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RESOLUTION NO. 9 9-15
A RESOLUTION OF THE CITY OF HUNTINGTON BEACH
DECLARING ITS INTENTION TO LEVY AN INCREASE
IN THE ANNUAL ASSESSMENT FOR FISCAL YEAR 1998-99
TO FUND IMPROVEMENTS WITHIN THE HUNTINGTON BEACH
AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT
WHEREAS, the Parking and Business Improvement Area Law of 1989, codified at
Streets and Highways Code § 36500 et seq. (the "Act") authorizes cities to establish parking
and business improvement areas for the purpose of imposing benefit assessments on
businesses for certain purposes; and
The City Council has formed a business improvement area, known as the Huntington
Beach Auto Dealer Business Improvement District (the "District"), by the passage of
Ordinance 3175 on September 8, 1992; and
The City Council has received a recommendation from the Advisory Board to the
District to increase the benefit assessment on the remainder of Fiscal Year 1998-99. A copy
of the Advisory Board recommendation is on file with the City Clerk.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve, determine and find as follows:
SECTION 1. The City Council of the City of Huntington Beach hereby declares its
intent to levy and collect additional assessments within the District for Fiscal Year 1998-99.
The levy is to apply to small businesses classified by the City of Huntington Beach License
Code as Class A Retail Sales, (A1) Auto,New, Used, Parts, including new business of that
classification located within the District as shown in Exhibits A-1 and A-2, in the amounts set
forth on Exhibit A-3, which Exhibits are incorporated herein by reference.
SECTION 2. The assessments collected will be used to cover costs to operate and
maintain an electronic reader board located within the City of Huntington Beach west of the
intersection of Beach Boulevard and Center Avenue and other promotional and advertising
activities.
SECTION 3. Exhibit A-3 of this Resolution sets forth the budget and items which
describe the activities of the District and the amount to be assessed to those businesses within
the District.
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SECTION 4. A public hearing shall be held before the City Council on
r 5 , 1999, at 7:00 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. 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. 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 Auto
Dealers Association, Inc.,P.O. Box 2700,Huntington Beach, CA 92648; telephone
(949) 831-8458.
SECTION 6. The City Clerk will have this resolution of intention to be published
once in a newspaper of general circulation in the city at least seven days before the public
hearing.
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 resolution.
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 15 to day of MARCH f 1999•
Ma or
ATTEST: APPROVED AS TO FORM:
City Clerk it`�9 City Attorney
y
REVIEWED AND APPROVED: INIT TED AND APPROVED:
City Ad mistrator Director of Economic DeveIo meat
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Res. No. 99-15
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 15th day of March, 1999 by the following vote:
AYES: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: Julien
ABSTAIN: None
City Clerk and ex-of cio Clerk of the
City Council of the City of Huntington
Beach, California