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HomeMy WebLinkAboutAPPROVE THE HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMEN Council/Agency Meeting Held: O Deferred/Continued to: AApproved ❑ Conditionally Approved ❑ Denied \. I 's Si tune Council Meeting Date: 9/4/2007 Department ID Number: ED 07-28 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINISTRATORr E PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT: Approve Huntington Beach Hotel/Motel Business Improvement District Annual Report, Adopt Resolution of Intention to Levy an Annual Assessment for Fiscal Year 2007/08 and Schedule Public Hearing for October 1, 2007 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 establishing 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 State of California 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: Revenues and expenses are included in the 2007/08 Huntington Beach Hotel/Motel Business Improvement District Budget (Fund 709). Recommended Action: Motion to: 1. Approve the Huntington Beach Hotel/Motel Business Improvement District Annual Report for FY 2007/08. 2. Adopt City Council Resolution No. 2007-57 a Resolution of Intention of the City of Huntington Beach approving an annual assessment within the Huntington Beach Hotel/Motel Business Improvement District for FY 2007/08. 3. Direct the City Clerk to schedule a public hearing to be held on October 1, 2007, and send copies of the Resolution of Intention and assessment formula to each business to be assessed and publish same in a newspaper of general circulation as required. a 4 r RESOLUTION NO. 2007-57 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 2007-2008 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 2007-2008 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 2006-2007 Fiscal Year to Date" and "Proposed Budget for Fiscal Year 2007-2008" (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 2007-2008 and a description of the improvements and activities to be provided for Fiscal Year 2007-2008. SECTION 2. To levy and collect assessments within the District area for Fiscal Year 2007-2008 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. 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 07-1158/13385 1 Resolution No. 2007-57 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 October 01, 2007 , at 6:OO p.m., or as soon thereafter as this matter maybe 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. 07-1158n3385 2 Resolution No. 2007-57 SECTION 8. 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 4th day of September 200_7_. 0 VE4DND APPROVED: INITIATED AND APPROVED: J City Administrator Director of Economic D elopment APPROVED AS TO FORM: -,,x-A-z- W �1, t10 orne - 8-j°Yo-f 07-1 158/13 3 8 5 Resolution No. 2007-57 Exhibit "A" HUNTINGTON BEACH HOTEUMOTEL BUSINESS IMPROVEMENT DISTRICT (Administered by the Huntington Beach Conference and Visitors Bureau) Annual Report/Operating Budget 2007-2008 Fiscal Year The Huntington Beach Conference and Visitors Bureau continued to escalate its scope of activities and effectiveness as a destination management agency during 2006/07. As the official advisory board for the Huntington Beach Hotel/Motel Business Improvement District which receives an assessment of one percent on all hotel/motel room purchases within the city that are under 30 days in duration, the following highlights/programs would not have been possible without B.I.D. funding: • Continued dramatic evolution of the www.surfcityusa.com website with a new redesign to reflect a more upscale feel that is consistent with the Bureau's signature Surf City USA@ brand identity. Introduced an on-line hotel booking engine to close sales. To capture email addresses for future communications, introduced monthly on-line contests and ongoing newsletter sign-up capabilities. • The Bureau's advertising campaign continued with placements in 2007 California Visitors Guide, 2007 Southern California-Los Vegas Tour Book(AAA), Arizona Highroads (AAA), Las Vegas Life, Westways (AAA) and Spring and Summer Vacation Guides of the Arizona Republic/Tucson Citizen. In addition, the Bureau captured a front page position in an April 29 insert of the Orange County Tourism Council (OCTC) that appeared in the Arizona Republic, Las Vegas Review, Sacramento Bee and Tucson Citizen, and participated in an OCTC cooperative ad that appeared in April's National Geographic Explorer. • Continued in house public relations efforts with the issue of press releases over the year and the biggest P.R. coup in years —the placement of cover story about Huntington Beach lifeguards in Westways July/August edition with an equivalent advertising value of$218,400. Continued involvement in the California Travel & Tourism Commission's media receptions in Los Angeles, New York and San Francisco. Hosted press trip for international media representatives attending Pow Wow in Anaheim and participated in FAM Tour for travel writers hosted by the Hyatt Regency Huntington Beach and the oceanfront. Developed upscale, email based newsletter for distribution to key editor contacts. • Produced the Bureau's fourth rack "lure" brochure for distribution in 1,925 outlets in drive markets across the western U.S., Orange County and San Diego. • Expanded Surf City USA@ brand into three Huntington Beach sporting events: Surf City USAO Albackore@ Sportfishing Gear Spring Surf Slam; Surf City USAO Marathon and Surf City USAO Longboard Pro-Am. • Created three issues of the first destination email newsletter ever developed for Huntington Beach and distributed it to 10,883 people who registered to receive more information on the www.surfcityusa.com website. In addition, created one issue of the Bureau's online newsletter, "HB Pipeline," for local residents and City officials; it was posted to the City's website. Resolution No. 2007-57 Exhibit "A" • Negotiated and contracted with Dean Runyan &Associates to provide the first official estimate of the economic impact of tourism in Huntington Beach, piggybacking on official estimates for the California Travel and Tourism Commission in order to obtain a highly cost effective and credible assessment. • The Surf City USAO brand continued its explosive growth with the retention of Trademarks international as its new licensing agent. Introduced new licensed products including apparel, soft drinks, and a new burgundy-colored version of the popular Surf City USA Beach Cruiser by Felt Bicycles. • Hosted Dean Torrence of the original Jan & Dean musical duo to take stage during the last night of the Pow Wow trade show in Anaheim on April 25 and represent Huntington Beach at the largest gathering of international tour operators and travel agents in the world. • Successfully responded to challenges from the U.S. Patent & Trademark Office and registered five additional Surf City USA trademarks (for a total of eight registered marks). Updated Brand Signature Styleguide to regulate use of Mark. • Upgraded and refurbished the Visitor Information Kiosk in Pier Plaza in an upscale Tiki design to match Duke's Huntington Beach, operating the facility from May 26-28 and June 2- September 2. The Bureau simultaneously continued efforts to build a permanent facility in Pier Plaza. • In response to a lawsuit filed against its trademarked Surf City USA brand, the Bureau provided a robust defense for which Chubb Group of insurance Companies paid all associated expenses. The Bureau selected the law firm of Gordon & Reece, led by noted trademark litigator Rich Sybert, to handle the complaint. It helped to develop a wide variety of complicated and detailed legal documents including proposed settlement agreements; four different requests to move the jury trial from Northern California; an answer to the Plaintiff's Amended Complaint and a Counterclaim; an early disclosure of documents and witnesses (including thousands of pages of evidence and background documents); Bureau interrogatories and responses to interrogatories filed by Floatsam; and early neutral evaluation (ENE) statements, including attendance an ENE hearing in Palo Alto, CA on July 12 that was positive for the Bureau and brand. • To better manage cash flow and provide greater financial stability in the event of inadvertent delays in the receipt of funding from the City in future years, the Bureau created a yearend BID cash reserve of approximately $250,000. Note. The boundaries of the improvement and benefit areas within the Hotel/Motel Improvement District (which includes the City of Huntington Beach in its entirety) will not change during the upcoming fiscal year. The Shorebreak Hotel is anticipated to open within the Improvement District during the Fall of 2008. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/4/2007 DEPARTMENT ID NUMBER: ED 07-28 Alternative Action(s): 1. Return the 2007/08 Annual Report of the Huntington Beach Hotel/Motel Business Improvement District for additional information. 2. Deny the request to approve the Resolution of Intention. Analysis: At the request of the Huntington Beach Conference and Visitors Bureau, the City Council formed 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 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 (TOT) 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. In addition to these BID revenues, the Conference and Visitors Bureau receives 10% of the City's TOT revenues under a five-year agreement approved May 15, 2006. As required by State law, a protest hearing must be held to provide the opportunity for any affected businesses to voice their protests, or they can submit protests in writing before the hearing. The Resolution of Intention sets this public protest hearing for October 1, 2007. At that time, the City Council will tally the percentage of assessments protested and will hear additional public comments on the renewal of the BID in the downtown commercial area. If the protests total less than 50% of the total amount of money to be collected, the City Council can approve the renewal of the BID. The City Council also has the option of reducing assessments or modifying the BID boundary area if public comments prompt adjustment. Beginning in the 2007/08 fiscal year, the City will exercise greater fiduciary responsibility over all BIDs based on recent case law. Working with the BIDs, staff will ensure that the expenditures will not exceed the approved budgets as proposed in the respective annual reports without prior approval by City Council in a public hearing. The anticipated BID assessment revenue for 2007/08 has been increased to $800,000 that is combined with the $250,000 carryover for a total budget of $1,050,000. The BID proposed budget shows an equal amount of expenditures that includes increasing the reserve amount to $270,000 that will be carried forward to the next fiscal year. Strategic Plan Goal: "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: Not applicable. Attachment (s): City Cierk's -2- 8/20/2007 4:22 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/4/2007 DEPARTMENT ID NUMBER: ED 07-28 NumberPage Description 1. Huntington Beach Hotel/Motel Business Improvement District Annual Report for FY 2007/2008 2. 1 Resolution of Intention to Levy Assessments for Fiscal Year 2007-2008 -3- 8/20/2007 4:22 PM T ,e Huntington Beach Hotel/Motel Business Improvement District Annual Report/Budget 2007/08 Business Improvement District Renewal This report contains the following: 1. 2007/08 Report/Budget including Assessment Formula Information HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT (Administered by the Huntington Beach Conference and Visitors Bureau) Annual Report/Operating Budget 2007-2008 Fiscal Year The Huntington Beach Conference and Visitors Bureau continued to escalate its scope of activities and effectiveness as a destination management agency during 2006/07. As the official advisory board for the Huntington Beach Hotel/Motel Business Improvement District which receives an assessment of one percent on all hotel/motel room purchases within the city that are under 30 days in duration, the following highlights/programs would not have been possible without B.I.D. funding: • Continued dramatic evolution of the www.surfcityusa.com website with a new redesign to reflect a more upscale feel that is consistent with the Bureau's signature Surf City USA® brand identity. Introduced an on-line hotel booking engine to close sales. To capture email addresses for future communications, introduced monthly on-line contests and ongoing newsletter sign-up capabilities. • The Bureau's advertising campaign continued with placements in 2007 California Visitors Guide, 2007 Southern California-Los Vegas Tour Book (AAA), Arizona Highroads (AAA), Las Vegas Life, Westways (AAA) and Spring and Summer Vacation Guides of the Arizona RepubliclTucson Citizen. In addition, the Bureau captured a front page position in an April 29 insert of the Orange County Tourism Council (OCTC) that appeared in the Arizona Republic, Las Vegas Review, Sacramento Bee and Tucson Citizen, and participated in an OCTC cooperative ad that appeared in April's National Geographic Explorer. • Continued in house public relations efforts with the issue of press releases over the year and the biggest P.R. coup in years —the placement of cover story about Huntington Beach lifeguards in Westways July/August edition with an equivalent advertising value of$218,400. Continued involvement in the California Travel & Tourism Commission's media receptions in Los Angeles, New York and San Francisco. Hosted press trip for international media representatives attending Pow Wow in Anaheim and participated in FAM Tour for travel writers hosted by the Hyatt Regency Huntington Beach and the oceanfront. Developed upscale, email based newsletter for distribution to key editor contacts. • Produced the Bureau's fourth rack "lure" brochure for distribution in 1,925 outlets in drive markets across the western U.S., Orange County and San Diego. • Expanded Surf City USA® brand into three Huntington Beach sporting events: Surf City USA®Albackore® Sportfishing Gear Spring Surf Slam; Surf City USA® Marathon and Surf City USA® Longboard Pro-Am. • Created three issues of the first destination email newsletter ever developed for Huntington Beach and distributed it to 10,883 people who registered to receive more information on the www.surfcityusa.com website. In addition, created one issue of the Bureau's online newsletter, "HB Pipeline," for local residents and City officials; it was posted to the City's website. • Negotiated and contracted with Dean Runyan & Associates to provide the first official estimate of the economic impact of tourism in Huntington Beach, piggybacking on official estimates for the California Travel and Tourism Commission in order to obtain a highly cost effective and credible assessment. • The Surf City USA® brand continued its explosive growth with the retention of Trademarks International as its new licensing agent. Introduced new licensed products including apparel, soft drinks, and a new burgundy-colored version of the popular Surf City USA Beach Cruiser by Felt Bicycles. • Hosted Dean Torrence of the original Jan & Dean musical duo to take stage during the last night of the Pow Wow trade show in Anaheim on April 25 and represent Huntington Beach at the largest gathering of international tour operators and travel agents in the world. • Successfully responded to challenges from the U.S. Patent & Trademark Office and registered five additional Sun`City USA trademarks (for a total of eight registered marks). Updated Brand Signature Styleguide to regulate use of Mark. • Upgraded and refurbished the Visitor Information Kiosk in Pier Plaza in an upscale Tiki design to match Duke's Huntington Beach, operating the facility from May 26-28 and June 2- September 2. The Bureau simultaneously continued efforts to build a permanent facility in Pier Plaza. • In response to a lawsuit filed against its trademarked Surf City USA brand, the Bureau provided a robust defense for which Chubb Group of Insurance Companies paid all associated expenses. The Bureau selected the law firm of Gordon & Reece, led by noted trademark litigator Rich Sybert, to handle the complaint. It helped to develop a wide variety of complicated and detailed legal documents including proposed settlement agreements; four different requests to move the jury trial from Northern California; an answer to the Plaintiff's Amended Complaint and a Counterclaim; an early disclosure of documents and witnesses (including thousands of pages of evidence and background documents); Bureau interrogatories and responses to interrogatories filed by Floatsam; and early neutral evaluation (ENE) statements, including attendance an ENE hearing in Palo Alto, CA on July 12 that was positive for the Bureau and brand. • To better manage cash flow and provide greater financial stability in the event of inadvertent delays in the receipt of funding from the City in future years, the Bureau created a yearend BID cash reserve of approximately $250,000. Note: The boundaries of the improvement and benefit areas within the Hotel/Motel Improvement District (which includes the City of Huntington Beach in its entirety) will not change during the upcoming fiscal year. The Shorebreak Hotel is anticipated to open within the Improvement District during the Fall of 2008. H.B. Conference &Visitors Bureau Statement of Financial Position As of July 31,2007 ASSETS Current Assets Checking/Savings Business Checking-City Grant $ 16,327.43 Business Checking-B.I.D. 1,870.83 Money Market-City Grant 44,215.21 Money Market-B.I.D. 102,905.72 CD Accounts 91,537.94 Petty Cash 216.91 Business Checking-Restaurant Association 18,269.98 Business Checking-Business Association 25,889.16 Business Checking-Hotel/Motel 249.69 Total Checking/Savings 301,482.87 Accounts Receivable 418,769.75 Deposits 1,815.00 Prepaid Expenses 1,938.62 Total Current Assets 724,006.24 Fixed Assets Furniture&Fixtures 6,608.72 Accum. Depr.-Furniture&Fix. (2,199.52) Total Furniture&Fixtures 4,409.20 Equipment 31,710.74 Accum. Depr.-Equipment (14,445.50) Total Equipment 17,265.24 Leasehold Improvements 7,998.86 Accum. Depr.-Leasehold Impr. (7,998.86) Total Leasehold Improvements - Total Fixed Assets 21,674.44 TOTAL ASSETS $ 745,680.68 LIABILITIES&EQUITY Liabilities Current Liabilities Accounts Payable $ 67,794.50 Accts Payable-Personnel 10,595.65 Other Association Bank Accounts 44,408.83 Total Current Liabilities 122,798.98 Total Liabilities 122,798.98 Equity General Unrestricted Net Assets 259,411.78 Net Income 363,469.92 Total Equity 622,881.70 TOTAL LIABILITIES&EQUITY $ 745,680.68 BID receivable of$184,308 is estimated by management. " TOT receivable of$184,561.75 is estimated by management. • Accounts receivable includes$49,900 due from City Grant to BID. "" Accounts payables includes$49,900 due to BID from City Grant. HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT (Administered by the Huntington Beach Conference and Visitors Bureau) Proposed Operating Budget 2007-2008 INCOME Carryover FY06/07 $ 250,000.00 Projected Assessment 800,000.00 TOTAL 1,050,000.00 EXPENSE Carryover FY07/08 $ 270,000.00 Personnel 40,000.00 Marketing/Promotion 700,000.00 Legal Expenses 40,000.00 TOTAL 1,050,000.00 Resolution No. 2007-57, Exhibit "A" H.B. Conference & Visitors Bureau Statement of Financial Position As of July 31,2007 ASSETS Current Assets Checking/Savings Business Checking-City Grant $ 16,327.43 Business Checking-B.I.D. 1,870.83 Money Market-City Grant 44.215.21 Money Market-B.I.D. 102,905.72 CD Accounts 91,537.94 Petty Cash 216.91 Business Checking-Restaurant Association 18,269.98 Business Checking-Business Association 25,889.16 Business Checking-Hotel/Motel 249.69 Total Checking/Savings 301,482.87 Accounts Receivable 418,769.75 Deposits 1,815.00 Prepaid Expenses 1,938.62 Total Current Assets 724,006.24 Fixed Assets Furniture&Fixtures 6,608.72 Accum.Depr.-Furniture&Fix. (2,199.52) Total Furniture&Fixtures 4,409.20 Equipment 31,710,74 Accum.Depr.-Equipment (14,445.50) Total Equipment 17,265.24 Leasehold Improvements 7,998.86 Accum.Depr.-Leasehold lmpr. (7,998.86) Total Leasehold Improvements - Total Fixed Assets 21,674.44 TOTAL ASSETS $ 745,680.68 LIABILITIES&EQUITY Liabilities Current Liabilities Accounts Payable $ 67,794.50 Accts Payable-Personnel 10.595.65 Other Association Bank Accounts 44,408.83 Total Current Liabilities 122,798.98 Total Liabilities 122,798.98 Equity General Unrestricted Net Assets 259,411.78 Net income 363,469.92 Total Equity 622,881.70 TOTAL LIABILITIES&EQUITY $ 745,680.68 • BID receivable of$184,308 is estimated by management • TOT receivable of$184,561.75 is estimated by management. • Accounts receivable includes$49,900 due from City Grant to BID- .. Accounts payab/es includes$49,900 due to BID from City Grant Resolution No. 2007-57 Exhibit "B" HUNTINGTON BEACH HOTELIMOTEL BUSINESS IMPROVEMENT DISTRICT (Administered by the Huntington Beach Conference and Visitors Bureau) Proposed Operating Budget 2007-2008 INCOME Carryover FY06/07 $ 250,000.00 Projected Assessment 800,000.00 TOTAL $1,050.000A0 EXPENSE Carryover FY07108 $ 270,000.00 Personnel 40,000.00 Marketing/Promotion 700,000.00 Legal Expenses 40,000.00 TOTAL 1.050.000.00 Resolution No. 2007-57, Exhibit "B" Hotel/Motel GM List 2007 Beach Inn Motel 18112 Beach Blvd Huntington Beach CA 92648 841.6606 Alex IChau GM Best Western Huntington Beach Inn800 Pacific Coast Higher Huntington Beach CA 92648 536 7500 Michelle_Kelly- `- T -- _— — ch i Best Western Rege y Inn 19360 Beach Blvd Huntington Beach CA 92648 962 4244 Ted Chen GM/Owner Comfort Suites 16301 Beach Blvd Huntington Beach CA 92647 841.1812 Sachim !Amin VP Mike Azad GM Extended Stay America —-- 5050 Skylab West Circle Huntin ton Beach CA 92647 799 4887 Sam �(Gju�u�a GM 290 Monrovia Avenue Long each CA 90803 562 621 1910 Eda ipasquale Sales Dir --- --- -- 21100 - - - -- --- - -- Hilton Waterfront Beach Resort —7 Pacific Coast Hick_y4 Huntington Beach CA 92648 960-7873 iJ.D. (Shafer GM__ -— - 1 - -- �_ 845.8407 Roger Burns Sales Dir Hotel Europa— 7561 Center Avenue#46 �Huntington_Beach CA 92647 895-5860 Rai Amin Manager — Hotel Huntington Beach 7�667 Center Avenue - Huntington Beach CA 92647 891-0123 1Gil Tuldunes IGM _ 908-5187 Sales Dir I Howard Johnson Express Inn&Suites �17251 Beach Blvd Huntington Beach CA 92647 375-0250 Sonia tPatel GM & Sales Dir Huntington Suites 727 Yorktown Avenue i Huntington Beach CA i 92648 1969 0450 SongZahedi GM&Sales Dir Huntington Surf Inn 720 Pacific Coast Highway Huntington Beach CA 92648536 2444 Rihanna Phi GM &Sales Dir — �- -- - - -- } - -- - - -- i yRegencyp Huntington Beach CA 92648 '374 7291 1Che I (Phelps GM H att Huntin ton Beach Resort&Spa 21500 Pacific Coast Highway-- — _- __ � C h - g I - -- 1845.4604 Kay f oc ran a es Dir Ocean View Motel 16196 Pacific Coast Hthway t Huntington Beach CA 92649 1562 592 2700 Pravin Patel GM Pfic View &Suites- - _ 116220 Pacific Coast Highway f Huntington Beach CA 92649 562-592-4959 Varssan Shah Owner aci Inn --- - - StarN�ht!nn ----- Huntington ac --- 848-8422 Sam !Patel i 18382 Beach Blvd , Huntin ton Beach CA 92648 ___ g Carrie Nakaahiki -- GM Sun n S_ands Motel 1102 Pacific Coast HighwayHuntin ton Beach CA 92648 536-2543 iJitendra Barot --- _ Manager - - 777 Motor Inn --- ---- ---- �--- - -- -- r - - 846-5561 Victoaf r iAGM 1260P o i wa n ton Beach 6yHunt i I Now: ening in September 2008: _ ---------- -- — -- - -- -- - --- - — - - - ---- Shorebreak Hotel(temp.address listed 94102 415-835-0300 Shawn Grace !GMS Resolution No. 2007-57 EXHIBIT C HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT (Administered by the Huntington Beach Conference and Visitors Bureau) Proposed Operating Budget 2007-2008 INCOME Carryover FY06/07 $ 250,000.00 Projected Assessment 800,000.00 TOTAL 1.050.000.00 EXPENSE Carryover FY07/08 $ 270,000.00 Personnel 40,000.00 Marketing/Promotion 700,000.00 Legal Expenses 40,000.00 TOTAL 1,050,000.00 Res. No. 2007-57 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 the 4th day of September, 2007 by the following vote: AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None 9f City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Approve Report and Resolution of Intent to Renew Hotel/Motel Business Improvement District 07/08 COUNCIL MEETING DATE: September 4, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attome 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 RETURNED::. RDED Administrative Staff ( ) ) Deputy City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Iamb/runzel Impression antibourrage et a sechage rapide lit www.avery.com AVERY@ 596o- Utilisez le gabarit 5960mc 1-800-GO-AVERY Beach Inn Motel Best Western Huntington Beach Inn Best Western Regency Inn Attn: Alex Chau, General Manager Attn: Michelle Kelly, General Mgr. Attn: Ted Chen, General Mgr./Owner 18112 Beach Blvd. 800 Pacific Coast Highway 19360 Beach Blvd. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Comfort Suites Extended Stay America Hilton Waterfront Beach Resort Attn: Sachim Amin,Vice President Attn: Sam Gupta, General Manager Attn: J.D.Shafer, General Manager 16301 Beach Blvd. 5050 Skylab West Circle 21100 Pacific Coast Highway Huntington Beach,CA 92647 Huntington Beach, CA 92647 Huntington Beach,CA 92648 Hotel Europa Hotel Huntington Beach Howard Johnson Express Inn&Suites Attn: Raj Amin, Manager Attn: Gil Tuldunes, General Manager Attn: Sonja Patel,General Mgr.&Sales Dir 7561 Center Avenue#46 7667 Center Avenue 17251 Beach Blvd Huntington Beach,CA 92647 Huntington Beach,CA 92647 Huntington Beach, CA 92647 Huntington Suites Huntington Surf Inn Hyatt Regency Huntington Beach Resort_&Spa Attn: Song Zahedi,General Mgr. &Sales Dir. Attn: Rihanna Phi,General Mgr.&Sales Dir. Attn: Cheryl Phelps, General Manager 727 Yorktown Avenue 720 Pacific Coast Highway 21500 Pacific Coast Highway Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Ocean View Motel Pacific View Inn &Suites Starlight Inn Attn: Pravin Patel,General Manager Attn: Varssan Shah, Owner Attn: Sam Patel, General Manager 16196 Pacific Coast Highway 16220 Pacific Coast Highway 18382 Beach Blvd Huntington Beach,CA 92649 Huntington Beach,CA 92649 Huntington Beach,CA 92648 Sun'n Sands Motel 777 Motor Inn Attn: Jitendra Barot,General Manager Attn: Victor Ali,General Manager 1102 Pacific Coast Highway 16240 Pacific Coast Highway Huntington Beach,CA 92648 Huntington Beach,CA 92649 7 L d Z2- � RESOLUTION NO. 2007-57 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 2007-2008 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 2007-2008 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 2006-2007 Fiscal Year to Date" and "Proposed Budget for Fiscal Year 2007-2008"(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 2007-2008 and a description of the improvements and activities to be provided for Fiscal Year 2007-2008. SECTION 2. To levy and collect assessments within the District area for Fiscal Year 2007-2008 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. 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 07-1158/13385 1 Resolution No. 2007-57 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 October 01, 2007 , at 6:00 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. 07-1 issn33ss Resolution No. 2007-57 SECTION 8. 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 4th day of September ,200 7 ao REV ED ND APPROVED: INITIATED AND APPROVED: ff� City Administrator Director of Economic D elopment APPROVED AS TO FORM: k10ttome^ Ae W (�k_ 07-1158113385 j Resolution No. 2007-57 Exhibit "A" HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT (Administered by the Huntington Beach Conference and Visitors Bureau) Annual Report/Operating Budget 2007=2008 Fiscal Year The Huntington Beach Conference and Visitors Bureau continued to escalate its scope of activities and effectiveness as a destination management agency during 2006/07. As the official advisory board for the Huntington Beach Hotel/Motel Business Improvement District which receives an assessment of one percent on all hotel/motel room purchases within the city that are under 30 days in duration, the following highlights/programs would not have been possible without B.I.D. funding: • Continued dramatic evolution of the www.surfcityusa.com website with a new redesign to reflect a more upscale feel that is consistent with the Bureau's signature Surf City USA@ brand identity. Introduced an on-line hotel booking engine to close sales. To capture email addresses for future communications, introduced monthly on-line contests and ongoing newsletter sign-up capabilities. • The Bureau's advertising campaign continued with placements in 2007 California Visitors Guide, 2007 Southern California-Los Vegas Tour Book(AAA), Arizona Highroads (AAA), Las Vegas Life, Westways (AAA) and Spring and Summer Vacation Guides of the Arizona RepubliclTucson Citizen. In addition, the Bureau captured a front page position in an April 29 insert of the Orange County Tourism Council (OCTC) that appeared in the Arizona Republic, Las Vegas Review, Sacramento Bee and Tucson Citizen, and participated in an OCTC cooperative ad that appeared in April's National Geographic Explorer. • Continued in house public relations efforts with the issue of press releases over the year and the biggest P.R. coup in years —the placement of cover story about Huntington Beach lifeguards in Westways July/August edition with an equivalent advertising value of$218,400. Continued involvement in the California Travel & Tourism Commission's media receptions in Los Angeles, New York and San Francisco. Hosted press trip for international media representatives attending Pow Wow in Anaheim and participated in FAM Tour for travel writers hosted by the Hyatt Regency Huntington Beach and the oceanfront. Developed upscale, email based newsletter for distribution to key editor contacts. • Produced the Bureau's fourth rack "lure" brochure for distribution in 1,925 outlets in drive markets across the western U.S., Orange County and San Diego. • Expanded Surf City USAO brand into three Huntington Beach sporting events: Surf City USAO Albackore@ Sportfishing Gear Spring Surf Slam; Surf City USA@ Marathon and Surf City USAO Longboard Pro-Am. • Created three issues of the first destination email newsletter ever developed for Huntington Beach and distributed it to 10,883 people who registered to receive more information on the www.surfcityusa.com website. In addition, created one issue of the Bureau's online newsletter, "HB Pipeline," for local residents and City officials; it was posted to the City's website. Resolution No. 2007-57 Exhibit "A" • Negotiated and contracted with Dean Runyan & Associates to provide the first official estimate of the economic impact of tourism in Huntington Beach, piggybacking on official estimates for the California Travel and Tourism Commission in order to obtain a highly cost effective and credible assessment. • The Surf City USA® brand continued its explosive growth with the retention of Trademarks International as its new licensing agent. Introduced new licensed products including apparel, soft drinks, and a new burgundy-colored version of the popular Surf City USA Beach Cruiser by Felt Bicycles. • Hosted Dean Torrence of the original Jan & Dean musical duo to take stage .during the last night of the Pow Wow trade show in Anaheim on April 25 and represent Huntington Beach at the largest gathering of international tour operators and travel agents in the world. • Successfully responded to challenges from the U.S. Patent& Trademark Office and registered five additional Surf City USA trademarks (for a total of eight registered marks). Updated Brand Signature Styleguide to regulate use of Mark. • Upgraded and refurbished the Visitor Information Kiosk in Pier Plaza in an upscale Tiki design to match Duke's Huntington Beach, operating the facility from May 26-28 and June 2- September 2. The Bureau simultaneously continued efforts to build a permanent facility in Pier Plaza. • In response to a lawsuit filed against its trademarked Surf City USA brand, the Bureau provided a robust defense for which Chubb Group of Insurance Companies paid all associated expenses. The Bureau selected the law firm of Gordon & Reece, led by noted trademark litigator Rich Sybert, to handle the complaint. It helped to develop a wide variety of complicated and detailed legal documents including proposed settlement agreements; four different requests to move the jury trial from Northern California; an answer to the Plaintiff's Amended Complaint and a Counterclaim; an early disclosure of documents and witnesses (including thousands of pages of evidence and background documents); Bureau interrogatories and responses to interrogatories filed by Floatsam; and early neutral evaluation (ENE) statements, including attendance an ENE hearing in Palo Alto, CA on July 92 that was positive for the Bureau and brand. • To better manage cash flow and provide greater financial stability in the event of inadvertent delays in the receipt of funding from the City in future years, the Bureau created a yearend BID cash reserve of approximately $250,000. Note: The boundaries of the improvement and benefit areas within the Hotel/Motel Improvement District (which includes the City of Huntington Beach in its entirety) will not change during the upcoming fiscal year. The Shorebreak Hotel is anticipated to open within the Improvement District during the Fall of 2008. Resolution No. 2007-57, Exhibit "A" H.B. Conference &Visitors Bureau Statement of Financial Position As of July 31,2007 ASSETS Current Assets Checking/Savings Business Checking-City Grant $ 16,327.43 Business Checking-B.1.D. 1,870.83 Money Market-City Grant 44,215,21 Money Market-B.I.D. 102,905.72 CD Accounts 91,537.94 Petty Cash 216.91 Business Checking-Restaurant Association 18,269.98 Business Checking-Business Association 25,889.16 Business Checking-Hotel/Motel 249.69 Total Checking/Savings 301,482.87 Accounts Receivable 418,769.75 ` Deposits 1.815.00 Prepaid Expenses 1.938.62 Total Current Assets 724,006.24 Fixed Assets Furniture&Fixtures 6,608.72 Accum.Depr.-Furniture&Fix. (2,199.52) Total Furniture&Fixtures 4,409.20 Equipment 31,710.74 Accum.Depr.-Equipment (14,445.50) Total Equipment 17,265.24 Leasehold improvements 7,998.86 Accum_Depr.-Leasehold Impr. (7,998.86) Total Leasehold Improvements - Total Fixed Assets 21,674.44 TOTAL ASSETS $ 745,680.68 LIABILITIES&EQUITY Liabilities Current Liabilities Accounts Payable $ 67,794.50 Accts Payable-Personnel 10,595.65 Other Association Bank Accounts 44,408.83 Total Current Liabilities 122,79&98 Total Liabilities 122,79&98 Equity General Unrestricted Net Assets 259,411.78 Net Income 363,469.92 Total Equity 622,881.70 TOTAL LIABILITIES&EQUITY $ 745,680.68 ' BID receivable of$184,308 is estimated by management. TOT receivable of$184,561.75 is estimated by management. ` Accounts receivable includes$49,900 due from City Grant to BID_ " Accounts payables includes$49,900 due to BID from City Grant Resolution No. 2007-57 Exhibit "B" HUNTINGTON BEACH HOTEUMOTEL BUSINESS IMPROVEMENT DISTRICT (Administered by the Huntington Beach Conference and Visitors Bureau) Proposed Operating Budget 2007-2008 INCOME Carryover FY06/07 $ 250,000.00 Projected Assessment 800,000.00 TOTAL 1.050.000.00 EXPENSE Carryover FY07/08 $ 270,000.00 Personnel 40,000.00 Marketing/Promotion 700,000.00 Legal Expenses 40,000.00 TOTAL 1,050,000.00 Resolution No. 2007-57, Exhibit "B" Hotel/Motel GM List 2007 Beach Inn Motel 18112 Beach Blvd Huntington Beach CA 1 92648 841-6606 Alex IChau GM Best Western Huntington Beach Inn �800 Pacific Coast Highway Huntington Beach CA 92648 536-7500 Michii-,—erkowy cd�-M- -Best—Western Regency Inn 119360 Beach Blvd Huntington Beach CA 1 92648 962-4244 Ted Chen GM/Owner Comfort Suites -4-1-6-301-Bea6h—Blvd Huntin ton Beach 1- k 92647-841---18-12 --Sa-chim !Amin VP Mike tAzad GM Extended Stay America 5050 Skylab West Circle Huntington Beach CA 92647 799-4887 Sam Gupta GM 290 Monrovia Avenue Long Beach CA 90803 562-621.1910 Eda I Dipasquale Sales Dir Hilton Waterfront Beach Resort 21100 Pacific Coast Highway Huntington Beach CA 92648 960-7873 J.D. (Shafer TG M' 845.8407 lRoger Burns JSales Dir Hotel Euro­p-a 7561 Center Avenue#46 1 Huntington Beach CA 92647 895-5 Raj Amin Manager i L Hotel Huntington Beach 7667 Center Avenue T Huntington i n q-to-n-B ea Beach C A 9 2-6 4 7 8-9,1-0-12 3' -G i-I T u I d--un-e-s 1—GM _u -�Sales Dir 908-5187 F4�-�W�d—Joh�-s-on--E-x-p-re--ss--I-n-n--&-S-ui-te--s------ "i-1-72-51-6-e--a--c--h--B-lvd-- ton Beach CA 92647 �375-0250....... .. Sonja IPatei -LGM &Sales Dir Huntington Huntington-­­S­u­i-te-S-- 1'-7 2-7-Yorktown-- ---- --Avenue- Huntington Beach CA -§2648­11-9-69-0450 Son-9 h Sake-s-dirr- _4 �Za ed! InnHuntington Surf 1720 Pacific Coast Hi ton Beach CA 92648 �536-2444 Rlhanna Phi !GM&Sales Dir Highway Hunti ----—----- 4-- Hyatt Regency Huntington Beach Resort&Spa YO-PacTfl-cb—oast Hlgk-w-a--- H-u-n-ting ton-B-aach CA 96�48 ------ ryl lPhelps '�G M - -I a------- -- ---- I ­=­---- ------------- 1845-4604 Ka. ochran Sales-Dir Ocean-Vlew Motel------------ 116196 Pacific Coast H�my Huntington Beach CA 92649 1562-592-2700 1 Pravin :[Patel 'GM - - �, -Pacific View Inn&Suites 16220 Pacific Coast Highway Huntington Beach CA 92649 1562 502 4 9 5arssan (Shah Owner Starlight 118382 Beach Blvd Huntington Beach CA 92648 848.8422 ,Sam Patel GM -T Sun'n Sands Motel 1102 Pacific Coast Highway Huntington CA F-9­26-4-8-----2-543 �Jitendra Barot iGM _�536 Carrie Nakaahiki Manager Tf7WOto-r­-nn------- t16240Fpacific Coast -J 5561 'All Huntington Beach CA Victor !GM t 7,wiq en�igfn S­e--p-te­rn--be­r--2-0-0-8*-- ,Shorebreak Hotel(temp. address listed�------ --�567 Sutter St. -T§-a-n Francisco iCA 941021415-835-0300 'Shawn 'Grace y GIVI Resolution No. 2007-57 EXHIBIT C HUNTINGTON BEACH HOTEL/MOTEL BUSINESS IMPROVEMENT DISTRICT (Administered by the Huntington Beach Conference and Visitors Bureau) Proposed Operating Budget 2007-2008 INCOME Carryover FY06/07 $ 250,000.00 Projected Assessment 800,000.00 TOTAL 1,050,000.00 EXPENSE Carryover FY07/08 $ 270,000.00 Personnel 40,000.00 Marketing/Promotion 700,000.00 Legal Expenses 40,000.00 TOTAL $1,050,000.00 Res. No. 2007-57 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 the 4th day of September, 2007 by the following vote: AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None go") City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California