HomeMy WebLinkAboutFY 2009-2010 Huntington Beach Auto Dealers Business Improvem i
Council/Agency Meeting Held:
Deferred/Continued to:
)�Appr ve ❑ Conditionally Approved ❑ Denied Cit lerk' ignatur
Council Meeting Date: 9/21/2009 Department ID Number: ED 09-57
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COU L MEMBERS
SUBMITTED BY: FRED A. WILSON, EXECUTIVE DIR R/ CITY ADMINISTRATOR
PREPARED BY: STANLEY SMALEWITZ, DIRECTOR ECONOMIC DEVELOPMENT ;
SUBJECT: Conduct Public Hearing and Adopt resolution approving an annual
assessment within the Huntington Beach Auto Dealers Association
Business Improvement District for fiscal year 2009-2010.
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: On August 17, 2009, City Council approved the Resolution of Intention
to No. 2009-47 to levy an assessment for the Huntington Beach Auto Dealers Business
Improvement District for Fiscal Year 2009/10 and authorized the City Clerk to schedule a
public hearing. City Council will conduct a public hearing to consider a resolution to approve
the annual assessment for the 2009/10 fiscal year.
Funding Source: Revenues and expenses will be included in the 2009/10 Huntington
Beach Auto Dealers Business Improvement District Budget (Fund 701).
Recommended Action: Motion to:
1. Conduct the Public Hearing.
2. Adopt City Council Resolution No. 2009- 51 , 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 2009-
2010.
Alternative Action(s):
1. Deny the request to approve the Resolution; or
2. Modify elements of the Annual Report, such as: the proposed assessments, activities
or improvements to be funded.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 9/21/2009 DEPARTMENT ID NUMBER: ED 09-57
Analysis:
At the request of the Huntington Beach Auto Dealers Association, the City Council formed
the Auto Dealers Business Improvement District (BID) in 1992 to fund the Dealers' obligation
to operate and maintain the electronic reader board sign located just off the 405-freeway and
to fund other promotional activities that benefit the BID. The Auto Dealer BID Board of
Directors approved the assessment formula at their July 15, 2009 meeting. Each member of
the BID will be assessed $1,445. As set forth in the Annual Report and Budget, the BID will
utilize the assessments for promotional activities and related administrative items.
In order for the City to levy the BID assessment each fiscal year, the City Council must
conduct a public hearing before adopting a resolution confirming the coming year's
assessments. On August 17, 2009, the City Council adopted Resolution 2009-47, affirming
its intent to approve the proposed assessments for FY 2009-2010 and setting the public
hearing for September 21, 2009 to approve the assessments. As required by the Streets and
Highways Code Section 36500 et. seq., copies of the Resolution of Intention were mailed to
each of the ten businesses to be assessed. A Notice of Public Hearing and copy of the
Resolution were published in the Huntington Beach Independent on September 3, 2009.
Since the adoption of the Resolution of Intention (2009-47), the BID has decided to open the
HB Auto Store as well as further upgrade and maintain the electronic reader board. The BID
has requested a loan from the Redevelopment Agency to pay for the cost of upgrading,
operating and maintaining the electronic reader board. The original costs were not
contemplated in the 2009 annual report submitted by the BID advisory report and approved
by City Council. It is staffs recommendation that the annual report be modified to include the
additional cost as provided in the revised budget attached to the annual report.
During the public hearing, the City Council will hear all interested persons for or against
levying the assessment. Protests may be made verbally or in writing; however, written
protests shall be filed with the City Clerk at, or before, the time fixed for this hearing and
contain sufficient documentation to verify business ownership and validate the particular
protest. If written protests are received from the owners of businesses in the proposed area
that will pay 50% or more of the assessments, no further proceedings to approve the
assessment can be taken for a period of one year. Upon the approval of the Resolution, the
new assessment formula will become effective as of October 1, 2009.
The Auto Dealers BID anticipates assessments of $156,060 for FY 2009-2010. Combined
with reserves of $26,000, the BID Board of Directors has proposed a total budget of
$182,060 for FY 2008-2009. Upon approval of the Resolution, the FY 2009-2010
assessment will become effective as of October 1, 2009.
Strategic Plan Goal: Enhance Economic Development.
Environmental Status: Not applicable.
-2- 9/9/2009 12:23 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 9/21/2009 DEPARTMENT ID NUMBER: ED 09-57
Attachment(s):
City Clerk's
Page NumberNo. Description
1. Resolution No. 2009- 51 , 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 2009-2010.
2. Resolution No. 2009-47, approved on August 17, 2009, 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 Business Improvement District for Fiscal Year 2009-
2010.
3. Power Point Presentation.
.3. 9/8/2009 3:41 PM
ATTACHMENT # 1
�FrT�uc' /4 - O/- a007
RESOLUTION NO. 2009-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH APPROVING AN ANNUAL ASSESSMENT WITHIN THE
HUNTINGTON BEACH AUTO DEALERS ASSOCLATION 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, 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
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.
On August 17, 2009, the City Council adopted a resolution declaring its intention to levy
an annual assessment for Fiscal Year 2009-2010 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 confirms and adopts the Amended Annual Report
as changed at the conclusion of the Public Hearing held on September 21, 2009, attached hereto
as Exhibit A and incorporated herein by this reference, which report 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 of the City of Huntington Beach hereby authorizes a levy
and collection of assessments within the District for fiscal year 2009-2010 as proposed in the
Amended Annual Report. 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 in the amount of Six Hundred Sixty
Dollars ($660.00) per month for fiscal year 2009-2010 plus an additional $786.00 for
maintenance and improvement of the electronic readerboard sign, for a total of $1,445.00 per
month, as set forth on Exhibit B, and incorporated herein by reference.
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
09-2124/38178 1
Resolution No. .20G9-51
intersection of Beach Boulevard and Center Avenue and other promotional and advertising
activities.
4. The District's Amended Annual Report for fiscal year 2009-2010 as proposed at
the conclusion of the Public Hearing on September 21, 2009 is hereby adopted.
5. This resolution shall take effect on October 1 , 2009
PASSED AND ADOPTED by the City Council_,)f the City of Huntington Beach at a
regular meeting thereof held on the 21st day of September .3200 9 .
94X /3 rk�
Mayor
REVIE APPROVED: INITIATED AND APPROVED:
i A inistrator Director of Econorfuc Development
APPROVED AS TO FORM:
Q� City Attorney M V
09-2124/38178 2
Resolution No. 2009-51
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 $ 10,600.00 $ 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 $ 147,133 $ 48,769 $ 195,902 $26,000.55
Resolution No. 2009-51
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. 2009-51
Exhibit B
HUNTINGTON BEACH AUTO DEALERS BID
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 PATTERSON/ERIC 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 MILLER/DENNIS 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 DELGADO/DANNY 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
PAUL CONANT/JASON CURNYN CLAY JAMES/LARRY 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
sarfhb@socal.rr.com
Res. No. 2009-51
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 September 21, 2009 by the following vote:
AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
Qog—.)- J4.2
CU Clerk and ex-offici Jerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT #2
RESOLUTION NO. 2009-4.7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DECLARING THE CITY'S INTENTION TO
LEVY AN ANNUAL ASSESSMENT WITHIN THE HUN'TINGTON BEACH
AUTO DEALERS ASSOCIATION BUSINESS VVIPROVEMENT 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
09-2124135363 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 fi mishing.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 17th day of August 200 9
Mayor
REVIE APPROVED: INITIATED PROVED:
City Administ for Director of Economic Development
APPROVED AS TO FORM:
4�ty--Attocv nti�-G-17-o
09-2124/35363 2
��� ��%--.-``��� ����~���~��������
Resolution No. 2009-47
EXHIBIT
HUNTINQTON BEACH AUTO DEALERS ASSOCIATION
BUSINESS IMPROVEMENT DISTRICT
BUDGET/REPORT
October 1, 2OO8tn September 3O, 2O09
mevsmus ouuoetzooamo
Previous Year Carry Over $ 44.000.00
Business Improvement Assessment $ 177,903.00
Total Revenues: $ 221.903.00
szpsmssa
Promotional Budgeted ExpmmJune Expxu|y-sept Total oineenoo
Activities and Events $ 51.e66.00 $ 27.755.00 o 9,252.00 * 37.007.00 $14.85e.00
Management Services $ 27.000.00 $ 10.918.80 $ 3.038.00 $ 14.557.80 $1e.**2.20
Misc/oueu and Fees * 500.00 * 3.157.70 $ 3.157.70 -$2.65770
OffiueenVMaintenanca * 14.477.00 * 10.035.08 $ 3.345.00 $ 13.380.00 *1.0e7.00
Reader Board Sign Maintenance
Electricity * 15.000.00 * 12.427.00 $ 4.143.00 * 16.5/0.00 '$1.570.00
|nuunynce[Taxev $ 10.600.00 * 4.e57o0 $ 2.814.00 * 7771u0 $2.829.00
Loan payment $ 83.000.00 $ 62.320.05 $ 20.773.35 $ e3.0e3.*0 '$9340
Maintenance $ 11'400.00 * 8,550.00 $ 2.850.00 $ 11.400.00 $uuV
Phone(data tranmomom* * 1.200.00 * 2.157.e5 $ 3e4.00 * 2.481a5 '$1.281.05
Total Expenses: $ 221.903.00 * 147.133 * 48.768 * 1e5.902 $26.000.55
^
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) $ 11200
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).
Exhibit B
HUNTINGTON REACH AUTO DEALERS RID
LIST OF MEMBER
H.B. CHRYSLER-JEEP H.B. FORD
RICK EVANS/ROSS 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 PATTERSON/ERIC CASILLAS-GSM LARRY SMITH/FRED ANGIULI
16800 BEACH BLVD. 17331 BEACH BLVD.
PHONE 848-7739 FAX 847-1265 842-6666 F 375-0076/847-0759
TOYOTA OF HS H.B. MITSUBISHI
BOB MILLER/DENNIS 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 DELGADO/DANNY 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
PAUL CONANT/JASON CURNYN CLAY DAMES/LARRY 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
ATTAC H M E N T #3
Huntington Beach
Auto Dealers Business
Improvement District
FY 2009®2010
September 21, 2009
S ^µ \\
Auto Dealers BID
♦ 1992 : HB Auto Dealers Requested
BID be Formed to Operate and
Maintain Electronic Reader Board
Sign
♦ 2004 : Redevelopment Agency
Loaned $474,000 to Auto Dealers to
upgrade the Electronic Reader Board
Sign
1
BID Members
HB Chrysler Jeep
HB Mazda
Toyota of Huntington Beach
DeLillo Chevrolet
Norm Reeves Honda
McKenna Motors
HB Ford
Surf City Nissan
Huntington Beach Dodge
HB Mitsubishi s
Proposed 2009-2010
Budget and Coals
*Total Budget: $182,060
- $158,o6o anticipated assessments
• Monthly assessment of $1,445 per dealer -
- $26,000 carryover from reserves
s Marketing and promotional activities
e Establish the HB Car Store at Bella Terra
2
Renewal Process
♦ Scheduling of Public Hearing and Resolution
of Intention to Levy Annual Assessment
Adopted- August 17, 2009
— Copies and hearing notices mailed /published
♦ Public hearing required to consider all
protests against BID renewal
— Council to consider written protests
— Options to renew, not renew, adjust BID
15
Public Head
♦ Written Protests:
— If written protests of assessments are received
from affected business owners that equate to
50% or more of the assessments, no further
proceedings to approve the assessment can be
taken for a period of one year
PAW
`of ;
. . �.: .
3
Recommended Action
♦ Conduct the public hearing
— Determine percentage of written protests
e If more than 50%of assessments represented,
Council cannot approve or consider again for one
year
♦ Consider Resolution to Approve Annual
Assessment Within the Huntington Beach
Auto Dealers Business Improvement District
for 2009/2010 ...
1 NO
41"
;.
"'" 211111,
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development
SUBJECT: Conduct Public Hearing and Adopt Resoluton for HB
Auto Dealers Business Improvement District 2009/10
COUNCIL MEETING DATE: September 21, 2009
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
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR'MISSING ATTACHMENTS
REVIEWED ARETURNED FORV#A DED:-
Administrative Staff
Deputy City Administrator',Initial °
City Administrator (initial)
City Clerk
EXPLANATION FOR RETURN°iOF ITEM-
RCA Author: Powell
Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County, State of California, under date of Aug. 24, 1994,case
A50479.
PROOF OF
PUBLICATION (ITYOFHUNTINGTONBEACH
PUBLIC NOTICE
PUBLIC HEARING FOR THEAUTO DEALERS '
1 BUSINESS IMPROVEMENT DISTRICT RENEWAL
STATE OF CALIFORNIA ) Auto NOTICE IS HEREBY GIVEN THAT the City Cou ut ill hold its'Public'
Hearing on the 2009-2010 renewal of the Auto Dealers, Business
Improvement_ .District atr its meeting scheduled on September 21, 2009
SS. at 6:00 PM or soon thereafter at the Huntington Beach Civic Center,
` 2000 Main Street, Council Chambers as required by the Parking-and
COUNTY OF ORANGE ) Business ionNoImprovement09- Area Law of belo as approved by City Council
� in-Resolution No 2009-47 as re=prin#ed below:
RESOLUTION NO.2009-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITYpF
HUNTINGTON BEACH DECLARING THE CITY'S.INTENTION'TO
I am the Citizen Of the United States and a LEVY AN ANNUAL ASSESSMENT WITHIN THE.HUNTINGTON BEACH]
AUTO DEALERS ASSOCIATION BUSINESS IMPROVEMENT DISTRICT FOR.
09-2010
resident of the County aforesaid; I am over FISCAL sinesEAR Improve
� � WHEREAS, the Parking and Business Improvement Area Law of 1989, �
the age of eighteen years and not a party codified at Streets and Highways Code § 36500, et seq. (the "Act")
authorizes cities-to establish parking and.business improvement areas
to or interested in the below entitled matter. for the purpose of imposing benefit assessments on busin esses for
certain purposes;and
am a principal clerk Of the HUNTINGTON The City Council has formed a business improvement area, known as
p p the Huntington Beach Auto Dealers Association Business Improvement
BEACH INDEPENDENT, a news a er Of District(the"District"), by the passage,of Ordinance 3175•on,September
p p 8, 1992. The time has come to continue the existence of the District
ggeneral circulation printed and published in for fiscal year 2009/2010 by levying assessments on those businesses
, p p I that benefit from the improvements constructed;and
the City Of Huntington Beach County Of I ' The Districts;Advisory Board'has prepared and filed with the City
Clerk a report for Fiscal Year'2008-2009, ("Annual Report") which sets
Orange State Of California and the I forth the amount and basis of levying the assessment for Fiscal Year
2009-2010
attached Notice is a true and complete copy I' NOW, THEREFORE, the City Council of the City,of Huntington Beach
does hereby resolve,determine and find as follows:
as was printed and published On the SECTION 1. The City Council hereby approves the Annual Report filed
p p by the Advisory Board in the City Clerk's office attached hereto .as
followin date/ Exhibit A and incorporated herein by this reference, which includes a i
g \s�• I 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
ilevy is to apply,to small businesses classified by the City of Huntington
Beach License Code as Class A Retail Sales, (Al) Auto, New, Used,
i Parts, including new business of that classification located within the
District as shown in,Exhibit B, in the amounts set forth therein;,which
l 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.
Council,on
September 3, 2009 S pEemiber 21, 20,091iatheari 6:0,OnPMholr"as solonbe. before thereafter asthe Ciythis'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
declare, under penalty of perjury, that the to be levied, no further proceedings to.levy the proposed assessment
foregoing IS true and correct. shall be taken for a period of one year from the date of the.finding of
g g 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 S. The City Clerk is hereby directed to provide notice of the
public hearing by causing this resolution of intention to be published
Executed on September 3, 2009 once in a newspaper of general circulation at least seven days before
the public hearing. i
at Costa Mesa, California SECTION 6.`Further. information regarding, the proposed business
improvement district may be"obtained at',the Huntington Beach;City I
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 .
ea_- 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
SlgnatU re 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 I
Beach at a regular meeting thereof held on the seventeenth •day, of
August,2009.'
The estimated cost of providing the improvements and activities for
Fiscal Year.2009-2010 is$182,060. "
Copies of the exhibits referenced above are available in the office of
the City Clerk or by calling'Doris Powell, Assistant'Project`Manager
(714) 536-5457 or through the,City's website at: http://www.surfcity-
hb.org.
Published Huntington Beach Indepen dent,September 3,2009 085-783
Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County,State of California,under date of Aug. 24, 1994,case
A50479.
PROOF OF CITY OFHUNTINGTONBEACH,
PUBUC NOTICE
PUBLICATION PUBLIC HEARING FOR THE AUTO DEALERS
BUSINESS IMPROVEMENT DISTRICT RENEWAL
NOTICE IS HEREBY GIVEN THAT the City Council will hold its Public
Hearing on the 2009-2010 1 renewal of the Auto Dealers Business i
Improvement District,at its meeting scheduled on September 21, 2009
at 6:00 PM or soon thereafter at the Huntington Beach Civic Center,
STATE OF CALIFORNIA )RNIA ) 2000 Main Street, Council Chambers as required by.the Parking and
Business Improvement Area Law of 1989 as approved by City.Council
SS. in.Resolution No 2009-47 as re-printed below:
RESOLUTION NO.2009-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COUNTY OF ORANGE > 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
am the Citizen of the United States and a WHEREAS,,the Parking and:'Business Improvement Area.Law of 1989;
codified at Streets and Highways Code § 36500,.et,seq. (the "Act")
resident of the Count aforesaid I am Over authorises cities to,establish parking and business improvement areas
Y , for the purpose of imposing benefit assessments on busin esses for
the age of eighteen ears and not a art certain purposes;and
g g Y party The.City Council has formed.a business improvement area, known.as
the Huntington Beach Auto Dealers,Association Business Improvement
to or interested in the below entitled matter.
District (the"District"), by the passage of Ordinance 3175 on September I
am a principal clerk of the HUNTINGTON 8; 1992. The time has come to continue the existence of the District
p p for fiscal year 2009-2010 by levying assessments on those businesses
BEACH INDEPENDENT, a news a er Of thatbenefitfromtheimprovementsconstructed;and
p p 'The District's Advisory Board has prepared and filed with the:City
ggeneral circulation, printed and published in Clerk a report for Fiscal Year 2008-2009, ("Annual Report") which sets
p p forth the amount and basis of levying the assessment for Fiscal,-Year
the Cityof Huntington Beach, Count of 2009=2010 - -
g Y NOW, THEREFORE, the.City Council of the City of Huntington Beach
does hereby resolve,determine and find as follows:
Orange, State Of California, and the SECTION 1. The City Council-hereby approves the Annual Report filed
attached Notice is a true and complete co by the Advisory Board in the City Clerk's office 'attached hereto as
p copy Exhibit A and incorporated herein by this reference, which includes,a
as was printed and published On the proposed budget for Fiscal Year 2009-2010 and description of,the
improvements and activities to be provided for Fiscal Year 2009-2010. ' . j
SECTION'2. The City_Council hereby declares its intent to levy and
following date(s): collect assessments within the District for Fiscal Year 2009,2010. The
levy is to apply to small businesses classified bg the City of Huntington ,
Beach License Code as Class A Retail Sales, .(Al).Auto, New, Used, j
Parts, including new business of.that classification located within the I
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
0 and Center Avenue and other promotional'and advertising activities. r
SECTION 4. A public hearing shall be held before the City Council on
September 21, 2009 at 6:00 PM or as,soon,thereafter as this matter
may be heard, in the Council Chambers of the City Hall, 2000 Main j
Se tember 3 2009 Street, Huntington Beach,'California, at which time the Council will hear
p all interested persons for or against levying of the assessment,and the
furnishing of specified types of improvements or activities.Protests may l
be made orally or in writing; but, if written, shall be filed.witt the City
Clerk at or before the time fixed.for the hearing andcontain 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 I
to be levied, no further proceedings-to levy the proposed assessment j
shall betaken 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
declare, under penalty of perjury, that the against the'furnishing,of a specified type-or types of improvements or
activity within the District,,those types of improvements or activities
foregoing is true and correct. shall be eliminated'.'
SECTION 5. The City Clerk is hereby directed to provide notice-of the
public hearing by causing this resolution of intention to be published
once in a newspaper of general circulation at least seven days before
the public hearing. . \ I
Executed on September 3 2009 improvement 6. Further, information regarding the proposed business
district may be obtained at the. Huntington Beach City '
Hall, 2000 Main Street, Huntington Beach, California 92648;,Jelephone j
at Costa Mesa, California (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
Signature Beach. at a regular meeting,thereof held on the seventeenth day of
August,2009:
The,estimated cost'of providing the improvements and activities for j
Fiscal Year 2009-2010 is$182,060. .
Copies of the exhibits referenced above are.available in the office of !
the City Clerk or by. calling Doris Powell, Assistant Project Manager
(714).536-5457 or through the City's website at: http://www.surfcity
hb.org I
Published Huntington Beach Independent September 3,2009 085783
7-2
Council/Agency Meeting Held:
Deferred/Continued to:
A p ov d Condi o al y Appro d ❑ D d �� Cit I rW-s gnatu
-a-� �a�y UAWCOZ7OV
(91
Council Meeting Date: 8/17/2009 Department ID Number: ED 09-54
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL M.EMBERS
SUBMITTED BY: FRED A. WILSON, CITY ADMINISTRATOR
PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF E ONOMIC DEVELOPMENT 41-6
SUBJECT: Adopt Resolution of Intention to Levy an Annual Assessment for Fiscal
Year 2009/10 within the Huntington Beach Auto Dealers Business
Improvement District, and Schedule Public Hearing for September 21,
2009
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 for financing the construction costs, operation, and maintenance of the electronic
reader board sign and other promotional programs. The State of California 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, and a public
hearing date be set.
Funding Source: Revenues and expenses will be included in the 2009/10 Huntington
Beach Auto Dealers Business Improvement District Budget (Fund 701).
Recommended Action: Motion to:
1. Approve the Annual Report and Fiscal Year 2009-2010 Budget of the Huntington Beach
Auto Dealers Business Improvement District.
2. Adopt City Council 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 Business Improvement District for Fiscal Year
2009/10.
3. Direct the City Clerk to schedule a public hearing to be held on September 21, 2009 and
send copies of the Resolution of Intention and assessment formula to each business to
be assessed and publish the same in a newspaper of general circulation as required.
Alternative Action(s):
1. Do not approve the Annual Report and Fiscal Year 2009-2010 Budget.
2. Deny the request to approve the Resolution of Intention.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/17/2009 DEPARTMENT ID NUMBER: ED 09-54
Analysis:
At the request of the Huntington Beach Auto Dealers Association, City Council formed the
Auto Dealers Business Improvement District (BID) in 1992 to fund the Dealers' obligation to
operate and maintain the electronic reader board sign located by the 405-freeway that was
first constructed in 1992. On May 3, 2004, the Redevelopment Agency approved a $474,000
loan with the Auto Dealers Association to upgrade the existing electronic reader board sign.
Under the Business Improvement District State Law, the Auto Dealers raise additional
monies to market and operate other programs to enhance their BID. In order for the Auto
Dealers BID to be renewed, City Council needs to approve their annual report and their
proposed budget for 2009/10.
As approved by the Auto Dealers Board at their July 15, 2009 meeting, the 2009/2010
monthly assessments will include $660 for promotional activities, including the reader board
sign maintenance and operating costs, and a $785 loan payment/Car Store assessment, for
a total monthly assessment of $1,445 per dealer. The final loan payment of the approved in
2004 loan will be due in October 2009. The Auto Dealers Association has also included
funds in their 2009/2010 budget that will be used to establish the HB Car Store at the Bella
Terra Shopping Center. Opening this retail/information store within the Redevelopment
Project Area where the reader board sign is located is required by Caltrans in order to renew
the sign permit.
As required by State law, a protest hearing must be held to provide the opportunity for any
affected businesses to voice their protests, or they can submit protests in writing before the
public hearing. The Resolution of Intention sets this public protest hearing for September 21,
2009. At that time, the City Council will tally the percentage of assessments protested and
will hear additional public comments on the renewal of the Auto Dealers BID. If the protests
total less than 50% of the total amount of money to be collected, the City Council can
approve the renewal of the BID. The City Council also has the option of reducing
assessments or modifying the BID boundary area if public comments prompt adjustment.
Strategic Plan Goal: Enhance Economic Development
Environmental Status: Not applicable.
Attachment(s):
Plage Number No.City Clerk's
-
1 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 Business Improvement District for Fiscal Year 2009/10.
-2- 8/7/2009 9:56 AM
ATTACHMENT # 1
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 Iassessments
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 th day of August ; 200 9
OF
Mayor
REVIE APPROVED: INITIATED ,D PROVED:
.,i
City Administ for Director of Economic Development
APPROVED AS TO FORM:
JityyAtto ey AW- -17-0 (�
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 $ 10,600.00 $ 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 $ 147,133 $ 48,769 $ 195,902 $26,000.55
Resolution No. 2009-47
EXHIBIT A
Huntington Beach Auto Deaier
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
HUNTIINGTON BEACH AUTO DEALERS BID
LIST OF MEMBER
H.B. CHRYSLER4EEP H.B. FORD
RICE( EVANS/ROSS 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 PATTERSON/ERIC CASILLAS-GSM LARRY SMITH/FRED ANGIULI
16800 BEACH BLVD. 17331 BEACH BLVD.
PHONE 848-7739 FAX 847-1265 842-6666 F 375-0076/847-0759
TOYOTA OF HS H.B: MITSUBISHI
BOB MILLER/DENNIS PRADO ABBAS AHMADI/CHUCK WEN
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 MAR1N DELGADO/DANNY 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 KLAWITTER/JOHN DALPE CLAY JAMES/LARRY 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@s®cal.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
CitVClerk and ex-officio Verk of the
City Council of the City of
Huntington Beach, California
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development
SUBJECT: Approve Report and Resolution of Intention to Renew
the Huntington Beach Auto Dealers BID 2009/10
COUNCIL MEETING DATE: August 17, 2009
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
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS-
REVIEWED t RETURNED FOR A ' DED
Administrative Staff JIJI_ 3 0 2009
p £
De ut City Administrator
City Administrator Initial
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)_ ,(Below Space For Cit Clerk"s Use
RCA Author: Powell JAW 7
- CITY OF ITUNTINGTON BEACH
Interoffice Communication
Fg,! •L"p �
TO: Honorable Mayor and Membert, of the City Council
VIA: Fred A. Wilson, City Admi foEconomic
r
FROM: Stanley Smalewitz, Directo Development 43
DATE: August 17, 2009
SUBJECT: Late Communication — Consent Calendar Item #5 — Adopt Resolution of
Intention to Levy an Annual Assessment for Fiscal Year 2009/10 within the
Huntington Beach Auto Dealers Business Improvement District, and Schedule
Public Hearing for September 21, 2009
Economic Development would like to clarify the monthly assessment of$785 per dealer will
be used to establish the HB Car Store. This change is reflected on Attachment #1 Exhibit A
Huntington Beach Auto Dealers Business Improvement District Proposed Budget. In
addition, the Dodge dealership was inadvertently left off of the list of BID members Exhibit
B. Attached with this memo is a revised 2009/2010 Budget and list of BID members.
� :7 Aco�
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).
Exhibit B
HUNTINGTON REACH AUTO DEALERS BID
LIST OF MEMBER
H.B. CHRYSLER-.BEEP H.B. FORD
RICK EVANS/BOSS 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 PATTERSON/ERIC CASILLAS-GSM LARRY SMITH/FRED 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 MILLER/DENNIS 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 DELGADO/DANNY 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 KLAWVITTER/JOHN DALPE CLAY JAMES/LARRY 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@s®cal.rr.com
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 romotional: $ 53,500
Reader Board Sign Maintenance
Electricity $ 15,000
Maintenance $ 12,300
Programming $ 5,760
Insurance/Taxes $ 10,600
Car Store/Loan payment $ 83,700
Phone (data transmission) $ 1,200
Subt °tat Readerboard Sign: $ 128,560
Total Expenses: $ 182,060
NOTES:
(1) Car Store/Loan assessments ar based on $ 785 per month for each of the nine
members. The operating assessments are based on $660 per month for each of the
members. Dealers pay a total o 1,445 per month including a 1% administrative
charge. Surplus Revenue of $26,000 represents excess assessment maintained by city
finance dept. f(
(2) HB Athletic Programs ($2�000); School Scholastic Programs($2,000);School Grad
Nights ($2,500);Image adv,,ertising to buy at home ($12,000); Plus Misc. promotional
activities and events ($6,500).
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Resolution No. 2009-47 Exhibit B
HUNTINGT®N BEACH AUTO DEALER ASSOC/ATI'ON
LIST OF MEMBER
H.B. CHRYSLER-JEEP H.B. FORD
RICK EVANS/ROBS HELMAN OSCAR/BAKHTIARI/OMAR
16701 BEACH BLVD. 18255 BEACH BLVD.
PHONE 841-3999 FAX 842-2903-841-9993 PHWNE 842-6611 FAX 847-8788
H.B. MAZDA 'SURF CITY NISSAN
JOHN PATTERSON/ERIC CASILLAS-GSM LARRY SMITH/FRED 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 MILLER/DENNIS 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 DELGADO/DANNY MC KENNA
18211 BEACH BLVD. 18711 BEACH BLVD.
PHONE 847-6087 FAX 847-671 1 PHONE 842-2000 FAX 714-843-8369
NORM REEVES HONDA
DAN KLAWITTER/JOHN I ALPE
19131 BEACH BLVD.
PHONE 842-5431 F 375-9783
BILL NELSON A/DLDIRECTOR
714-536-8614
surfhb@socal.rr.com
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H.B. CHRYSLER-JEEP H.B. FORD H.B. MAZDA
RICK EVANS/ROSS HELMAN OSCAR BAKHTIARI/OMAR JOHN PATTERSON
16701 BEACH BLVD. 18255 BEACH BLVD. ERIC CASILLAS-GSM
HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647 16800 BEACH BLVD.
HUNTINGTON BEACH, CA 92647
TOYOTA OF HB H.B. MITSUBISHI SURF CITY NISSAN
BOB MILLER/DENNIS PRADO ABBAS AHMADI/CHUCK BIEN LARRY SMITH/FRED ANGIULI
18881 BEACH BLVD. 16751 BEACH BLVD. 17331 BEACH BLVD.
HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647
DELILLO CHEVROLET MC KENNA MOTORS MARIN NORM REEVES HONDA
DAVE DELILLO/BILL DEMAREST DELGADO/DANNY MC KENNA DAN KLAWITTER/JOHN DALPE
18211 BEACH BLVD. 18711 BEACH BLVD. 19131 BEACH BLVD.
HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647
Clay James/Larry Smith
Huntington Beach Dodge
16555 Beach Blvd.
Huntington Beach, CA 92647
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PROOF OF SERVICE OF PAPERS
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
I am employed in the County of Orange, State of California. I am over the age of 18 and
not a party to the within action; my business address is 2000 Main Street, Huntington Beach,
CA 92648.
Pursuant to Code of Civil Procedure § 1094.6, on August 18, 2009, 1 served the
foregoing documents(s) described as: Resolution No. 2009-47, A Resolution of Intention to Levy
an Annual Assessment within the Huntington Beach Auto Dealers Association Business
Improvement District for Fiscal Year 2009-2010 on the interested parties in this action by
placing a true copy thereof in a sealed envelope addressed as follows:
10 Auto Dealers —See label list
a. [X] BY MAIL -- I caused such envelope to be deposited in the mail at Huntington Beach,
California. I am "readily familiar" with the firm's practice of collection and processing
correspondence for mailing. It is deposited with U.S. Postal Service on that same day
in the ordinary course of business, with postage thereon fully prepaid. I am aware
that, on motion of a party served, service is presumed invalid if postal cancellation date
or postage meter date is more than 1 day after date of deposit for mailing in the
affidavit.
b. [ ] BY MAIL -- By depositing a true copy thereof in a sealed envelope with postage
thereon fully prepaid in the United States mail at Huntington Beach, California,
addressed to the address shown above.
c. [ ] BY DELIVERY BY HAND to the office of the addressee.
d. [ ] BY PERSONAL DELIVERY to the person(s) named above.
e. [ ] BY FAX TRANSMISSION to No.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on August 18, 2009, at Huntington Beach, California.
j,SSenior deputy City 1C k
glfollowup/appeal/!!proof of service letter!!.doc
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CITY OF HUNTINGTON BEACH
PUBLIC NOTICE
PUBLIC HEARING FOR THE AUTO DEALERS
BUSINESS IMPROVEMENT DISTRICT RENEWAL
NOTICE IS HEREBY GIVEN THAT the City Council will hold its Public Hearing on the 2009-2010 renewal of the
Auto Dealers Business Improvement District at its meeting scheduled on September 21,2009 at 6:00 PM or soon
thereafter at the Huntington Beach Civic Center,2000 Main Street,Council Chambers as required by the Parking and
Business Improvement Area Law of 1989 as approved by City Council in Resolution No 2009-47 as re-printed below:
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 2008-2009,
("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, (A1)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 PM 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. The City Clerk is hereby directed to provide notice of the public hearing by causing 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;
08-1159/13393 1
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 seventeenth day of August,2009.
The estimated cost of providing the improvements and activities for Fiscal Year 2009-2010 is$182,060.
Copies of the exhibits referenced above are available in the office of the City Clerk or by calling Doris Powell,Assistant
Project Manager (714)536-5457 or through the City's website at: http://www.surfcity-
hb.org/Govemment/Agendas/sep 1709.cfin
08-1159/13393 2