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Home My WebLink AboutCity Council - 2005-52 RESOLUTION NO. 2 0 0 5-5 2 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 2005-2006 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 8, 1992. The time has come to continue the existence of the District for fiscal year 2005-2006 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 2004-2005, ("Annual Report") which sets forth the amount and basis of levying the assessment for Fiscal Year 2005-2006. 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 2005-2006 and a description of the improvements and activities to be provided for Fiscal Year 2005-2006. SECTION 2. The City Council hereby declares its intent to levy and collect assessments within the District for Fiscal Year 2005-2006. The levy is to apply to small businesses classified by the City of Huntington Beach License Code as Class A Retail Sales, (Al) 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 September 6, 2005, 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 05reso/auto 05 intent/8/4/05 I Reso. 2005-52 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 15th day of August , 2005. REVIEWED AND APPROVED: APPROVED AS TO FORM: ity Admi`istrator y Attorney � OS INITIATED AN PROVED: Director of Economic Develop e �VO*a 05reso/auto 05 intent/6/20/05 2 Exhibit "A" Huntington Beach Auto Dealers Business Improvement District Fiscal Year 2004-2005 Annual Report reso. 2005-52 exhibit "A" BUDGET PROPOSAL FOR THE PERIOD OCTOBER 1, 2005 TO SEPTEMBER 30, 2006 HUNTINGTON BEACH AUTO DEALERS ASSOCIATION BUSINESS IMPROVEMENT DISTRICT REVENUE Dealer Assessments (Net) $89,100 EXPENSES Administrative Expenses $12,500 Electricity 16,000 Escrow Services 31,000 Insurance/Taxes 8,550 Phone 360 Program and Maintenance 17,160 Community Relations, Charitable & School Support Projects 30,000 Miscellaneous 1,500 TOTAL EXPENSES $89,070 INCOME EXCEEDS EXPENSES $30 SUMMARY OF SIGNIFICANT BUDGET ASSUMPTIONS FOR THIS BUDGET PROPOSAL NOTE 1 DEALER ASSESSMENTS--Dealer Assessments are based on $625 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. Reso. 2005-52 Exhibit "A" RESOLUTION PASSED AT HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS SPECIAL MEETING ON JULY 11, 2005 Chief Financial Officer Bill Demarest moved and President Pat Finley seconded a motion to approve the 2005-2006 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 2005-2006 Budget. The motion was passed unanimously. The individual member monthly assessment will be $625 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 JULY 1, 2004 MEETING. •cretary �Up Reso. 2005-52 Exhibit "A" 6/6/2005 Huntington Beach Auto Dealers Association Business Improvement District May 2005 Operating Statement Fiscal Year is: October 1 - September 30 Fiscal Year to May-2005 Date Total Income Dealer Assessments $0.00 $34,328.25 Misc. Income $0.00 $5,225.00 Interest $0.00 $333.84 Total Income $0.00 $39,887.09 Expenses Administrative Expenses $2,486.31 $8,297.23 Community Relations Projects $3,500.00 $25,550.00 Electricity $0.00 $8,946.22 Escrow Services $250.00 $2,000.00 Insurance/Taxes $0.00 $3,553.00 Miscellaneous $0.00 $580.48 Phone r $0.00 $266.73 Program Maintenance $0.00 $11 ,980.00 Total Expenses $6,236.31 $61,173.66 Income Less Expenses ($6,236.31) ($21,286.57) Cash in Bank Balance as of: 5/31/2005 General Account $14,776.48 Southern California Edison Bill was paid on 6/3/2005. Money Market $0.00 Verizon Bill was paid on 6/3/2005. Electra-Media, Inc. Total $149776.48 has a credit balance pending. Reso. 2005-52 EXHIBIT B-1 Huntngto.n.Bea.chF BLVD of CARS Reader Board Site>r , Edinger Hyundai Heil Dodge 0 Chrysler-Jeep & Hummer Lincoln Mercury Mazda Mitsubishi Warmer _ Nissan' Slater Talbert Chevrolet (: Ford Volkswagen 0 Ellis - Saturn Toyota -Honda M Gartieid KfA cn n S C Q s Resolution 2005-52 Exhibit B-2 Huntington Beach Automobile Dealers ❑ M. Chesrown/Jay Goodart ❑ Douglas Spedding/Pat Finely Huntington Beach Hyundai ❑ Douglas Nissan 16401 Beach Blvd. 17331 Beach Boulevard Huntington Beach, CA 9267 Huntington Beach, CA 92647 (714) 841-9828 FAX 842-8499 (714) 842-6666 FAX 375-0076 o Steve Brown/Ed Ismail ❑ Clay James/John Holmbeck Heritage Lincoln-Mercury-Mazda Huntington Beach Dodge 16800 Beach Boulevard 16555 Beach Boulevard Huntington Beach, CA 92647 Huntington Beach, CA 92647 (714) 848-7739 FAX 847-1265 (714) 847-5515 Ext. 232 FAX 596-0230 ❑ Tom Croxton/Jim Mulvaney Huntington Beach Mitsubishi ❑ Chris Ondell 16751 Beach Blvd. Saturn of Huntington Beach Huntington Beach, CA 92647 18801 Beach Boulevard (714) 375-9493 Fax 842-1563 Huntington Beach, CA 92648 (714) 841-9828 FAX 842-8499 o Dave DeLillo/Bill Demarest DeLillo Chevrolet ❑ Danny McKenna 18211 Beach Boulevard McKenna Motors Huntington Beach Huntington Beach, CA 92647 18711 Beach Blvd. (714) 847-6087 FAX 847-6721 Huntington Beach, CA 92648 842-2000 FAX 841-7819 ❑ Rick Evans/Ross Helman Huntington Beach Chrysler, Jeep, ❑ Jerry Benn/John Dalpe Hummer Norm Reeves Honda 16710 Beach Boulevard 19131 Beach Boulevard Huntington Beach, CA 92647 Huntington Beach, CA 92648 (714) 841-3999, ext. 221 (714) 963-1959 FAX 375-9783 FAX 842-2903/841-9993 ❑ Bob Miller/Dennis Prado Li Robert Levenstein Toyota of Huntington Beach Power Ford 18881 Beach Boulevard 18255 Beach Boulevard Huntington Beach, CA 92648 Huntington Beach, CA 92648 (714) 847-8555 FAX 847-1105 (714) 842-6611 FAX 848-3481 ❑ Jim Upp ❑ Carl Rossman/Dave Hupart Executive Director KIA of Huntington Beach Huntington Beach Auto Dealers Assoc. 19232 Beach Blvd. 28141 Bluebell Dr. Huntington Beach, CA 92648 Laguna Niguel, CA 92677-7067 (714) 593-5851 FAX (714) 593-5852 (949) 831-3443 Resolution No. 2005-52 EXHIBIT B-3 HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT 2005-2006 FISCAL YEAR ASSESSMENTS Monthly Assessment for Fiscal Year October 2005 to September 2006 $ 625.00 Monthly Assessment for Loan Repayment 700.00 TOTAL MONTHLY ASSESSMENT OF EACH DEALER FOR 2005-2006 FISCAL YEAR $1,325.00 Res. No. 2005-52 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 an regular meeting thereof held on the 15th day of August, 2005 by the following vote: AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook NOES: None ABSENT: None ABSTAIN: None Ci Clerk and ex-officic6llerk of the City Council of the City of Huntington Beach, California