The URL can be used to link to this page

Home My WebLink AboutIntroduce Ordinance No. 3797 Amending Ordinance No. 3661 Whi Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug. 24, 1994,case A5 0479. PROOF OF PUBLICATION STATE OF CALIF'ORNiA ) ) SS. COUNTY OF ORANGE ) CITY OF . � 1 am the Citizen of the United States and a HUNTINGTON BEACH tEGALNOT10E resident of the County aforesaid; I am over ORDINANCE NO.37 Y the age of eighteen years, and not a party FEBRu ficlARY 9,n2o- to or interested in the below entitled matter. ORDINANCE OF THE CITY OF HUNTING- clerk of the HUNTINGTON TON BEACH;AMENDING am a principal ORDINANCE N0. �3661 BEACH INDEPENDENT, P a newspaper of WHICH ESTABLISHED THE HUNTINGTON general circulation, printed and published in BEACH NDOs sNTOMN the Cityof Huntington Beach, Count of PROVEMENTDISTRICT" g Y SYNOPSIS: Orange, State of California, and the 2Q04 SEPTEMBER;7, 04, CITY COUNCIL AP- attached Notice is a true and complete copy PROVED., ORDINANCE 3661 ESTABLISHING THE as was printed and ' published cn the HUNTINGTON.0 BEACH DOWNTOWN BUSINESS following date(s). IMPROVEMENT DISTRICT. BTA LAW, ED BY SE COUN- CIL APPOINTED A 'BID ADVISORY_ GROUP `TO PROVIDE RECOMMENDA- TIONS TO.CITY COUNCIL REGARDING BID-ANNU- AL .ASSESSMENTS. IN ORDER TO BETTER AS- SESS ZOOS SEES THE NEEDS OF EBRUARY 2 8� r,THE DOWNTOWN BID,;IT IBIS NECESSARY TO AMEND. ORDINANCE �1161 TO PROVIDE CITY COUNCIL' THE- ABILITY TO APPOINT A BID ADVI- SORY BOARD,BY RES- OLUTION.. PASSED AND ADOPTED 'by,the City Council of the City of; Huntington Beach at a -regular meeting held February 19, .2008,by, declare, under penalty of perjury, that the the following roll call, vote: foregoing Is true and correct. AYES- Hansen, Hardy,! Bohr, Cook, .Coerper, Green,Carchlo' NOES:None ABSTAIN:None 'ABSENT:None Executed on FEBRUARY 2 H, 2 O O 8 THE FULL TEXT OF THE ORDINANCE IS AVAIL- at Huntington Beach, California CABLE ,LERK'S N, THE :CITY This ordinance Is effdc- tive '30 days after - adoption. CITY/r OF,HUNTINGTON BEACH 2000 MAIN STREET ® HUNTINGTON BEACH, Signature CA 92648 714-536-5227 70AN L.FLYNN, CITY CLERK Published Huntington Beach Independent Feb- ruary 28,2008 - 024-380 , 02/26/081 TUE 11:14 FAX 949 646 50018 DAILX PILOT-LGL DEPT 11 ... ..... 001 CLASSIFIED prDail Pilot ADVERT!SiNG •. .. Dayy Prlrited 6y:996ii Sandrine Cann -deb 26, 008,1003 am , Salesperson: I ° • ° Phone: Ad#30563790 Accountinformation Ad Information., Phone#::(714)536-5227 Start-date:02-28-08 Size;1 x75.410 Name: CITY OF HUNTINGTON BEACH Stop date_02-28-08 Billed size` 7.50 TCN Inch Address: P.O.BOX 784 Insertions 1 Keyword HUNTINGTON BEACH,CA 92648 ..Rate code'&Legal Huntington Beach Adtype Liner Taken by 9966 Sandrine Gann Acct#: 277391004 Classification; 13000-LegalNatices Publications TCN HBI Client: Clerk's office-City Huntington Beach Placed by::. Patty Esparta Fax#: (714)374.1557 Ad Copy: CITY OF HUNTINGTON BEACH LEGAL NOTICE U ORDINANCE NO.3797 Adopted by the City ( Council on FEBRUARY 19,2008 "AN ORDINANCE OF THE CITY OF HUNTING- c TON BEACH, AMENDING ORDINANCE NO. 3661 WHICH ESTABLISHED THE HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVE- MENT DISTRICT" SYNOPSIS: ON SEPTEMBER 7, 2004, CITY COUNCIL APPROVED ORDINANCE 3661 ESTABLISHING THE HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID). AS REQUIRED BY STATE LAW, CITY COUNCIL APPOINTED A "BID ADVISORY GROUP" TO PROVIDE RECOM- MENDATIONS TO CITY COUNCIL REGARDING BID ANNUAL ASSESS- MEN.TS. IN ORDER TO BETTER ASSESS THE NEEDS OF THE DOWN- TOWN BID, IT IS NEC- ESSARY TO AMEND ORDINANCE 3661 TO PROVIDE CITY COUNCIL THE ABILITY TO APPOINT A BID ADVISORY BOARD BY RESOLUTION. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held February 19.2008 by the following roll call vote: AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green,Carchio NOES:None ABSTAIN.None ABSENT:None THE FULL TEXT OF THE ORDINANCE IS AVAIL- ABLE IN THE CITY CLERK'S OFFICE. This ordinance is ef- fective 30 days after adoption. CITY OF HUNTINGTON BEACH --- ad proof pg.1 --- 02/26/08 TUE 11:15 FAX 949 646 5008 DAILY PILOT-LU DEFT Q 002 CLASSIFIED . ADVERTISING Pr1ntedkiy.99665andrine ann` - " " Feb2s;2008,100ai Salesperson: Phone: Ad#30563790 HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L.FLYNN, CITY CLERK Published Huntington Beach independent r� c February 28,2008 1. 024-380 V {. --- ad proof pg.2 -- 46�46- 7 L�tk�L/7O� Council/Agency Meeting Held: 01 0 r Deferred/Continued to: AA7 D % XAppro ed ❑ Conditionally Approved ❑ Denied "&-.r0Cify Iej 's Sign tune Council Meeting Date: 2/4/2008 Department ID Number: ED08-04 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEM SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT: Amend Ordinance and Adopt Resolution for the Huntington Beach Downtown Business Improvement District Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On September 7, 2004, City Council approved Ordinance 3661 establishing the Huntington Beach Downtown Business Improvement District (BID). As required by state law, City Council appointed a "BID Advisory Group" to provide recommendations to City Council regarding BID annual assessments. In order to better assess the needs of the downtown BID, it is necessary to amend Ordinance 3661 to provide City Council the ability to appoint a BID Advisory Board by resolution. Funding Source: n/a Recommended Action: Motion to: 1. Adopt City Ordinance No. 3797 , an ordinance of the City of Huntington Beach amending Ordinance No. 3661 which established the Huntington Beach Downtown Business Improvement District. 2. Adopt Resolution No. 2008-04, a Resolution of the City Council of the City of Huntington Beach designating the Downtown Business Improvement District as the Downtown BID Advisory Board. Alternative Action(s): 1. Do not adopt City Ordinance No. 3797 an ordinance of the City of Huntington Beach amending Ordinance No. 3661 which established the Huntington Beach Downtown Business Improvement District. 2. Do not adopt Resolution No.2008-04 , a Resolution of the City Council of the City of Huntington Beach designating the Downtown Business Improvement District as the Downtown BID Advisory Board. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/4/2008 DEPARTMENT ID NUMBER: ED08-04 Analysis: The original BID Advisory Group was appointed via Ordinance 3661 and consists of seven members. This group has provided recommendations to City Council yearly, since the BID's inception, regarding the expenditure of revenues derived from annual assessments. The BID has emerged as a group of downtown businesses with a community of interest in improving the financial viability of downtown Huntington Beach. In addition, it is necessary to adopt a resolution appointing the Huntington Beach Downtown Business Improvement District, a newly established non-profit corporation 501 (c) 6, as the BID Advisory Group for fiscal year 2007-2008. An objective of the Main Street Trial Closure was to build the leadership capacity, and the Downtown BID has successfully established itself as a non-profit organization. The Articles of Incorporation for this entity were approved on June 4, 2007, by the State of California. Staff recommends that City Council appoint the Huntington Beach Downtown Business Improvement District, 501(c) 6 non-profit organization, as the BID Advisory Board. Over the last four years, the collective businesses in the downtown BID area have experienced organizational growth leading to a number of promotional opportunities in the downtown area, including Surf City Nights. Because of this growth, businesses in the area formed a non-profit corporation to bolster resources to meet their strategic goals of promoting economic growth in the downtown. Adopting the proposed amended ordinance and adopting the resolution allows the Downtown BID 501(c) 6 to continue working closely with the City while representing the interests of the businesses within the downtown BID district. Staff recommends that Ordinance No. 3661 be amended to provide Council the flexibility to appoint a BID Advisory Board by resolution. This amendment allows Council to appoint a BID Advisory Board annually (or at any other time during the year) that is representative of the businesses in the downtown. Strategic Plan Goal: L-4 Create an environment that promotes tourism to increase revenues to support community services and transform the city's economy into a destination economy. Environmental Status: n/a Attachment(s): City C o - c - o Ddsajgfion 1. Ordinance No. 3797 An ordinance of the City of Huntington Beach Amending Ordinance No. 3661 which established the Huntington Beach Downtown Improvement District 2. Resolution No. 2008-04 A resolution of the City of Huntington Beach designating the Downtown Business Improvement District as the BID Advisory Board 3. Ordinance No. 3797 Legislative Draft -2- 1/23/2008 12:45 PM ATTACHMENT # 1 ORDINANCE NO. 3797 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ORDINANCE NO. 3661 WHICH ESTABLISHED THE HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT WHEREAS, in September 2004, the City Council adopted Ordinance No. 3661 which established the Huntington Beach Downtown Business Improvement District(`Downtown BID);and Section 12 of Ordinance No. 3661 sets forth, among other things, the method for creating the Downtown BID Advisory Board; and The City Council now wishes to amend a portion of Section 12 in order to designate by Resolution the Downtown BID Advisory Board, NOW THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 12, subsection (a) of Ordinance No. 3661 is hereby amended to read as follows: SECTION 12. Advisory Board. (a) Appointment. The City Council shall appoint by Resolution an Advisory Board that shall make recommendations to the City Council on the expenditure of revenues derived from assessments pursuant to this part, on the classification of businesses, and on the method of levying the assessments. SECTION 2. 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 February , 2008 An Mayor ATTEST: INITIATED AND APPROVED: QO&J sl City Clerk V Director of Eco Development REVIE E D A PROVED: APPROVED AS TO FORM: City Adminis or 8 City Attorney 07-1297/15613 Ord. No. 3797 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, IOAN 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 February 4,2008, and was again read to said City Council at a regular meeting thereof held on February 19,2008,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AWES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio NOES: None ABSENT: None ABSTAIN: None 1,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 February 28,2008. In accordance with the City Charter of said City Joan L. Flynn, City_Clerk tCliClerk and ex-officio Clerk Deputy Citv clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 RESOLUTION NO. 2008-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AS THE DOWNTOWN BID ADVISORY BOARD WHEREAS, on September 7, 2004 City Council created the Downtown Business Improvement District ("Downtown BID") pursuant to California Streets & Highways Code Section 36500, et seq.; and Businesses located in the geographical boundaries of the Downtown BID formed a 501(c)6 non-profit corporation known as the Huntington Beach Downtown Business Improvement District to better promote the downtown area of Huntington Beach; and This non-profit corporation represents the collective interest of businesses in the geographic BID area to promote BID activities, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: Upon the adoption of Ordinance No. 3797 , the Huntington Beach Downtown BID, shall be the Downtown BID Advisory Board for the 2007-2008 BID budget year. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of February , 20 08 . ALA Mayor REVIEW A AP ROVED: INITIATED AND APPROVED: City Administrator - c57�� Director of Econom D velopment APPROVED AS TO FORM: Ci Attorney 1297/15827 Res. No. 2008-04 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on February 4, 2008 by the following vote: AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio NOES: None ABSENT: None ABSTAIN: None Cit Jerk and ex-officio G4erk of the City Council of the City of Huntington Beach, California ATTACHMENT #3-------Al ORDINANCE NO. 3797 LEGISLATIVE DRAFT SECTION 12. Advisory Board. (a) Appointment. The City Council shall appoint a seven me .,,,or by Resolution an Advisory Board that shall make recommendations to the City Council on the expenditure of revenues derived from assessments pursuant to this part,on the classification of businesses, and on the method of levying the assessments. (b) Annual Report. The Advisory Board shall prepare a report for each fiscal year for which assessments are to be levied. The report shall be filed with the City Clerk and shall comply with all the requirements of Streets and Highways Code Section 36533 as the same may be amended from time to time. (c) Approval of Report. Pursuant to Act, the City Council may approve the annual report filed by the Advisory Board or may modify any particular item contained in the report and approve it as modified. The City Council shall not approve a change in the basis or method of levying assessments which would impair an executed contract to be paid from the revenues derived from the assessments. 15738 CAROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Amendment to Downtown Business Improvement District Ordinance and Resolution COUNCIL MEETING DATE: February 4, 2008 RCAATTAGHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR, ADDED Administrative Staff ( ) ( r ) Deputy City Administrator (Initial) City Administrator Initial ) ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: - ®nW RCA Author: Punongbayan X5183