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HomeMy WebLinkAboutCity Council - 2009-47 RESOLUTION NO. 2009-47 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 2009-2010 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 2009-2010 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 2007-2009, ("Annual Report") which sets forth the amount and basis of levying the assessment for Fiscal Year 2009-2010. 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 2009-2010 and a description of the improvements and activities to be provided for Fiscal Year 2009-2010. SECTION 2. The City Council hereby declares its intent to levy and collect-assessments within the District for Fiscal Year 2009-2010. 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 in the amounts set forth therein, which exhibit is incorporated herein by this 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 21, 2009 , 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 09-2124/35363 1 Resolution No. 2009-47 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 17 t h day of August , 200 9 Or Mayor REVIE APPROVED: INITIATED AND PROVED: G City Administr4tor Director of Economic Development APPROVED AS TO FORM: Fitytto ey nay/- br-11J-o ' D rl 09-2124/35363 2 Resolution No. 2009-47 EXHIBIT A HUNTINGTON BEACH AUTO DEALERS ASSOCIATION BUSINESS IMPROVEMENT DISTRICT BUDGET/REPORT October 1, 2008 to September 30, 2009 REVENUE Budget 2008/09 Previous Year Carry Over $ 44,000.00 Business Improvement Assessment $ 177,903.00 Total Revenues: $ 221,903.00 EXPENSES Promotional Budgeted Exp thru June Exp July-Sept Total Difference Activities and Events $ 51,966.00 $ 27,755.00 $ 9,252.00 $ 37,007.00 $14,959.00 Management Services $ 27,000.00 $ 10,918.80 $ 3,639.00 $ 14,557.80 $12,442.20 Misc/DUeS and Fees $ 500.00 $ 3,157.70 $ 3,157.70 -$2,657.70 Office rent/Maintenance $ 14,477.00 $ 10,035.00 $ 3,345.00 $ 13,380.00 $1,097.00 Office Supplies $ 1,000.00 $ 564.90 $ 189.00 $ 753.90 $246.10 Subtotal Promotional: $ 94,943.00 $ 52,431.40 $ 16,425.00 $ 68,856.40 $26,086.60 Reader Board Sign Maintenance Electricity. $ 15,000.00 $ 12,427.00 $ 4,143.00 $ 16,570.00 -$1,570.00 Insurance/Taxes $ 10,606.00 $ 4,957.00 $ 2,814.00 $ 7,771.00 $2,829.00 Loan payment $ 83,000.00 $ 62,320.05 $ 20,773.35 $ 83,093.40 -$93.40 Maintenance $ 11,400.00 $ 8,550.00 $ 2,850.00 $ 11,400.00 $0.00 Phone(data transmission) $ 1,200.00 $ 2,157.65 $ 324.00 $ 2,481.65 -$1,281.65 Programming for sign $ 5,760.00 $ 4,290.00 $ 1,440.00 $ 5,730.00 $30.00 Subtotal Readerboard Sign: $ 126,960.00 $ 94,701.70 $ 32,344.35 $ 127,046.05 -$86.05 Total Expenses: $ 221,903.00 $ 147,138 $. 48,769 $ 195,902 $26,000.55 Resolution No. 2009-47 EXHIBIT A Huntington Beach Auto Dealer Business Improvement District Proposed Budget October 1, 2009 to September 30, 2010 REVENUE") Previous Year Carry Over (estimated) $ 26,000 Business Improvement Assessment $ 156,060 Total Revenues: $ 182,060 EXPENSES Promotional Activities and Events(2) $ 25,000 Management Services $ 27,000 Misc/Dues and Fees $ 500 Office Supplies $ 1,000 Subtotal Promotional: $ 53,500 Reader Board Sign Maintenance Electricity $ 15,000 Maintenance $ 12,300 Programming $ 5,760 Insurance/Taxes $ 10,600 Car Store $ 83,700 Phone (data transmission) $ 1,200 Subtotal Readerboard Sign: $ 128,560 Total Expenses: $ 182,060 NOTES: (1) Car Store assessments are based on $ 785 per month for each of the members. The operating assessments are based on $660 per month for each of the members. Dealers pay a total of$1,445 per month including a 1% administrative charge. Surplus Revenue of$26,000 represents excess assessment maintained by city finance dept. (2) HB Athletic Programs ($2,000); School Scholastic Programs ($2,000);School Grad Nights ($2,500);Image advertising to buy at home ($12,000); Plus Misc. promotional activities and events ($6,500). Resolution No. 2009-47 Exhibit B HUNTINGTON BEACH AUTO DEALERS Be® LIST OF MEMBER H.B. CHRYSLER-JEEP H.B. FORD RICK EVANS/ROSE HELMAN OSCAR BAKHTIARI/OMAR 16701 BEACH BLVD. 18255 BEACH BLVD. PHONE 841-3999 FAX 842-2903-841-9993 PHONE 842-6611 FAX 847-8788 H.B. MAZDA SURF CITY NISSAN JOHN PATTERSONIERIC CASILLAS-GSM LARRY SMITHIFRED ANGIULI 16800 BEACH BLVD. 17331 BEACH BLVD. PHONE 848-7739 FAX 847-1265 842-6666 F 375-0076/847-0759 TOYOTA OF HB H.B. MITSUBISHI BOB MILLERIDENNIS PRADO ABBAS AHMADI/CHUCK BIEN 18881 BEACH BLVD. 16751 BEACH BLVD. PHONE 847-8555 FAX 847-1105 PHONE 375-9493 FAX 842-1563 DELILLO CHEVROLET MC KENNA MOTORS DAVE DELILLO/BILL DEMAREST MARIN DELGADOIDANNY MC KENNA 18211 BEACH BLVD. 18711 BEACH BLVD. PHONE 847-6087 FAX 847.6721 PHONE 842-2000 FAX 714-843-8369 NORM REEVES HONDA HUNTINGTON BEACH DODGE DAN KLAINITTER/JOHN DALPE CLAY JAMESILARRY SMITH 19131 BEACH BLVD. 16555 BEACH BLVD PHONE 842-5431 FAX 375-9783 PHONE 847-5515 FAX 596-0230 BILL NELSON A/DLR DIRECTOR 714-536-8614 surfhb@socal.rr.com Res. No. 2009-47 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 a regular meeting thereof held on August 17, 2009 by the following vote: AYES: Carchio, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: Dwyer ABSTAIN: None Cit Clerk and ex-officio Verk.of the City Council of the City of Huntington Beach, California