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HomeMy WebLinkAboutHuntington Beach Hotel Motel Business Improvement District O a PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) 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 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 5, 2004 at Costa Mesa, California. Signature D 0, Council/Agency Meeting Held: 8 ZO-5,4 Deferred/Continued to: Approved Q Conditionally Approved L3 Denied ttyE-INe,,r1k,� S-ignaffi]ire -T Pn Number:Meeting Date: 8/16/2004 Departm ED 04-21- C= CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION M13 SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL Mf, ERS SUBMITTED BY: PENELOPE CUI��RETH. A(�F`T, CIT�YADMMSTRATOR PREPARED BY: DAVID C. BIGGS, DIRECTOR OF ECONOMIC DEVELOPM'eNT' SUBJECT: Conduct Public Hearing and Adopt Resolution for Huntington Beach Hotel/Motel Business Improvement District Annual Assessment for Fiscal Year 2004-2005 QSN)o Co A - L" Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) s-t Statement of Issue: At the City Council meeting of July 19, 2004, the City Council approved Resolution No. 2004-57. This action declared the City's intention to levy an assessment for the Huntington Beach Hotel/Motel 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, Boundary Map and assessment formula were sent to each business to be assessed. In follow-up to this action, the City Council must now hold a public hearing and pass a resolution approving an annual assessment for the 2004-2005 fiscal year. Funding Source: Not applicable. Recommended Action: 1. Conduct Public Hearing. 2. Adopt City Council Resolution No. 2004- L4, A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment Within the Huntington Beach Hotel/Motel Business Improvement District for Fiscal Year 2004-2005. Alternative Action(s): Deny the request to approve the Resolution. Ll 0 REQUEST FOR ACTION • MEETING DATE: 8/16/2004 DEPARTMENT ID NUMDER:ED 04-21 Analysis: At the request of the Huntington Beach Conference and Visitors Bureau, the City Council formed a Business Improvement District (BID) two years ago including all hotels and motels in Huntington Beach for the purpose of funding activities to promote Huntington Beach as an overnight destination. This is the second annual renewal of the Huntington Beach Hotel/Motel Business Improvement District. The Huntington Beach Hotel/Motel Business Improvement District requires a 1% levy be assessed on overnight room stays in Huntington Beach. These funds are collected as a separate itemization with monthly Transient Occupancy Taxes paid to the City of Huntington Beach. The Board of Directors of the Huntington Beach Conference and Visitors Bureau also serve as the BID Advisory Board. BID revenues supplement the annual City contract with the Conference and Visitors Bureau. Environmental Status: Not applicable. Attachment(s): City G101k�s' • - Numbera De ption. 1. Resolution No. 200449�P Approving an Annual Assessment for Fiscal Year 2004-2005 to Fund Improvements Within the Huntington Beach Hotel/Motel Business Improvement District. 2. Request for Council Action report dated July 19, 2004. 3. Power Point Presentation. G:\Christy\BIDs\Hotel BID\RCA081604.doc -2- 7/27/2004 11:46 AM Resolution Attachment 1 W)cPEe-17 v e- /O —1 -'o RESOLUTION NO. 2004-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AN ANNUAL ASSESSMENT WITHIN THE HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2004-2005 WHEREAS, the Parking and Business Improvement Area Law of 1989, codified at Streets and Highivays Code § 36500'et seq. (the "Act") authorizes cities to establish parking and business improvement areas for the purpose of imposing benefit assessments on businesses for certain purposes; and The City Council formed a business improvement area, the Huntington Beach Hotel/Motel Improvement Business District (the "District"), by the passage of Ordinance 3569 on August 19, 2002. The time has come to continue the existence of the District for fiscal year 2004-05 by levying assessments on those businesses that benefit from the improvements, The District's Advisory Board has prepared and filed with the City Clerk a report an "Annual Report/Operating Budget 2003-2004 Fiscal Year to Date" and"Proposed Budget for Fiscal Year 2004-2005" (collectively, "Annual Report"); On July 19, 1004,the City Council adopted a resolution declaring its intention to levy an annual assessment for Fiscal Year 2004-2005 as proposed by the District's Annual Report. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve, determine and find as follows: SECTION 1. The City Council hereby approves and adopts the Annual Report filed by the Advisory Board in the City Clerk's office attached hereto as Exhibit A and incorporated herein by this reference, which report includes a proposed budget for Fiscal Year 2004-2005 and a description of the improvements and activities to be provided for Fiscal Year 2004-2005. SECTION 2. The City,Council of the City of Huntington Beach hereby authorizes a levy and collection of assessments within the District for fiscal-year 2004-05 as proposed by the Annual Report. The amount of the assessment shall be 1% on overnight room stays and is to apply to all hotel and motel businesses in Huntington Beach as shown in Exhibit B. SECTION 3. The assessments collected will be used to fund activities to increase overnight business stays and tourist visits to District businesses. 04reso/motel 04-05/7/7/04 1 eRe-4tion No. 2004-66 SECTION 4. This resolution shall take effect on October 1,2004. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of &Ugust 72004. APPROVED AS TO FORM: ' c City Clerk 1I ity Attorney ( REVIEWED AND APPROVED: INITIATED AND APPROVED: ity Administrator Director of Economic Development 04reso/motel 04-05/7/7/04 2 Resolutn No. 2004-66 EXHIBIT A HUNTINGTON BEACH HOTELIMOTEL,BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT Proposed.Budget Fiscal Year 2004-2005 The HBH/MBID will actively fund marketing activities to promote Huntington Beach as an overnight tourist destination to benefit all of the hotels and motels in Huntington Beach. The BID fiscal year will be from October 1"to September 30''. EXPENDITURES Marketing Activities Promoting Huntington Beach as an overnight tourist destination, including: • Advertising • Website Development • Visitor Research • Brochures and Collateral Material • Trade Shows Booth Representation • Photo Library �. Publicity.Efforts Other related activities; Anticipated Expenditures: $487,000 REVENUE 1%levy on Hotel and Motel overnight room stay in Hotels and Motels listed in Exhibit B Anticipated Revenue: $487,000 Fiscal Year 2003-2004 to date As of June 30, 2004, after,nine months of operation,the Huntington Beach Hotel/Motel Business Improvement District collected$226,000, all of whiclrhas been invested on activities to promote Huntington Beach as an overnight tourist destination for the benefit of all hotels and motels in Huntington Beach. This total does not reflect BID revenues from May and June 2004 overnight stays. ® bit . A R*lution No. 2004-66 HUNTINGTON BEACH HOTEUMOTEL BUSINESS IMPROVEMENT DISTRICT (administered by the Huntington Beach Conference and Visitors Bureau) Annual Report/Operating Budget 2003-2004 Fiscal Year to Date The Huntington,Beach Conference and Visitors Bureau continued to escalate its scope of activities and effectiveness as a destination marketing agency during 2003/04. The stage was set for an even larger program of work and increased level of influence as a marketing entity in the future. The following highlights/programs would not have been possible without the establishment of the B.I.D. • A brand new.bimpau website was launched featuring bright, new colorful graphics and a database design for user inquiries. In all, the site exceeded more than 300 pages with state-of-the-art interactive maps and brand new, in-depth information never available about the destination before. Unique viewers now total more than 35,000 per month with top search engine placement for several key words in numerous tourism-related categories. • Hired the Bureau's first public relations agency, Anton Communications, to implement a media relations program. Issued new press release to nearly 1,000 publications and broadcast media on a weekly basis on topics ranging from the Fourth of July Celebration to the Huck Finn Fishing Derby. ® The Spring/Summer advertising campaign aimed at families was,expanded t0 one third-page ads in seven major publications as part of the Orange County Tourism Council's co-op initiative: Arizona Highroads, Arizona Republic, Better Homes & Gardens, Ladies' Home Journal, Sunset, Travel & Leisure and VIA. • Produced the Bureau's first rack"lure" brochure for distribution in nearly 2,000 outlets in drive markets across the western U.S. • Hired the Bureau's first Marketing Director, Bill Ross. He will be responsible for all print collateral development and new website development, including anew Meeting Planners Guide and email newsletters. Continued to develop and enhance.a comprehensive digital library of HB images, including photographs of each hotel/motel in the City. Numerous publications and tourism-related entities continue to utilize the new pictures of HB for increased nationwide visibility. • Opened the City's first Visitor Services Center on the Pier for a test run from July 1 to September 6t'. Operating from a parking fee collection booth decorated like a tiki hut, Visitor Information Specialists were on hand to answer questions and direct guests from noon to 7 on weekdays and from 11 to 7 on weekends. Resolution No. 2004-66 EXHIBIT B CITY OF HUNTINGTON BEACH HOTELS AND MOTELS INCLUDED IN HUNTINGTON BEACH HOTEL INDUSTRY BUSINESS IMPROVEMENT,AREA The BID benefit zone encompasses the entire City of Huntington Beach boundaries. It is anticipated that the entire City including businesses and residents will benefit from increased revenues generated by the activities of the BID. The following businesses will be included in the business improvement area established pursuant to California Streets and Highways Code Section 36500 et. seq.: Hilton Waterfront Beach Resort, Edelweiss Inn 21100 Pacific Coast Highway 7561 Center Ave.,#46 Huntington Beach,CA 92648 Huntington Beach,CA 92647 Business Owner/Operator:John Gilbert Business Owner/Operator:Alfred Skistimas Hyatt Regency Huntington Beach Spa and Resort Extended Stay America 21500 Pacific Coast Highway 5050 Skylab West Circle Huntington Beach,CA 92648 Huntington Beach,CA 92647 Business Owner/Operator:Cormac O'Modhrain Business Owner/Operator:Dev Chauhan Best Western Regency Inn Guest House International Inn 19360 Beach Blvd. 18382 Beach Blvd. Huntington Beach,CA 92648 Huntington Beach,CA 92648 Business Owner/Operator:Tonho International-Diane Business Owner/Operator:Raju Patel Beadling Comfort Suites Huntington Suites 16301 Beach Blvd. 727 Yorktown Ave.. . . _ Huntington Beach,-CA 92648 Huntington Beach,C1 92647 Business.Owner/Operator:Young la Zahedi Business Owner/Operator:Chandu Patel Hotel Huntington Beach Huntington Surf Inn 7667 Center Ave. 720 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach,CA 92648 Business Owner/Operator:Ming Shin Kou Business Owner/Operator:Long Han,Jennifer Phi Howard Johnson Express Inn&Suites Ocean View Motel 17251 Beach Blvd. 16196 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach,CA 92649 Business Owner/Operator:Kiran Patel Business Owner/Operator:Pravin Patel Beach Inn Pacific View Inn&Suites 18112.Beach Blvd. 16220 Pacific Coast Highway Huntington.Beach,CA 92646 Huntington Beach,CA 92649 Business Owner/Operator:A,Lieu Chao Business Owner/Operator:Khushbu,LLC-Jayesh Patel Sun`N Sands Motel Best Western Huntington Beach Inn 1102 Pacific Coast Highway 800 Pacific Coast Highway Huntington Beach,CA 92648 Huntington Beach,CA 92648 Business Owner/Operator:Jitendra P.Barot Business Owner/Operator:Ken Patel Colonial Inn Youth Hostel 777 Motor Inn 421 8`s St. 16240 Pacific Coast Highway Huntington Beach,CA 92648 Huntington Beach,CA 92649 Business Owner/Operator:James Parkinson Business Owner/Operator:Mulan Kuo,Victor Ali Res. No. 2004-66 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 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 16th day of August, 2004 by the following vote: AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen NOES: None ABSENT: Hardy ABSTAIN: None NY Clerk and ex-offci Clerk of the City Council of the City of Huntington Beach, California RCA Report Dated July 19, 2004 nit 2 �y Council/Agency Meeting Held: - -O Deferred/Continued to: �LApproved ❑ Conditionally Approved Cl Denied City erk' igna r Council Meeting Date: 7/19/2004 Department Number: ED 04-9 r� c CITY OF HUNTINGTON BEACH `? REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRETH-G FT�ADMINISTRAT R ' w PREPARED BY: DAVID C. BIGGS, DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT: Approve Huntington Beach Hotel/Motel Business Improvement District 2003-2004 Annual Report, Adopt Resolution of Intention to Levy an Annual Assessment for Fiscal Year 2004-2005 and Schedule Public Hearing for August 16, 2004. (� nc-) d Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of. ssue: On.August 19,. 2002, the City Council approved. Ordinance No. 3569. to establish the Huntington Beach Hotel/Motel Business Improvement District to ,fund activities to promote Huntington Beach as an overnight tourist destination to benefit all of the hotels and motels in the City. The Parking and Business Improvement Law of 1989 requires an Annual Report be filed for each fiscal year, a Resolution of Intention be passed to levy an assessment for the next fiscal year, and a public hearing date be set. Funding Source: Not applicable. Recommended Action: 1. Approve the Huntington Beach Hotel/Motel Business Improvement District Annual Report for FY 2003-2004. 2. Adopt City Council Resolution Nod S�, a Resolution of Intention of the City of Huntington Beach to levy an assessment for the Huntington Beach Hotel/Motel Business Improvement District for FY 2004-2005. 3. Direct the City Clerk to schedule a public hearing to be held on August 16, 2004, and send copies of the Resolution of Intention and assessment formula to each business to be assessed. REQUEST FOR ACTION MEETING DATE: 7/19/2004 DEPARTMENT ID NUMBER:ED 04-17 Alternative Action(s): 1. Return the 2003-2004 Annual Report of the Huntington Beach Hotel/Motel Business Improvement District to the Huntington Beach Conference and Visitors Bureau for additional information. 2. Deny the request to approve the Resolution of Intention. Analysis: The Huntington Beach Conference and Visitors Bureau originally requested the City Council form a Business Improvement District (BID) in 2002 to include all hotels and motels in the City for the purpose of funding activities to promote Huntington Beach as an overnight destination. This is the second annual renewal of the Huntington Beach Hotel/Motel Business Improvement District. The Huntington Beach Hotel/Motel Business Improvement District requires a 1% levy be assessed on all overnight room stays in Huntington Beach. These funds are collected as a separate itemization with monthly Transient Occupancy Taxes paid to the City of Huntington Beach. The Board of Directors for the Huntington Beach Conference and Visitors Bureau also serves as the BID Advisory Board. BID revenues supplement the annual City contract with the Conference and Visitors Bureau. Environmental Status: Not applicable. Attachment(s): City Clletks-- 1. Resolution of Intention to Levy Assessments for Fiscal Year 2-004-2005 Exhibit A - Huntington Beach Hotel/Motel Business Improvement District 2003-2004 Annual Report Exhibit B- List of Huntington Beach Hotels and Motels Exhibit C — Huntington Beach Hotel/Motel Business Improvement District Proposed Operating Budget 2004-2005 G:\Christy\BIDs\Hotel BID\RCA071904rca04.doc -2- 7/7/2004 3:39 PM RESOLUTION NO. 2004-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE CITY'S INTENTION TO LEVY AN.ANNUAL ASSESSMENT FOR FISCAL YEAR 2004-2005 WITHIN THE HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT WHEREAS,the California Legislature, in adopting the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code §36500 et seq.)found that cities are authorized to levy assessments on businesses in order to promote economic revitalization and tourism, create jobs, attract new businesses and prevent erosion of business districts; and The California Legislature found that cities are authorized to levy assessments on businesses which benefit from those improvements and activities; and A sizeable majority of the hotel and motel businesses within the City of Huntington Beach requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish a hotel and motel business benefit area within the City of Huntington Beach and to levy a special assessment to promote tourism and tourist related events; and The City Council formed a business improvement area, known as the Huntington Beach Hotel/Motel Business Improvement District(the "District"), by the passage of Ordinance No. 3569 on August 19, 2002. The time has come to continue the existence of the District for fiscal year 2004-05 by levying assessments on those businesses that benefit from the activities; and The District's Advisory Board has prepared and filed with the City Clerk an "Annual Report/Operating Budget 2003-2004 Fiscal Year to Date" and"Proposed Budget for Fiscal Year 2004-2005" (collectively, "Annual Report"); and NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. The City Council hereby approves the Annual Report filed by the Advisory Board in the City Clerk's office attached hereto as Exhibit A and incorporated herein by this reference,which includes a proposed budget for Fiscal Year 2004-2005 and a description of the improvements and activities to be provided for Fiscal Year 2004-2005. SECTION 2. To levy and collect assessments within the District area for Fiscal Year 2004-2005 in the amount of 1%on hotel and motel overnight room stays in hotels and motels listed in Exhibit B attached hereto and incorporated herein by this reference. 04reso/hotel business improve/7/28/03 I • Reso]loon No. 2004-57 SECTION 3: The type or types of improvements and activities proposed to be funded by the levy of assessments on businesses within the business improvement area are specified in Exhibit"C," attached hereto and incorporated herein by this reference. _Further, the improvements, if any, to be acquired for the proposed business improvement area are.specified in Exhibit"C." SECTION 4. A public hearing shall be held before the City Council on August 16, 2004, at 7:00 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers of the City Hall, 2000 Main Street, Huntington Beach, California, at which time the Council will hear all interested persons for or against levying of the _ assessment, and the furnishing of specified types of improvements or activities. Protests may be made orally or in writing; but, if written, shall be filed with the City Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify business ownership and validate the particular protest. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. The City Council may waive any irregularity in the form or content of any written protest, and at the public hearing, may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing set forth above. If written protests are received by the owners of businesses within the District, which will pay 50%or more of the total assessments to be levied, no further proceedings to levy the proposed assessment shall be taken for a period of one year from the date of the fmding.of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activity within the District, those types of improvements or actB ities shall be eliminated. SECTION 5. The City Clerk is hereby directed to proNide notice of the public hearing by causing the this resolution of intention to be published once in a newspaper of general circulation at least seven days before the public hearing. SECTION 6. Further information regarding the proposed business improvement district may be obtained at the Huntington Beach City Hall, 2000 Main Street, Huntington Beach, California 92648; telephone (714) 536-5542; or from the Huntington Beach Conference and Visitors' Bureau, 301 Main Street, Suite 208, Huntington Beach, CA 92648, (714) 969-3492. SECTION 7. The City Clerk shall mail a complete copy of this resolution of intention by first-class mail to each business owner in this area within seven days after the Council's adoption of this resolution. SECTION 8. This resolution shall take effect immediately upon adoption. 04reso/hotel business improve/7/28/03 2 ® Resolutio-so. 2004-57 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. Mare APPROVED AS TO FORM: Cit Jerk 1.114;-Attorneyt REVIEWED AND APPROVED: INITIATED AND APPROVED: y 7��, ca-&,a-NQ� &d C he ity Ad inistrator Director of Economic Development 04reso/hotel business improve/7/28/03 3 Power Paint Presentation AT,TA C�H�M e untingt on Ileac Hotel/Motel . Im rovement District Business BID Annual Renewal for FY 2004-2005 August 116, 2004 , H .......... _ uc 4E a � r�3 _c 0n Formed 2002 • • H.B. Conference & Visitors Bureau requested BID be formed to promote Huntington Beach as an overnight destination • This is second annual BID renewal 14 4 Background July 19, 2004 City Council Approved Resolution No. 2004-57 Intention to Levy Assessment for Huntington Beach Hotel/Motel BID for 2004-2005 and Scheduled Public Hearing r, , 61 1 Huntington Beach Motels/Motels • Hyatt Regency H.B. Spa & Resort • Extended Stay America • • Best Western Regency Inn • Hilton Waterfront Beach Resort • Comfort Suites • Guest House International Inn • Hotel Huntington Beach • Huntington Suites • Howard Johnson Express Inn & Suites • Huntington Surf Inn • Beach Inn • Ocean View Motel • Sun "N Sands Motel • Pacific View Inn & Suites • Colonial Inn Youth Hostel • Best Western Huntington Beach • Edelweiss Inn Inn • 777 Motor Inn f 0 nt rStatus Ll � • Copies of Resolution and assessment formula were sent to each business to be assessed • Assessment is 1 % levy on overnight room stays in Huntington Beach • Proposed Budget Approved by BID/CVB Board of Directors July 2004 • Proposed FY 2004 Budget of $ 87,000 attachment to Request for Council Action • BID revenues supplement annual City Contract with the Conference and Visitors Bureau m s Process • State BID law requires City Council to conduct a protest hearing to consider all protests against the establishment of the BID. • If written protests are received from affected business owners of 50% or more of assessments, no further proceedings to consider the Business Improvement District can be considered for one year. • At the conclusion of the protest/public hearing, the City Council may reduce or modify the proposed assessment or types of activities to be funded with assessment revenues. • The City Council has the option of not renewing the Business Improvement District. a • n R mm e deal Action City Council Actions needed: • Hold Public Hearing • Pass Resolution to Approve Annual Assessment for FY 2004-2005 i 1, Ys. t k.. ® a ® a 0 0 0 a tcA ROUTING SH ET INITIATING DEPARTMENT: Economic Development SUBJECT: Conduct Public Hearing and Adopt Resolution for Huntington Beach Hotel/Motel Business Improvement District for Fiscal Year 2004-2005 COUNCIL MEETING DATE: August 16, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Ap licable 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 Findings/Conditions for Approval and/or Denial Attached ElFindin 9 pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED . , FORVW E® '. 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 & Council/Agency Meeting Held: Deferred/Continued to: )&Approved L3 Conditionally Approved LJ Denied brt.7� City erk' igna Council Meeting Date: 7/19/2004 Department ED 04-1-7 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL MEMBER SUBMITTED BY: PENELOPE CULBRETH-G A�FTCl YADMINISTRAT R PREPARED BY: DAVID C. BIGGS, DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT: Approve Huntington Beach Hotel/Motel Business Improvement District 2003-2004 Annual Report, Adopt Resolution of Intention to Levy an Annual Assessment for Fiscal Year 2004-2005 and Schedule Public Hearing for August 16, 2004. (s) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On August 19, 2002, the City Council approved Ordinance No. 3569 to establish the Huntington Beach Hotel/Motel Business Improvement District to fund activities to promote Huntington Beach as an overnight tourist destination to benefit all of the hotels and motels in the City. The Parking and Business'Improvement Law of 1989 requires an Annual Report be filed for each fiscal year, a Resolution of Intention be passed to levy an assessment for the next fiscal year, and a public hearing date be set. Funding Source: Not applicable. Recommended Action: 1. Approve the Huntington Beach Hotel/Motel Business Improvement District Annual Report for FY 2003-2004. 2. Adopt City Council Resolution No:)�, a Resolution of Intention of the City of Huntington Beach to levy an assessment for the Huntington Beach Hotel/Motel Business Improvement District for FY 2004-2005. 3. Direct the City Clerk to schedule a public hearing to be held on August 16, 2004, and send copies of the Resolution of Intention and assessment formula to each business to be assessed. 0 REQUEST FOR ACTION • MEETING DATE: 7/19/2004 DEPARTMENT ID NUMBERED 04-17 Alternative Action(s): 1. Return the 2003-2004 Annual Report of the Huntington Beach Hotel/Motel Business Improvement District to the Huntington Beach Conference and Visitors Bureau for additional information. 2. Deny the request to approve the Resolution of Intention. Analysis: The Huntington Beach Conference and Visitors Bureau originally requested the City Council form a Business Improvement District (BID) in 2002 to include all hotels and motels in the City for the purpose of funding activities to promote Huntington Beach as an overnight destination. This is the second annual renewal of the Huntington Beach Hotel/Motel Business Improvement District. The Huntington Beach Hotel/Motel Business Improvement District requires a 1% levy be assessed on all overnight room stays in Huntington Beach. These funds are collected as a separate itemization with monthly Transient Occupancy Taxes paid to the City of Huntington Beach. The Board of Directors for the Huntington Beach Conference and Visitors Bureau also serves as the BID Advisory Board. BID revenues supplement the annual City contract with the Conference and Visitors Bureau. Environmental Status: Not applicable. Attachment(s): City Clerk's Page NumberNo. Description 1. Resolution of Intention to Levy Assessments for Fiscal Year 2004-2005 Exhibit A - Huntington Beach Hotel/Motel Business Improvement District 2003-2004 Annual Report Exhibit B — List of Huntington Beach Hotels and Motels Exhibit C — Huntington Beach Hotel/Motel Business Improvement District Proposed Operating Budget 2004-2005 GAChristy01Ds\Hote1 BID\RCA071904rca04.doc -2- 7/7/2004 3:39 PM Resolution of Intention to Levy Assessments for Fiscal Year 2004-2005 Attac h e RESOLUTION NO. 2004-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE CITY'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2004-2005 WITHIN THE HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT` WHEREAS, the California Legislature, in adopting the Parking and Business Improvement Area Law of 1989 (Streets and Highivays Code §36500 et seq.) found that cities are authorized to levy assessments on businesses in order to promote economic revitalization and tourism, create jobs, attract new businesses and prevent erosion of business districts; and The California Legislature found that cities are authorized to levy assessments on businesses which benefit from those improvements and activities; and A sizeable majority of the hotel and motel businesses within the City of Huntington Beach requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish a hotel and motel business benefit area within the City of Huntington Beach and to levy a special assessment to promote tourism and tourist related events; and The City Council formed a business improvement area, known as the Huntington Beach Hotel/Motel Business Improvement District(the "District"), by the passage of Ordinance No. 3569 on August 19, 2002. The time has come to continue the existence of the District for fiscal year 2004-05 by levying assessments on those businesses that benefit from the activities; and The District's Advisory Board has prepared and filed with the City Clerk an "Annual Report/Operating Budget 2003-2004 Fiscal Year to Date" and"Proposed Budget for Fiscal Year 2004-2005" (collectively, "Annual Report"); and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of.Huntington Beach does hereby resolve as follows: SECTION 1. The City Council hereby approves the Annual Report filed by the Advisory Board in the City Clerk's office attached hereto as Exhibit A and incorporated herein by this reference, which includes a proposed budget for Fiscal Year 2004-2005 and a description of the improvements and activities to be provided for Fiscal Year 2004-2005. SECTION 2. To levy and collect assessments within the District area for Fiscal Year 2004-2005 in the amount of 1% on hotel and motel overnight room stays in hotels and motels listed in Exhibit B attached hereto and incorporated herein by this reference. 04reso/hotcl business improve/7/28/03 I . Resol0Pn No. 2004-57 SECTION 3: The type or types of improvements and activities proposed to be funded by the levy of assessments on businesses within the business improvement area are specified in Exhibit"C," attached hereto and incorporated herein by this reference. Further,the improvements,.if any,to be acquired for the proposed business improvement area are specified in Exhibit"C.' SECTION 4. A public hearing shall be held before the City Council on August 16, 2004, at 7:00 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers of the City Hall, 2000 Main Street,Huntington Beach, California, at which time the Council will hear all interested persons for or against levying of the _ assessment, and the furnishing of specified types of improvements or activities. Protests may be made orally or in writing; but. if written, shall be filed with the City Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify business ownership and validate the particular protest. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. The City Council may waive any irregularity in the form or content of any written protest, and at the public hearing, may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing set forth above. If written protests are received by the owners of businesses within the District, which will pay 50% or more of the total assessments to be levied, no further proceedings to levy the proposed assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City.Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activity within the District,those types of improvements or activities shall be eliminated. SECTION 5. The City Clerk is hereby directed to provide notice of the public hearing by causing the this resolution of intention to be published once in a newspaper of general circulation at least seven days before the public hearing. SECTION 6. Further information regarding the proposed business improvement district may be obtained at the Huntington Beach City Hall, 2000 Main Street, Huntington Beach, California 92648;telephone (714) 536-5542; or from the Huntington Beach Conference and Visitors'Bureau,301 Main Street, Suite 208, Huntington Beach, CA 92648,(714) 969-3492. SECTION 7. The City Clerk shall mail a complete copy of this resolution of intention by first-class mail to each business owner in this area within seven days after the Council's adoption of this resolution. SECTION 8. This resolution shall take effect immediately upon adoption. 04reso/hotel business improve/7/28/03 2 • Resolutio o. 2004-57 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. Iola APPROVED AS TO FORM: Mel PQI�� Cit lerk �oCiyAttorney AI WOI REVIEWED AND APPROVED: INITIATED AND APPROVED: ity Adrhinistrator Director of Economic Development 04reso/hotel business improve/7/28/03 3 Resolution No. 2004-57 EXHIBIT A HUNTINGTON BEACH HOTEL/MOTEL. BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT Proposed Budget Fiscal Year 2004-2005 The HBH/MBID will actively fund marketing activities to promote Huntington Beach as an overnight tourist destination to benefit all of the hotels and motels in Huntington Beach. The BID fiscal year will be from October Ist to September 30th. EXPENDITURES Marketing Activities Promoting Huntington Beach as an overnight tourist destination, including: • Advertising • Website Development • Visitor Research • Brochures and Collateral Material • Trade Shows Booth Representation • Photo Library • Publicity Efforts • Other related activities Anticipated Expenditures: $487,000 REVENUE 1% levy on Hotel and Motel overnight room stay in Hotels and Motels listed in Exhibit B Anticipated Revenue: $487,000 Fiscal Year 2003-2004 to date As of June 30, 2004, after nine months of operation, the Huntington Beach Hotel/Motel Business Improvement District collected$226,000, all of which has been invested on activities to promote Huntington Beach as an overnight tourist destination for the benefit of all hotels and motels in Huntington Beach. This total does not reflect BID revenues from May and June 2004 overnight stays. Exhibit A iAbution No. 2004-57 HUNTINGTON BEACH HOTEUMOTEL BUSINESS IMPROVEMENT DISTRICT (administered by the Huntington Beach Conference and Visitors Bureau) Annual Report/Operating Budget 2003-2004 Fiscal Year to Date The Huntington Beach Conference and Visitors Bureau continued to escalate its scope of activities and effectiveness as a destination marketing agency during 2003/04. The stage was set for an even larger program of work and increased level of influence as a marketing entity in the future. The following highlights/programs would not have been possible without the establishment of the B.I.D. • A brand new.biirPau-website was launched featuring bright, new colorful graphics and a database design for user inquiries. In all, the site exceeded more than 300 pages with state-of-the-art interactive maps and brand new, in-depth information never available about the destination before. Unique viewers now total more than 35,000 per month with top search engine placement for several key words in numerous tourism-related categories. • Hired the Bureau's first public relations agency, Anton Communications, to implement a media relations program. Issued new press release to nearly 1,000 publications and broadcast media on a weekly basis on topics ranging from the Fourth of July Celebration to the Huck Finn Fishing Derby. • The Spring/Summer advertising campaign aimed at families was expanded to one third-page ads in seven major publications as part of the Orange County Tourism Council's co-op initiative: Arizona Highroads, Arizona Republic, Better Homes & Gardens, Ladies' Home Journal, Sunset, Travel & Leisure and VIA. • Produced the Bureau's first rack "lure" brochure for distribution in nearly 2,000 outlets in drive markets across the western U.S. • Hired the Bureau's first Marketing Director, Bill Ross. He will be responsible for all print collateral development and new website development, including a new Meeting Planners Guide and email newsletters. • Continued to develop and enhance a comprehensive digital library of HB images, including photographs of each hotel/motel in the City. Numerous publications and tourism-related entities continue to utilize the new pictures of HB for increased nationwide visibility. • Opened the City's first Visitor Services Center on the Pier for a test run from July 1 to September 6t'. Operating from a parking fee collection booth decorated like a tiki hut, Visitor Information Specialists were on hand to answer questions and direct guests from noon to 7 on weekdays and from 11 to 7 on weekends. Resolution No. 2004-57 EXHIBIT B 0 CITY OF HUNTINGTON BEACH HOTELS AND MOTELS INCLUDED IN HUNTINGTON BEACH HOTEL INDUSTRY BUSINESS IMPROVEMENT AREA The BID benefit zone encompasses the entire City of Huntington Beach boundaries. It is anticipated that the entire City including businesses and residents will benefit from increased revenues generated by the activities of the BID. The following businesses will be included in the business improvement area established pursuant to California Streets and Highways Code Section 36500 et. seq.: Hilton Waterfront Beach Resort Edelweiss Inn 21100 Pacific Coast Highway 7561 Center Ave.,#46 Huntington Beach, CA 92648 Huntington Beach, CA 92647 Business Owner/Operator: John Gilbert Business Owner/Operator:Alfred Skistimas Hyatt Regency Huntington Beach Spa and Resort Extended Stay America 21500 Pacific Coast Highway 5050 Skylab West Circle Huntington Beach,CA 92648 Huntington Beach,CA 92647 Business Owner/Operator: Cormac O'Modhrain Business Owner/Operator:Dev Chauhan Best Western Regency Inn Guest House International Inn 19360 Beach Blvd. 19392 Beach Blvd. Huntington Beach,CA 92648 Huntington Beach, CA 92648 Business Owner/Operator:Tonho International-Diane Business Owner/Operator:Raju Patel Beadling Comfort Suites Huntington Suites 16301 Beach Blvd. 727 Yorktown Ave. Huntington Beach,CA 92647 Huntington Beach,CA 92648 Business Owner/Operator: Chandu Patel Business Owner/Operator:Young Ja Zahedi Hotel Huntington Beach Huntington Surf Inn 7667 Center Ave. 720 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach,CA 92648 Business Owner/Operator:Ming Shin Kou Business Owner/Operator: Long Han,Jennifer Phi Howard Johnson Express Inn&Suites Ocean View Motel 17251 Beach Blvd. 16196 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach,CA 92649 Business Owner/Operator:Kiran Patel Business Owner/Operator: Pravin Patel Beach Inn Pacific View Inn& Suites 18112 Beach Blvd. 16220 Pacific Coast Highway Huntington Beach,CA 92646 Huntington Beach,CA 92649 Business Owner/Operator:A. Lien Chao Business Owner/Operator:Khushbu,LLC-Jayesh Patel Sun`N Sands Motel Best Western Huntington Beach Inn 1102 Pacific Coast Highway 800 Pacific Coast Highway Huntington Beach,CA 92648 Huntington Beach,CA 92648 Business Owner/Operator:Jitendra P.Barot Business Owner/Operator:Ken Patel Colonial Inn Youth Hostel 777 Motor Inn 421 8'h St. 16240 Pacific Coast Highway Huntington Beach,CA 92648 Huntington Beach,CA 92649 Business Owner/Operator: James Parkinson Business Owner/Operator:Mulan Kuo,Victor Ali • A No. 2004-57 HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT (administered by the Huntington Beach Conference and Visitors Bureau) Proposed Operating Budget 2004-2005 Category Proposed Advertising $293,000.00 Exhibit/ Seminar/ Registration Fees 4,000.00 Fixtures / Furniture / Computer 0.00 Health Insurance 0.00 Liability Insurance 1,000.00 Payroll Taxes 12,000.00 Pension 2,500.00 Postage/Fulfillment 47,000.00 Salaries 123,000.00 Subscriptions / Dues 1,500.00 Travel Expenses 3,000.00 TOTAL $487,000.00 Res. No. 2004-57 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 Cit Jerk and ex-officio aerk of the City Council of the City of Huntington Beach, California CA ROUTING SH ET INITIATING DEPARTMENT: ECONOMIC DEVELOPMENT SUBJECT: Huntington Beach Hotel/Motel Business Improvement District Annual Renewal COUNCIL MEETING DATE: July 19, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Ap licable ❑ 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 ❑ ( Inp Y Y Y) Not Ap licable Attached ❑ t Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Staff Report If applicable) Attached ❑ p � pp ) Not Applicable Commission, Board or Committee Re ort If applicable Attached El p ( pp ) Not Applicable s/Conditions for Approval and/or Denial Attached ElFindin 9 pp Not Apelicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR ED Administrative Staff ) ( Vw ) 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 Smooth Feed SheetsTm Use template for 51600 6-4-t 1 /M o4ed 8 j DI e- ; C,C-- Hilton Waterfront Beach Resort Hyatt Regency Huntington Beach Spa and Resort Best Western Regency Inn 21100 Pacific Coast Highway 19360 Beach Blvd. Huntington Beach, CA 92648 21500 Pacific Coast Highway Huntington Beach, CA 92648 Huntington Beach, CA 92648 Attention: John Gilbert Attention: Cormac O'Modhrain Attention: Tonho Intl.-Diane Beadling Comfort Suites Hotel Huntington Beach Howard Johnson Express Inn &Suites 16301 Beach Blvd. 7667 Center Ave. 17251 Beach Blvd. Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 Attention: Chandu Patel Attention: Ming Shin Kou Attention: Kiran Patel Beach Inn Sun `N Sands Motel Colonial Inn Youth Hostel 18112 Beach Blvd. 1102 Pacific Coast Highway 421 8th St. Huntington Beach, CA 92646 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Attention: A. Lien Chao Attention: Jitendra P. Barot Attention: James Parkinson Edelweiss Inn Extended Stay America Guest House International Inn 7561 Center Ave., #46 5050 Skylab West Circle 18382 Beach Blvd. Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92648 Attention: Alfred Skistimas Attention: Dev Chauhan Attention: Raju Patel Huntington Suites Huntington Surf Inn Ocean View Motel 727 Yorktown Ave. 720 Pacific Coast Highway 16196 Pacific Coast Highway Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92649 Attention: Young ja Zahedi Attention: Long Han &Jennifer Phi Attention: Pravin Patel Pacific View Inn & Suites Best Western Huntington Beach Inn 777 Motor Inn 16220 Pacific Coast Highway 800 Pacific Coast Highway 16240 Pacific Coast Highway Huntington Beach, CA 92649 Huntington Beach, CA 92648 Huntington Beach, CA 92649 Attn: Khushbu,LLC-Jayesh Patel Attention: Ken Patel Attention: Mulan Kuo and Victor Ali n� AVERYOD Address labels Laser 596OTM i Council/Agency Meeting Held: 673 Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied City Clerk's Signatur Council Meeting Date: September 2, 2003 Department ID Number: ED 03-23 / CITY OF HUNTINGTON BEACH W X REQUEST FOR COUNCIL ACTION C) -= SUBMITTED TO: HONORABLE MAYOR AND CITY C UNCILVEMBERS A. Z " -. SUBMITTED BY: RAY SILVER, City Administrator C-, (? PREPARED BY: DAVID C. BIGGS, Director of Economic Development SUBJECT: Conduct Public Hearing and Adopt Resolution for Huntington Beach Hotel/Motel Business Improvement District Annual Assessment for Fiscal Year 2003-2004 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: At the City Council meeting of August 18, 2003, the City Council approved Resolution No. 2003-60. This action declared the City's intention to levy an assessment for the Huntington Beach Hotel/Motel Business Improvement District for 2003- 2004 and authorized the City Clerk to schedule a public hearing to be held on September 2, 2003. Copies of the Resolution, Boundary Map and assessment formula were sent to each business to be assessed. In follow-up to this action, the City Council must now hold a public hearing and pass a resolution approving an annual assessment for the 2003-2004 fiscal year. Funding Source: Not applicable. Recommended Action: Motion to: 1. Conduct Public Hearing. 2. Adopt City Council Resolution No. 2003- 6� , A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment for Fiscal Year 2003- 04 to Fund Improvements Within the Huntington Beach Hotel/Motel Business Improvement District. Alternative Action(s): Deny the request to approve the Resolution /3 REQUEST FOR COUNCIL ACTION MEETING DATE: September 2, 2003 DEPARTMENT ID NUMBER: ED 03-23 Analysis: At the request of the Huntington Beach Conference and Visitors Bureau, the City Council formed a Business Improvement District (BID) for Fiscal Year 2002-2003 including all hotels and motels in Huntington Beach for the purpose of funding activities to promote Huntington Beach as an overnight destination. This is the first annual renewal of the Huntington Beach Hotel/Motel Business Improvement District. The Huntington Beach Hotel/Motel Business Improvement District requires a 1% levy be assessed on overnight room stays in Huntington Beach. These funds are collected as a separate itemization with monthly Transient Occupancy Taxes paid to the City of Huntington Beach. The Board of Directors of the Huntington Beach Conference and Visitors Bureau also serve as the BID Advisory Board. BID revenues supplement the annual City contract with the Conference and Visitors Bureau. Environmental Status: Not applicable. Attachment(s): City Clerk's . . - Number No. Description 1. Resolution No. 2003- �� Approving an Annual Assessment for Fiscal Year 2003-2004 to Fund Improvements Within the Huntington Beach Hotel/Motel Business Improvement District 2. Request for Council Action report dated August 18, 2003. 3. Power Point Presentation RCA Author: Christy Teague X5088 G:\Christy\BIDs\Hotel BID\RCA090203.doe -2- 8/20/2003 3:05 PM r � • Resolution • RESOLUTION NO. 2eo 3 " �J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2003-04 TO FUND IMPROVEMENTS WITHIN THE HUNTINGTON BEACH HOTELIMOTEL BUSINESS IMPROVEMENT DISTRICT WHEREAS,the Parking and Business Improvement Area Law of 1989, codified at Streets and Highways Code § 36500 et seq. (the "Act") authorizes cities to establish parking and business improvement areas for the purpose of imposing benefit assessments on businesses for certain purposes; and The City Council has formed a business improvement area, Huntington Beach Improvement District(the "District"),by the passage of Ordinance 3569 on August 19, 2002. The time has come to continue the existence of the District for fiscal year 2003- 04 by levying assessments on those businesses that benefit from the improvements, NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve, determine and find as follows: SECTION 1. The City Council of the City of Huntington Beach hereby authorizes a levy and collection of assessments within the District for fiscal year 2003 04. The.levy is to apply to all hotel and motel businesses in Huntington Beach as shown in Exhibit A a 1%levy on overnight room stays. SECTION 2. The assessments collected will be used to fund activities to increase overnight business stays and tourist visits to their businesses as set forth in Exhibit B. SECTION 3. Exhibit B provides the budget and items which describe the activities of the District and the amount to be assessed to those businesses within the District. This information will be on file with the City Clerk. 03reso/auto 02-03/7/28/03 1 0 ! SECTION 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of September, 2003. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Atto REVIEWED AND PR V D: INITIATED AND APPROVED: 17 690/WAI City Administrator / (ZS Director of Economic Development 03reso/auto 02-03/728/03 2 0 0 EXHIBIT A CITY OF HUNTINGTON BEACH HOTELS AND MOTELS INCLUDED IN HUNTINGTON BEACH HOTEL INDUSTRY BUSINESS IMPROVEMENT AREA The BID benefit zone encompasses the entire City of Huntington Beach boundaries. It is anticipated that the entire City including businesses and residents will benefit from increased revenues. generated by the activities of the BID. The following businesses will be included in the business improvement area established pursuant to California Streets and Highways Code Section 36500 et. seq.: Hilton Waterfront Beach Resort Edelweiss Inn 21100 Pacific Coast Highway 7561 Center Ave.,#46 Huntington Beach,CA 92648 Huntington Beach,CA 92647 Business Owner/Operator:John Gilbert Business Owner/Operator:Alfred Skistimas Hyatt Regency Huntington Beach Spa and Resort Extended Stay America 21500 Pacific Coast Highway 5050 Skylab West Circle Huntington Beach,CA 92648 Huntington Beach,CA 92647 Business Owner/Operator:Cormac O'Modhrain Business Owner/Operator:Dev Chauhan Best Western Regency Inn Guest House International Inn 19360 Beach Blvd. 18382 Beach Blvd. Huntington Beach,CA 92648 Huntington Beach,CA 92648 Business Owner/Operator:Tonho International-Diane Business Owner/Operator:Raju Patel Beadling Comfort Suites Huntington Suites 16301 Beach Blvd. 727 Yorktown Ave. Huntington Beach,CA 92647 Huntington Beach,CA 92648 . Business Owner/Operator:Chandu Patel Business Owner/Operator:Young Ja Zahedi Hotel Huntington Beach Huntington Surf Inn 7667 Center Ave. 720 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach,CA 92648 Business Owner/Operator:Ming Shin Kou Business Owner/Operator:Long Han,Jennifer Phi Howard Johnson Express Inn&Suites Ocean View Motel 17251 Beach Blvd. 16196 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach,CA 92649 Business Owner/Operator:Kiran Patel Business Owner/Operator:Pravin Patel Beach Inn Pacific View Inn&Suites 18112 Beach Blvd. 16220 Pacific Coast Highway Huntington Beach,CA 92646 Huntington Beach,CA 92649 Business Owner/Operator:A.Lien Chao Business Owner/Operator:Khushbu,LLC-Jayesh Patel Sun`N Sands Motel Best Western 1102 Pacific Coast Highway 800 Pacific Coast Highway Huntington Beach,CA 92648 Huntington Beach,CA 92648 Business Owner/Operator:Jitendra P.Barot Business Owner/Operator:Ken Patel Beach Comfort Motel 777 Motor Inn . 118 Eleventh St. 16240 Pacific Coast Highway Huntington Beach,CA 92648 Huntington Beach,CA 92649 Business Owner/Operator: Okiennica Jadwiga . Business Owner/Operator:Mulan Kuo,Victor Ali Colonial Inn Youth Hostel 421 8"St. Huntington Beach,CA 92648 Business Owner/Operator:James Parkinson EXHIBIT B HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT Proposed Budget Fiscal Year 2003-2004 The BID assessment will be used to establish the Huntington Beach Hotel/Motel Business Improvement District("HBH/MBID"). The HBH/MBID will actively fund marketing activities to promote Huntington Beach as an overnight tourist destination to benefit all of the hotels and motels in Huntington Beach. The BID fiscal year will be from October lst to September 30a'. EXPENDITURES Marketing Activities Promoting Huntington Beach as an overnight tourist destination, including: • Advertising • Website Development • Visitor Research • Brochures and Collateral Material • Trade Shows Booth Representation • Photo Library • Publicity Efforts • Other related activities Anticipated Expenditures: $320,000 REVENUE 1% levy on Hotel and Motel overnight room stay in Hotels and Motels listed in Exhibit A Anticipated Revenue: $320,000 Fiscal Year 2002-2003 to date As of June 30, 2003, after nine months of operation,the Huntington Beach Hotel/Motel Business Improvement District collected$147,417.61, of which$3,271.38 was not yet spent on activities to promote Huntington Beach as an overnight tourist destination for the benefit of all hotels and motels in Huntington Beach. Res. No. 2003-66 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 2"d day of September, 2003 by the following vote: AYES: Sullivan, Coerper, Boardman, Cook Houchen, Hardy NOES: None ABSENT: Green ABSTAIN: None City Clerk and ex-officitfClerk of the City.Council of the City of ..Huntington Beach, California Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied V Cit erk's Signature FCouncil Meeting Date: August 18, 2003- Department ID Number: ED 0420 CITY OF HUNTINGTON BEACH , REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratorQ,,ZP _= PREPARED BY: DAVID C. BIGGS, Director of Economic Development SUBJECT: Approve Huntington Beach Hotel/Motel Business Improvement District 2002-2003 Fiscal Year Annual Report, Approve Resolution of Intention to Levy an Annual Assessment for Fiscal Year 2003-2004, and Schedule Public Hearing for September 2, 2003. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On August 19, 2002, the City Council approved Ordinance No. 3569 to establish the Huntington Beach Hotel/Motel Business Improvement District to fund activities to promote Huntington Beach as an overnight tourist destination to benefit all of the hotels and motels in the City. The Parking and Business Improvement Law of 1989 requires an Annual Report be filed for each fiscal year, a Resolution of Intention be passed to levy an assessment for the next fiscal year, and a public hearing date be set. Funding Source: Not applicable. Recommended Action: 1. Approve the Huntington Beach Hotel/Motel Business Improvement District Annual Report for FY 2002-2003. 2. Adopt City Council Resolution No.�c703—(oO, a Resolution of Intention of the City of Huntington Beach to levy an assessment for the Huntington Beach Hotel/Motel Business Improvement District for FY 2003-2004. 3. Direct the City Clerk to schedule a public hearing to be held on September 2, 2003, and send copies of the Resolution of Intention and assessment formula to each business to be assessed. REQUEST FOR COUNCIL ACTION MEETING DATE: August 18, 2003 DEPARTMENT ID NUMBER: ED 03-20 Alternative Action(s): 1. Return the 2002-2003 Annual Report of the Huntington Beach Hotel/Motel Business Improvement District to the Huntington Beach Conference and Visitors Bureau for additional information. 2. Deny the request to approve the Resolution of Intention. Analysis: The Huntington Beach Conference and Visitors Bureau requested the City Council form a Business Improvement District (BID) for all hotels and motels in Huntington Beach for the purpose of funding activities to promote Huntington Beach as an overnight destination, This is the first annual renewal of the Huntington Beach Hotel/Motel Business Improvement District. The Huntington Beach Hotel/Motel Business Improvement District requires a 1% levy be assessed on overnight room stays in Huntington Beach. These funds are collected as a separate itemization with monthly Transient Occupancy Taxes paid to the City of Huntington Beach. The Board of Directors for the Huntington Beach Conference and Visitors Bureau also serve as the BID Advisory Board. BID revenues supplement the annual City contract with the Conference and Visitors Bureau. Environmental Status: Not applicable. Attachrnent(slf: Gity Clerk's Page Nu-mber Mo. Destription 1. Huntington Beach Hotel/Motel Business Improvement District 2002- 2003 Annual Report 2. Resolution of Intention to Levy Assessments for Fiscal Year 2003-2004 Exhibit A— Huntington Beach Hotels and Motels 0-a-s.NO,)L00 Lo0 Exhibit B — Huntington Beach Hotel/Motel Business Improvement District Bud et Pro .sal for Fiscal Year 2003-2004 RCA Author: Christy Teague X5088 G:\Christy\BIDs\Hotel BID\RCA081803.doc -2- 8/4/2003 5:18 PM HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT 2002-2003 ANNUAL REPORT N 'T #'l ATTA .w HUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU B.I.D. HIGHLIGHTS/ACCOMPLISHMENTS FISCAL YEAR 2002-2003 It was a banner fiscal year for the Huntington Beach Conference and Visitors Bureau in 2002/03. The stage was set for a much larger program of work and increased level of effectiveness as a marketing entity in the future. The following efforts/programs would not have been possible without the establishment of the new B.I.D. • Hired the Bureau's first Communications Manager, Debbie Stock. Debbie brings a strong background in tourism photography and internet development to the organization with a concentration on Huntington Beach. • Developed a comprehensive digital library of HB images, including photographs of each hotel/motel in the City. Numerous publications and tourism-related entities have utilized the new pictures of HB for increased nationwide visibility. • The bureau website was expanded and upgraded with additional, in-depth information and fantastic new graphics. The work has only just begun, however. The Bureau issued an RFP to overhaul its entire website before yearend. After reviewing proposals from 12 firms, FreeRun Technologies was selected. • The bureau launched its first significant advertising campaign aimed at families in four issues of Sunset magazine. It also participated in co-op magazine and newspaper placements with the Orange County Tourism Council in the Arizona Daily Star, Arizona Highroads, Better Homes & Gardens, Budget Travel, Ladies Home Journal, San Francisco Chronicle, Travel & Leisure Magazine and VIA. • The bureau launched the first summer promotional campaign for Huntington Beach entitled "Cool Escape Getaway." Ads appeared for five weeks during .tune through July in these newspapers: Arizona Daily Star and Tucson Citizen; Las Vegas Review Journal & Las Vegas Sun; San Bernardino Sun; Inland Valley Daily Bulletin; Redlands Daily Facts; and Desert Sun (Palm Springs). • The Bureau issued an RFP for public relations services and seven firms responded. At this time, a firm has not been selected for the job. RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR 2003-2004 RESOLUTION NO. a OO 3--(0 O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH INDICATING THE CITY'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2003-2004 TO FUND IMPROVEMENTS WITHIN THE HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IIMPROVEMENT DISTRICT THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Huntington Beach hereby finds and declares as follows: 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 area proposed by this resolution of intention is to fund activities to promote tourism and related tourist events which benefit the hotel and motel businesses within the City of Huntington Beach; and WHEREAS, a sizeable majority of the hotel and motel businesses within the City of Huntington Beach requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish a hotel and motel business benefit area within the City of Huntington Beach and to levy a special assessment to promote tourism and tourist related events; and WHEREAS,the City Council has formed a business improvement area, known as the Huntington Beach Hotel/Motel Business Improvement District(the"District"), by the passage of Ordinance No. 3569 on August 19, 2002. The time has come to continue the existence of the District for fiscal year 2003-04 by levying assessments on those businesses that benefit from the activities; and WHEREAS,this resolution of intention will commence proceedings under the Parking and Business Improvement Area Law of 1989. SECTION 2. The City Council of the City of Huntington Beach hereby intends to do the following: (a) A business improvement area is proposed to be established pursuant to Streets and Highways Code §36500 et seq. with the boundaries of the territory to be included in the area as set forth in Exhibit"A,"attached hereto and incorporated herein by this 03reso/hotel business improve/7/28/03 1 reference. Further, a business improvement area is proposed to be established with the boundaries of the benefit zone within the area as set forth in Exhibit"A." (b) 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." (c) 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. (d) 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`B." (e) New hotel and motel businesses 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`B." (See, generally Streets and Highways Code §36531.) (f) The time and place for the public hearing on the levy of the assessment shall be 7;00 p.m., or as soon thereafter as.the matter can be heard, on September 2,at the Huntington Beach City Hall, City Council Chambers, 2000,Main Street, Huntington . Beach, California. (g) 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. (h) 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. (i) 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 03reso/hotel business improve/7/28/03 2 protest which does not comply with this subparagraph shall not be counted in determining a majority protest. (j) 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 by the City Council. SECTION 3. The City Council of the City of Huntington Beach does hereby appoint the current or future members of the Board of Directors of the Huntington Beach Conference and Visitors' Bureau, whomever those persons may be, to constitute an advisory board: (a)to make recommendations to the City Council on the provisions of the resolution of intention and such report shall be considered at the public hearing set forth above; and (b)to fulfill those duties entrusted to such board under Streets and Highways Code §36530. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Huntington Beach does hereby adopt this resolution of intention as set forth herein, and Exhibits "A" and`B" attached hereto and incorporated by this reference: PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18 day of August , 2003. Mayor ATTEST: APPROVED AS TO FORM: City Clerk 5ty Atto y REVIEWED AND APPROVED: INITIA ED AND APPROVED: �t C City Adm1rdstrator Director of Economic Development 03reso/hotel business improve/7/28/03 • EXHIBIT A • CITY OF HUNTINGTON BEACH HOTELS AND MOTELS INCLUDED IN HUNTINGTON BEACH HOTEL INDUSTRY BUSINESS IMPROVEMENT AREA The BID benefit zone encompasses the entire City of Huntington Beach boundaries. It is anticipated that the entire City including businesses and residents will benefit from increased revenues generated by the activities of the BID. The following businesses will be included in the business improvement area established pursuant to California Streets and Highways Code Section 36500 et. seq.: Hilton Waterfront Beach Resort Edelweiss Inn 21100 Pacific Coast Highway 7561 Center Ave.,#46 Huntington Beach,CA 92648 Huntington Beach,CA 92647 Business Owner/Operator: John Gilbert Business Owner/Operator:Alfred Skistimas Hyatt Regency Huntington Beach Spa and Resort Extended Stay America 21500 Pacific Coast Highway 5050 Skylab West Circle Huntington Beach,CA 92648 Huntington Beach,CA 92647 Business Owner/Operator:Cormac O'Modhrain Business Owner/Operator:Dev Chauhan Best Western Regency Inn Guest House International Inn 19360 Beach Blvd. 18382 Beach Blvd. Huntington Beach,CA 92648 Huntington Beach,CA 92648 Business Owner/Operator:Tonho International-Diane Business Owner/Operator: Raju Patel Beadling Comfort Suites Huntington Suites 16301 Beach Blvd. 727 Yorktown Ave. Huntington Beach,CA 92647 Huntington Beach,CA 92648 Business Owner/Operator: Chandu Patel Business Owner/Operator:Young Ja Zahedi Hotel Huntington Beach Huntington Surf Inn 7667 Center Ave. 720 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach,CA 92648 Business Owner/Operator:Ming Shin Kou Business Owner/Operator: Long Han,Jennifer Phi Howard Johnson Express Inn&Suites Ocean View Motel 17251 Beach Blvd. 16196 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach,CA 92649 Business Owner/Operator:Kiran Patel Business Owner/Operator: Pravin Patel Beach Inn Pacific View Inn&Suites 18112 Beach Blvd. 16220 Pacific Coast Highway Huntington Beach,CA 92646 Huntington Beach,CA 92649 Business Owner/Operator:A. Lien Chao Business Owner/Operator:Khushbu,LLC-Jayesh Patel Sun`N Sands Motel Best Western 1102 Pacific Coast Highway 800 Pacific Coast Highway Huntington Beach,CA 92648 Huntington Beach,CA 92648 Business Owner/Operator: Jitendra P.Barot Business Owner/Operator: Ken Patel Beach Comfort Motel 777 Motor Inn 118 Eleventh St. 16240 Pacific Coast Highway Huntington Beach,CA 92648 Huntington Beach,CA 92649 Business Owner/Operator: Okiennica Jadwiga Business Owner/Operator: Mulan Kuo,Victor Ali Colonial Inn Youth Hostel 421 8'St. Huntington Beach,CA 92648 Business Owner/Operator: James Parkinson EXHIBIT B HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT Proposed Budget Fiscal Year 2003-2004 The BID assessment will be used to establish the Huntington Beach Hotel/Motel Business Improvement District ("HBH/MBID"). The HBH/MBID will actively fund marketing activities to promote Huntington Beach as an overnight tourist destination to benefit all of the hotels and motels in Huntington Beach. The BID fiscal year will be from October 1"to September 30t'' EXPENDITURES Marketing Activities Promoting Huntington Beach as an overnight tourist destination, including: • Advertising • Website Development • Visitor Research • Brochures and Collateral Material • Trade Shows Booth Representation • Photo Library • Publicity Efforts • Other related activities Anticipated Expenditures: $320,000 REVENUE I% levy on Hotel and Motel overnight room stay in Hotels and Motels listed in Exhibit A Anticipated Revenue: $320,000 Fiscal Year 2002-2003 to date As of June 30, 2003, after nine months of operation, the Huntington Beach Hotel/Motel Business Improvement District collected $147,417.61, of which $3,271.38 was not yet spent on activities to promote Huntington Beach as an overnight tourist destination for the benefit of all hotels and motels in Huntington Beach. Res. No. 2003-60 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 18th day of August 2003 by the following vote: AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio CArk of the City Council of the City of Huntington Beach, California Power Point Presentation Huntington Beach Hotel/Motel Business Improvement District (BID) Annual Renewal for FY 2003-2004 September 2, 2003 "gym s 4 • f • • • O 4 Background Formed 2002 • H.B. Conference &Visitors Bureau requested BID be formed to promote Huntington Beach as an overnight destination • This is first annual BID renewal N ; 1 . , grOlill BC 4rt August 18, 2003 City Council Approved Resolution No. 2003-60 Intention to Levy Assessment for Huntington Beach Hotel/Motel BID for 2003-2004 and Scheduled Public Hearing e e Huntington Beach Hotels"Motel • Hyatt Regency H.B.Spa&Resort • Edelweiss Inn • Best Western Regency Inn • Extended Stay America • Comfort Suites • Hilton Waterfront Beach Resort • Hotel Huntington Beach • Guest House International Inn • Howard Johnson Express Inn&Suites • Huntington Suites • Beach Inn • Huntington Surf Inn • Sun"N Sands Motel • Ocean View Motel • Beach Comfort Motel • Pacific View Inn&Suites • Colonial Inn Youth Hostel • Best Western on PCH • 777 Motor Inn 2 » Current , taWs; • Copies of Resolution and assessment formula were sent to each business to be assessed • Assessment is 1% levy on overnight room stays in Huntington Beach • Proposed Budget Approved by BID/CVB Board of Directors July, 2003 • Proposed FY 2003-2004 Budget of$320,000 is attached to staff report • BID revenues supplement annual City Contract with the Conference and Visitors Bureau » Process • State BID law requires City Council to conduct a protest hearing to consider all protests against the establishment of the BID. • If written protests are received from affected business owners of 50% or more of assessments,no further proceedings to consider the Business Improvement District can be considered for one year. • At the conclusion of the protest/public hearing,the City Council may reduce or modify the proposed assessment or types of activities to be funded with assessment revenues. • The City Council has the option of not renewing the Business Improvement District. 3 • j IZ&om dd&.Action City Council Actions needed: • Hold Public Hearing • Pass Resolution to Approve Annual Assessment for FY 2003-2004 r • v v v o o • o 4 Alp J® City ®f Huntington Beach F � ® 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 July 9, 2003 Doug Traub � Huntington Beach Conference and Visitors Bureau 301 Main Street, Ste. 208 Huntington Beach, CA 92648 Dear Doug: Thank you for submittal of the Huntington Beach Hotel/Motel Business Improvement.District Highlights , and Accomplishments for the year ending September 30, 2003 and the Proposed Operating Budget for the new fiscal year commencing October 1, 2003. Here is the proposed schedule for the Huntington Beach Hotel/Motel Business Improvement District annual renewal by the City Council for the 2003/2004 fiscal year. Date Organization .; Action July 8, 2003 Huntington Beach Conference Budget Approved. Tuesday and Visitors Bureau July 9,2003 Requesffor Legal,Services to City Wedriesda;_ E conomic Development Dept. Atforne U July 28,2003 Economic Development Dept. Request for Council Action(RCA) Monday complete for consideration on 8/18/03. August 18;2003 Resolution of intent to approve - City Council Mondayassessments and,,sqtpybli&hearing date. August 21, 2003 Aug s City Clerk Publish notice of public hearing. ThuSepteniber2;2003 CoMdct'public hearing and approve H.B Tuesday _ City Council HotellMotel BID assessments for 2003/2004.� It is a pleasure to serve as your city staff representative supporting your Business Improvement District. If I can be of service to you or any of the hotels or motels,please contact me directly at(714) 375-5088. Sincerely, Christy D. Teague Assistant Project Manager cc: David C. Biggs, Economic Development Director Jim Lamb,Project Manager Connie Brockway, City Clerk Liz Ehring,Assistant City Clerk Elaine Kuhnke,Administrative Analyst Sm(?otti Feed $heetSTM 1 /A /I D t (,4kI5Use template for 51600 Hilton Waterfront Beach Resort Hyatt Regency Huntington Beach Spa& Resort Best Western Regency Inn Attention: John Gilbert Attention: Cormac O'Modhrain Attention: Diane Beadling-Tonho Intl. 21 100 Pacific Coast Hwy. Attention: Beach Blvd. Huntington Beach, CA 92648 21500 Pacific Coast Hwy. Huntington Beach, CA 92648 Huntington Beach,CA 92648 Comfort Suites Hotel Huntington Beach Howard Johnson Express Inn& Attention: Chandu Patel Attention: Ming Shin Kou Suites Attention: Kiran Patel 16301 Beach Blvd. 7667 Center Aver 17251 Beach Blvd: Huntington Beach,CA 92647 Huntington Beach, CA 92647 Huntington Beach,CA 92647 Beach Inn Sum `N Sands Motel Beach Comfort Motel Attention: A. Lien Chao Attention: Jitendra P. Barot Attention: Okiennica Jadwiga 18112 Beach Blvd. 1102 Pacific Coast Hwy. 118 Eleventh St. Huntington Beach, CA 92646 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Colonial Inn Youth Hostel Edelweiss Inn Extended Stay America .Attention: James Parkinson Attention: Alfred Skistimas Attention: Dev Chauhan 421 - 8th St. 7561 Center Ave.,#46 5050 Skylab West Circle Huntington Beach, CA 92648 Huntington Beach, CA 92647 Huntington Beach, CA 92647 Guest House International Inn Huntington Suites Huntington Surf Inn .Attention: Raju Patel Attention: Young Ja Zahedi Attention: Long Han/Jennifer Phi 18382 Beach Blvd. 727 Yorktown Ave. 720 Pacific Coast Hwy. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648' Ocean View Motel Pacific View Inn& Suites Best Western .Attention: Pravin Patel Attention: Khushbu, LLC-Jayesh Patel Attention: Ken Patel 16196 Pacific Coast Hwy. 16220 Pacific Coast Hwy. 800 Pacific Coast Hwy. Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Beach, CA 92648 777 tt Motor Inn Attention: Mulan Kuo/Victor Ali � 16240 Pacific Coast Hwy. DON Huntington Beach, CA 92649 �iV1S 0 00.2 ,6 cl)4-� cam" 0 Ur' n� AVERY® Address Labels Laser 5960TM r i MOWgNON NO.2003-60 A RESOLUTION OF THE CITv"UNCIL OF THE CITY OF HUNTINGTON BEACH IN- W­C DICATING THE CITY'S INriv--EV�Y AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2003-2004 T, AD IMPROVEMENTS WITHIN THE HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT (All Exhibits are on File in the City Clerk's Office) THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Huntington Beach hereby finds and declares as follows: WHEREAS, the California Legislature, in adopting the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code Sec. 36500 et seq.) found that cities are authorized to levy assessments on businesses PROOF OF PUBLICATION in order to promote economic revitalization and tourism,create jobs, attract new businesses and prevent erosion of business districts;and 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 area proposed by this resolution of intention is to 'fund activities to promote tourism and related tourist events which,benefit the hotel and motel businesses within the City of Huntington Beach;and STATE OF CALIFORNIA) WHEREAS, a sizeable majority of the hotel and motel businesses within the City of Huntington Beach requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 j ) ss. to establish a hotel and motel business benefit area within the City of COUNTY OF ORANGE Huntington Beach and to levy a special assessment°to promote tourism and tourist related events;and � WHEREAS, the City Council has formed a business improvement area, known as the Huntington Beach Hotel/Motel Business Improvement District (the "District"), by the passage of Ordinance No. 3569 on August 19, 2002.i The time has come to continue the existence of the District for fiscal year am a Citizen of the United States and a 2003-04 by levying assessments on those businesses that benefit from the activities;and resident of the County aforesaid; I am WHEREAS, this resolution of intention will commence proceedings under the Parking and Business Improvement Area Law of 1989. Over the age of eighteen years and not a SECTION 2. The City Council of the City of Huntington Beach hereby , intends to do the following: party to or interested in the below entitled (a) A business improvement area is proposed to be established pursuant to Streets and Highways Code Sec. 36500 et seq, with the boundaries of the territory to be included in the area as set forth in Exhibit"A," attached matter. I am a principal clerk of the hereto and incorporated herein by this reference. Further, a business HUNTINGTON BEACH INDEPENDENT improvement area is proposed to established with the boundaries of the benefit zone within the area set forth in Exhibit"A." , (b) The type or types off improvements and activities proposed to be a newspaper of general circulation funded by the levy of assessments on businesses within the business improvement area are specified in, Exhibit "B," attached hereto and' printed and published in the City of incorporated herein by this reference. Further, the improvements, if any, to be acquired for the proposed business improvement area,are specified Huntington Beach, County of Orange, in Exhibit" p (c) The proposed assessment will be levied annually to pay for all improvements and activities within the business improvement area, except State of California, and that attached wherefundsareotherwiseavailable. (it) The proposed method and.basis of levying the assessment to allow Notice is a true and complete copy as each business owner to estimate the amount of the assessment to be levied against his,her or its business is set forth in Exhibit"B." was printed and published in the effective New hotel and motel businesses commencing operations after the effective date of the ordinance, lev in the assessment will not be exempt' Huntington Beach issue of said from the levy of assessment as provided iri Exhibit "B." (See, generally Streets and Highways Code Sec.36531.) (f)The time and place for the public hearing on the levy of the assessment newspaper to wit the Issue(s) of: shall be 7:00 p.m., or as soon thereafter as the matter can be heard, on .September 2, at the Huntington Beach City Hall, City Council Chambers, 2000 Main Street,Huntington Beach,California. (g) 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. August 21 , 2003 (h) 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. (i) Each written protest shall contain a description of,the business in declare, under penalty of perjury that which the person subscribing the protest is interested, sufficient to identify the business, and if a person subscribing is not shown on the official the foregoing is true and correct. records the City of Huntington Beach as the owner of the business, the protest shh all 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. Executed on (j) If written protests are received from the owners of businesses in the Auaust 21 , 2003 proposed business improvement area which will pay fifty percent (50%) or more of the assessments to be levied and protests are not withdrawn so at Costa Mesa, California. 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 I of a specified type or types of improvements or activities within the business e improvement area, those types of improvements or activities shall be I eliminated by the City Council. Signature I SECTION 3. The City Council of the City of Huntington Beach does hereby appoint the current or future members of the Board of Directors of the Huntington Beach Conference and Visitors' Bureau, whomever those persons may be, to constitute an advisory board: (a) to make recommendations to I the City Council on the provisions of the resolution of intention and such report sFiall be considered at the public hearing set forth above; and (b) g to fulfill those duties entrusted to such board under Streets and Highways) r Code Sec.36530. NOW, THEREFORE, BE. IT RESOLVED that the City Council of the City of t Huntington Beach does hereby adopt this resolution of intention as set forth herein, and Exhibits "A" and "B" attached hereto and incorporated by this i reference. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of August,2003 /S/Connie Boardman,Mayor, ATTEST:/S/Connie Brockway,City Clerk Res.No.2003-60 STATE OF CALIFORNIA COUNTY OF ORANGE )ss CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington.Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of a least a majority of all the members of said City Council at a regular meeting thereof held on the 18th day of August,2003 by the following vote: AYES:Sullivan,Coerper,Green,Boardman,'Cook,flouchen,Hardy NOES:None ABSENT:None ABSTAIN None /S/Connie Brockway,City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California Published Huntington Beach Independent August 21,2003 083-582 0 0 �� _ D-BIW5 �N CITY OF HUNTINGTON BEACH MEETING DATE: August 5, 2002 DEPARTMENT ID NUMBER: 02-26 Council/Agency Meeting Held: G�—Oy--0-& Deferred/Continued to: Approved ❑ Condit'onally Approved ❑ Denied iP> &t Jerk's i nature Council Meeting Date: August 5, 2002 Department ID Number: 0::�-26 4 -19 Apo p CITY OF HUNTINGTON BEACH C ,7,- REQUEST FOR COUNCIL ACTION ' == -- SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER,2_ SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR rd Or PREPARED BY: DAVID C. BIGGS, ECONOMIC DEVELOPMENT DIRECTOR SUBJECT: Conduct Public Hearing and Adopt Ordinance to Establish Huntington Beach Hotel/Motel Business Improvement District Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On July 15, 2002, the City Council approved Resolution No. 2002-69 indicating the intention to establish the Huntington Beach Hotel/Motel Business Improvement District, setting the public hearing, and stating the intention to levy an assessment for the proposed business improvement district (BID). In order to establish the new BID, the City Council is required to conduct the public hearing to hear protests and approve the required ordinance. If approved, the Huntington Beach Hotel/Motel Business Improvement District will be established for one year, beginning October 1, 2002. 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 are budgeted within the Business Development Division Operating Budget, Account No. 10080101.63345. Recommended Action: The establishment of a Business Improvement District requires approval by the City Council as set forth by state law. The recommended actions are the, following: 1. Conduct Public Hearing to consider all protests against the establishment of the BID. 2. Adopt Ordinance No. of the City of Huntington. Beach, California, Establishing a Business Improvement District, Called the "Huntington Beach Hotel/Motel Business Improvement District," for All Huntington Beach Hotels and Motels. - - G:\Christy\BIDS\Hotel BID\RCA080502.DOT 7/29/2002 3:29 PM � • o REQUEST FOR COUNCIL ACTION MEETING DATE: August 5, 2002 DEPARTMENT ID NUMBER: 02-26 Alternative Actions: 1. If written protests are received from the owners of affected businesses which will pay 50 percent or more of assessments, no further proceedings to create the proposed business improvement district can be considered for one year from the date of the majority protest finding by the City Council. 2. At the conclusion of the public hearing, the City Council may reduce or modify the proposed assessment or types of activities to be funded with assessment revenues. The City Council may exclude territory that, in its judgment, will not benefit from the proposed activities. 3. The City Council has the option of not initiating the Business Improvement District. Prior Actions: OwApril 24, 2002, the City received a letter from the Huntington Beach Conference and Visitors Bureau requesting assistance in forming a Business Improvement District for all hotels and motels in Huntington Beach. On May 20, 2002, the City Council held a Study Session on the efforts to transform Huntington Beach into an overnight destination by the Huntington Beach Conference and Visitors Bureau and the hotel/motel industry. On July 15, 2002, the City Council adopted Resolution No. 2002-69 indicating the City's Intention to Create and Establish a Business Improvement District ("BID"), called the "Huntington Beach Hotel/Motel Business Improvement District," Concerning All of the Hotels and Motels Located Within the City, and Setting a Public Hearing Date of August 5, 2002, to Formally Establish Said Business Improvement District and to Levy Assessments. On July 22, 2002, copies of Resolution No. 2002-69 were mailed to each affected business, as required by state law. Analysis: The Conference and Visitors Bureau Board of Directors have identified priorities to support the growing Huntington Beach hotel/motel industry. City funding for the Conference and Visitors Bureau has not increased proportionally with the number of hotel/motel rooms constructed in the last decade. The proposed BID will allow the hotels and motels to partner with the City to fund Conference and Visitors Bureau activities to attract overnight visitors. BID revenues will supplement the annual City contract with the Conference and Visitors Bureau. The proposed Huntington Beach Hotel/Motel Business Improvement District will require a 1% levy be assessed on overnight room stays in Huntington Beach. These funds will be collected as a separate itemization with monthly Transient Occupancy Taxes paid to the City of Huntington Beach beginning October 1, 2002. The Board of Directors for the Huntington G:\Christy\BIDs\Hotel BID\RCA080502.DOT 7/29/2002 3:29 PM 1 • • REQUEST FOR COUNCIL ACTION MEETING DATE: August 5, 2002 DEPARTMENT ID NUMBER: 02-26 Beach Conference and Visitors Bureau will also serve as the BID Advisory Board. Affected businesses in the Huntington Beach Hotel/Motel Business Improvement District include all hotels, motels, and youth hostels in the City of Huntington Beach. A Conference and Visitors Bureau survey of the nineteen hotels and motels found most of the affected businesses support the potential BID. It is anticipated the assessments will approximately total $350,000. Environmental Status: Not Applicable Attachment(s): City Clerk's Pa M- ge Nu ' .. - p Description 1 Ordinance No. / of the City of Huntington Beach, California, Establishing a Business Improvement District, Called the "Huntington Beach Hotel/Motel Business Improvement District," for All Huntington Beach Hotels and Motels. 2. Resolution No. 2002-69 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 Hotel/Motel Business Improvement District," Concerning All of the Hotels and Motels Located Within the City, and Setting a Public Hearing Date of August 5, 2002, to Formally Establish Said Business District and to Levy Assessments. RCA Author: Christy Teague, X5088 G:\Christy\BIDS\Hotel BID\RCA080502.DOT 7/29/2002 3:29 PM � s Ordinance l 3 y Sk, ORDINANCE NO. 3569 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ESTABLISHING A BUSINESS IMPROVEMENT DISTRICT, CALLED THE "HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT," FOR ALL HUNTINGTON BEACH HOTELS AND MOTELS THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Huntington Beach hereby finds and declares as follows: 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; WHEREAS,the California Legislature found that cities are authorized to levy assessments on businesses which benefit from these improvements and activities; WHEREAS, the purpose of the business improvement area, as proposed by this ordinance, is to fund activities to promote tourism and related tourist events which benefit the hotel and motel businesses within the City of Huntington Beach; WHEREAS, a sizeable majority of the hotel and motel businesses within 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 hotel and motel business benefit area within the City of Huntington Beach and to levy special assessments to promote tourism; WHEREAS, on July 15, 2002, the City Council adopted Resolution No. 2002-69, declaring its intention to form a business improvement area encompassing the hotels and motels within the City of Huntington Beach; 1 02ord/HBHMBID/rj w/j n/7/31/2002 ord. No. 3569 WHEREAS, on August 5, 2002, 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; WHEREAS, on August 5, 2002, City Council heard testimony from the hotel and motel owners regarding formation of the business improvement area, and on the assessments to be levied, and no protests were filed or presented at the public hearing which would require that the City Council consider terminating the proceedings; WHEREAS,the business improvement area to be established pursuant to Streets and Highways Code Section 3 65 00, et seq. has the boundaries of the area and the boundaries of the benefit zone within the area as set forth in Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, on July 15, 2002,the City Council of the City of Huntington Beach appointed an advisory board to make recommendations to the City Council concerning the business improvement area and such report has been considered at the public hearing before this ordinance was adopted. Section 2. The City Council of the City of Huntington Beach by this ordinance does hereby: (a) Establish a business improvement area with the name, "Huntington Beach Hotel/Motel Business Improvement District"("HBH/MBID"), and the business improvement area has the boundaries and the benefit zone set forth in Exhibit A, attached hereto and incorporated herein by this reference; and (b) Levy an assessment on businesses within the HBH/MBID as set forth in Exhibits A and B, attached hereto and incorporated herein by this reference. Section 3. The City Council of the City of Huntington Beach does hereby further find and declare as follows: (a) The HBH/MBID, and the businesses included within it, are subject to any amendments to the Parking and Business Improvement Area Law of 1989; 2 02ord/HBHMBID/rj w/jn/7/29/2002 Ord. No. 3569 0 (b) The type or types of improvements and activities which will be funded by the levy of assessments on businesses within the HBH/MBID, are specified in Exhibits A and B, attached hereto and incorporated herein by this reference, and the improvements to be acquired for the business improvement area are also specified in Exhibits A and B; (c) The fiscal year of the HBH/MBID shall be that period of October 1 of one year through September 30 of the following year, and the first fiscal year of the HBH/MBID shall commence on October 1, 2002; (d) The method and basis of levying of assessments in the HBH/MBID (basically a 1% levy on overnight room stays in Huntington Beach), is set forth in Exhibits A and B; (e) New hotel and motel businesses within the HBH/MBID, whose operations commence after the effective date of this ordinance, will be not exempt from the levy of assessments, as provided in Exhibits A and B; (f) The revenue from the levy of assessments within the HBH/MBID adopted by this ordinance shall not be used to provide improvements or activities outside the area set forth in Exhibits A and B or for any purpose other than the purposes specified in the resolution of intention, Resolution No. 2002-69, as may be modified by City Council at the hearing concerning the establishment of the area; (g) The hotel and motel businesses within the HBH/MBID will be benefited by the activities and improvements funded by the assessments levied by this ordinance, by virtue of increasing overnight business stays and tourist visits to their businesses; (h) The assessments levied by this ordinance shall be collected at the same time (monthly),but with a separate itemization, as the City of Huntington Beach Transient Occupancy Tax is collected pursuant to the Huntington Beach Municipal Code; (i) The City Manager or his or her designee is hereby delegated authority by City Council to enter into the necessary agreements to retain a consultant and/or firm to administer and effectuate the improvements and activities contained in the budget for the HBH/MBID as set forth in Exhibits A and B; and 02ord/HBHMBID/rjw/j n/7/29/2002 0 • Ord. No. 3569 (j) The advisory board for the HBH/MBID, as established by Resolution No. 2002-69, shall cause an annual report to be prepared and presented to City Council at the end of each fiscal year for this business improvement area assessment pursuant to Streets and Highways Code § 36533. Section 4. This ordinance shall become effective 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 _ 19th day of August , 2002. Mayor ATTEST: APPROVED AS TO FORM: dmw,� Q�C! 7 City Clerk City Attorney REVIENYED AND R 1NI ATED ND APPROVED: -rzl� City Administrator 1':;d Di ector f Economic Development 4 02ord/HBHMB ID/rjw/j n/7/31/2002 Ord. No. 3569 Ex. A Ordinance lj Ore., No. 3569 EXHIBIT A Ex. A CITY OF HUNTINGTON BEACH HOTELS AND MOTELS INCLUDED IN HUNTINGTON BEACH HOTEL INDUSTRY BUSINESS IMPROVEMENT AREA The BID benefit zone encompasses the entire City of Huntington Beach boundaries. It is anticipated that the entire City including businesses and residents will benefit from increased revenues generated by the activities of the BID. The following businesses will be included in the business improvement area established pursuant to California Streets and Highways Code Section 36500 et. seq.: Hilton Waterfront Beach Resort Edelweiss Inn 21100 Pacific Coast Highway 7561 Center Ave.,#46 Huntington Beach,CA 92648 Huntington Beach,CA 92647 Business Owner/Operator:John Gilbert Business Owner/Operator:Alfred Skistimas Hyatt Regency Huntington Beach Spa and Resort Extended Stay America 21500 Pacific Coast Highway 5050 Skylab West Circle Huntington Beach,CA 92648 Huntington Beach,CA 92647 Business Owner/Operator:Bob Wentworth Business Owner/Operator:Dev Chauhan Best Western Regency Inn Guest House International Inn 19360 Beach Blvd. 18382 Beach Blvd. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Business Owner/Operator:Tonho International-Diane Business Owner/Operator:Raju Patel Beadling Comfort Suites Huntington Suites 16301 Beach Blvd. 727 Yorktown Ave. Huntington Beach,CA 92647 Huntington Beach,CA 92648 Business Owner/Operator: Chandu Patel Business Owner/Operator:Young Ja Zahedi Hotel Huntington Beach Huntington Surf Inn 7667 Center Ave. 720 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach,CA 92648 Business Owner/Operator:Ming Shin Kou Business Owner/Operator:Long Han,Jennifer Phi Howard Johnson Express Inn&Suites Ocean View Motel 17251 Beach Blvd. 16196 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach,CA 92649 Business Owner/Operator:Kiran Patel Business Owner/Operator:Pravin Patel Beach Inn Pacific View Inn&Suites 18112 Beach Blvd. 16220 Pacific Coast Highway Huntington Beach,CA 92646 Huntington Beach,CA 92649 Business Owner/Operator:A. Lien Chao Business Owner/Operator:Khushbu,LLC-Jayesh Patel Sun`N Sands Motel Quality Inn 1102 Pacific Coast Highway 800 Pacific Coast Highway Huntington Beach,CA 92648 Huntington Beach, CA 92648 Business Owner/Operator: Jitendra P.Barot Business Owner/Operator:Ken Patel Beach Comfort Motel 777 Motor Inn 118 Eleventh St. 16240 Pacific Coast Highway Huntington Beach,CA 92648 Huntington Beach,CA 92649 Business Owner/Operator: Okiennica Jadwiga Business Owner/Operator:Mulan Kuo,Victor Ali Colonial Inn Youth Hostel 421 8'St. Huntington Beach,CA 92648 Business Owner/Operator:James Parkinson • Ord. No. 3569 Ex. B Ordinance s � 9 � Ma, Ord. No. 3569 Ex. B EXHIBIT B HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT The BID assessment will be used to establish the Huntington Beach Hotel/Motel Business Improvement District("HBH/MBID"). The HBH/MBID will actively fund marketing activities to promote Huntington Beach as an overnight tourist destination to benefit all of the hotels and motels in Huntington Beach. The BID fiscal year will be from October I"to September 30tn Huntington Beach Hotel/Motel Business Improvement District FY2002-2003 Budget EXPENDITURES Marketing Activities Promoting Huntington Beach as an overnight tourist destination, including: • Development of Website • Visitor Survey • Brochures and Collateral Material • Trade Shows Booth Representation • Establish Photo Library • Establish Publicity Materials • Other related activities Anticipated Expenditures: $350,000 REVENUE 1% levy on Hotel and Motel overnight room stay in Hotels and Motels listed in Exhibit A Anticipated Revenue: $350,000 Ord. No. 3569 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 5th day of August, 2002, and was again read to said City Council at a regular meeting thereof held on the 19th day of August,20023 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Dettloff, Boardman, Cook,Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway,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 r- 2002 oe In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California Resolution No. 2002-69 Approved July 15, 2002 i, y RESOLUTION NO. 2002-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNITINGTON BEACH INDICATING THE CITY'S INTENTION TO CREATE AND ESTABLISH A BUSINESS IMPROVEMENT DISTRICT ("BID"), CALLED THE "HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT," CONCERNING ALL OF THE HOTELS AND MOTELS LOCATED WITHIN THE CITY, AND SETTING A PUBLIC HEARING DATE OF AUGUST 5, 2002,TO FORMALLY ESTABLISH SAID BUSINESS IMPROVEMENT DISTRICT AND TO LEVY ASSESSMENTS THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Huntington Beach hereby finds and declares as follows: 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 area proposed by this resolution of intention is to fund activities to promote tourism and related tourist events which benefit the hotel and motel businesses within the City of Huntington Beach; and WHEREAS, a sizeable majority of the hotel and motel businesses within the City of Huntington Beach requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish a hotel and motel business benefit area within the City of Huntington Beach and to levy a special assessment to promote tourism and tourist related events; and WHEREAS, this resolution of intention will commence proceedings under the Parking and Business Improvement Area Law of 1989. SECTION 2. The City Council of the City of Huntington Beach hereby intends to do the following: (a) A business improvement area is proposed to be established pursuant to Streets and Highways Code §36500 et seq. with the boundaries of the territory to be included in the area as set forth in Exhibit"A", attached hereto and incorporated herein by this reference. Further, a business improvement area is proposed to be established with the boundaries of the benefit zone within the area as set forth in Exhibit"A". 02reso/gw/business improve/7/3/02 1 • � Res. No. 2002-69 (b) A business improvement area is proposed to be established with the following name: "Huntington Beach Hotel/Motel 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`B". (f) New hotel and motel businesses 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`B". (See, generally Streets acid Highways Code §36531.) (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 5, 2002, 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. (1) 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. 0) 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 02reso'r w/businessimprove/7/3/02 2 . Res. No. 2002-69 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 by the City Council. SECTION 3. The City Council of the City of Huntington Beach does hereby appoint the current or future members of the Board of Directors of the Huntington Beach Conference and Visitors' Bureau, whomever those persons may be, to constitute an advisory board: (a) to make recommendations to the City Council on the provisions of the resolution of intention and such report shall be considered at the public hearing set forth above; and (b) to fulfill those duties entrusted to such board under Streets and Highways Code §36530. NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Huntington Beach does hereby adopt this resolution of intention as set forth herein, and Exhibits "A" and`B" attached hereto and incorporated by this reference. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of July , 2002. Mayor ATTEST: APPROVED AS TO FORM: City Clerk 67-1-1'n l City At.$mey REVIEWED AND APPROVED: INITIATED AND APPROVED: City Adm istrator Director of Econom c Development 02reso/gw/business improve/7/3/02 3 • Res. No. 2002-69 Ex. A EXHIBIT A Res. No. 2002-69 Ex. A CITY OF HUNTINGTON BEACH HOTELS AND MOTELS INCLUDED IN HUNTINGTON BEACH HOTEL INDUSTRY BUSINESS IMPROVEMENT AREA The BID benefit zone encompasses the entire City of Huntington Beach boundaries. It is anticipated that the entire City including businesses and residents will benefit from increased revenues generated by the activities of the BID. The following businesses will be included in the business improvement area established pursuant to California Streets and Highways Code Section 36500 et. seq.: Hilton Waterfront Beach Resort Edelweiss Inn 21100 Pacific Coast Highway 7561 Center Ave.,#46 Huntington Beach,CA 92648 Huntington Beach,CA 92647 - Business Owner/Operator:John Gilbert Business Owner/Operator:Alfred Skistimas Hyatt Regency Huntington Beach Spa and Resort Extended Stay America 21500 Pacific Coast Highway 5050 Skylab West Circle Huntington Beach,CA 92648 Huntington Beach,CA 92647 Business Owner/Operator:Bob Wentworth Business Owner/Operator:Dev Chauhan Best Western Regency Inn Guest House International Inn 19360 Beach Blvd. 1 18382 Beach Blvd. Huntington Beach,CA 92648 Huntington Beach,CA 92648 Business Owner/Operator:Tonho International-Diane Business Owner/Operator:Raju Patel Beadling Comfort Suites Huntington Suites 16301 Beach Blvd. 727 Yorktown Ave. Huntington Beach,CA 92647 Huntington Beach,CA 92648 Business Owner/Operator:Chandu Patel Business Owner/Operator:Young Ja Zahedi Hotel Huntington Beach Huntington Surf Inn 7667 Center Ave. 720 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach,CA 92648 Business Owner/Operator:Ming Shin Kou Business Owner/Operator:Long Han,Jennifer Phi Howard Johnson Express Inn&Suites Ocean View Motel 17251 Beach Blvd. 16196 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach,CA 92649 Business Owner/Operator:Kiran Patel Business Owner/Operator:Pravin Patel Beach Inn Pacific View Inn&Suites 18112 Beach Blvd. 16220 Pacific Coast Highway Huntington Beach,CA 92646 Huntington Beach,CA 92649 Business Owner/Operator:A. Lien Chao Business Owner/Operator:Khushbu,LLC-Jayesh Patel Sun`N Sands Motel Quality Inn 1102 Pacific Coast Highway 800 Pacific Coast Highway Huntington Beach,CA 92648 Huntington Beach, CA 92648 Business Owner/Operator: Jitendra P. Barot Business Owner/Operator:Ken Patel Beach Comfort Motel 777 Motor Inn 118 Eleventh St. 16240 Pacific Coast Highway Huntington Beach, CA 92648 Huntington Beach, CA 92649 Business Owner/Operator: Okiennica Jadwiga Business Owner/Operator:Mulan Kuo,Victor Ali Colonial Inn Youth Hostel 421 8`h St. Huntington Beach, CA 92648 Business Owner/Operator:James Parkinson Res. No. 2002-69 Ex. B Res. No. 2002-69 0 Ex. B EXHIBIT B HUNTINGTON BEACH HOTEL NT IOTEL BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT The BID assessment will be used to establish the Huntington Beach HoteUMotel Business Improvement District ("HBH,NTIBID"). The HBH/MBID will actively fund marketing activities to promote Huntington Beach as an overnight tourist destination to benefit all of the hotels and motels in Huntington Beach. The BID fiscal year will be from October lst to September 30th Huntington Beach Hotel/Motel Business Improvement District FY2002-2003 Budget EXPENDITURES Marketing Activities Promoting Huntington Beach as an overnight tourist destination, including: • Development of Website • Visitor Survey • Brochures and Collateral Material • Trade Shows Booth Representation • Establish Photo Library • Establish Publicity Materials • Other related activities Anticipated Expenditures: $350,000 REVENUE 1% levy on Hotel and Motel overnight room stay in Hotels and Motels listed in Exhibit A Anticipated Revenue: $350,000 Res. No. 2002-69 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 15th day of July, 2002 by the following vote: AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California � O RCA ROUTING SHEET INITIATING DEPARTMENT: ECONOMIC DEVELOPMENT SUBJECT: Conduct Public Hearing and Adopt Ordinance to Establish Huntington Beach Hotel/Motel Business Improvement District COUNCIL MEETING DATE: August 5, 2002 RCA ,ATTACH MENTS TUS s,a ,,,, STA k Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over$5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Attached Commission, Board or Committee Report If applicable Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable „.r 1EXP;LANATION�FORMISS(NG,ATTACFIMNTS . k REVIEWED W" " ... RETURNED. F�ORIIIPARED m....,_x,. x . Administrative Staff Assistant City Administrator Initial City Administrator Initial City ClerM. EXPLANATION FOR RETURN OF ITEM. (Below Use Only) RCA Author: Teague,X5088 REQUEST FOR LATE SUBMITTAL (To accompany RCA's submitted after Deadline Department: " Subject : Huntington Beach Hotel/Motel Economic Development Business Improvement District ., ;a Council Meeting Date: 8/5/02 Date of This Request: 7/29/02 REASON (Why is this RCA being submitted late?): Waitin-q for Ordinance completion by City Attorne 's office. .�E 1 I x Fes= ,;. EXPLANATION (Why is this RCA necessary to this agenda?): x �r State Law requires the Public Hearing be held 20-30 days from the initiation of the BID. On Julv 15, 2002, the City Council set the Public Hearing/Protest Hearing on August 5, 2002. Affected businesses have been mailed notices informing them of the August 5, 2002 Public Hearing/Protest Hearing meeting. CONSEQUENCES How shall delay of this RCA adversely impact the City?): The required BID process would need to be re-initiated, public notices would need to �x. Be re- ublished and re-mailed, and it would delay the BID start date of October 1st. ., -Delays may result in loss of goodwill with the CVB and hotel/motel industry. �F ,17 x. Signature: 0 Approvetd ® Denied ' Department Head Ray y Silver City Administrator a N. 7 Itsubmtl 07/14/94 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway,City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk II To: Date: IAZ Meeting Date: 5f f� y Agenda Item: Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit,please return to: Elaine Kuhnke, Management Assistant, Administration 1. Signature(s)Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other Exhibits A Missing B Not identified C Other 4. Insurance Certificate(Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtain' insurance certificate on this item.(See form attached) 5. Wording On Request For Council Action(RCA)Unclear A Recommended Action on RCA not complete t B Clarification needed on RCA A I C Other r 6. City Attorney Approval Required 7. Agreement Needs To Change A Page No. 8. Other G�y��.� 2. p r '"f✓C.fs �l.�` � CL�2.-� � �-rJ` ,�r.� Cam/ . U�ooZ '� ��.—zc�_..�`e2-•�-�•�- -/l'C" G:agenda/misdreaform Puls�c Meailg Shceduled on August 5,2002 m NO pm for AM NO.2002-69 " A WAUTION OF THE(IT,, ;A OF'TIIt-N7T W HUNTINGTON BEACH INDICATING THE CITY'S INTENTION TO QQniF AND MAW A BUWFSS,IMPROVffi9fl DISIIBCT rBDJ CAI!®THE"IIINTIN,TON BEACII HOTEL/MOM BUSINESS Dm", (011CO NG ALL OF THE HOTELS AND MOTELS LOCATED WITHIN THE NTTY,AND SETIBfG A PUIRK HEARWG DATE OF AUGUST 5,2002,TO FORMALLY ESTABLISH SAD BUSINESS IBPROVEMW DM AND TO LEVY ASSESSMENTS , THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY PROOF OF PUBLICATION RSEOCTIONS1. TheCty Council of the City of Huntington Beach hereby finds and declares as follows: WHEREAS,the California Legislature, in adopting the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code Section 36500 STATE OF CALL FO RN IA) et seq.)found that cities are authorized to levy assessments businesses i in order to promote economic revitalization and tourism,createe jobs,attract new businesses and prevent erosion of business districts;and WHEREAS, the California Legislature found that cities-are authorized to SS. levy assessments on businesses which benefit from those improvements and activities;and WHEREAS, the purpose of the business improvement area proposed, by County of Orange ) this resolution of intention is'to fund activities to promote tourism and related tourist events which benefit the hotel and motel businesses within the City of Huntington Beach;and I am a Citizen of the United States and a WHEREAS, a sizeable majority of the hotel and motel businesses within the City of Huntington Beach requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of resident of the 1989'to establish a hotel and motel business benefit area within the City County aforesaid; I am of Huntington Beach and to levy a special assessment to promote tourism and tourist related events;and over the age of eighteen years, and not a WHEREAS, this resolution of intention will commence proceedings under 1989. party to or interested - in the below thSECTI N 2. The ofImprovement e City of Huntington SECTION 2. The City Council of the City of Huntington Beach hereby do entitled matter. I am a principal Clerk Of intends(a)A business llowing: - improvement (a)A business improvement area is proposed to be established pursuant the HUNTINGTON BEACH INDEPENDENT, a to Streets and Highways Cade Section 36500 et seq. with the boundaries of the territory to be included inthe area as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. Further, a newspaper of general circulation, printed business improvement area,is proposed to be established with the boundaries of the benefit zone within the area as set forth in Exhibit"A".,(All Exhibits on file for Public Review in the City Clerk's Office. and published in the City of Huntington (b) A business improvement area is proposed to be established with the following name: Beach, County of Orange, State of "Huntington Beach Hotel/Motel Business Improvement District." California, and that attached Notice is a (c) The type or,types of improvements and activities proposed to b funded by the levy'of assessments on businesses within the business improvement area are specified in Exhibit."B", attached hereto and true and complete copy as was printed incorporated herein by this reference. Further, the improvements, if any, to be acquired for the proposed business improvement area are specified in Exhibit"B". and published in the Huntington Beach (d) The proposed assessment will be levied annually--to pay for all and Fountain Valley issues of Said 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 newspaper to wit the issue(s) of: each business owner to estimate the amount of the assessment to be levied against his,her or its" business is set forth in Exhibit"B". (f)New hotel and motel businesses 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 "B". (See, generally Streets and Highways Code Section 36531.) July 25 , 2002 (9) 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 5, 2002, 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 I declare, under penalty of perjury, that improvements or activities, will be heard by the City Council. A protest in 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 the foregoing is true and correct, 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 Executed on July 25 2002 irregularity in the form or content of any writtenprotest, and at the public hearing, may correct minor defects in the proceedings. A written protest at Costa Mesa California. 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 bus mess 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 Signature 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 againstthe 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 by the City Council. SECTION 3.The City Council of the City of Huntington Beach.does hereby / appoint the current or future members of the Board of.Directors of the Huntington Beach Conference and Visitors',Bureau;whomever,,i those ipersons may be, to constitute an advisory board,(a) to, make recommendations /V td',the City Council on the provisions of the resolution of intention and sudli report shall be considered at the public hearing set forth above; and (bj'to fulfill those duties entrusted to such board under Streets and Highways Code Section 36530. x�4, ,NOW, THEREFORE, BE IT RESOLVED that the City Council.ofithe City of, Huntington Beach does hereby adopt this. resolution of intention as set forth herein, and Exhibits,"A" and "B" attached hereto and incorporated by this reference. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of July,2002. /S/Debbie Cook,Mayor ATTEST:/S/Connie Brockway,City Clerk Published Huntington Beach Independent July 25,2002 074-260 • 0 He CITE' OF HUNTINGTON BEACHInterOffice Communication Economic Development Department 4 TO: Honorable Mayor and City Council Members VIA: Ray Silver, City Administrator '> FROM: David C. Biggs, Director of Economic Development c ; 17) cn � DATE: August 5, 2002 SUBJECT: Late Communication—Item D-7 Attached is the Power Point Presentation for Item D-7 on the August 5, 2002 City Council Agenda for the Huntington Beach Hotel/Motel Business Improvement District. If you have any questions,please contact me at 536-5909. Attachment Huntington Beach Hotel/Motel � Business Improvement District August 5, 2002 � Agenda Item D-7 Huntington Beach Hotel/Motel Business Improvement District Backiround y On May 20, 2002, City Council held Study Session on efforts to transform Huntington Beach into an overnight destination. CVB sent letter to City requesting formation of a hotel/motel industry business improvement district. CVB surveyed the 19 hotels and motels and found support for a BID to promote Huntington Beach overnight stays. On July 15, 2002, City Council approved Resolution No. 2002-69 Indicating City's Intention to Create and Establish Huntington Beach Hotel/Motel Business Improvement District and setting the Protest Hearing for August 5, 2002. Huntington Beach Hotel/Motel Business Improvement District Business Improvement Districts • Established according to California State Law "Parking _ and Business Improvement Area Law of 1989." • Proposed BID would be second in Huntington Beach. Huntington Beach Auto Dealer Business Improvement District In existence since 1992. Annual renewal of City Council required. Huntington Beach Hotel/Motel Business Improvement District Proposed BID Summary Would promote City as overnight destination without increasing the City's annual contract amount with the Conference & Visitors Bureau.. Proposed 1% levy assessed on hotel/motel overnight stays. CVB Board to serve as BID Advisory Board. Similar to BIDs currently in place in cities of Costa Mesa and Laguna Beach to support visitors bureaus. Huntington Beach Hotel/Motel Business Improvement District Recommended Actions • Conduct Public Hearing to consider protests of establishment of the BID. a • Adopt Ordinance No. 3569 Establishing Huntington Beach Hotel/Motel Business Improvement District. C, V/166t V14 -7 17 0N, Council/Agency Meeting Held: 47-119-a Deferred/Continued to: A roved Q Conditionally Approved L1 Denied tw- city Cle-Os Signature Council Meeting Date: July 15, 2002 Department ID Number: ED 02-17- CITY OF HUNTINGTON BEACH � _5 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS A SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOROW PREPARED BY: DAVID C. BIGGS, ECONOMIC DEVELOPMENT DIRECTOR SUBJECT: Adopt Resolution setting Public Hearing regarding the establishment of Huntington Beach Hotel/Motel Business Improvement District 4,C Res 4 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City initiate the process to form a Business Improvement District for all hotels and motels in Huntington Beach? In doing so, it would achieve the goal of promoting the City as an overnight destination without increasing the City's annual contract amount with the Conference & Visitors Bureau. 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, Account No. 10080101.63345. Recommended Action: The establishnment of a Business Improvement District requires approval by the City Council as set forth by state law. The recommended actions are the following: 1. Adopt Resolution No. 2002-_4tt 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 Hotel/Motel Business Improvement District," Concerning All of the Hotels and Motels Located Within the City, and Setting a Public Hearing Date of August 5, 2002, to Formally Establish Said Business Improvement District and to Levy Assessments. Alternative Action: The City Council has the option of not initiating the possible establishment of the Huntington Beach Hotel Business Improvement District. This action would negatively impact the ability of the Huntington Beach Conference and Visitors Bureau in its efforts to promote Huntington Beach as an overnight destination. � L RUEST FOR COUNCIL ACTICO MEETING DATE: July 15, 2002 DEPARTMENT ID NUMBER: ED 02-17 Analysis: The City has received a letter from the Huntington Beach Conference and Visitors Bureau requesting assistance in forming a Business Improvement District for all hotels and motels in Huntington Beach. The Conference and Visitors Bureau Board of Directors have identified several basic needs to support the growing Huntington Beach hotel/motel industry. Funding for the Conference and Visitors Bureau has not increased in proportion to the increase in number of hotel rooms in Huntington Beach over the past decade. This request will allow the hotels and motels to partner with the City to fund activities of the Conference and Visitors Bureau. BID revenues will supplement the annual City contract with the Conference and Visitors Bureau. The Conference and Visitors Bureau recently surveyed the nineteen hotels and motels in the City, and determined that most of the affected businesses support the potential citywide Business Improvement District. On May 20, 2002, the City Council held a Study Session on the efforts to transform Huntington Beach into an overnight destination by the Huntington Beach Conference and Visitors Bureau and the hotel/motel industry. If approved, a 1% levy will be assessed on hotel and motel overnight room stays in Huntington Beach. These funds will be collected as a separate itemization with monthly Transient Occupancy Taxes paid to the City of Huntington Beach. The BID Advisory Board will be the Board of Directors of the Huntington Beach Conference and Visitors Bureau. Proposed businesses in the Huntington Beach Hotel/Motel Business Improvement District include all hotels, motels, and youth hostels in the City of Huntington Beach. It is anticipated the assessments will approximately total $350,000. The cities of Costa Mesa and Laguna Beach have established similar BIDs to financially support their conference and visitors bureaus. The Huntington Beach Auto Dealer Business Improvement District was established by the City Council in 1992, and has since been renewed annually. A possible third Business Improvement District is currently under discussion for the downtown area. Environmental Status: Not Applicable. Attachments: NumberCity Clerk's' Page . Oescription Resolution No. 2002- (act 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 Hotel/Motel Business Improvement District," Concerning All of the Hotels and Motels Located Within the City, and Setting a Public Hearing Date of August 5, 2002, to Formally Establish Said Buisiness Improvement District and to Levy Assessments. 2. Letter from Huntington Beach Conference and Visitors Bureau dated April 24, 2002. G:\Christy\BIDs\Hotel BID\RCA071502.doc -2- 7/5/2002 1:20 PM City Council Resolution TA m;. a ® • RESOLUTION NO. 2002-69 A RESOLUTION 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 BEH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT," CONCERNING ALL OF THE HOTELS AND MOTELS LOCATED WITHIN THE CITY, AND SETTING A PUBLIC HEARING DATE OF AUGUST 5, 2002, TO FORMALLY ESTABLISH SAID BUSINESS IMPROVEMENT DISTRICT AND TO LEVY ASSESSMENTS THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Huntington Beach hereby finds and declares as follows: 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 area proposed by this resolution of intention is to fund activities to promote tourism and related tourist events which benefit the hotel and motel businesses within the City of Huntington Beach; and WHEREAS, a sizeable majority of the hotel and motel businesses within the City of Huntington Beach requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish a hotel and motel business benefit area within the City of Huntington Beach and to levy a special assessment to promote tourism and tourist related events; and WHEREAS, this resolution of intention will commence proceedings under the Parking and Business Improvement Area Law of 1989. SECTION 2. The City Council of the City of Huntington Beach hereby intends to do the following: (a) A business improvement area is proposed to be established pursuant to Streets and Highways Code §36500 et seq, with the boundaries of the territory to be included in the area as set forth in Exhibit"A", attached hereto and incorporated herein by this reference. Further, a business improvement area is proposed to be established with the boundaries of the benefit zone within the area as set forth in Exhibit"A". 02reso/r vv/business improve/7/3/02 1 • � Res. No. 2002-69 (b) A business improvement area is proposed to be established with the following name: "Huntington Beach Hotel/Motel 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`B". (f) New hotel and motel businesses 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`B". (See, generally Streets and Highways Code §36531.) (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 5, 2002, 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 02reso/gw/business improve/7/3/02 2 . • Res. No. 2002-69 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 by the City Council. SECTION 3. The City Council of the City of Huntington Beach does hereby appoint the current or future members of the Board of Directors of the Huntington Beach Conference and Visitors' Bureau, whomever those persons may be, to constitute an advisory board: (a)to make recommendations to the City Council on the provisions of the resolution of intention and such report shall be considered at the public hearing set forth above; and (b)to fulfill those duties entrusted to such board under Streets and Highways Code §36530. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach does hereby adopt this resolution of intention as set forth herein, and Exhibits"A"and`B" attached hereto and incorporated by this reference. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of July , 2002. Mayor ATTEST: ® APPROVED AS TO FORM: City Clerk 67-17-n City Atjpey �v °60' )'-3' REVIEWED AND APPROVED: INITIATED AND APPROVED: L i��� C a--I--I� . &,I 4_ �� City Admr'istrator Director of Econom c Development 02reso/gw/business improve/7/3/02 3 • • Res. No. 2002-69 Ex. A O EXHIBIT A Res. No. 2002-69 Ex. A CITY OF HUNTINGTON BEACH HOTELS AND MOTELS INCLUDED IN HUNTINGTON BEACH HOTEL INDUSTRY BUSINESS IMPROVEMENT AREA The BID benefit zone encompasses the entire City of Huntington Beach boundaries. It is anticipated that the entire City including businesses and residents will benefit from increased revenues generated by the activities of the BID. The following businesses will be included in the business improvement area established pursuant to California Streets and Highways Code Section 36500 et. seq.: Hilton Waterfront Beach Resort Edelweiss Inn 21100 Pacific Coast Highway 7561 Center Ave.,#46 Huntington Beach, CA 92648 Huntington Beach, CA 92647 Business Owner/Operator: John Gilbert Business Owner/Operator:Alfred Skistimas Hyatt Regency Huntington Beach Spa and Resort Extended Stay America 21500 Pacific Coast Highway 5050 Skylab West Circle Huntington Beach,CA 92648 Huntington Beach, CA 92647 Business Owner/Operator:Bob Wentworth Business Owner/Operator:Dev Chauhan Best Western Regency Inn Guest House International Inn 19360 Beach Blvd. 18382 Beach Blvd. Huntington Beach, CA 92648 Huntington Beach,CA 92648 Business Owner,`Operator:Tonho International-Diane Business Owner/Operator:Raju Patel Beadling Comfort Suites Huntington Suites 16301 Beach Blvd. 727 Yorktown Ave. Huntington Beach,CA 92647 Huntington Beach,CA 92648 Business Owner!Operator: Chandu Patel Business Owner/Operator: Young Ja Zahedi Hotel Huntington Beach Huntington Surf Inn 7667 Center Ave. 720 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach,CA 92648 Business Owner!Operator: Ming Shin Kou Business Owner/Operator: Long Han,Jennifer Phi Howard Johnson Express Inn&Suites Ocean View Motel 17251 Beach Blvd. 16196 Pacific Coast Highway Huntington Beach, CA 92647 Huntington Beach,CA 92649 Business Owner.%Operator:Kiran Patel Business Owner/Operator:Pravin Patel Beach Inn Pacific View Inn&Suites 18112 Beach Blvd. 16220 Pacific Coast Highway Huntington Beach,CA 92646 Huntington Beach,CA 92649 Business Owner/Operator:A.Lien Chao Business Owner/Operator:Khushbu,LLC-Jayesh Patel Sun `N Sands Motel Quality Inn 1102 Pacific Coast Highway 800 Pacific Coast Highway Huntington Beach, CA 92648 Huntington Beach,CA 92648 Business Owner/Operator:Jitendra P.Barot Business Owner/Operator: Ken Patel Beach Comfort Motel 777 Motor Inn 118 Eleventh St. 16240 Pacific Coast Highway Huntington Beach, CA 92648 Huntington Beach,CA 92649 Business Owner/Operator: Okiennica Jadwiga Business Owner/Operator: Mulan Kuo,Victor Ali Colonial Inn Youth Hostel 421 8'St. Huntington Beach, CA 92648 Business Owner/Operator: James Parkinson . • Res. No. 2002-69 Ex. B Res. No. 2002-69 Ex. B EXHIBIT B HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT The BID assessment will be used to establish the Huntington Beach Hotel/Motel Business Improvement District("HBH/MBID"). The HBH/MBID will actively fund marketing activities to promote Huntington Beach as an overnight tourist destination to benefit all of the hotels and motels in Huntington Beach. The BID fiscal year will be from October 1"to September 30th. Huntington Beach Hotel/Motel Business Improvement District FY2002-2003 Budget EXPENDITURES Marketing Activities Promoting Huntington Beach as an overnight tourist destination, including: • Development of Website • Visitor Survey • Brochures and Collateral Material • Trade Shows Booth Representation • Establish Photo Library • Establish Publicity Materials • Other related activities Anticipated Expenditures: $350,000 REVENUE 1% levy on Hotel and Motel overnight room stay in Hotels and Motels listed in Exhibit A Anticipated Revenue: $350,000 Res. No. 2002-69 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 15th day of July, 2002 by the following vote: AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Letter from H.B. CVB ATTACH M�I-E"��N'T #2 rum J RECEIVE® � lz APR 2 5 2002 CITY OF HUNTiNGTON REACH April 24, 2002 ADMINISTRATIVE OFFICE l� toy each S01.11heOl California's Coastal Pla tgrou7,a ' V F-Mir. Ray Silver City Administrator APR 2 6 2W City of Huntington Beach 2000 Main Street t} AFtI MEET Huntington Beach, CA 92648 E€;0NOmIG D!E`+If=LOP"lrN Dear Ray: On behalf of the Board of Directors for the Huntington Beach Conference and Visitors Bureau, I would like to ask your help to establish a Business Improvement District covering all hotels within the City limits. We would like the BID to be up and running on October 1, 2002. It would levy a one percent assessment on hotel guests utilizing the same criteria and restrictions as the City's transient occupancy tax. The funds collected by the new BID are to be dedicated to additional promotional and sales activities required to establish, grow and maintain Huntington Beach as an overnight travel destination. The Huntington Beach Conference and Visitors Bureau Board of Directors would serve as the advisory Board for the new BID and the bureau would be charged with the implementation and management of all activities. A recent survey of all 19 hotels/motei owners within the City determined that a sizeable majority of them support or will go along with the creation of a BID as outlined. We thank you in advance for your prompt attention to this matter. Sincerely, Douglas C. Traub President&CEO cc: David Biggs, Christy Teague 417 Main Street • Huntin(�ton Beach. California 92648-5131 • 714-969-3492 • FAX 714-969-5592 • 1-800-SAY-OCEAN wwlv.hhvisit.com • Email hhvisit@ix.netcom.com • ! RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Establishment of Huntington Beach Hotel/Motel Business Improvement District COUNCIL MEETING DATE: July 15, 2002 ..;RCA ATTACHMENTTATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney Not Applicable Subleases, Third Party Agreements, etc. Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS' REVIEWED ' x, RET D e FORWARDED, Administrative Staff Assistant City Administrator (Initial) City Administrator Initial Git Clerk EXPLANATI ',N FOR R TURN" F IT'EM: (Below • RCA Author: Teague,5088 �a Huntington Beach Hotel/Motel �- r Business Improvement District C.' r July 15, 2002 Agenda Item F-2 s Huntington Beach HoteUMotel Business Improvement District Background On May 20, 2002, City Council held a Study Session on efforts to transform Huntington Beach to an overnight - 1011 destination. The Huntington Beach CVB sent letter to the City requesting assistance in forming a business improvement district for the hotel/motel industry. ' CVB surveyed the 19 hotels and motels and found support for a BID to promote Huntington Beach overnight stays. BID revenues to supplement current CVB contract with the City. e � - 2 LA--E Qmm WVICATIA) 1 Huntington Beach Hotel/Motel Business Improvement DistrictIN Business Improvement Districts Established according to California State Law "Parking and Business Improvement Area Law of 1989." c Proposed BID would be second in Huntington Beach. Huntington Beach Auto Dealer Business Improvement District in existence since 1992. Annual renewal of City Council required. W r Huntington Beach Hotel/Motel Business Improvement District AM Proposed BID Summary ° Would promote City as overnight destination without increasing the City's annual contract amount with the Conference &Visitors Bureau. Proposed 1% levy assessed on hotel/motel overnight stays. CVB Board to serve as BID Advisory Board. \ Hotel/Motel BID will make Huntington Beach Conference and Visitors Bureau a public/private partnership. Similar to BIDS currently in place in cities of Costa Mesa and Laguna Beach to support visitors bureaus. 2 .w ........... .............................. ------ ....................... Huntington Beach Hotel/Motel Business Improvement District s Recommended Action N Adopt Resolution of the City Council Indicating the City's Intention to Create and Establish a Business Improvement District called the"Huntington Beach Hotel/Motel Business Improvement District," Concerning all of the Hotels and Motels Located Within the City, and Setting a ON Public Hearing Date of August 5, 2002 to Formally Establish Business Improvement District and to Levy Assessments. 3 Smooth Feed SheetsTM ® Use template for 51600 Business Owner/Operator: John Gilbert Business Owner/Operator:Bob Wentworth Business Ownerjonho Intemat'I-Diane Beadling Hilton Waterfront Beach Resort Hyatt Regency Huntington Beach Spa&Resort Best Western Regency Inn 21100 Pacific Coast Highway 21500 Pacific Coast Highway 19360 Beach Blvd. Huntington Beach,CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Business Owner/Operator:Chandu Patel Business Owner/Operator:Ming Shin Kou Business Owner/Operator:Kiran Patel Comfort Suites Hotel Huntington Beach Howard Johnson Express Inn&Suites 16301 Beach Blvd. 7667 Center Avenue 17251 Beach Blvd. Huntington Beach,CA 92647 Huntington Beach,CA 92647 Huntington Beach,CA 92647 Business Owner/Operator:A.Lien Chao Business Owner/Operator: Jitendra P.Barot Business Owner/Operator:Okeiennica Jadwiga Beach Inn Sun'N Sands Motel Beach Comfort Motel 18112 Beach Blvd. 1102 Pacific Coast Highway 118 Eleventh St. Huntington Beach.CA 92646 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Business Owner/Operator:James Parkinson Business Owner/Operator:Alfred Skistimas Business Owner/Operator:Dev Chauhan Colonial Inn Youth Hostel Edelweiss Inn Extended Stay America 421 8m St. 7561 Center Ave.,#46 5050 Skylab West Circle Huntington Beach,CA 92648 Huntington Beach,CA 92647 Huntington Beach,CA 92647 Business Owner/Operator:Raju Patel Business Owner/Operator:Young Ja Zahedi Business Owner/Operator:Long Han,Jennifer Phi Guest House International Inn Huntington Suites Huntington Surf Inn 18382 Beach Blvd, 727 Yorktown Ave. 720 Pacific Coast Highway Huntington Beach,CA 92648 Huntington Beach,CA 9248 Huntington Beach,CA 92648 Business Owner/Operator:Pravin Patel Business Owner/Operator: Khushbu,LLC— Business Owner/Operator:Ken Patel Ocean View Motel Jayesh Patel Quality Inn 16196 Pacific Coast Highway Pacific View Inn&Suites g y 16220 Pacific Coast Highway 800 Pacific Coast Highway Huntington Beach,CA 92649 Huntington Beach,CA 92649 Huntington Beach,CA 92648 Business , Owner/0 erator:Mulan Kuo Victor Ali P 777 Motor Inn 16240 Pacific Coast Highway Huntington Beach,CA 92649 City Of Huntington Beach Hotels & Motels Included In Huntington Beach Hotel Industry Business Improvement Area -.� AVERIf® Address Labels Laser 5960T`" CITY Of UTIMTOn btACH fCOnO/11C DfVf 0P/ fflT XPAPtT PTU-OfflT 11MOPAMM To: Connie Brockway, City Clerk From: Jim Lamb, Business Developmen Re: Publishing of Resolution: Hotel B Date: July 17, 2002 On July 15, 2002, the City Council adopted Resolution 2002-69, relating to the potential establishment of a hotel Business Improvement District, and setting a public hearing on August 5 relating to same. In accordance with Streets and Highways Code section 36523(a), attached, please publish said "resolution of intention in a newspaper of general circulation in the city once, for at least seven days before the public hearing." , We Wil �L nys o Again, thank you and your staff for all of their help, and please call me if you have any questions or require additional information. XC: David C. Biggs; Christy Teague RESOLUTION NO. 2002-69 A RESOLUTION 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 HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT," CONCERNING ALL OF THE HOTELS AND MOTELS LOCATED WITHIN THE CITY, AND SETTING A PUBLIC HEARING DATE OF AUGUST 5, 2002,TO FORMALLY ESTABLISH SAID BUSINESS IMPROVEMENT DISTRICT AND TO LEVY ASSESSMENTS THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Huntington Beach hereby finds and declares as follows: 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 area proposed by this resolution of intention is to fund activities to promote tourism and related tourist events which benefit the hotel and motel businesses within the City of Huntington Beach; and WHEREAS, a sizeable majority of the hotel and motel businesses within the City of Huntington Beach requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish a hotel and motel business benefit area within the City of Huntington Beach and to levy a special assessment to promote tourism and tourist related events; and WHEREAS, this resolution of intention will commence proceedings under the Parking and Business Improvement Area Law of 1989. SECTION 2. The City Council of the City of Huntington Beach hereby intends to do the following: (a) A business improvement area is proposed to be established pursuant to Streets and Highways Code §36500 et seq. with the boundaries of the territory to be included in the area as set forth in Exhibit"A", attached hereto and incorporated herein by this reference. Further, a business improvement area is proposed to be established with the boundaries of the benefit zone within the area as set forth in Exhibit"A". 02reso/r w/business improve/7/3/02 1 • Res. No. 2002-69 (b) A business improvement area is proposed to be established with the following name: "Huntington Beach Hotel/Motel 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 `B". (f) New hotel and motel businesses 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 `B". (See, generally Streets and Highways Code §36531.) (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 5, 2002, 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 02reso/dw/business improve/7/3/02 2 • Res. No. 2002-69 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 by the City Council. SECTION 3. The City Council of the City of Huntington Beach does hereby appoint the current or future members of the Board of Directors of the Huntington Beach Conference and Visitors' Bureau, whomever those persons may be, to constitute an advisory board: (a) to make recommendations to the City Council on the provisions of the resolution of intention and such report shall be considered at the public hearing set forth above; and (b) to fulfill those duties entrusted to such board under Streets and Highways Code §36530. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach does hereby adopt this resolution of intention as set forth herein, and Exhibits "A" and"B" attached hereto and incorporated by this reference. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of July , 2002. bA& 64k,--, Mayor ATTEST: APPROVED AS TO FORM: City Clerk 67-17'0 ;L City Atj rney V REVIEWED AND APPROVED: INITIATED AND APPROVED: City Adm' istrator Director of Econom c Development 02reso/dw/business improve/7/3/02 3 • • Res. No. 2002-69 Ex. A • EXHIBIT A • Res. No. 2002-69 Ex. A CITY OF HUNTINGTON BEACH HOTELS AND MOTELS INCLUDED IN HUNTINGTON BEACH HOTEL INDUSTRY BUSINESS IMPROVEMENT AREA The BID benefit zone encompasses the entire City of Huntington Beach boundaries. It is anticipated that the entire City including businesses and residents will benefit from increased revenues generated by the activities of the BID. The following businesses will be included in the business improvement area established pursuant to California Streets and Highways Code Section 36500 et. seq.: Hilton Waterfront Beach Resort Edelweiss Inn 21100 Pacific Coast Highway 7561 Center Ave.,#46 Huntington Beach,CA 92648 Huntington Beach,CA 92647 Business Owner/Operator:John Gilbert Business Owner/Operator:Alfred Skistimas Hyatt Regency Huntington Beach Spa and Resort Extended Stay America 21500 Pacific Coast Highway 5050 Skylab West Circle Huntington Beach,CA 92648 Huntington Beach,CA 92647 Business Owner/Operator:Bob Wentworth Business Owner/Operator:Dev Chauhan Best Western Regency Inn Guest House International Inn 19360 Beach Blvd. 1 18382 Beach Blvd. Huntington Beach,CA 92648 Huntington Beach,CA 92648 Business Owner/Operator:Tonho International-Diane Business Owner/Operator:Raju Patel Beadling Comfort Suites Huntington Suites 16301 Beach Blvd. 727 Yorktown Ave. Huntington Beach,CA 92647 Huntington Beach,CA 92648 Business Owner/Operator: Chandu Patel Business Owner/Operator:Young Ja Zahedi Hotel Huntington Beach Huntington Surf Inn 7667 Center Ave. 720 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach, CA 92648 Business Owner/Operator:Ming Shin Kou Business Owner/Operator: Long Han,Jennifer Phi Howard Johnson Express Inn&Suites Ocean View Motel 17251 Beach Blvd. 16196 Pacific Coast Highway Huntington Beach, CA 92647 Huntington Beach,CA 92649 Business Owner/Operator:Kiran Patel Business Owner/Operator:Pravin Patel Beach Inn Pacific View Inn&Suites 18112 Beach Blvd. 16220 Pacific Coast Highway Huntington Beach,CA 92646 Huntington Beach, CA 92649 Business Owner/Operator:A.Lien Chao Business Owner/Operator:Khushbu,LLC-Jayesh Patel Sun`N Sands Motel Quality Inn 1102 Pacific Coast Highway 800 Pacific Coast Highway Huntington Beach,CA 92648 Huntington Beach,CA 92648 Business Owner/Operator:Jitendra P.Barot Business Owner/Operator:Ken Patel Beach Comfort Motel 777 Motor Inn 118 Eleventh St. 16240 Pacific Coast Highway Huntington Beach, CA 92648 Huntington Beach,CA 92649 Business Owner/Operator:Okiennica Jadwiga Business Owner/Operator:Mulan Kuo,Victor Ali Colonial Inn Youth Hostel 421 8`'St. Huntington Beach,CA 92648 Business Owner/Operator:James Parkinson 8 1181HX3 g •xg 69-ZOOZ *ON 'Sag • ® Res. No. 2002-69 Ex. B EXHIBIT B HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT The BID assessment will be used to establish the Huntington Beach Hotel/Motel Business Improvement District("HBH/MBID"). The HBH/MBID will actively fund marketing activities to promote Huntington Beach as an overnight tourist destination to benefit all of the hotels and motels in Huntington Beach. The BID fiscal year will be from October 1S`to September 30`h. Huntington Beach Hotel/Motel Business Improvement District FY2002-2003 Budget EXPENDITURES Marketing Activities Promoting Huntington Beach as an overnight tourist destination, including: • Development of Website • Visitor Survey • Brochures and Collateral Material • Trade Shows Booth Representation • Establish Photo Library • Establish Publicity Materials • Other related activities Anticipated Expenditures: $350,000 REVENUE 1% levy on Hotel and Motel overnight room stay in Hotels and Motels listed in Exhibit A Anticipated Revenue: $350,000 Res. No. 2002-69 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 15th day of July, 2002 by the following vote: AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Notes of Decisions (h) State that at the hearing the testimony of all interested persons for or against the establishment of In general 1 ment of business improvement district(BID), the area,the extent of the area,or the furnishing of specified types of improvements or activities will be and ordinance which authorized imposition of heard. The notice shall also describe, in summary, the effect of protests made by business owners on businesses for BIDS; owner registered`pr, against the establishment of the area- the extent of the area, and the furnishing of a specified type of ant to relevant statute by checldng appropriate improvement or activity,as provided in Section 36524. 1. in general ballot, and also wrote city council prior t< (Added by Stats.1989,e.591,§ 2.) Business owner exhausted her administrative remedies hearing. Evans v.City of San Jose(App.6 I so as to permit her action challenging town's establish- Ca1.Rptr.2d 601,3 Cal.AppAth 728,review den Historical and Statutory Notes 1989 Legislation Derivation: Former § 36521, added by Stats.1979, c. § 36523.5. Notice of public hearing; procedures Former§ 36522,added by Stats.1979,c.372,§ 1,relat- 372,§ 1,amended by Stats.1985,c.70,§ 1. Notwithstanding Section 36523, prior to adopting any new or increased assessment, the c ing to notice and publication of hearing,was repealed by Stats.1989,c.591,§ 1. See,now,§ 36523. shall give notice pursuant to Section 54954.6 of the Government Code in lieu of publishing notic, to subdivision(a)of Section 36523. Library References (Added by Stats.1993,C.1194(S.B.376),§ 26,eff.Oct.11,1993.) Legal Jurisprudences Historical and Statutory Notes Cal Jur 3d Pub Improv§ 59. 1993 Legislation "The provisions of this act are declarative Section 27 of Stats.1993,c.1194(S.B.376)provides: law." Notes of Decisions § 36524. Hearing; protests; filing; content Assessment on businesses 1 1999) 84 Cal.Rptr.2d 804, 72 Cal.AppAth 230, review Special tax 2 (a) At the public hearing,the city council shall hear and consider all protests against denied. of the area, the extent of the area, or the furnishing of specified types of improversSof 2. Special tax within the area. A protest may be made orally or in writing by any interested person. A pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clean 1. Assessment on businesses Levy on business owners in Business Improvement the irregularity or defect to which the objection is made. Ordinance imposing Business Improvement District District(BID)for improvements and activities of benefit (b) Every written protest shall be filed with the clerk at or before the time fixed for the publ (BID)assessment on businesses,rather than real proper- to businesses within BID, imposed pursuant to Parldng t , and Business Improvement The city council may waive any irregularity in the form or content of any written protest and at y pursuant to Parking and Business Improvement Area provement Area Law of 1989,was not a Law of 1989,for services and improvements of benefit to "special tax" within constitutional provision prohibiting hearing may correct minor defects in the proceedings. A written protest may be withdrawn in I BID businesses was not"assessment"within definition of local governments from imposing,extending or increasing any time before the conclusion of the public hearing. constitutional amendment prohibiting assessments levied special taxes without voter approval Howard Jarvis Tax- ption of the business in which the person subs, i upon "real property" without voter approval. Howard payers Assn.v. City of San Diego(App.4 Dist. 1999)84 (e) Each written protest shall contain a descri Jarvis Taxpayers Assn.'v.City of San Diego(App.4 Dist. Ca1.R tAss 804,72 Cal protest is interested sufficient to identify the business and,if a person subscribing is not she P. .App.4th 230,review denied. official records of the city as the owner of the business,the protest shall contain or be accon written evidence that the person subscribing is the owner of the business. A written protest I § 36523.. Notice of public hearing, publication or mailing of resolution not comply with this section shall not be counted in determining a majority protest. (Added by Stats.1989,c.591,§ 2.) Notice of a public hearing* * *held under* * *Section 36524,36541,36542,or 36550* * *shall be Historical and Statutory Notes given by both of the following: 1989 Legislation Derivation: Former § 36523, added by S (a) Publishing the resolution of intention in a newspaper of general circulation in the cit once,for at Former§ 36524,added by Stats.1979,c.372,§ 1,relat- 372,§ 1,amended by Stats.1987,c.1388,§ 33. least seven days before the public hearing, y ing to change of boundaries,was repealed by Stats.1989,c. 591,§ I. (b) Mailing of a complete copy of the resolution of intention by fast-class mail to each business owner in the area within seven days of the city council's adoption of the resolution of intention. (e) Notwithstanding subdivision (b), in the case of an area * * * established primarily to promote § 36525. Majority protest; delay in proceedings for 1 year } tourism;a copy of the resolution of intention shall be mailed by first class mail* * *within seven days of (a) If written protests are received from the owners of businesses in the proposed area whit the city councils.adoption of the resolution of intention,to the owner of each business in the area which 50 percent or more of the assessments proposed to be levied and protests are not withdraw will be subject to assessment. reduce the protests to less than that 50 percent, no further proceedings to create the specific and business improvement area or to levy the proposed assessment, as contained in the re (Added by Stats.1989, c. 591, § 2. Amended by Stats.1991, c. 1110 (S.B.682), § 46; Stats.1992, e. 1234 intention,shall be taken for a period of one year from the date of the finding of a majority prot (S.B.1977),§ 41; Stats.1993,c.1194,§ 25,eff.Oct.11,1993.) city council. Additions or changes indicated by underline; deletions by asterisks * * * Additions or changes Indicated by underline; deletions by asterisks 'i 202 203 i. i' ' �lic Hearing Scheduled on ;XJ Q''13_az 0 'aZ August 5, 2002 at 7:00 p.m. for: RESOLUTION NO. 2002-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTNGTON BEACH INDICATING THE CITY'S INTENTION TO CREATE AND ESTABLISH A BUSINESS IMPROVEMENT DISTRICT ("BID"), CALLED THE"HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT,"CONCERT�7G ALL OF THE HOTELS AND MOTELS LOCATED WITHIN THE CITY,AND SETTING A PUBLIC HEARING DATE OF AUGUST 5, 2002,TO FORMALLY ESTABLISH SAID BUSINESS IMPROVEMENT DISTRICT AND TO LEVY ASSESSMENTS THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Huntington Beach hereby finds and declares as follows: 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 area proposed_by this resolution of intention is to fund activities to promote tourism and related tourist events which benefit the hotel and motel businesses within the City of Huntington Beach; and WHEREAS, a sizeable majority of the hotel and motel businesses within the City of Huntington Beach requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish a hotel and motel business benefit area within the City of Huntington Beach and to levy a special assessment to promote tourism and tourist related events; and WHEREAS, this resolution of intention will commence proceedings under the Parking and Business Improvement Area Law of 1989. SECTION 2. The City Council of the City of Huntington Beach hereby intends to do the following: (a) A business improvement area is proposed to be established pursuant to Streets and Highways Code §36500 et seq. with the boundaries of the territory to be included in the area as set forth in Exhibit"A",attached hereto and incorporated herein by this reference. Further, a business improvement area is proposed to be established with the boundaries of the benefit zone within the area as set forth in Exhibit"A". (All Exhibits on file for Public Review in the City Clerk's Office.) (b) A business improvement area is proposed to be establishoith the following name: "Huntington Beach Hotel/Motel 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`B". (f) New hotel and motel businesses 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`B". (See, generally Streets and Highways Code §36531.) (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 5, 2002, 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 maybe withdrawn in writing at any time before the conclusion of the public hearing set forth above. 0) 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 by the City Council. SECTION 3. The City Council of the City of Huntington Beach does hereby appoint the current or future members of the Board of Directors of the Huntington Beach Conference and Visitors' Bureau,whomever those persons may be,to constitute an advisory board: (a)to make recommendations to the City Council on the provisions of the resolution of intention and such report shall be considered at the public hearing set forth above; and(b)to fulfill those duties entrusted to such board under Streets and Highways Code§36530. NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Huntington Beach does hereby adopt this resolution of intention as set forth herein, and Exhibits"A"and"B" attached hereto and incorporated by this reference. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular. meeting thereof held on the 15th day of July ,2002. /S/ Debbie Cook Mayor ATTEST: /S/ Connie Brockway City Clerk Aug*P tic Hearing Scheduled on �I�SI 5, 2002 at 7:00 p.m. for: , 7on PASTE RESOLUTION NO. 2002-69 A RESOLUTION 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"HUNT TINGTON BEACH HOTELJMOTEL BUSINESS IMPROVEMENT DISTRICT,"CONCERNING ALL OF THE HOTELS AND MOTELS LOCATED WITHIN THE CITY,AN HEARING SETTING A PUBLIC HEARING DATE OF AUGUST 5, 2002,TO FORMALLY ESTABLISH SAID BUSINESS IMPROVEMENT DISTRICT AND TO LEVY ASSESSMENTS THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Huntington Beach hereby finds and declares as follows: 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 area proposed_by this resolution of intention is to fund activities to promote tourism and related tourist events which benefit the hotel and motel businesses within the City of Huntington Beach; and WHEREAS, a sizeable majority of the hotel-and motel businesses within the City of Huntington Beach requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish a hotel and motel business benefit area within the City of Huntington Beach and to levy a special assessment to promote tourism and tourist related events; and WHEREAS, this resolution of intention will commence proceedings under the Parking and Business Improvement Area LaNv of 1989. SECTION 2. The City Council of the City of Huntington Beach hereby intends to do the following: (a) A business improvement area is proposed to be established pursuant to Streets and Highways Code §36500 et seq. with the boundaries of the territory to be included in the area as set forth in Exhibit"A", attached hereto and incorporated herein by this reference. Further, a business improvement area is proposed to be established with the boundaries of the benefit zone within the area as set forth in Exhibit"A". (All Exhibits on file for Public Review in the City Clerk's Office.) (b) A business imp*ent area is proposed to be establishoth the following name: "Huntington Beach Hotel/Motel 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". Z, (d) The proposed assessment will be levied annually to pay for all improvements and r 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`B". (f) New hotel and motel businesses 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`B". (See, generally Streets and Highways Code §36531.) (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 5, 2002, 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. 0) 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 shaft be counted in determining a majority protest. (k) If written protests are received from the owners of businesses in the proposed j business improvement area which will pay fifty percent(50%)or more of the w 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 by the City Council. SECTION 3. The City Council of the City of Huntington Beach does hereby appoint the current or future members of the Board of Directors of the Huntington Beach Conference and Visitors' Bureau,whomever those persons may be,to constitute an advisory board: (a)to make recommendations to the City Council on the provisions of the resolution of intention and such report shall be considered at the public hearing set forth above; and(b)to fulfill those duties entrusted to such board under Streets and Highways Code §36530. NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Huntington Beach does hereby adopt this resolution of intention as set forth herein,and Exhibits"A"and`B" attached hereto and incorporated by this reference. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular. meeting thereof held on the 15th day of July ,2002. /S/ Debbie Cook Mayor ATTEST: /S/ Connie Brockway City Clerk �41e�enme fn ` THE CITY OF HUNTINGTON BEACH OVERSIZED DOCUMENT ON FILE WITH CITY CLERK