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Home My WebLink AboutCity Council - 2004-55 RESOLUTION NO. 2004-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE CITY'S INTENTION TO LEVY AN ANNUAL ASSESSMENT WITHIN THE HUNTINGTON BEACH AUTO DEALERS ASSOCIATION BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2004-2005 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 Dealers Association Business Improvement District (the "District"), by the passage of Ordinance 3175 on September S, 1992. The time has come to continue the existence of the District for fiscal year 2004-2005 by levying assessments on those businesses that benefit from the improvements constructed;and The District's Advisory Board has prepared and filed with the City Clerk a report for Fiscal Year 2003-2004, ("Annual Report")which, among other things, proposes to modify the amount and basis of levying the assessment for Fiscal Year 2004-2005. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve, determine and find 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 2004-2005 and a description of the improvements and activities to be provided for Fiscal Year 2004-2005. SECTION 2. The City Council hereby declares its intent to levy and collect assessments within the District for Fiscal Year 2004-2005. 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 Exhibit B-1 and listed in Exhibit B-2, in the amounts set forth on Exhibit B-3, which exhibits are incorporated herein by reference. SECTION 3. The assessments collected will be used to cover costs to operate, upgrade, 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 4. A public hearing shall be held before the City Council on August 16, 2004, 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 04resolauto 04nnIO4 I Resolution No. 2004-55 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. 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 Auto Dealers Association, Inc., P.O. Box 2700, Huntington Beach, CA 92648; telephone (949) 831-3443. 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. 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 19th day of July , 2004. Ma APPROVED AS TO FORM: c Clerk Ui 1 ity Atto ey 1(7 i d REVIEWED AND APPROVED: INITIATED AND APPROVED: ity Ad inistrator Dire*orf Economic evelopment 04reso/auto 04l7/7/04 2 Res. No. 2004-55 T 6/2J2004 Huntington Beach Auto Dealers Association Business Improvement District May 2004 Operating Statement Fiscal Year is: October 'I - September 30 Fiscal Year to May-2004 Date Total Income Dealer Assessments $0.00 $67,225.92 Expenses:Phone $21489.85 $2,489.85 Total Income $2,489.85 $69,715.77 Expenses Administrative Expenses $1 ,100.39 $9,317.24 Banner Replacement $0.00 $0.00 Community Relations Projects -00 $217735.00 Electricity. $21404.54 $233746.71 Escrow.-Services. .-._ _. $2.50.0.0. _ ..$2,000.00 'Insu'raneeffaxes $0.00 $1 ,746.24 Miscellaneous $0.00 $0.00 Phone $0.00 $199.01 Program Maintenance $1 ,700.00 $13,500.00 Total Expenses $5,454.93 $72,244.20 Income Less Expenses ($Z1965.08) ($21528.43) Cash in Bank Balance as of: 5/31/2004 $26,867.76 The ch' ck from the City was received on 6/2/2004 iR the amount of$10,741.50." ...-, the-$2 485.8 ih thi631ridorn Iddtiotils a refund for art over.paymertt at'.the,ph.or e compa.PPThe�.Chec�,.was_put in the wrong envelope and deposited automaticly by 1 the'phone company Res. No. 2004-55 EXHISI 7- RESOLUTION PASSED AT HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS MEETING ON JUNE 8, 2004 MEETING Vice President Phyllis Allen moved and Chief Financial Officer Bill Demarest seconded a motion to approve the 2004-2005 Budget as presented and further to instruct Jim Upp, Secretary, to send the proper documents to request City Council approval of the Business Improvement District's 2004-2005 Budget. The individual member monthly assessment will.be $725 for operating the Business Improvement District including the reader board sign. This assessment will be in addition to the individual member monthly assessment of$700 for paying off the $474,000 sign loan. Motion was passed unanimously. I CERTIFY THAT THIS IS A TRUE COPY OF A RESOLUTION FROM THE JUNE 8, 2004MEETING. Wk-KJ esW. Up e etary Res. No. 2004-55 GjBIT / ' BUDGET PROPOSAL FOR THE PERIOD OCTOBER 1, 2004- TO SEPTEMBER 30, 2005 HUNTINGTON BEACH AUTO DEALERS ASSOCIATION BUSINESS DAPROVEMENI`DISTRICT REVENUE Dealer Assessments (Net) $111,969 EXPENSES Administrative Expenses $15,000 Electricity 361000 Escrow Services 31)000 Insurance/Taxes 6,750 Phone 480 Program and Maintenance 18,920 Banner Maintenance 1,00.0 Community Relations, Charitable & School Support Projects 30,000 - Miscellaneous 500 TOTAL EXPENSES $111,650 INCOME EXCEEDS EXPENSES $319 SUMMARY OF SIGNIFICANT BUDGET ASSUMPTIONS FOR THIS BUDGET PROPOSAL NOTE 1 DEALER ASSESSMENTS—Dealer Assessments are based on $725 per month for each of thirteen dealer members. The total assessment income is net after a 1% city administrative charge. NOTE 2 OTHER EXPENSES--All expenses are based on estimates derived from current and previous months' and years activities. Res. No. 2004-55 Huhting or!' Bead BLVD of CARS Reader Board SitelE 1 a� Edinger Hyundai Heil Dodge Q Chrysler-Jeep & Hummer 0 Lincoln Mercury Mazda Mitsubishi Warner Nissan' Slater Talbert Chevrolet Ford Volkswagen Ellis - Saturn Toypta m Garfield - IUA CIO �D a n CA Res. No. 2004-55 Huntington Beach Automobile Dealers ❑ Clay James/John Holmbeck ❑ Steve Brown/Joe Garofalo Huntington Beach Dodge Heritage Lincoln-Mercury-Mazda 16555 Beach Boulevard 16800 Beach Boulevard Huntington Beach, CA 92647 Huntington Beach, CA 92647 (714) 847-5515 Ext. 232 . (714) 848-7739 FAX 847-1265 FAX 596-0230 ❑ Tom Croxton/Jim Mulvaney ❑ Bill McQuown/Ned Sobh Huntington Beach Mitsubishi Saturn of Huntington Beach 16751 Beach Blvd. 18801 Beach Boulevard Huntington Beach, CA 92647 Huntington Beach, CA 92648 (714) 375-9493 Fax 842-1563 (714) 841-9828 FAX 842-8499 ❑ Dave DeLillo/Bill Demarest ❑ Danny McKenna DeLillo Chevrolet McKenna Motors Huntington Beach 18211 Beach-Boulevard 18711 Beach Blvd. Huntington Beach, CA 92647 Huntington Beach, CA 92648 (714) 847-6087 FAX 847-6721 842-2000 FAX 841-7819 ❑ Rick Evans/Ross Heiman ❑ Jerry Benn/John Dalpe Huntington Beach Chrysler, Jeep, Norm Reeves Honda Hummer 19131 Beach Boulevard 16710 Beach Boulevard Huntington Beach, CA 92648 Huntington Beach, CA 92647 (714) 963-1959 FAX 375-9783 (714) 841-3999, ext. 221 FAX 842-2903/841-9993 ❑ Bob Miller/Dennis Prado Toyota of Huntington Beach ❑ Phyllis Allen/Robert Levenstein 18881 Beach Boulevard Huntington Beach Ford Huntington Beach, CA 92648 18255 Beach Boulevard (714) 847-8555 FAX 847-1105 Huntington Beach, CA 92648 (714) 842-6611 FAX 848-3481 ❑ Jim Upp Executive Director ❑ Tracy Cail/Dave Choi Huntington Beach Auto Dealers Assoc. KIA of Huntington Beach 28141 Bluebell Dr. 19232 Beach Blvd. Laguna Niguel, CA 92677-7067 Huntington Beach, CA 92648 (949) 831-3443 (714) 593-5851 FAX (714) 593-5852 ❑ Douglas Spedding/Pat Finely Douglas Nissan 17331 Beach Boulevard Huntington Beach, CA 92647 (714) 842-6666 FAX 375-0076 Res. No. 2004-55 EXHIBIT B-3 Huntington Beach Auto Dealers Business Improvement District 2004-2005 Fiscal Year Assessments Monthly Assessment for Fiscal Year October 2004 to September 2005 $725.00 Monthly Assessment for Loan Repayment $700.00 TOTAL MONTHLY ASSESSMENT OF EACH DEALER FOR 2004—2005 FISCAL YEAR $1,425.00 Res. No. 2004-55' STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN FLYNN, the duly appointed, 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 an regular meeting thereof held on the 19th day of July, 2004 by the following vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen NOES: None ABSENT: None ABSTAIN: None ity Clerk and ex-offi4Z Clerk of the City Council of the City of Huntington Beach, California