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HomeMy WebLinkAboutApprove Huntington Beach Auto Dealers’ Business Improvement Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied y er s Si ur?�t Council Meeting Date: 8/15/2005 Departm ID Number: ED 05-06 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION Vti -J SUBMITTED TO: HONORABLE MAYOR AND CITY CQUNCIL MEMBERS SUBMITTED BY: PENELO��CUL ETH-G Y ADO IN' T TOR ! 2 C"I CD � PREPARED BY: ROBERT F. BEAR SL Y, C ING DIR CTOR OF E O It )> DEVELOPMENT e: c SUBJECT: Approve Huntington Beach Auto Dealers Business Improvement District 2004-2005 Annual Report, Adopt Resolution of Intention to Levy an Annual Assessment for Fiscal Year 2005-2006 and Schedule Public Hearing for September 6, 2005 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On September 8, 1992 the City Council approved Ordinance No. 3175 to establish the Huntington Beach Auto Dealers Business Improvement District (BID) as a method of financing, billing and collections for construction costs, operation, and maintenance of the electronic reader board sign and other promotional programs allowed under the law. The Parking and Business Improvement Law of 1989 requires an Annual Report be filed for each fiscal year, a Resolution of Intention be passed to levy an assessment for the next fiscal year (2005-2006), and a public hearing date be set. Funding Source: Not applicable. Recommended Action: Motion: 1. Approve the Huntington Beach Auto Dealers Business Improvement District Annual Report for FY 2004-2005. 2. Adopt City Council Resolution No.00S-S)., a Resolution of Intention of the City of Huntington Beach to levy an assessment for the Huntington Beach Auto Dealers Business Improvement District for fiscal year 2005-2006. 3. Direct the City Clerk to schedule a public hearing to be held on September 6, 2005 and send copies of the Resolution of Intention, BID Boundary Map, and assessment formula to each business to be assessed. Alternative Action(s): 1. Return the 2004-2005 Annual Report of the Huntington Beach Auto Dealers Business Improvement District to the Huntington Beach Auto Dealers Association for additional information. 2. Deny the request to approve the Resolution of Intention. REQUEST FOR ACTION MEETING DATE: 8/15/2005 DEPARTMENT ID NUMBER:ED 05-06 Analysis: The Huntington Beach Auto Dealers Association requested the City Council to form a Business Improvement District (BID) to fulfill its obligations to operate and maintain the electronic reader board located just off the 405 freeway. Under the Business Improvement District state law, the Auto Dealers have the option of implementing other programs to enhance the District. Dealer assessments for all dealers are $1,325 per month; $625 for operating costs, including the maintenance of the reader board sign, plus $700 to repay the $474,000 loan from the Redevelopment Agency for the upgrade of the reader board sign. The City Council approved the loan at its meeting of May 3, 2004, and the upgraded electronic sign has been in operation since January, 2005. Environmental Status: Not applicable. Attachment(s): City Clerk's . - NumberDescription 1. Resolution of Intention to Levy Assessment for FY 2005-2006 Exhibit A— Huntington Beach Auto Dealers BID Annual Report Exhibit B-1 — Huntington Beach Boulevard of Cars Boundary Map Diagram Exhibit B-2— Huntington Beach Automobile Dealers Members List Exhibit B-3 — Huntington Beach Auto Dealers BID 2005-2006 Fiscal Year Assessments GAAaron\BID's\BID Renewals\Auto Renewal\Auto Renewal RCA 2005.doc -2- 8/8/2005 5:10 PM ATTACHMENT # 1 RESOLUTION NO. 2005-52 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 1 5th day of August ,2005. *0000' REVIEWED AND APPROVED: APPROVED AS TO FORM: p'� ity Admi istrator sty Attorney � 0� INITIATED AN PROVED: Director of Economic Develop e ���/�, - 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 3,000 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 1, 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. p cretary 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 $21486.31 $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 $31553.00 Miscellaneous $0.00 $580.48 Phone r $0.00 $266.73 Program Maintenance $0.00 $11 ,980.00 Total Expenses fi $6,236.31 $613173.66 Income Less Expenses ($6,236.31) ($21,286.57) Cash in Bank Balance as of: 5/31/2005 General Account $141776.48 Southern California Edison Sill was paid on 6/3/2005. ,1 Money Market $0.00 Verizon Bill was paid on 6/3/2005. Electra-Media,Inc. Total $ !47776.48 has a credit balance pending. Reso. 2005-52 EXHIBIT B-1 _ Nurt#irrg-to Beac r BLVD of CARS Reader Board Site! / nn V� Edinger Hyundai® Heil Dodge Chrysler-Jeep & Hummer !_incoln (Mercury Mazda Mitsubishi 1larner Nissan-� Slater Talbert Chevrolet (- Ford Q Volkswagen Q Ellis - Saturn Toyota Gar -Honda ® field m tD n a 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 ❑ 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 Ondeli 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 ❑ 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 ❑ 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 o 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 herebycertify that the whole number of members of the City Council of the fY Y 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-offici Jerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Huntington Beach Auto Dealers BID Annual Renewal COUNCIL MEETING DATE: August 15, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorne Certificates of Insurance (Approved b the City Attorne Attached ❑ ( pp Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable If applicable) Attached Bonds ❑ ( pp ) Not Applicable Attached ❑ Staff Report (If applicable) Not Applicable Commission, Board or Committee Re ort If applicable Attached El p ( pp ) Not Applicable Attached ❑ Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDW) Administrative Staff o(X Assistant City Administrator Initial City Administrator (initial) City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Aaron Schulze X5183 Council/Agency Meeting Held: Deferred/Continued to: ! /?AC Ap roved Conditionally Approved ❑ Denied C' 's Siggaturie 41 Council Meeting Date: 9/6/2005 Department ID Number: ED 05-24 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION a SUBMITTED TO: HONORABLE MAYOR CITY COUN L MEMBERS ,. : &,kA_ — SUBMITTED BY: PENEIE CUYLBRETH-GRA , CITY ADMINISTRATOAE4�­ SUBJECT: r.` 7_ PREPARED BY: PAUL EMERY, ACTING ECONOMIC DEVELOPMENT DI Conduct Public Hearing and Adopt Resolution for HuntincOon > Beach Auto Dealers Business Improvement District Annual Assessment for Fiscal Year 2005-2006 Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: At the City Council meeting of August 15, 2005, the City Council approved Resolution No. 2005-52. This action declared the City's intention to levy an assessment for the Huntington Beach Auto Dealers Business Improvement District for 2005- 2006 and authorized the City Clerk to schedule a public hearing to be held on September 6, 2005. Copies of the Resolution, BID Boundary Map and assessment formula were sent to each business to be assessed. In follow-up to this action, the City Council must now hold a public hearing and pass a resolution approving an annual assessment for the 2005-2006 fiscal year. Funding Source: Not Applicable. Recommended Action: Motion to: 1. Conduct Public Hearing. 2. Adopt City Council Resolution No. 2005- 61 , A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment for Fiscal Year 2005-2006 to Fund Improvements Within the Huntington Beach Auto Dealers Business Improvement District. Alternative Action(s): Deny the request to Approve the Resolution. REQUEST FOR ACTION MEETING DATE: 9/6/2005 DEPARTMENT ID NUMBER:ED 05-24 Analysis: In Fiscal Year 1992-93, the Huntington Beach Automobile Dealers Association requested the City Council to form a Business Improvement District (BID) to fulfill its obligations to operate and maintain the electronic reader board. Under the Business Improvement District state law, the Parking and Business Improvement Law of 1989, the Automobile Dealers have the option of implementing other programs to enhance the District. In May 2004, the Huntington Beach Redevelopment Agency loaned $474,000 to the Huntington Beach Automobile Dealers Association for a substantial upgrade of the electronic reader sign, and those improvements were completed by January 2005. Fiscal Year 2005-2006 dealer assessments are $1,325 per month: $625 for operating costs, including the maintenance of the reader board sign, plus $700 per month to repay the loan. The Huntington Beach Auto Dealers Associationmembers serve as the Board of Directors 9 for the BID and they proposed these assessments for City Council review and approval. Environmental Status: Not Applicable. Attachment(s): City Clerk's Page Number No. Description 1. Resolution No. 2005- 61, approving an Annual Assessment for Fiscal Year 2005-2006 to Fund Improvements Within the Huntington Beach Auto Dealers Business Improvement District. 2. Resolution No. 2005-52, approved August 15, 2005, declaring the Intention of the City to Levy an Annual Assessment for the Auto Dealers Business Improvement District. 3. PowerPoint Presentation. G:\Aaron\BID's\BID Renewals\Auto Renewal\RCA PUBLIC HEARING 090605.doc -2- 8/11/2005 9:45 AM ATTACHMENT # 1 Fi nvO'' /0 -/ - 2003"" RESOLUTION NO. 2005-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING 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, the Huntington Beach Auto Dealers Association 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 2004-05 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 sets forth the amount and basis of levying the assessment for Fiscal Year 2005-2006. On August 15, 2005 , the City Council adopted a resolution declaring its intention to levy an annual assessment for Fiscal Year 2005-2006 as proposed in the District's Annual Report. 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 and adopts 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 report 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 of the City of Huntington Beach hereby authorizes a levy and collection of assessments within the District for fiscal year 2004- 05 as proposed in the Annual Report. 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 B-1 and B-2, in the amount of Six Hundred Twenty-Five Dollars($625)per month for fiscal year 2004-05 plus an additional$700 for repayment of electronic reader board sign, for a total of$1,325 per month, as set forth on Exhibit B=3, which Exhibits are incorporated herein by reference. 05reso/auto 05 approve/8/9/05 1 Res. No. 2005-61 .SECTION 3. The assessments collected shall 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. This resolution shall take effect on October 1 , 2005 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of September ,2005. JAW Fie n.4�L REVIEWED AND APPROVED: APPROVED AS TO FORM: C Y1 C ICity Administrator 1� ity Attorney 0 INITI AND PROVED: Director of Econ is Development O5reso/auto 05 approve/8/9/05 2 Res. No. 2005-61 Annual Report Res. No. 2005-61 Exhibit "A" Huntington Beach Auto Dealers Business Improvement District Fiscal Year 2004-2005 Annual Report Res. No. 2005-61 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 3,000 Insurance/Taxes 8,550 Phone 360 Program and Maintenance 17,160 Community Relations, Charitable & School Support Projects 30,000 Miscellaneous 1,500 TOTAL EXPENSES $893,070 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. Res. No. 2005-61 Exhibit "A" 6/6/2005 Huntington Beach Auto Dealers Association Business Improvement District May Operating 2005 O eratin 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 $399887.09 Expenses Administrative Expenses $2,486.31 $8,297.23 Community Relations Projects $3,500.00 $257550.00 Electricity $0.00 $8,946.22 Escrow Services $250.00 $27000.00 Insurance/Taxes $0.00 $37553.00 Miscellaneous $0.00 $580.48 Phone r $0.00 $266.73 Program Maintenance $0.00 $11 ,980.00 Total Expenses $69236.31 $61,173.66 Income Less Expenses ($6,236.31) ($21,286.57) Cash in Bank Balance as of: 5/31/2005 Li General Account $147776.48 Money Market $0.00 Southern California Edison Bill was paid on 61312005. Verizon Bill was paid on 6/3/2005. Electra-Media, Inc. Total $14,776.48 has a credit balance pending. Res. No. 2005-61 Exhibit "A" RESOLUTION PASSED AT HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS SPECIAL MEETING ON JULY 1, 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. •�P cretary Res. 2005-61 District Map Res. No. •2005-61 Exhibit "B-1 " EXHIBIT B-1 Hunf rrgton,.Be.a.chf BLVB of GARS Reader Board SRO-- / 06 Edinger Heil Dodge Q Chrysler-Jeep & Hummer Q Lincoln Mercury Mazda Mitsubishi gamer Slater Talbert Chevrolet Ford Volkswagen Q Ellis - Saturn Q Toyota m - -Honda Garfield c� a� . Q Res. No. 2005-61 District Dealers List EXHIBIT Bm2 Res No. 2005-61 Exhibit B-2 Huntington Beach Automobile Dealers ❑ Steve Brown/Tony DeMarco ❑ Clay James/Steve Goldman 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 ❑ Wayne Elchlepp 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 ❑ 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, ❑ Dan Klawitter/Dave Conant 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 ❑ Jon Moholy 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 ❑ Bob Miller/John Holmbeck 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 ❑ Douglas Spedding/Pat Finely Douglas Nissan 17331 Beach Boulevard Huntington Beach, CA 92647 (714) 842-6666 FAX 375-0076 Res No. 2005-61 Annual Assessments • Res No. 2005-61 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. 2005-61 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 19th day of September, 2005 by the following vote: AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook NOES: None ABSENT: None ABSTAIN: None fy Clerk and ex-officaClerk of the City Council of the City of Huntington Beach, California Attachment #2 RESOLUTION NO. 2005-52 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 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 day of , 2005. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: —cltj ity Admi 'strator J �yt Attorney �`��� °� Y� 0� INITIATED AN PROVED: Director of Economic Develop e �1 g/� 05rm/auto 05 intentffiaG/05 2 ATTACHMENT #3 Huntington Beach Auto Dealers Background Business Improvement District(BID) First Formed 1992 • HB Auto Dealers Requested BID be Formed Annual Renewal for FY 2005-2006 to Operate and Maintain Electronic Reader Board Sign September 6,2005 • Redevelopment Agency Loaned$474,000 to Auto Dealers for Reader Board Sign Update in May 2004 JI J Background Participating Dealers •Huntington Beach Dodge August 15,2005 •H.B.Chrysler Jeep Hummer City Council Approved •DeLillo Chevrolet •KIA of Huntington Beach Resolution No. 2005-52 •Power Ford •McKenna Motors Intention to Levy Assessment for •Toyota of Huntington Beach Huntington Beach Auto Dealers BID for •Douglas Nissan 2005-2006 and Scheduled Public Hearing •Heritage Lincoln-Mercury-Mazda c't,c.�l •Norm Reeves Honda R�1•n�o •Huntington Beach Mitsubishi •Saturn of Huntington Beach 1 Current Status Process •Copies of Resolutionwith map and assessment •State BID law requires City Council to conduct a protest hearing to formula were sent to each affected business. consider all protests against the establishment of the BID. •FY 2005-2006 Budget of$89,100. If written protests are received from affected business owners of 50 percent or more of assessments,no further proceedings to consider the •Proposed FY 2005 2006 Assessment is$625 per Business Improvement District can be considered for one year. month,plus$700 per month for Redevelopment •At the conclusion of the protest/public hearing,the City Council may Agency loan repayment for electronic reader board reduce or modify the proposed assessment or types of activities to be sign update. funded with assessment revenues. -Proposed Budget and Assessment Approved by BID •The City Council has the option of not renewing the Business Improvement District. Board of Directors July 1,2005. —Pi Recommended Action City Council Actions needed: • Hold Public Hearing • Pass Resolution Approving Annual Assessment for FY 2005-2006 2 RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Huntington Beach Auto Dealers BID Renewal Public Hearin COUNCIL MEETING DATE: September 6, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Appiicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full b the Cit Attorne ) Attached Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved b the City Attorne Attached ❑ ( Pp Y Y Y) Not Applicable Attached Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Re ort If applicable Attached P ( pp ) Not Applicable Attached ❑ Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ) Assistant City Administrator Initial City Administrator Initial ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below Space RCA Author: Iamb,x5186 Impression antibounage et a s6chage rapide ® www.avery com 141004"VERY AVERY®5960"K Udfixez le gait 59tsi ®' Steve Brown/Tony DeMarco Tom Croxton/Jim Mulvaney Dave DeLillo/Bill Demarest Heritage Lincoln-Mercury-Mazda Huntington Beach Mitsubishi DeLillo Chevrolet 16800 Beach Blvd. 16751 Beach Blvd. 18211 Beach Blvd. Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 Rick Evans/Ross Heiman Jon Moholy Bob Miller/John Holmbeck Huntington Beach Chrysler,Jeep, Power Ford Hummer K1A of Huntington Beach 18255 Beach Blvd. 19232 Beach Blvd. 16710 Beach Blvd. Huntington Beach, CA 92647 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Douglas Spedding/Pat Finely Clay James/Steve Goldman Wayne Eichlepp Douglas Nissan Huntington Beach Dodge Satu rn of Huntington Beach 1733Beach Blvd. 16555 Beach Blvd. 18801 Beach Blvd. Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92648 Danny McKenna Dan Klawitter/Dave Conant Bob Miller/Dennis Prado McKenna Motors Huntington Beach Norm Reeves Honda Toyota of Huntington Beach 18711 Beach Blvd. 19131 Beach Blvd. 18881 Beach Blvd. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Jim Upp Executive Director Huntington Beach Auto Dealers Assoc. 28141 Bluebell Dr. Laguna Niguel, CA 92677-7067 A wi096S®��� a H3AV-09-008-1 �� —0965 31H7dINU�aAv asn woYAAaae%%VA 6uquud eai-J a6pnw5 pue user RESOLUTION NO. 2005-52 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, (A i) 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 O5reso/auto 05 intent/8/4{05 I l 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 1 5th day of August , 2005. REVIEWED AND APPROVED: APPROVED AS TO FORM: ity Admi istrator )ty Attorney 2 INITIATED AN PPROVED: /7 , / C Director of Economic Develop e p� 05resolauto 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 3,000 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 1, 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 i, 2004 MEETING. �p cretary 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 $57225.00 Interest $0.00 $333.84 Total Income $0.00 $39,887.09 Expenses Administrative Expenses $2,486.31 $81297.23 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 $31553.00 Miscellaneous $0.00 $580.48 Phone r $0.00 $266.73 Program Maintenance $0.00 $111980.00 Total Expenses Y $6,236.31 $612173.66 Income Less Expenses ($67236.31) ($21,286.57) Cash in Bank Balance as of: 5/31/2005 _J General Account $141776.48 Southern California Edison Bill was paid on 6/3l2005. Money Market $0.00 Verizon Bill was paid on 6/312005. Electra-Media,Inc. Total $149776.48 has a credit balance pending. ReSO. 2005-52 EXHIBIT B-1 Nurttingfon.Bead BLVD of CARS Reader Board SRO-- % 05 - .- Edinger Hyundai Heil Dodge Chrysler-Jeep & Hummer Lincoln Mercury Mazda Mitsubishi Vllamer Nissan S . . . ... _. _ _ facer Talbert Chevrolet Ford Volkswagen Ellis Saturn Toypta Garfield -Honda N n Q Resolution 2005-52 Exhibit B-2 Huntington Beach Automobile Dealers a M. Chesrown/Jay Goodart o 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 a Steve Brown/Ed Ismail o 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 ❑ Dave DeLillo/Bill Demarest DeLillo Chevrolet o 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 Heiman 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 o Bob Miller/Dennis Prado ❑ 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 ) 1, 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-officio6lierk of the City Council of the City of Huntington Beach, California 88 Thursday,August 25,2005 Independent Legal Notices 2NO Legal Notices 2640 LegalNdcos 2640 Legafttlws 2640 LegalNolices 2640 1 Legal Notices 2640 LegalNdces 2640 1 LegalNolices 2640 LegalNoOces 2640 Legal Notices 2640 RESOLUTION NO. 2005-52 EXHIBIT A A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF BUDGET PROPOSAL HUNTINGTON BEACH DECLARING THE CITY'S INTENTION TO LEVY AN ANNUAL ASSESSMENT WITHIN THE HUNTINGTON BEACH FOR THE PERIOD OCTOBER 1,2005 TO SEPTEMBER 30i 2006 AUTO DEALERS ASSOCIATION BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2005-2006 HUNTINGTON BEACH AUTO DEALERS ASSOCIATION 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 REVENUE improvement areas for the purpose of imposing benefit assessments on businesses for certain Dealer Assessments(Net) $89,100 purposes;and The City Council has formed a business improvement area,known as the Huntington Beach EXPENSES Auto Dealers Association Business Improvement District(the"Districf),by the passage of Administrative Expenses Ordinance 3175 on September 9,1992.The time has come to continue the existence of the District Electricity. 16,000 for fiscal year 2005.2006 by levying assessments on those businesses that benefit from the Escrow Services 3,000 improvements constructed;and Insurance/Taxes 8,550 Phone 360 The District's Advisory Board has prepared and filed with the City Clerk a report for Fiscal Program and Maintenance 17,160 Year 2004-2005,("Annual Report')which sets forth the amount and basis of levying the Comm Relations Charitable&'School assessment for Fiscal Year 2005-20,06. unity , Support Projects 30,000 Miscellaneous 1,500 NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby resolve,determine and find as follows: TOTALEXPENSES $89,070 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 INCOME EXCEEDS EXPENSES' $30 reference,which includes a proposed budget for Fiscal Year 2605-2006 and a description of the improvements and activities to be provided for Fiscal Year 2005.2006, SUMMARY OF SIGNIFICANT BUDGET ASSUMPTIONS SECTION 2. The City Council hereby declares its intent to levy and collect assessments FOR THIS BUDGET PROPOSAL within the District for Fiscal Year 2005.2006.The levy is to apply to small businesses classified by NOTE 1 DEALER ASSESSMENTS--Dealer Assessments are based on$625 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 per month for each of thirteen dealer members.The total assessment income is net and listed in Exhibit B-2,in the amounts set forth on Exhibit B-3,which exhibits are incorporated after a I%city administrative charge. heroin by reference. NOTE 2 OTHER EXPENSES--All expenses are based on estimates derived SECTION 3. The assessments collected will be used to cover costs to operate,upgrade, from current and previous months'and years activities. and maintain an electronic reader board located within the City of Huntington Beach west of the intersection of Bench Boulevard and Center Avenue and other promotional and advertising activities. EXHIBIT SECTION 4. A public hearing shall be held before the City Council on September 6,2005, RESOLUTION PASSED AT HUNTINGTON BEACH AUTO DEALERS at 6;00 p.m.,or as soon thereafter as this matter may be heard,in the Council Chambers of the City BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS SPECIAL Hall,2000 Main Street,Huntington Beach,California,at which time the Council will hear all MEETING ON,JULY 1,2005 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 Chief Financial Officer Bill Dettlarest moved and President Pat Finley seconded a 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 motion to approve the 2005-2006 Budget as presented and further to instruct Jim the owners of businesses within the District,which will pay 50%or more of the total assessments to Upp,Secretary,to send the proper documents to request City Council approval of be levied,no further proceedings to levy the proposed assessment shall be taken for a period of one the Business Improvement District's 2005-2006 Budget.The motion was passed year from the date of the finding of a majority protest by the City Council.If the majority protest is tu�animously. Drily 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. The individual member monthly assessment will be$625 for opetating,Itte Business SECTIONS. The City Clerk is hereby directed to provide notice of the public heating by Improvement District including the reader board sign.This assessment will be in ..a„e,..,.a...t,:e....,.t,,..,,.,..r:.,....«...,..,r,...,.t.r..r;.a,...,....,a.,...,...e......a,.e.,...,r....�,a,..,,.,4. .... .. .. .. .. .,,... ,.... . _._.._.._. _..__ MOEIOn was passru wuunni—ty. - 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. I CERTIFY THAT Tf1;IS IS A TRUE COPY OF A RESOLUTION FROM TIIF SECTION 7. The City Clerk shall mail a complete copy of this resolution of intention by JUI.Y 1,2004 MEETING: first-class mail to each business owner in this area wlihin seven days after the Council's adoption of this resolution /s/James W.Upp SECTIONS. This resolution shall take effect immediately upon adoption. Secretary PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular EXHIBIT A meeting thereof held on the 15th day of August ,2005, MUM /s/JiIl Hardy Mayor Huntington Beach Auto Dealers Association REVIEWED AND APPROVED: APPROVED AS TO FORM: Business Improvement District /s/Penelope Culbreth-Graft /s/Jennifer McGrath May 2005'Op@rating Statement City Administrator City Attorney Fiscal Year Is:October 1-September 30 INITIATED AND APPROVED: Fiscal Year to /s/R.F.Beardsley, May-2005 Date Total Acting Director of Economic Development Income Dealer Assessments $0.00 $34,328.25 Misc. Income $0.00 $5,225.00 EXHIBIT A Interest $0.00 $333.84 Total income $0.00 $39,887.09 Huntington Beach Auto Expenses Administrative Expenses $2,486.31 $8,297.23 Dealers Business EI mmcunity Relations Projects $3,50ity 0 ,,00 $25550.00 Improvement 22 Escrow Services $250.00 $2,000.00 1 1 1 p roVe 1 1 m 1 e n t District M Insurance/Tax3,553.00 scellaneouse3 $0.00 $$580.48 Phone $0.00 $266.73 Program Maintenance $0.00 $11,980.00 Fiscal �- Total Expenses $6,236.31 61,173.66 s ca l Year 2 0 0 2 0 0 5 Income Less Expenses ($6,236.31) ($21,286.57) Cash in Bank Balance as of: 5/31/2005 A R General Account $14,776.48 n n.u a.l' Report southarn California Edison Bill was paid do 61312005.. Money Market $0.00 Verizon Bill was Paid on agl2005. Electra•Medis,Inc. Total $14,771.48 has a credit balance pending. ',., - (Continued on next Pagel Independent ' n Le�aFNohees 2640.: LegaFNus 9 Ltd '�F� ��� �#� � gl (Contiriwed from preceding Pa9ei- EXH#B#T B 1 .. � }} 4 P � �. Hunt lgtOt Bo-L1,D d CAS ' 5 , � 1 -Reader Bhard mite► fAID Edinger Hyundai Heil Dodge;Q Chrysler-Jeep&Hummer I Q om_ co n Mercury Mazda _ Mitsubishi- Warner Nissan, Slater Talbert 3 . Chevrolet s` ' ford p s Vol Ellis Saturn To "to l i - Honda M i EXHIBIT:B-2 r g g ton $Huntington Beach AutOrriobile Deal e � t a M.Chesrown/Jay Goodart a Douglas 5ptdding/PatuFiuy Huntington Beach Hyundai Douglas Nissan 16401 Beach Blvd. 17,331 Beach Boulevard Huntington Beach,CA 9267_ Huntington,Beach Ckk647 (714)841-9828 FAX 842-8499 (714)842-6666 FAX`395 (3076 a Steve Brovrn/Ed Ismail a Clay Jarnes�John Hoimbeek Heritage Lincoln-Mercury-Mazda Huntington:Beach Dodge }6800 Beach Boulevard 1655-5$each Boulevard Huntington Beach,CA 92647 Huntington Beach-CA k647' .E W 848-7789 FAX 847-1265 V14847-5515 xt 232 FAX 596-0230 j a Tom Croxton/Jam Mulvaney ` ',Huntington Beach Mitsubishi, Chris Ondon 16751'Beach Blvd. Saturn of Huntington Beach Huntington Beach,CA 92647 18801-BeachBBoulevard, (714)375-9493 Fax 842-1563 Nui►tington Beach,CA 92648 (714)841 9t328 FAX 842-8499 a Dave DeLillo/Bili Demarest ; y DdAllo Chevrolet o Danny McKenna 1 18211 Beach Boulevard McKenna Motors Huntington Beach Huntington Beach,CA 92641 18711 Beach Blvd. 3 (714)847-6087 FAX 847-6721 Huntington Beach,CA 92648 842-2000 FAX 841-7819 a. Rick Evans/Ross Helman s Huntington Beach Chrysler,Jeep, a Jerry Benn/John Dalpe Hummer — Norm Reeves Honda '- -- 0Lililter nnis ra a .Robert Levenstein :Toyota 6f Hentington Beach Power Ford 18881-,Beach Boulevard 18255 Beach Boulevard Huntington E�ach.CA,9254& Huntington Beach,CA 92648 (714)847-8555 FAX 847 li 105 (714)842-6611 FAR?848-3481 a Jim Upp a Cart Rossman/Dave Hupart Executive Director KIA-of Huntington Beach Huntington Beach Auto Dealets`Assoc. 19232Beach Blvd. 8141 Bluebell Dr.. Huntington Beach,CA 92648 Laguna Niguel-CA 92£17 ?06, ' E714)593-581 FAX(714)593-585 (949)831-3443 ; 3 - +. 4 EXHIBIT B-$ s HUNTINGTON MACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT 2005-2006'FISCAL`YEAR ASSESSMENTS Monthly Assessment for Fiscal Year October 2005 to September 2006 $ �2"00 Monthly Assessment for Loan Repayment 700:7777 00 r, TOTAL MONTHLY ASSESSMENT,OF EACH DEALER , FOR 2005-2006 FISCAL YEAR Res. 46:`200642 9 STATE OF CAUFORNIA: COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH j I, JOAN L. FLYNN the duly elected,qualified City Clerk o##Fie City of Huntington Beach,and ex-officio Clerk of the City Council 4-said C i do hereby certify that the whole number of members of the City Counc0 of the F City of Huntington Beach is seven;that the foregoing resolution was pawed and adopted by the affirmative vote of at least a majority of ail the memoirs�of said City Council at an regular meeting thereof held on the 15th daV of August, 2005 by the following vote: AYES: Hansen, Coerper, Sullivan; Hardy, Green, Bohr, Cook' NOES: None ABSENT: None 3 ABSTAIN: '; None fs/Joan L. Flynn j City Clerk and ex-offi.cio.,Cletk of the City Council of the City of Huntington Beach,California Published Huntington Beach Independent August 25,2005 q84-208 iminitadnnin PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: August 25, 2005 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 25, 2005 at Costa Mesa, California. Signature