HomeMy WebLinkAboutOrdinance #3175 ORDINANCE NO. 3175
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING CHAPTER 3 . 52 TO THE HUNTINGTON BEACH
MUNICIPAL CODE (NEW) ESTABLISHING THE HUNTINGTON BEACH
AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT
WHEREAS, the City Council of the City of Huntington Beach
has now determined to establish a Business Improvement District
to provide for the imposition of a benefit assessment and to
adopt an ordinance to such effect,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 . Intent and Purpose. On August 17, 1992,
the City of Huntington Beach (the "City" ) adopted
Resolution No . 6415 (the "Resolution") , declaring its
intention to establish a business improvement area (herein
referred to as the "District") and to levy a benefit
assessment on all businesses within said District, the
proceeds of which shall be used for the public purposes
therein described, pursuant to the Parking and Business
Improvement Area Law of 1989, Part 6 (commencing with
Section 36500) of Division IS of the California Streets and
Highways Code (the "Act") . On September 8, 1992, the
City Council held a duly noticed public hearing and
introducted Ordinance No. 3175
The City Council has heard and considered all oral and
written protests or other comments regarding such proposed
action, and written protests from businesses in
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the proposed area paying a majority of the proposed
assessment have not been received and the City Council
finds, based on all evidence presented that the businesses is
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within the District will be benefited by the expenditure of
the funds raised by the assessments proposed to be levied.
SECTION 2 . Definitions . Businesses to be assessed
are those classified by the City of Huntington Beach
Business License Code as Class A. Retail sales (AI) , auto;
new, used, parts .
SECTION 3 . Establishment of Area . A parking and
business improvement area to be known as the Huntington
Beach Auto Dealers Business Improvement District" (the
"District" ) is hereby established pursuant to the Parking
and Business Improvement Area Law of 1989 , Streets and
Highway Code Section 36500, et seq. The boundaries of the
District and the benefit zones within the District are
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generally located on Beach Boulevard, and set forth with
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greater specificity in the following map and list Exhibits
A-1 and A-2 .
SECTION 4 . Boundary Modification. The City Council
may modify the boundaries or assessments, established by
this Ordinance; the modifications shall be made pursuant to
the requirements of the Act, but no assessment shall be
modified which would impair the ability of the District to
meet the obligation of a contract to be paid from the
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revenues derived from the levy of assessments .
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3175
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SECTION 5 . Collection of Benefit Assessment . The
benefit assessment authorized by this Ordinance shall be
billed by the City in monthly installments with all funds
collected being remitted within (thirty) 30 days of receipt
to the Huntington Beach Auto Dealers Association or such
other entity or organization as is mutuallyagreed u b
g upon Y
said Association and City. This will be accomplished by
mailing assessment notices monthly to all businesses as
herein defined within District by first class mail to be
due 30 days from date of invoice. The levy of assessments
will commence on the first day of the month following the
issuance of the Certificate of Occupancy by the City for
installation and full operation of the Auto Dealers
directory reader board sign witin the District .
SECTION 6 . Changes in Assessments . Any businesses
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covered by this Chapter shall also be subject to changes
which may be made in the assessments or in the uses to
which the revenues shall be put, as specified in this -
Ordinance and as permitted by the Act; such changes shall
be made by later ordinance adopted after a hearing before
the City Council, or by Resolution, if approved in
conjunction with confirmation of the Annual Report
SECTION 7 . Business Classifications/Benefit
Assessment. For purposes of the assessments to be imposed
pursuant to this Ordinance, the City Council may make a
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reasonable classification of business , giving consideration
to various factors , including general benefit to businesses
and the degree of benefit received from programs of the
District. All businesses, as defined in Section 2 hereof ,
located within the Huntington Beach Auto Dealers
Improvement District are assessed and classified as follows :
Business Type Assessment Formula Per Month
1. Auto-New, a) Director Sign Trust
Used, Parts Account for 60 months $ 435
b) Sign Maintenance $ 400
c) Administrative Costs $ 200
(Dealers)
d) Property Tax $ 30
e) Insurance $ 50
f) Collection/Disbursement $ 25
Costs (City/Bank)
2. All other business, if any -0-
Total $1 ,140
Total After 60 Months $ 705
(a) Business owners with multiple dealerships a the
same location or adjacent locations having a common
method of access and egress shall ray one benefit
assessment fee. -
(b) Business owners with multiple dealerships at
non-adjacent multiple locations shall be assessed for
each such location.
SECTION 3 . Benefits to Business/Restriction on Use.
The assessments levied on businesses pursuant to this
Ordinance shall, to the maximum extent feasible, be levied
on the basis of the estimated benefit to the businesses
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within the District and the revenues from the levy of
assessments shall not be used to provide improvements or
activities outside of the District or for any other purpose
not specified in said Resolution of Intention.
SECTION 9 . Penalty for Delinquent Payment. For
failure to pay a benefit assessment when due, the City
shall add a penalty of ten percent (10%) of the assessment
amount on the last calendar day of each month after the
date due thereof, providing that the penalty amount to be
added shall in no event exceed one hundred percent (100%) is
of the assessment amount due. No City business license
shall be knowingly issued or renewed to any business which,
at the time of making application for any license or
renewal thereto, is indebted to the City for any delinquent
benefit assessment .
SECTION 10 . Advisory Board.
(a) Appointment . The City Council shall appoint an
Advisory Board which 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 . j
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3175
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(c) Approval of Report. The City Counc
il may approve e
the annual report file
d 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 .
SECTION 11. Annual Approval/Resolution. After
approval of the report filed by the Advisory Board, the
City Council pursuant to Section 36534 of the Act, shall
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adopt annually a resolution of intention to levy an
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assessment for that fiscal year . The City Council shall
hold a public hearing prior to the adoption of a resolution
confirming the Annual Report and Levy of Assessments .
SECTION 12 . Public ,Hearing . A public hearing shall
be held pursuant to the requirements of Parking and
Business Improvement Area Law of 1989 .
SECTION 13 . Area Establishment and Disestablishment. -
All provisions of this Chapter applicable to the
establishment or disestablishment of an area shall apply to
the establishment, modification, or disestablishment of
benefit zones pursuant to Section 36500, et seq. of the
California Streets & Highways Code, and subject to any
amendments thereof, and the establishment or the
modification of any benefit zone shall follow the same
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procedures as provided for the establishment of a parking
and business improvement area and the disestablishment of a
benefit zone shall follow the same procedure as provided
for disestablishment of an area.
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SECTION 14 . This ordinance shall take effect 30 days
after passage.
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 21st
day of September 1992 .
Mayor
ATTES . a APPROVED AS TO FORM:
City Clerk �'y 9City Attorney
R ND APP VE INITIATED AND APPROVED:
Ck-
City Administrator Director, Economic Development
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EXHIBIT A - I
11. Reader Board Si
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�'untington 40
Center S
Edinger
Heil
1. Dodge
2. Jeep Eagle 3. Lincoln. Mercury
Warner
Slater
Talbert
4. Chevrolet
5. Ford ® Ellis
b. Volkswagen/Isuzu
7. Nissan/Saturn
S. Toyota ® Garfield
J
9. Acura ® ® 10. Honda/Mitsubishi
Beach Blvd.
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EXHIBIT A - 2
HUNTINGTON BEACH
AUTOMOBILE DEALERS ASSOCIATION, INC.
1. Clay James 7. Steve Parajeckas
Huntington Beach Dodge Campbel Nissan/Saturn
16555 Beach Boulevard 18835 Beach Boulevard
Huntington Beach, CA 92647 Huntington Beach, CA 92648
847-5515 FAX# 842-7408 842-7781 FAX# 848-6569
2. Rick Evans 8. Jack Caswell
Huntington Jeep Eagle Bill Maxey Toyota
16751 Beach Boulevard 18881 Beach Boulevard
Huntington Beach, CA 92647 Huntington Beach, CA 92648
841-3999 FAX# 841-4848 847-8555 FAX# 841-9857
3. Chet Clark 9. Dan Powers
Beach Lincoln-Mercury Huntington Beach Acura
16800 Beach Boulevard 19131 Beach Boulevard
Huntington Beach, CA 92647 Huntington Beach, CA 92648
848-7739 FAX# 847-1265 842-0095 FAX# 841-3524
4. Dave De Lillo 10. Roger Miller
Bill Demarest Roger Miller Honda/Mitsubishi
De Lillo Chevrolet 19232 Beach Boulevard
18211 Beach Boulevard Huntington Beach, CA 92646
963-1965 FAX# 964-7495
5. Ed Coscolluela
Terry York Ford 11. Reader Board Sign Site
18255 Beach Boulevard City of Huntington Beach
Huntington Beach, CA 92648 7991 Center Avenue
842-6611 FAX# 847-8788 Huntington Beach, CA 92647
6- Danny McKenna Mail to:
Don Stephens Barbara A. Kaiser, Director
South County Volkswagen/Isuzu Economic Development
18711 Beach Boulevard City of Huntington Beach
Huntington Beach, CA 92648 2000 Main Street
842-2000 FAX# 841-7819 Huntington Beach, CA 92648
TA:sar
08125/92 (1268r)
3175
Ord. No. 3175
STATE OF CALIFORNIA )
COON— i' OF ORANGE
CITY OF ii1NTINGTOPl };EACiI 1
I , CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
Citv Council of the said City, do hereby certify that the whole number
of members of h he City Council of the City of Huntington Beach is seven.,
that the foregoing ordinance was read to said City Council at a regular
meeting therof held on the gth day of se tember.
19 92 and was again read to said City Council at a regular
meeting therof held on the 21st day of September 19 and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
Robitaille, Moulton-Pat�erson� Winchell, Silva, Green, Mar.Allistar.Kel 1y-
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Nome
1, Connie Broc',oay CITY CLERK of the City of
Huntington Bez-h and ex-o f ao Ck,&or the City
Council,do of this 4wi
ordinance has cfi;-,: City Clerk and ex--offi ci 1 erk
�b 19 qed— of the City Council of the City
of Huntington Beach, California
In accordance rrilh g
City Clerk