARTMENTS L E �JQRTH`Y 515 WALNUT M- r HEL§lE HOUSE F.URNISHI GUY G:JZZ:AR7-0 , 5'17 WALNUT ALS ARE 3.34 • u� Council/Agency Meeting Held: Deferred/Continued to: ?'Approved ❑ Conditionally Approved ❑ Denied City Cl rk's ligna r Council Meeting Date: 7/19/2004 Department I Number: ED 04-19 CITY OF HUNTINGTON BEACH N �a REQUEST FOR CITY COUNCIL ACTION r-= Ga SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRET -GRAFT, CITYIST OR PREPARED BY: DAVID C. BIGGS, DIRECTOR OF ECONOMIC DEVELOPMENIUd""'�, SUBJECT: Adopt Resolution of Intention to Establish the Huntington Beach Downtown Business Improvement District, Levy an Annual Assessment for Fiscal Year 2004-2005 and Schedule Public Hearing for August 16, 2004. �,p�, ( c) L\ Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: This is the first formal step to initiate a new Business Improvement District in the downtown area proposed by a merchant steering committee. Adoption of the subject Resolution of Intention will establish the parameters of the BID and set the public protest hearing for August 16, 2004. Funding Source: Formation of the proposed BID is being done as part of the Economic Development Department work program. The cost of publication and required mailings of legal notices are budgeted within the Business Development Division operating budget. Recommended Action: 1. Adopt Resolution No. 2004=S1.P of the City Council of the City of Huntington Beach Indicating the City's Intention to Create and Establish a Business Improvement District (BID), called the "Huntington Beach Downtown Business Improvement District" For the Benefit of All the Businesses Located within the Downtown Business District, and Setting a Public Hearing Date of August 16, 2004 to Formally Establish Said Business Improvement District and to Levy Assessments. Alternative Action(s): Do not approve the Resolution of Intention to establish the Huntington Beach 'Downtown Business Improvement District and discontinue the process for the consideration of a Downtown BID. �L\ • REQUEST FOR ACTION 0 MEETING DATE: 7/19/2004 DEPARTMENT ID NUMBER:ED 04-19 Analysis: Business Improvement Districts are formed to collectively achieve objectives that each business cannot achieve alone. These objectives include Marketing/Advertising, Special Events, and enhanced Landscaping. Many downtowns have found that Business Improvement Districts have enabled them to work together to achieve success in their unique downtown areas and to better compete with managed malls and shopping centers. BIDs are a frequently-used tool to help maintain revitalized downtown areas throughout California and the nation, including local examples such as Belmont Shores, Long Beach, Manhattan Beach, Santa Monica, Corona del Mar, and Pasadena. Merchant members form an Advisory Board to manage and control the funds for activities that benefit the entire district. In June 2002, downtown merchants approached the City of Huntington Beach about forming a new Business Improvement District in the downtown commercial area. Since that time, a merchant steering committee has hosted four merchant outreach meetings to determine interest in forming a BID, identify downtown priorities, define boundary areas, and create assessment levels. If approved, all businesses in the district will be subject to the BID assessment. The attached BID boundary map shows the area proposed for inclusion in the BID, which includes the future Strand and Pacific City projects. New businesses, many in these future developments are expected to be national chains, will be part of the greater downtown district and will also contribute to fund activities to improve business in the greater BID boundary area. Increasing success of downtown hotels and special events bring thousands of new visitors to downtown each month. With the combined funding of a BID, merchants will have the ability to do collective advertising, publish downtown business maps to distribute to visitors and residents, enhance landscaping, support special events, and initiate other activities to take advantage of the additional customers and increase business in the downtown district. Upon approval, each business within the BID boundaries will be assessed an annual amount, collected with the City Business License, to pay for approved categories of spending to benefit downtown businesses. The proposed categories, benefit zones, and assessment amounts are set forth in the attachments. Funding decisions will be made by a seven-member BID Advisory Board to be selected by election from the businesses paying the proposed assessments prior to the start date of October 1, 2004. Each business will have equal voting weight, regardless of assessment represented. The elected BID Advisory Board can modify the proposed budget categories. State law requires activities benefit businesses located and operating in the area. The Resolution of. Intention sets the public protest hearing for August 16, 2004. At that time, the City Council will have a tally of the percentage of assessments protested and will hear additional public comments on the formation of a Business Improvement District in the downtown commercial area. If the protests total less than 50% of the total amount to be collected, the City Council can approve the proposed BID. The City Council also has the G:\Christy\BIDs\Downtown\Formation City Council\RCA071904.doc -2- 7/7/2004 4:19 PM ® REQUEST FOR ACTION 0 MEETING DATE: 7/1 912 0 0 4 DEPARTMENT ID NUMBER:ED 04-19 option of reducing assessments or modifying the BID boundary area if public comments prompt adjustment. If the BID is formed, an annual renewal process by the City Council is necessary. If approved, the Huntington Beach Downtown Business Improvement District will be authorized for one year commencing October 1, 2004. Environmental Status: Not applicable. Attachment(s): City Glerk's Page Number No. Descri ption 1. Resolution of Intention to Establish Huntington Beach Downtown Business Improvement District Exhibit A— Huntington Beach Downtown BID Boundary Map Area Exhibit B — Huntington Beach Downtown Business Improvement District BID Annual Budget Fiscal Year 2004-2005 Exhibit C — Huntington Beach Downtown Business Improvement District Assessment Formulas G:\Christy\BIDs\Downtown\Formation City Council\RCA071904.doc -3- 7/7/2004 4:19 PM Resolution of Intention to Establish Huntington Beach Downtown BID �A�T�,A C HMt �I�T �#�1 RESOLUTION NO. 2004-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE CITY'S INTENTION TO CREATE AND ESTABLISH THE "HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT" FOR THE BENEFIT OF ALL BUSINESSES LOCATED WITHIN THE DOWNTOWN BUSINESS DISTRICT, AND SETTING A PUBLIC HEARING DATE OF AUGUST 16,2004,TO FORMALLY ESTABLISH SAID BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS 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 WHEREAS,the.California Legislature found that cities are authorized to levy assessments on businesses which benefit from those improvements and activities; and WHEREAS, the purpose of the business improvement district proposed by this resolution of intention is to fund activities to promote activities that benefit business located and operating in the Downtown Business District within the City of Huntington Beach; and WHEREAS,a sizeable majority of the businesses within the Downtown Business District have requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish an improvement benefit area within the City of Huntington Beach and to levy a special assessment to promote all downtown businesses; and WHEREAS,this resolution of intention will commence proceedings under the Parking and Business Improvement Area Law of 1989, NOW, THEREFORE, THE CITY COUNCIL OF THE.CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. (a) The Huntington Beach Downtown Business Improvement Area is proposed to be established pursuant to Streets and Highways Code §36500 et seq. with the boundaries of the proposed district and the boundaries of the benefit zone to be as depicted in Exhibit"A", attached hereto and incorporated herein by this reference. (b) The name of the business improvement area proposed to be established is the "Huntington Beach Downtown Business Improvement District." (c) 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"B", attached hereto and incorporated herein by this reference. Further, the 04reso/business improve-04/7/7/04 1 ® Re1Wtion 2004-56 improvements, if any, to be acquired for the proposed business improvement area are specified in Exhibit "B". (d) The proposed assessment will be levied annually to pay for all improvements and activities within the business improvement area, except where funds are otherwise available. (e) The proposed method and basis of levying the assessment to allow each business owner to estimate the amount of the assessment to be levied against his, her or its business is set forth in Exhibit"C". (f) New businesses within the business improvement area commencing operations-after the effective date of the ordinance levying the assessment will not be exempt from the levy of assessment as provided in Exhibit"C". (f) The assessment will be collected on an annual basis concurrent with payment of the City's business license fees. (g) The time and place for the public hearing on the establishment of the business improvement area and the levy of the assessment shall be 7:00 p.m., or as soon thereafter as the matter can be heard, on August 16, 2004, at the Huntington Beach City Hall, City Council Chambers, 2000 Main Street, Huntington Beach, California. (h) At the public hearing set forth above,the testimony of all interested persons for or- against the establishment of the business improvement area,the extent of the area, or the furnishing of specific types of improvements or activities, will be heard by the City Council. A protest may be made orally or in writing by any interested person. 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. (i) Every written protest shall be filed with the City Clerk's office, Huntington Beach City Hall, Second Floor, 2000 Main Street, Post Office Box 190, Huntington Beach, California 92648, at or before the time fixed for the public hearing set forth above. 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. (j) Each written protest shall contain a description of the business in which the person subscribing the protest is interested, sufficient to identify the business,and if a person subscribing is not shown on the official records of the City of Huntington' Beach as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this subparagraph shall not be counted in determining a majority protest. 04reso/businessimprove-04/7/7/04 2 Resol n 2004-56 (k) If written protests are received from the owners of businesses in the proposed business improvement area which will pay fifty percent(50%) or more of the assessments to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent(50%),no further proceedings to create the proposed business improvement area or to levy the proposed assessment, as specified by this resolution of intention, shall be taken by the City Council for a period of one year from.the date of the filing of a majority protest. If a majority protest is only against the furnishing of a specified type or types of improvements or activities within the " business improvement area, those types of improvements or activities shall be eliminated. SECTION 2. 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 3. The City Clerk shall mail a complete copy of this resolution of intention by first-class mail to each business owner in the District area within seven days after the Council's adoption of this resolution. SECTION 4. 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. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of July , 2004. r APPROVED AS TO FORM: If YY Clerk Ji�ty Attorn y `],(- I REVIEWED AND APPROVED: INITIATED AND APPROVED: JA va .City Administrator Director of Economic Development 04reso/business improve-04/7/7/04 3 ! " 1-3 N. k-A# ff 0 ! 3 F i 4n �lipuw ��ru d unn Business prove District asun are EXHIBIT B HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT Annual Budget Fiscal Year 2004-2005 BID assessments will be used to establish the Huntington Beach Downtown Business Improvement District budget. The Huntington Beach Downtown Business Improvement District will actively fund activities to promote Huntington Beach Downtown businesses. The BID fiscal year will be from October 1st to September 301h. EXPENDITURES MARKETING/ADVERTISING $20,000 • Downtown Maps • Publicity Efforts • Visitors Guide Advertising • Signage/Brochures SPECIAL EVENTS $40,000 July 4ch • Halloween • Surf Promotions • Spring/Fall Promotions LANDSCAPING $15,000 ADMINISTRATION $10,000 LEGAL/ACCOUNTING $3,000 MISCELLANEOUS $2,000 ANTICIPATED EXPENDITURES $90,000 ANTICIPATED REVENUES $90,000 • • Exhibit C Downtown Business Improvement District Assessment Formulas Benefit Zone 1 Retail Businesses $500 Less than 5,000 sq. ft. $1000 5,000 sq. ft. or more Restaurants $500 Less than 5,000 sq. ft. $11000 5,000 sq. ft. or more Hotels $500 Services/Office $200/$100 if on 2nd floor or higher Real estate salesperson $50 Nail/Hair/Skin Stylist $50 Banks $500 Benefit Zone 2 Retail Businesses $250 Restaurants $250 Hotels $500 Service/Office $100/$50 if on 2nd floor or higher Real estate salesperson $50 Nail/Hair/Skin Stylist $25 Banks $500 Res. No. 2004-56 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN FLYNN, the duly appointed, 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 19th day of July, 2004 by the following vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen NOES: None ABSENT: None ABSTAIN: None ity Clerk and ex-offia Clerk of the City Council of the City of Huntington Beach, California • RCA ROUTING SH ET INITIATING DEPARTMENT: ECONOMIC DEVELOPMENT SUBJECT: Establishment of Huntington Beach Downtown Business improvement District COUNCIL MEETING DATE: July 19, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Appiicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not Applicable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorne Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorne Certificates of Insurance (Approved b the City Attorne Attached ❑ PP Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Attached ❑ Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Attached ❑ p ( PP ) Not Applicable Attached ❑ Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO ARPED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR'RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Christy Teague X5088 RECEIVED FROM � PUBLIC CORDZCOUNC A9EET1K�CITY CLERK OFFICE JOiAN L FLYPW.CITY CLERK Merchants Against The Business Improvement District The following Downtown Business Owners are opposed to the formation of a mandatory Business Improvement District(BID) in downtown Huntington Beach: (Please print) Business Name Owner Name Address Phone Signature `�•c G g f l ' S / ,9( -S nyj r, t✓Y)CE rle� l ihre 1 � '�rl -. (. r(1(� �..� � <:� �'T.' " f �'"�,. L0t�9� It � 0 �J �Y ° � I ( herzL�ic� �N� DTI �'1�Cz�. �ieM► �'�� 3vs ��,�.�.,�-3 �,� .—� ; � _�(�c�•��;�Z� L :' �>� Merchants Against The Business Improvement District The following Downtown Business Owners are opposed to the formation of a mandatory Business Improvement District(BID) in downtown Huntington Beach: (Please print) Business Name Owner Name Address Phone Signature 42 ;,y 7 K'Del,,F-.:'t :�ti-j p Lw— I '�Z�.�.. Return address: �?j / "�� rtl — . 3 Merchant Downtown BID Formation Committee City of Huntington Beach C/O Economic Development Dept. 2000 Main Street Huntington Beach, CA 92648 Downtown Business Improvement District Survey After considering the enclosed BID information and assessment formulas, do you support forming a Downtown Business Improvement District? t YES NO Do you have any suggestions to make it better? This is not an official protest. Before the Protest Hearing,tentatively scheduled for August 16,2004,you will receive an offir_.ial protest notification and ballot. This survey is to dete me the leveL of support from downtown businesses and to seek feedback f m busines Business Name AddressV J� City Huntington of Hunti ton Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF ECONOMIC DEVELOPMENT Director 714/536-5582 Redevelopment 714/536-5582 FAX 714/375-5087 Housing 714/536-5542 June 18,2004 Dear Jim: Thank you for the annual report for the 2003-2004 fiscal year to date and the 2004-2005 proposed budget for the Huntington Beach Auto Dealers Business Improvement District.Here is the proposed schedule for the Huntington Beach Auto Dealers Business Improvement District annual renewal by the City Council for the 2004/2005 fiscal year. Date, Or anizatioq,: Acton June 11,2004 Huntington Beach Auto Dealers Budget Approved; delivered to Economic Friday Advism Board Development. June 18,2004 -Request for Legal''Services-to City, Friday Economic Development Dept: Attorne July 6,2004 Economic Develoment Det. Request for Council Action(RCA) p p Tuesday complete for consideration on July 19. July 19,2004 Resolution ofItitent.to ap City Council. Monda __. assessments and set;pubic hearingdate. July-29 200 �_(uiE i` Publish notice of public hearing and mail - - City Clerk 'Thursday-�1`� -Resolution of Intent to businesses. � a..t,,�- `�} August 16,2004 Conduct public.hearing and approve HB. Monday City Councif Auto D.ealers,"BID assessments;-for 24Q4l2U05, It is a pleasure to serve as city staff representative supporting your Business Improvement District. If I can be of service to you or any of the dealers,please contact me directly at(714)375-5088. Sincerely, IcJ l Christy g D. Teague Assistant Project Manager s = cc: David Biggs,Economic Development Director ^F....; Gus Duran,Housing&Redevelopment Manager �N)i Joan Flynn,City Clerk Liz Ehring,Assistant City Clerk > y Pat Dapkus, Senior Administrative Analyst `:' S>. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) ` I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: August 5 , 2004 declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 5 , 2004 at Costa Mesa, California. Signature , Independent Legal Notices 2640 Legal Notices 2640 Legal Notices 2640 Legal Notices 2640 Legal Notices 21 RESOLUTION NO. 2004-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE CITY'S INTENT?ON TO CREATE AND ESTABLISH THE "HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT"FOR THE BENEFIT OF ALL BUSINESSES LOCATED WITHIN THE DOWNTOWN BUSINESS DISTRICT,AND SETTING A PUBLIC HEARING DATE OF AUGUST 16, 2004,TO FORMALLY ESTABLISH SAID BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS 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 WHEREAS,the California Legislature found that cities are authorized to levy assessments on businesses which benefit from those improvements and activities; and WHEREAS,the purpose of the business improvement district proposed by this resolution of intention is to fund activities to promote activities that benefit business located and operating in the Downtown Business District within the City of Huntington Beach;and WHEREAS,a sizeable majority of the businesses within the Downtown Business District have requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish an improvement benefit area within the City of Huntington Beach and to levy a special assessment to promote all downtown businesses;and WHEREAS,this resolution of intention will commence proceedings under the Parking and Business Improvement Area Law of 1989, NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. (a) The Huntington Beach Downtown Business Improvement Area is proposed to be established pursuant to Streets and Highways Code§36500 et seq,with the boundaries of the proposed district and the boundaries of the benefit zone to be as depicted in Exhibit"A",attached hereto and incorporated herein by this reference. . (b) The name.of the business improvement area proposed to be established is the "Huntington Beach Downtown Business Improvement District." (c) 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"B",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"B". (d) The proposed assessment will be levied annually to pay for all improvements and activities within the business improvement area,except where funds are otherwise available. (e) The proposed method and basis of levying the assessment to allow each business owner to estimate the amount of the assessment to be levied against his,her or its business is set forth in Exhibit"C". (f) New businesses within the business improvement area commencing operations after the effective date of the ordinance levying the assessment will not be exempt from the levy of assessment as provided in Exhibit"C". (f) The assessment will be collected on an annual basis concurrent with payment of the City's business license fees. (g) The time and place for the public hearing on the establishment of the business improvement area and the levy of the assessment shall be 7:00 p.m.,or as soon thereafter as the matter can be heard,on August 16,2004,at the Huntington Beach City Hall,City Council Chambers,2000 Main Street,Huntington Beach,California. (h) At the public hearing set forth above,the testimony of all interested persons for or against the establishment of the business improvement area,the extent of the area,of the furnishing of specific types of improvements or activities,will be heard by the City Council. A protest may be made orally or in writing by any interested person. 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. (i) Every written protest shall be filed with the City Clerk's office,Huntington Beach City Hall,Second Floor,2000 Main Street,Post Office Box 190,Huntington Beach, California 92648,at or before the time fixed for the public hearing set forth above. 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. (j) Each written protest shall contain a description of the business in which the person subscribing the protest is interested,sufficient to identify the business,and if a person subscribing is not shown on the official records of the City of Huntington Beach as the owner of the business,the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this subparagraph shall not be counted in determining a majority protest. (k) If written protests are received from the owners of businesses in the proposed business improvement area which will pay fifty percent(50%)or more of the assessments to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent(50%),no further proceedings to create the proposed business improvement area or to levy the proposed assessment,as specified by this resolution of intention,shall be taken by the City Council for a period of one year from the date of the filing of a majority protest. If a majority protest is only against the furnishing of a specified type or types of improvements or activities within the business improvement area,those types of improvements or activities shall be eliminated. SECTION 2. 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 3. The City Clerk shall mail a complete copy of this resolution of intention by first-class mail to each business owner in the District area within seven days after the Council's adoption of this resolution. SECTION 4. 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. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of July 2004. /s/Cathy Green Mayor APPROVED AS TO FORM: /s/Joan L.Flynn /s/Jennifer McGrath City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: , /s/Penelope Culbreth-Graft /s/David C.Biggs City Administrator Director of Economic Development i i Thursday, August 5, 2004 67 Legal Notices 2640 I Legal Notices 2640 Legal Notices 2640 I Legal Notices 2640 I Legal Notices 2640 EXHIBIT A \�'�' l✓ �� \A �U��' '`sue<_ ;, ,� ... Y 4 f�t #t is as J f I�,I tf r F d Downtown Business ImPrOvement District Boundaries EXHIBIT B HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT Annul Budget Fiscal Year 2004-2005 BID assessments will be used to establish the Huntington Beach Downtown Business Improvement District budget. The Huntington Beach Downtown Business Improvement District will actively fund activities to promote Huntington Beach Downtown businesses. The BID fiscal year will be from October I'to September 30'. EXPENDITURES MARKETING/ADVERTISING $20,000 O Downtown Maps • Publicity Efforts ® Visitors Guide Advertising . • SignageBrochures SPECIAL EVENTS $40,000 July 4te ® Halloween O Surf Promotions O Spring/Fall Promotions - - LANDSCAPING $15,000 ADMINISTRATION $10,000 LEGAL/ACCOUNTING $3,000 MISCELLANEOUS $2,000 ANTICIPATED EXPENDITURES 90 000 ANTICIPATED REVENUES 90 000 i Exhibit C Downtown Business Improvement Distract Assessment Formulas Benefit Zone 1 Retail Businesses $500 Less than 5,000 sq. ft. $1000 5,000 sq. ft. or more Restaurants $500 Less than 5,000 sq. ft. $1,000 5,000 sq. ft. or more Hotels $500 Services/Office $200/$100 if on 2nd floor or higher Real estate salesperson $50 Nail/Hair/Skin Stylist $50 Banks $500 Benefit Zone 2 Retail Businesses $250 Restaurants $250 Hotels $500 Service/Office $100/$50 if on 2nd floor or higher Real estate salesperson $50 Nail/Hair/Skin Stylist $25 Banks $500 STATE OF CALIFORNIA Res. No. 2004-56 COUNTY OF ORANGE ). ss: CITY OF HUNTINGTON BEACH ) I,JOAN FLYNN,the duly appointed,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 19th day of July,2004 by the following vote: AYES: Sullivan,Coerper,Hardy,Green,Boardman,Cook,Houchen NOES: None ABSENT: None ABSTAIN: None /s/Joan L. Flynn City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California Published Huntington Beach Independent August 5,2004 081-835