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Home My WebLink AboutAPPROVED FOR INTRODUCTION ORDINANCE NO. 4041 DISSOLVING THE Dept. ID ED 14-40 Page 1 of 1 Meeting Date: 11/3/2014 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/3/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Ken A. Domer, Assistant City Manager Kellee Fritzal, Deputy Director, Office of Business Development SUBJECT: Approve for introduction Ordinance No. 4041 dissolving the Huntington Beach Hotel/Motel Business Improvement District (BID) Statement of Issue: On October 6, 2014, the City Council adopted Resolution No. 2014-76 declaring the City's intention to dissolve the Huntington Beach Hotel/Motel Business Improvement District (BID) and fixing the time and place of a Public Hearing to November 3, 2014. This action adopts an ordinance dissolving the BID. Financial Impact: There is no fiscal impact with the adoption of the Ordinance. Recommended Action: Approve for introduction Ordinance No. 4041, "An Ordinance of the City of Huntington Beach Disestablishing the Huntington Beach Hotel/Motel Business Improvement District by Repealing Uncodified Ordinance Number 3569." Alternative Action(s): Do not adopt Ordinance and direct staff as necessary. Analysis: On September 15, 2014, the City Council adopted Resolution No. 2014-72 establishing the new Huntington Beach Tourism Business Improvement District (TBID). Previously, in August 2002, the City Council formed a business improvement area, known as the Huntington Beach Hotel/Motel Business Improvement District (the "BID"), by the passage of Ordinance No. 3569. With the establishment of the new TBID, the former 1989 BID is no longer required. Therefore, the City Council is requested to dissolve the former BID. Accordingly, it is recommended that the City Council hold the first reading and adopt an Ordinance dissolving the former BID. Environmental Status: Not Applicable. Strategic Plan Goal: Enhance quality of life Attachment(s): 1. Ordinance No. 4041, "An Ordinance of the City of Huntington Beach Disestablishing the Huntington Beach Hotel/Motel Business Improvement District by Repealing Uncodified Ordinance Number 3569." Item 15. - 1 HB -506- ORDINANCE NO. 4041 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DISESTABLISHING THE HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT BY REPEALING UNCODIFIED ORDINANCE NUMBER 3569 The City Council of the City of Huntington Beach does hereby ordain as follows: 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 special assessments to promote tourism; On August 19, 2002, the City Council adopted an uncodified Ordinance No. 3569 establishing the business improvement area with the name, Huntington Beach Hotel/Motel Business Improvement District("District"), and levied an assessment on businesses within the HBH/MBID; This ordinance is adopted pursuant to the Parking and Business Improvement District Area Law of 1989, Streets and Highways Code section 36550 and Resolution Number 2014-76, adopted by the City Council on October 6, 2014, entitled a"Resolution of the City of Huntington Beach Declaring its Intention to Disestablish the Huntington Beach Hotel/Motel Business Improvement District." The resolution was published and mailed as provided by law. A public hearing was held by the City Council at its regular meeting on November 3, 2014, at which time all persons desiring to be heard and all objections made or filed were fully heard The City Council of the City of Huntington Beach by this uncodified ordinance does hereby: A. Find and determine that the public interest and the interest of the assessed businesses require disestablishment of the District for reasons given in the Resolution of Intention attached hereto. B. Pursuant to Section 36550 of the Parking and Business Improvement Area Law of 1989, uncodified Ordinance No. 3569, including any amendments thereto establishing the Huntington Beach Hotel/Motel Business Improvement District, is hereby repealed and the District is disestablished. 14-4313/113045.doc 1 Ordinance No. 4041 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of November , 2014. May ATTEST: APPROVED AS TO FORM: ity Clerk '1--j Citf Attorney REVIEW APPROVED: INITIATED AND APPROVED: Citp4KKjger Depdty Director of EE§Womic Development Attached: Resolution No. 2014-76, Declaring Intention to Disestablish the Hotel/Motel Business Improvement District 144313/113045.doe 2 RESOLUTION NO.2014- 76 A RESOLUTION OF THE CITY COUNCIL OF THE CITE' OF HUNTINGTON BEACH DECLARING ITS INTENTION TO DISESTABLISH THE HUNTINGTON BEACH HOTELIMOTEL BUSINESS IMPROVEMENT DISTRICT WHERE-AS, on August 19, 2002 the City Council of Huntington Beach ("City Council") adopted Ordinance Number 3569 establishing the Huntington Beach Hotel/Motel Business Improvement District("District"); and The Property and Business Improvement District Law of 1989, Streets and Highways Code §36600 et seq. ("89 Law"), allows the City Council to disestablish the District; and The City Council has established a new tourism business improvement district, and now intends to disestablish the District; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: 1. The recitals set forth herein are true and correct. 2. The City Council declares its intention to disestablish the Huntington Beach Hotel/Motel Business Improvement District. 3. The time and place for a public hearing on the disestablishment of the District are set for 6:00 PM, or as soon thereafter as the matter may be heard, on November 3, 2014, at the Council Chambers, 2000 Main Street,Huntington Beach, CA 92648. 4. The City Council intends to disestablish the District because it has formed a new tourism business improvement district under the Property and Business Improvement District Act of 1994. The proposed new district will contain the same businesses. The City Council proposes transferring any assets to the new district. 5. Any remaining revenues derived from the levy of assessments or sale of assets shall be refunded to the owners currently located and operating within the area as set .forth in Streets and Highways Code Section 36551. 6. The City Clerk is directed to provide notice of the public hearing, by publishing and mailing this resolution, in accordance with Streets and Highways Code § 36523. 7. This resolution shall take effect immediately upon its adoption by the City Council. 14-4313/111970 1 HB -509- Item 15. 4 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on October 6 , 2014. 4L APPROVED AS TO FORM: r i 1 ' City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City ager Deputy Director conomic Development 14-4 13''111970 2 Item 15. - 5 HB -5 10- Res. No. 2014-76 STATE OF CALIFORNIA COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH ) I, .LOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on October 6, 2014 by the following vote: AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio NOES: None ABSENT: None ABSTAIN: None OA 44f,JIMA 0) City 99yerk and ex-officio flerk of the City Council of the City of Huntington Beach, California z HB -511- Item 15. - 6 Ord. No. 4041 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on November 3, 2014, and was again read to said City Council at a Regular meeting thereof held on November 17, 2014, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Katapodis, Hardy, Shaw, Boardman, Sullivan, Carchio NOES: None ABSENT: Harper ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 27,2014. - In accordance with the City Charter of said City Joan L. Flynn, City Clerk Ci+rk and ex-of erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California