RESOLUTION NO, 2023-37
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 2023-2024 WITHIN THE
HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT WHEREAS, the California Legislature, in adopting the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code §36500 et seq.) found that cities are authorized to levy assessments 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 downtown 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 downtown business benefit area within the City of Huntington Beach and to levy assessments to promote business and tourist related activities; and
The District's Advisory Board has prepared and filed with the City Clerk an "Annual Report" and "Proposed Budget for Fiscal Year 2023-2024" (collectively, "Annual Report"); and
The City Council formed a business improvement area, known as the Huntington Beach Downtown Business Improvement District (the "District"), by the passage of Ordinance No. 3661 on September 7,2004,
By this Resolution, the City is declaring its intent to levy an assessment for fiscal year 2023-2024 pursuant to the process detailed in Streets and Highways Code §36500, et seq,; and
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows:
SECTION 1, The recitals above are incorporated herein.
SECTION 2. There is no intention to change the boundaries or any benefit zone within the District,
SECTION 3, 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 2023-2024, describing the improvements and activities to be provided. 23-13085/314820
Resolution No. 2023-37
SECTION 4 Council's intent is to levy and collect assessments within the District area for Fiscal Year 2023-2024 as per the map of the District area and the assessment schedule listed in Exhibit B attached hereto and incorporated herein by this reference.
SECTION 5, 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 6. A public hearing shall be held before the City Council on October 3, 2023, 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 7. The City Clerk is hereby directed to provide notice of the public hearing by causing this resolution of intention to be published once in a newspaper of general circulation at least seven days before the public hearing.
SECTION 8. 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) 536-5582; or from the Huntington Beach Downtown Business Improvement District, 315 3 Street, Suite E, Huntington Beach, CA 92648, (714) 536-8300,
SECTION 9. 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.
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Resolution No. 2023-37
SECTION 10. This resolution shall take effect immediately upon adoption, PASSED AND ADOPTED by the City Council of the City ofHuntington Beach at a regular meeting thereof held on the _ day of_,2023.
Mayor
REVIEWED AND APPROVED:
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INITIATED AND APPROVED:
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Director of Community Development
APPROVED AS TH FORM:
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City Attorney
ATTEST:
City Clerk
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