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Home My WebLink AboutHuntington Beach Auto Dealers Business Improvement District (14) Council/Agency Meeting Held: Deferred/Continued to: Approved%I L3 Conditionally Approved Ll Denied P. C r Signature v Ki o " 4oufn�c�il Department Meeting Date: 9/5/00 ID Number, ED 00-36 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator aW PREPARED BY: DAVID C. BIGGS, Director of Economic Development /1/" Z aew_,F� SUBJECT: Adopt Resolution for Huntington Beach Auto Dealer Business Improvement District Annual Assessment for Fiscal Year 2000-01 Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: At the August 7, 2000 City Council meeting, the City Council approved Resolution No. 2000-76 which declared the City's intention to levy an assessment for the Huntington Beach Auto Dealers BID for 2000-01 and authorized the City Clerk to schedule a public hearing to be held on September 5, 2000. 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 council must now hold a public hearing and pass a resolution approving an annual assessment for the 2000-01 fiscal year. Funding Source: The cost of printing and mailing is approximately $100.00, and funds are available in Economic Development's Administration Account No. E-TW-ED-810-2-1 1-00. Recommended Action: Motion to: Adopt City Council Resolution No.?pbo.9 4 . A Resolution of the City of Huntington Beach to approve an assessment for the Huntington Beach Auto Dealers BID for 2000-01. Alternative Action(s): Deny the request to approve the Resolution. Analysis: In fiscal year 1992/93 the Huntington Beach Automobile Dealers Association (HBADA) 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 statues, the Automobile Dealers have the option of implementing other programs to enhance the District. The obligations of the HBADA are listed in the Disposition and Development Agreement that is on file in the City Clerk's Office. The BID was formed in September 1992 by Ordinance No. 3175, which is also on file in the City Clerk's Office. Fiscal Year 2000-01 dealer assessments are based upon $700/month for each of the 12 member dealers. 0 0 The HBADA is the Board of Directors for the BID and they propose assessments for the BID for City Council review and approval. The HBADA unanimously approved the 2000/01 BID budget at their July 2000 meeting. Environmental Status: N/A Attachment(s): City Clerk's Page Number No. Description 1. Resolution Approving an Annual Assessment for 2000-01, Huntington Beach Auto Dealers BID W---s /o -2006) - 8 y` 2. City Council Action on RCA 00-35, Huntington Beach Auto Dealers BID dated August 7, 2000 RCA Author: Tom Andrusky x1530 Resolution Approving an Annual Assessment for 2000/01 Huntington Beach Auto Dealers DID TO F i 7 : RESOLUTION NO. 2000-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2000-2001 TO FUND IMPROVEMENTS WITHIN THE HUNTINGTON BEACH AUTO DEALERS 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 improvement areas for the purpose of imposing benefit assessments on businesses for certain purposes; and The City Council has formed a business improvement area, Huntington Beach 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 2000-2001 by levying assessments on those businesses that benefit from the improvements constructed. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve, determine and find as follows: SECTION 1. The City Council of the City of Huntington Beach hereby authorizes a levy and collection of assessments within the District for fiscal year 2000-2001. 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 Exhibits A-1 and A-2, in the amount of seven hundred dollars ($700.00) per month for fiscal year 2000-2001 as set forth on Exhibit A-3, which Exhibits are incorporated herein by reference. 1 g:/jmf/00reso1/auto00-0 1/08/16/00 0 0 Res. No. 2000-84 SECTION 2. The assessments collected will be used to cover costs to operate 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 3. Exhibit A-3 provides the budget and items which describe the activities of the District and the amount to be assessed to those businesses within the District. This information will be on file with the City Clerk. SECTION 4. 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 5tn day of September 2000. ATTEST:4 eJ�" • Mayor City Clerk 9- APPROVED AS TO FORM: r REVIEWED AND APPROVED: Z�,L �� oo City Attorney l C y Administrator INITIATED AND APPROVED: Director of con orffc Development 2 g:/jmf/00reso I/auto00-01/08/16/00 Res. No. 2000-84 Huntington Beach Boulevard of Cars Diagram { e It , 4, C ` .. 71 :rr Z 7 4 _ Res. No. 2000-84 Exhibit Al Huntington Beach BLVD of CARS Reader Board Site--) ®5 - Edinger Heil Dodge Chrysler-Plymouth-Jeep Eagle-Hyundai & Hummer Lincoln Mercury Mazda Mitsubishi Warner Huntington Beach Nissan Slater Talbert Chevrolet Ford Volkswagen/Isuzu/Kia 0 Ellis Saturn 0 Toyota Norm Reeves-Honda ® Garfield Daewoo C a n to i I � 00 t . 0 N z ,. Ct< }i t, i rY, . hr i Q) SN �� 7. J; .Y� � l�r�k' •� �yy � 162 I nw, Rr,' i, t r'4 k Exhibit A-2 H*INGTONBEACHAUTOMOBILEDE RSRe s. No. 2000-84 ❑ Clay James ❑ Danny McKenna Huntington Beach Dodge McKenna Motors Huntington Beach 16555 Beach Boulevard 18711 Beach Boulevard Huntington Beach, CA 92647 Huntington Beach,CA 92648 (714) 847-5515 Ext. 232 (714) 842-2000 FAX 847-2801 FAX 841-7819 ❑ Rick Evans ❑ Steven C. Coleman, CPA Huntington Beach Chrysler-Jeep/Eagle, Executive Vice President/ Plymouth, Hummer&Hyundai Chief Operations Officer 16710 Beach Boulevard Saturn of Orange County Huntington Beach, CA 92647 33033 Camino Capistrano (714) 841-3999, ext.221 San Juan, Capistrano, CA 92675 FAX 842-2903 (949)248-5411 FAX 248-0668 ❑ Tom Croxton Facility located at Mitsubishi of Costa Mesa 2860 Harbor Boulevard Saturn of Huntington Beach 18801 Beach Blvd. Costa Mesa, CA 92626 (714) 545-1700 ❑ David Wilson/Bob Miller FAX (714)437-5770 Toyota of Huntington Beach Facility located at: 18881 Beach Boulevard Mitsubishi of Huntington Beach Huntington Beach, CA 92648 16751 Beach Blvd. (714) 847-8555 Huntington Beach, CA 92647 FAX 841-9857 (714)375-9493 ❑ Bill McGrath, General Mgr. ❑ Steve Brown Norm Reeves Honda Beach Lincoln-Mercury-Mazda 19131 Beach Boulevard 16800 Beach Boulevard Huntington Beach,CA 92648 Huntington Beach, CA 92647 (714)963-1959 (714) 848-7739 FAX 841-3126 FAX 847-1265 ❑ Anthony Wonderly ❑ Ken Kaiden Daewoo Motors America,Inc. Huntington Beach Nissan 19232 Beach Blvd. 17331 Beach Boulevard Huntington Beach,CA 92648 Huntington Beach, CA 92647 (714) 593-1351 (714) 842-6666 FAX (714) 593-5852 FAX 847-0759 ❑ Jim Upp ❑ Dave DeLillo/Bill Demarest Executive Director, Huntington Beach DeLillo Chevrolet Auto Dealers Association 18211 Beach Boulevard 28141 Bluebell Dr. Huntington Beach, CA 92647 Laguna Niguel, CA 92677-7067 (714) 847-6087 (949) 831-8458 FAX 847-6721 FAX 831-1246 ❑ George Athan Huntington Beach Ford 18255 Beach Boulevard Huntington Beach, CA 92648 (714) 842-6611 FAX 847-8788 G:TomWutodeaRAuto list.doc —1 -1 - 08/17/2000 _ Res. No. 2000-84 Budget Proposal Res. No. 2000-84 Exhibit, BUDGET PROPOSAL FOR THE PERIOD OCTOBER 1, 2000 TO SEPTEMBER 30, 2001 HUNTINGTON BEACH AUTO DEALERS ASSOCIATION BUSINESS IMPROVEMENT DISTRICT REVENUE Dealer Assessments (Net) $992792 EXPENSES Administrative Expenses $135-000 Electricity 23,500 Escrow Services 2,700 Insurance/Taxes 6,000 Meeting Expense 1,800 Phone 300 Program and Maintenance 19,800 Beach Blvd. Banner Maintenance Program 110200 Community Relations Projects 202000 Annual Shop at Home Campaign 10,000 Miscellaneous 500 TOTAL EXPENSES $98,800 INCOME EXCEEDS EXPENSES $992 SUMMARY OF SIGNIFICANT BUDGET ASSUMPTIONS FOR THIS BUDGET PROPOSAL NOTE 1 DEALER ASSESSMENTS--Dealer Assessments are based on $700 per month for each of twelve 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' activities. NOTE 3 BEACH BOULEVARD BANNER MAINTENANCE Association will maintain new banners on Beach Boulevard. Res. No. 2000-84 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 the 5th day of September, 2000 by the following vote: AYES: Sullivan, Harman, Garofalo, Dettloff, Bauer NOES: None ABSENT: Julien, Green ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California City Council Action on RCA 00-35 Huntington Beach Auto Dealers BID dated August 7, 2000 'AT ,,. T 'PI, v c MIE ,- August 7, 2000 - Council/Agency Agenda E-10. (City Council) Approve 1999-2000 Annual Report - Huntington Beach Auto Dealer Business Improvement District(BID) and Adopt Resolution of Intention No 2000-76 to Levy an Annual Assessment for Fiscal Year 2000-01 - Schedule Public Hearing for Tuesday, September 5, 2000 (460.30) - 1. Approve the Huntington Beach Auto Dealers Business Improvement District Annual Report for FY 1999-2000; and 2. Adopt City Council Resolution No. 2000-76— 'A Resolution of the City Council of the City of Huntington Beach Declaring its Intention to Levy an Annual Assessment for Fiscal Year 200012001 to Fund Improvements within the Huntington Beach Auto Dealers Business Improvement District;"and 3. Direct the City Clerk to schedule a public hearing to be held on September 5, 2000, and send copies of the Resolution, BID Boundary Map, and assessment formula to each business to be assessed. Submitted by the Economic Development Director. Funding Source: Not applicable. [Approved 5-0-1-1 (Garofalo abstain; Harman absent)] II � RCA AGUTING SliEET INITIATING DEPARTMENT: Economic Development SUBJECT: HBADA Resolution Approving an Annual Assessment FY_ 2000/01 COUNCIL MEETING DATE: September 5, 2000 RCA ATTACHMENTS STATUS' Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff /7 A-, ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEMe y , - • RCA Author: Tom Andrusky x1530 J, > CITY OF HUNTINiGTONI BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway,City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk II To: is Date: eks-Loo Meeting Date: /.s0 62 Agenda Item:.JJ— Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit,please return to: Elaine Kuhnke, Management Assistant, Administration 1. Signature(s)Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate(Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insu nce certificate on this item.(See form attached) 5. Wording On Request For Council Action(RCA)Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other osrjzC.P1 $ ze&61 v G:agendalmisdreaform PUBLIC HEARING SECTION 7. The City, file for Public Review in SCHEDULED 5 the City Gterk's'Office.) Clerk shall mail a com SEPTEMBER , SECTION 2. The as- plete copy of Y its resolu. 2000, at 7:00 p.m. sessments collected will tion of intention by first- FOR: RESOLUTION !.be used to cover costs to class mail to each busi- ness owner in this area NO. 2000-76 operate and maintain an within seven days after PROOF OF PUBLICATION A RESOLUTION electronic reader bard the Council's adoption of OF THE CITY COON- located within the City of this resolution. CIL OF THE CITY OF Huntington Beach west SECTION 8. This res- HUNTINGTON BEACH' of the intersection of olution shall take effect'! DECLARING ITS IN-' Beach Boulevard and immediately upon adop-" TENTION TO LEVY AN Center Avenue and tion. STATE OF CALIFORNIA) ANNUAL ASSESS- other promotional and MENT FOR FISCAL advertising activities. PAST AND ADOPTED YEAR 2000-2001 TO SECTION 3. Exhibit SS. FUND IMPROVE.- A-3 of this Resolution Citya of Huntingtonof the County of Orange ) MUNTI WITHIN THE sets forth the.descget and glen HUNTINGTON BEACH items which describe the Beach at a regular meet- AUTO DEALERS BUSI- activities of the District ing thereof held on the NESS IMPROVEMENT and the amount to be as. 7th day of August 2000. DISTRICT sessed to those busi- Isl David Garofalo, WHEREAS, the Park- nesses within the Dis- Mayor ATTEST: am a Citizen of the United States and a p o rvement Area and eLaw l of trSECTION 4. A public /S1 Connie Brockway, 1989, codified at Streets hearing shall be held City Clerk resident of the County aforesaid; I am and Highways Code before the City Council Published Huntington Section 36500, et seq.' on September 5, 2000, Beach-Fountain Valley; over the age independent August 2a, of eighteen years, and not a (the "Act") authorizes at 7:00 p.m., or as soon 2000 party cities to establish ark thereafter as this matter t0 Or interested in ing and businesspim- may be heard, in the 084-891 the below provement areas for the Council Chambers of the entitled muter. I am a principal clerk of purpose of imposing City Hall, 2000 gMain benefit assessments on Street, Huntin ton the HUNTINGTON BEACH INDEPENDENT a businesses for certain Beach, California, at purposes; and which time the Council .newspaper of general circulation, printed The City Council has will hear all interested formed a business im- persons for or against le- and published In the city provement area, known vying of the assessment, of Huntington as the Huntington Beach and the furnishing of Beach CQun Auto Dealer Business specified types of im- ty of Orange, State of Improvement District provements or activities. California, and (the" District"), by the Protests may be made that attached Notice IS a passage of Ordinance orally or in writing;but, if true and corn 1992 on September s written, shall be filed complete copy as was printed come The time has with the City Clerk at or and published in the Huntington Beach come to continue the ex- before the time fixed for istence of the District for the hearing and contain and Fountain fiscal year assessments by sufficient documentation Valley issues of said levying assessments on a verify business own- those businesses that ership and validate the newspaper to wit the issue(s) of: benefit from the i - particular protest. If writ- provements con- ten protests are received structed; and by the owners of busi- The City Council has nesses within the Dis- received and approved trict, which will pay 50 0 the Annual Report from or more of the total as- the Advisory Group to sessments to,be levied, the District. The no further proceedings August 24, 2000 Advisory Group has.re- to levy the proposed as- quested that the benefit sessment shall be taken assessment be con- for a period of one year tinued for Fiscal Year from the date of the find - 2000-2001. A copy of ing of a majority protest the Advisory Report is by the City Council.If the on file with the City majority protest is only Clerk against the furnishing.of declare, under penalty of perjury that NOW, THEREFORE, a specified type nor t types i the City Council of the of improvements or the foregoing is City of Huntington ,activity within the Dis- true and correct. Beach does hereby re- Itrict, those types of im- solve, determine and provements or activities find as follows: shall be eliminated. SECTION 1. The City SECTION 5. Further Executed on Council of the City of information regarding August 24 2�60� Huntington Beach the proposed business hereby declares its in- improvement district at Costa Mesa, California. tent levy and collect may be obtained at the assessments within the Huntington Beach City District for Fiscal Year Hall, 2000 Main Street, 2000-2001. The levy is Huntington Beach, Cali- to apply to small busi- fornia 92648; telephone nesses classified by the (714) 536-5542; or from City of Huntington the Huntington Beach Beach License Code as Auto Dealers Associa- Class A Retail Sales, tion, Inc. P.O. Box 2700, (Al) Auto, New, Used, Huntington Beach, CA Parts including new 92648; telephone (949) business of that classi- 831-1246. fication located within SECTION 6. The City Signature the District as shown in Clerk will have this reso- Exhibits A-1 and A-2, in lution of intention to be the amounts set forth on published once in a _ Exhibits A-3, which ex- newspaper of general hibits are incorporated circulation in the city at herein by reference. (On least seven days before - the public hearing.. • e HB Auto Dealer Business Improvement District (BID) City Council Meeting r.. September 5, 2000 Item D-2 INN Background ® A First Formed 1992 • HB Auto Dealer Association Requested BID be Formed to Operate and Maintain Electronic Reader Board. • Under BID, Dealers have Option to Implement Other Programs to Enhance District. 1 Background - B August 7, 2000 City Council Approved Resolution No. 2000-76 Intention to Levy Assessment for Huntington Beach Auto Dealers BID for 2000-01 and to Hold a Public Hearing. City Council Resolution 2000-76 Participating Dealers • Huntington Beach Dodge • Chrysler Jeep Hummer • De Lillo Chevrolet °ter • Daewoo .. • Huntington Beach Ford • McKenna Motors J • Toyota of Huntington Beach E • Huntington Beach Nissan • Beach Lincoln-Mercury-Mazda • Norm Reeves Honda • Mitsubishi of Huntington Beach • Saturn of Orange County 2 ciment Status ® A ® Copies of Resolution 2000-76 with Map and Assessment Formula were sent to each Business to be Assessed. • Proposed FY 2000-01 Budget has been Attached to Staff Report. 1. 9 • . uentStatuV ® .. • Proposed Assessment is $700 per month. Assessment for FY 99-2000 was $559 per month except for October which was $4,785. -Proposed Budget and Assessment Have Been Approved by BID's Board of Directors -- July, 2000 � z 3 Recommended Action Council Actions needed are to •Hold a Public Hearing and ®Pass a Resolution Approving an Annual Assessment for FY 2000-01. Fn .::. . . . . . . . . 4 MW Council/Agency Meeting Held: 00 Deferred/Continued to: 4 ppro ved LJ Copditionally Approv d Li 1�nied %*t--C-:V C k' Signature A 4 X;IkoQh�5 C� u'ncil'Meeting Zte ' August 7, 2 00 NIF41 Department ID mber: ED 00-35 CITY OF HUNTINGTON BEACH f--, E C=:. - REQUEST FOR COUNCIL ACTION 7'. SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: DAVID C. BIGGS, Economic DevelopmentO SUBJECT: Approve 1999-2000 Annual Report— Huntington Beach Auto Dealer Business Improvement District and Resolution of Intention to Levy an Annual Assessment for Fiscal Year 2000-01 k&,5 Ajo ;ZXO-74�; 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 which established the Huntington Beach Auto Dealers Business Improvement District (BID) as a method of fee setting (including dues), billing and collections relative to costs of construction, operation, creating a trust fund and maintenance of electronic reader board sign and other programs allowed under the law. The parking and Business improvement Law 1989 requires that an Annual Report be filed for each fiscal year and that a resolution of intention be passed to levy an assessment for the next fiscal year (2000-01), which includes setting a public hearing date. Funding Source: Not applicable. Recommended Action: Motion to: 1. Approve the Huntington Beach Auto Dealers Business Improvement District Annual Report for FY 1999-00. 2. Adopt City Council Resolution No. loco— 7�, a Resolution of Intent of the City of Huntington Beach to levy an assessment for the Huntington Beach Auto Dealers BID for FY 2000-01. 3. Direct the City Clerk to schedule a public hearing to be held on September 5, 2000, and send copies of the Resolution, BID Boundary Map, and assessment formula to each business to be assessed. Alternative Action(s): 1. Return the 1999-00 Annual Report of the Huntington Beach Auto Dealers BID for additional information. 2. Deny the request to approve the Resolution of Intent. Analysis: In fiscal year 1992/93 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. Under the Business Improvement District statutes, the Auto Dealers have the option of implementing other programs to enhance the District. The obligations of the HBADA are listed in the Disposition and Development Agreement that is on file in the City Clerk's office. Dealer assessments are based upon $700/month for each of the 12 member dealers. Increases in Administrative Expense, Community Relations and the Annual Shop at Home Campaign have been made in the budget. The Huntington Beach Auto Dealers Association is the Board of Directors for the BID and they propose assessments for the BID for City Council review and approval. The Huntington Beach Auto Dealers Association unanimously approved the 2000-01 BID budget at their July, 2000 meeting. Environmental Status: N/A Attachment(s): Gity Clerk's . - Number No. Description. 1. Huntington Beach Auto Dealer Letter Dated July 11, 2000 2. Resolution of Intent to Levy an Assessment for 2000-01 Exhibit Al, Auto Dealers member list Exhibit A2, Auto Dealers Members List Exhibit A3, Budget Proposal RCA Author: Tom Andrusky- 1530 HB Auto Dealers Letter of July 11, 2000 Advisory Board Resolution 2000-01 Annual Report r am W. a: "d F r; HUNTINGTON BEACH " AUTOMOBILE DEALERS Fff -` ASSOCIATION, INC. July 11, 2000 David Biggs Deputy City Administrator Director, Economic Development City of Huntington Beach 2000 Main St. Huntington Beach, CA. 92648 SUBJECT: Annual Report for the Huntington Beach Auto Dealers Business Improvement District for the 1999-2000 fiscal year and our 2000-2001 Budget Proposal. Dear Dave, Due to the early scheduled dates for city council review and approval, our operating statement is for the first nine months. We will send the city the 1999-2000 operating statement after the completion of the fiscal year. Enclosed are: Proposed 1999-2000 fiscal year budget for city council approval. The monthly member assessment payment is to be $700. Copy of association's July 11 resolution approving the proposed budget and for forwarding budget to city council for their approval. If you have any questions, please feel free to call me. Sincerely, Jan pp xecutive Director `eC: Bob Miller, President i PMB 203 • 16787 Beach Blvd. • Huntington Beach, California 92647 FROM : MAN LASHER • FAX NO. : 714 960+7637 461. 06 2000 04:41PM P1 H BADA 7/6/00 HUNTINGTON BEACH AUTO DEALERS ASSN. 1011/99 Through 5/30/00 Page 1 6/1/00- 1011199- Category Description 6130100 6/30/00 DUES 9,776.25 96,421.06 MISC. INCOME 0.00 2,618.58 TOTAL INCOME 9,776.25 99,037_63 0EIES... ADMIN 588.58 5,258.51 BANNER 0.00 14,824.04 ELECTRICITY 1,901.83 18,235.23 ESCROW SERVICES 225.00 1,800.00 INSURANCE 0.00 1,378.00 MAINTENANCE 1,650.00 14,850.00 MEETING EXP. 128.65 1,270.96 PHONE 34.39 296.36 TRI-VISION 0.00 52,616.00 TOTAL EXPENSES 4,528.46 110,679.10 TOTAL INCOME- EXPEN... 5,247.60 -11,541.47 BUDGET PROPOSAL FOR THE PERIOD OCTOBER 1, 2000 TO SEPTEMBER 30, 2001 HUNTINGTON BEACH AUTO DEALERS ASSOCIATION BUSINESS IMPROVEMENT DISTRICT REVENUE Dealer Assessments (Net) $99,792 EXPENSES Administrative Expenses $13,000 Electricity 23,500 Escrow Services 2,700 Insurance/Taxes 6,000 Meeting Expense 1,800 Phone 300 Program and Maintenance 19,800 Beach Blvd. Banner Maintenance Program 1,200 Community Relations Projects 20,000 Annual Shop at Home Campaign 10,000 Miscellaneous 500 TOTAL EXPENSES $98,800 INCOME EXCEEDS EXPENSES $992 SUMMARY OF SIGNIFICANT BUDGET ASSUMPTIONS FOR THIS BUDGET PROPOSAL NOTE 1 DEALER ASSESSMENTS--Dealer Assessments are based on $700 per month for each of twelve 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' activities. NOTE 3 BEACH BOULEVARD BANNER MAINTENANCE Association will maintain new banners on Beach Boulevard. 0 0 RESOLUTION PASSED AT HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT MEETING. MOTION WAS MOVED, SECONDED AND PASSED AT JULY 11, 2000 MEETING It was moved and seconded to instruct Jim Upp, Executive Director, to request City approval of the Business Improvement District's 2000-2001 Budget. Motion was passed unanimously. CORPORATE SEAL I CERTIFY THAT THIS IS A TRUE COPY OF A RESOLUTION FROM THE JULY 11, 2000 MEETING. 100 J _es W. Upp S �cretary JUL-12-2000 05 :58 AM 546877622 949 851 1246 P. 01 s � ******FAX MESSAGE FROM****** HUNTINGTON BEACH AUTO DEALERS ASSOCIATION 28141 BLUEBELL DRIVE, LAGUNA NIGUEL, CA. 92677 FAX AND TELEPHONE (949) 831-1246 DATE: July 11, 2000 FAX NO: gMr-52� 3 75— 50q-7 TO: City of Huntington Beach CONTACT: Tom Andrusky NO. OF PAGES (including cover page): ONE MESSAGE: The following members approved the resolution at the July 11 meeting to approve the 2000-2001 BID Budget and instructed the Executive Director to request City Council approval of the 2000-2001 Budget. Bob Miller, Toyota of H.B. Sandy Priest, H.B. Dodge Tom Croxton, H.B. Mitsubishi Bill Demarest, DeLillo Chevrolet Harold Deem, Norm Reeves Honda Rick Evans, H.B. Chrysler-Jeep Ray Belling, H.B. Daewoo Steve Smith, Beach Lincoln Mercury Mazda James Upp Secretary JUL-11-2000 14; 14 949 931 1246 96% P.01 • • City Resolution of Intent to Levy Assessment ilk -- ' • 0 RESOLUTION NO. 2000-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2000-2001 TO FUND IMPROVEMENTS WITHIN THE HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT WHEREAS, the Parking and Business Improvement Area Law of 1989, codified at Streets and Highways Code § 3 65 00, 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 Dealer 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 2000-2001 by levying assessments on those businesses that benefit from the improvements constructed; and The City Council has received and approved the Annual Report from the Advisory Group to the District. The Advisory Group has requested that the benefit assessment be continued for Fiscal Year 2000-2001. A copy of the Advisory Report is on file with the City Clerk. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve, determine and find as follows: SECTION 1. The City Council of the City of Huntington Beach hereby declares its intent to levy and collect assessments within the District for Fiscal Year 2000-2001. 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 Exhibits A-1 and A-2, in the amounts set forth on Exhibit A-3, which exhibits are incorporated herein by reference. SECTION 2. The assessments collected will be used to cover costs to operate 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 3. Exhibit A-3 of this Resolution sets forth the budget and items which describe the activities of the District and the amount to be assessed to those businesses within the District. 1 adl/00reso/autobid00 RLS 00-692-7/31 00 Res. No. 2000-76 SECTION 4. A public hearing shall be held before the City Council on September 5, 2000, at 7:00 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers of the City Hall, 2000 Main Street, Huntington Beach, California, at which time the Council will hear all interested persons for or against levying of the assessment, and the furnishing of specified types of 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. 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) 831-1246. SECTION 6. The City Clerk will have this resolution of intention to be published once in a newspaper of general circulation in the city at least seven days before the public hearing. 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 7th day of August 2000. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 7- 24- 6�� REVIEWED AND APPROVED: INITIATED AND APPROVED: City Admirf strator Director of Economic Development 2 adV00reso/autobid00 RLS 00-692-7/24,00 Res. No. 2000-76 Huntington Beach Boulevard of Cars Diagram -'Ex h b1z"', w I Res. No. 2000-76 Exhibit Al Huntington Beach BL.VD of CARS Reader Board Site- 05 57 Qn Edinger Heil Dodge Q Chrysler-Plymouth-Jeep Eagle-Hyundai & Hummer 0 Lincoln Mercury Mazda Mitsubishi Warner Huntington Beach Nissan Slater Talbert Chevrolet 0 Ford Q Volkswagen/Isuzu/Kia Q Ellis Saturn 0 Toyota Garfield Norm Reeves-Honda ® ®Daewoo CD n M Res. No. 2000-76 Auto Dealers Members List Exhibit A-2 HUN*TON BEACH A UTOMOBILE DEALS Res. No. 2000-76 ❑ Clay James ❑ Danny McKenna Huntington Beach Dodge McKenna Motors Huntington Beach 16555 Beach Boulevard 18711 Beach Boulevard Huntington Beach, CA 92647 Huntington Beach, CA 92648 (714) 847-5515 Ext. 232 (714) 842-2000 FAX 847-2801 FAX 841-7819 ❑ Rick Evans ❑ Steven C. Coleman,CPA Huntington Beach Chrysler-Jeep/Eagle, Executive Vice President/ Plymouth, Hummer&Hyundai Chief Operations Officer 16710 Beach Boulevard Saturn of Orange County Huntington Beach, CA 92647 33033 Camino Capistrano (714) 841-3999, ext. 221 San Juan,Capistrano, CA 92675 FAX 842-2903 (949)248-5411 FAX 248-0668 ❑ Tom Croxton Facility located at Mitsubishi of Costa Mesa Saturn of Huntington Beach 2860 Harbor Boulevard 18801 Beach Blvd. Costa Mesa, CA 92626 (714) 545-1700 ❑ David Wilson/Bob Miller FAX (714)437-5770 Toyota of Huntington Beach. Facility located at: 18881 Beach Boulevard Mitsubishi of Huntington Beach Huntington Beach, CA 92648 16751 Beach Blvd. (714) 847-8555 Huntington Beach, CA 92647 FAX 841-9857 (714)375-9493 ❑ Bill McGrath,General Mgr. ❑ Steve Brown Norm Reeves Honda Beach Lincoln-Mercury-Mazda 19131 Beach Boulevard 16800 Beach Boulevard Huntington Beach, CA 92648 Huntington Beach, CA 92647 (714)963-1959 (714) 848-7739 FAX 841-3126 FAX 847-1265 ❑ Ray Belling ❑ Ken Kaiden Daewoo Motors America, Inc. Huntington Beach Nissan 19232 Beach Blvd. 17331 Beach Boulevard Huntington Beach, CA 92648 Huntington Beach, CA 92647 (714)593-1351 (714) 842-6666 FAX (714)593-5852 FAX 847-0759 ❑ Jim Upp ❑ Dave DeLilloBill Demarest Executive Director,Huntington Beach DeLillo Chevrolet Auto Dealers Association 18211 Beach Boulevard 28141 Bluebell Dr. Huntington Beach, CA 92647 Laguna Niguel, CA 92677-7067 (714) 847-6087 (949) 831-8458 FAX 847-6721 FAX 831-1246 ❑ George Athan Huntington Beach Ford 18255 Beach Boulevard Huntington Beach, CA 92648 (714) 842-6611 FAX 847-8788 G:Tom\AutodealWutolist.doc -1 - 07/11/2000 Res. No. 2000-76 Budget Proposal Exhibit A Res. No. 2000-76 BUDGET PROPOSAL FOR THE PERIOD OCTOBER 1, 2000 TO SEPTEMBER 30, 2001 HUNTINGTON BEACH AUTO DEALERS ASSOCIATION BUSINESS IMPROVEMENT DISTRICT REVENUE Dealer Assessments (Net) $99,792 EXPENSES Administrative Expenses $13,000 Electricity 23,500 Escrow Services 2,700 Insurance/Taxes 6,000 Meeting Expense 1,800 Phone 300 Program and Maintenance 19,800 Beach Blvd. Banner Maintenance Program 1,200 Community Relations Projects 20,000 Annual Shop at Home Campaign 10,000 Miscellaneous 500 TOTAL.EXPENSES $98,800 INCOME EXCEEDS EXPENSES $992 SUMMARY OF SIGNIFICANT BUDGET ASSUMPTIONS FOR THIS BUDGET PROPOSAL NOTE 1 DEALER ASSESSMENTS--Dealer Assessments are based on $700 per month for each of twelve 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' activities. NOTE 3 BEACH BOULEVARD BANNER MAINTENANCE Association will maintain new banners on Beach Boulevard. Res. No. 2000- 76 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 the 7th day of August, 2000 by the following vote: AYES: Julien, Sullivan, Green, Dettloff, Bauer NOES: None ABSENT: Harman ABSTAIN: Garofalo City Clerk and ex-officio &Jerk of the City Council of the City of Huntington Beach, California HU*GTON BEACHA UTOMOBILE DEAS Clay James Danny McKenna Huntington Beach Dodge McKenna Motors Huntington Beach 16555 Beach Boulevard 18711 Beach Boulevard Huntington Beach, CA 92647 Huntington Beach, CA 92648 (714) 847-5515 Ext. 232 (714) 842-2000 FAX 847-2801 FAX 841-7819 Rick Evans Steven C. Coleman, CPA Huntington Beach Chrysler-Jeep/Eagle, Executive Vice President/ Plymouth, Hummer& Hyundai Chief Operations Officer 16710 Beach Boulevard Saturn of Orange County Huntington Beach, CA 92647 33033 Camino Capistrano (714) 841-3999,ext. 221 San Juan,Capistrano,CA 92675 FAX 842-2903 (949)248-5411 FAX 248-0668 Tom Croxton Facility located at Mitsubishi of Costa Mesa Saturn of Huntington Beach 2860 Harbor Boulevard 18801 Beach Blvd. Costa Mesa, CA 92626 (714) 545-1700 David Wilson/Bob Miller FAX (714)437-5770 Toyota of Huntington Beach Facility located at: 18881 Beach Boulevard Mitsubishi of Huntington Beach Huntington Beach, CA 92648 16751 Beach Blvd. (714) 847-8555 Huntington Beach, CA 92647 FAX 841-9857 (714)375-9493 Bill McGrath, General Mgr. Steve Brown Norm Reeves Honda Beach Lincoln-Mercury-Mazda 19131 Beach Boulevard 16800 Beach Boulevard Huntington Beach,CA 92648 Huntington Beach,CA 92647 (714)963-1959 (714)848-7739 FAX 841-3126 FAX 847-1265 Anthony Wonderly Ken Kaiden Daewoo Motors America,Inc. Huntington Beach Nissan 19232 Beach Blvd. 17331 Beach Boulevard Huntington Beach,CA 92648 Huntington Beach,CA 92647 (714) 593-1351 (714)842-6666 FAX- (714)593-5852 FAX 847-0759 Jim Upp Dave DeLilloBill Demarest Executive Director,Huntington Beach DeLillo Chevrolet Auto Dealers Association 18211 Beach Boulevard 28141 Bluebell Dr. Huntington Beach,CA 92647 Laguna Niguel, CA 92677-7067 (714) 847-6087 (949) 831-8458 FAX 847-6721 FAX 831-1246 George Athan V'4 Huntington Beach Ford Nw* 18255 Beach Boulevard ' 1� Huntington Beach,CA 92648 (714) 842-6611 FAX 847-8788 0 PUBLIC HEARING SCHEDULED ON SEPTEMBER 5, 2000 , at 7:00 p.m. FOR; RESOLUTION NO. 2000-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO LEVY AN ANNUAL ASSESS-AIENT FOR FISCAL YEAR 2000-2001 TO FUND IMPROVEMENTS WITHIN THE HUNTINGTON BEACH AUTO DEALERS 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 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 Dealer 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 2000-2001 by levying assessments on those businesses that benefit from the improvements constructed; and The City Council has received and approved the Annual Report from the Advisory Group to the District. The Advisory Group has requested that the benefit assessment be continued for Fiscal Year 2000-2001. A copy of the Advisory Report is on file with the City Clerk. NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve, determine and find as follows: SECTION 1. The City Council of the City of Huntington Beach hereby declares its intent to levy and collect assessments within the District.for Fiscal Year 2000-2001. 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 Exhibits A-1 and A-2, in the amounts set forth on Exhibit A-3, which exhibits are incorporated herein by reference. (On File f or ,-Public Review in the City Clerks Office.) SECTION 2. The assessments collected will be used to cover costs to operate 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 3. Exhibit A-3 of this Resolution sets forth the budget and items which describe the activities of the District and the amount to be assessed to those businesses within the District. SECTION 4. A public hearing shall be held before the City Council on September 5, 2000, at 7:00 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers of the City Hall, 2000 Main Street, Huntington Beach, California, at which time the Council will hear all interested persons for or against levying of the assessment, and the furnishing of specified types of 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. 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) 831-1246. SECTIO.'6. The City Clerk will have this resolution of intention to be published once in a newspaper of general circulation in the city at least seven days before the public hearing. 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 7 th day of August 260o. /s/ David Garofalo Mayor ATTEST: /s/ Connie Brockway City Clerk 0 • FAX FROM: ® CONNIE BROCKWAY, CITY CLERK J CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH P O Box 19012000 Main Street Huntington Beach, CA 92648 HUNTINGTON BEACH (714) 536-5227 (714) 374-1557 FAX Fax #: 949+646-5008 Date: �- Number of Pages (including cover page): 3 By: Deputy City Clerk To: IN ER ET ADDRESS: H.B. Independent http://www.ci.huntington-beach.cams Mike (Legals) OR http://www.hbsurfcity.com/clerk Phone: 949+574-4251 Remarks: 11 Urgent 11 11 For your review Reply ASAP Please comment T27er your request ILL �S orms ax • • RCA ROUTING SHEET- INITIATING DEPARTMENT: Economic Development SUBJECT: Approve 1999-2000 Annual Report— Huntington Beach Auto Dealer BID and Resolution of Intention to Levy an Annual Assessment for FY 2000-01 COUNCIL MEETING DATE: August 7, 2000 RCA ATTAC H M E NTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED R„EURNEDve FORWARDED Administrative Staff ? ( ) L ) Assistant City Administrator (Initial) City Administrator (Initial) City Clerk ( ) EXP,'LANATIO'N FOR,RETURN O.F''ITEM r, /Iea'z-ce 4-, S-v pew—1 C fa r (Below • . For Only) RCA Author: Tom Andrusky extension 1530 ;• CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk II To: Date: Meeting Date: o �� _ Agenda Item:Z l�� U A,vl' r Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Officemust return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Elaine Kuhnke, Management Assistant, Administration 1. Signature(s)Needed A On RCA / l B On Agreement C Other 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate(Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that depar)Alen.t will be responsible for obtaining insurance certificate on this item.(See form attached) 5. Wording On Request For Council ction(RCA)Unclear A Recommended Action on RCA n complete B Clarification needed on RCA C Other 6. City Attorney Approva equired 7. Agreement Needs 1 Be Changed A Page No. 8. Other . G:agendalmisclrcatorm ti/ t C TV OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk II To: Date: ! �� Meeting Date: Agenda Item: -- Proposed Q1Y Council Agenda Items: The CityClerk's Office/City Administrat' or's Office must return your Y ) agenda item due to the following requirements that have not been met. Wh your Agenda Item is ready to resubmit, please return to: Elaine Kuhnke, Management Assistant, dmi stration 1. Signature(s)Needed A On RCA B On Agreement _ C Other 2. Attachments A Missing B Not identified e C Other I 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate(Py6of Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item.(See form attached) 5. Wording On Bequest For Council Action(RCA)Unclear A Recommended Action on RCA not complete B Clarification needed on RCA _ C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. I 8. Other G.agendalm isclrca(orm J r RECEIVED CITY OF HUNTINGTON BEACH r 1999 Inter-Department Communication DEPARPAENTO. TO: David Biggs,Director of Economic Development FROM: Gail Hutton, City Attorney DATE: February 10, 1999 SUBJECT: Auto Dealers Business Improvement District Attached please find the approved Resolution of Intention to increase the annual assessment for fiscal year 1998-99 to fund.the auto mall message board.-Also attached is the ordinance that would adopt the increased assessment after the public hearing. Please note that we have left the date of the public hearing blank. The hearing must be conducted not less than 20 days or more than 30 days after the adoption of the Resolution of Intention. Consequently MVP.w uld suggest I that the hearing be noticed two Council meetings after the Council adopts the Resolution of. Intention. We also wanted to address any possible objection to this increased assessment based upon Proposition 218. Proposition 218 established certain procedures to be applied to any increases in "property related fees." In this case,no court case has definitively determined whether business improvement districts are subject to Proposition 218. However,most legal opinions are of the view that such district are not subject to Proposition 218 because it provides a service that is unrelated to property itself. Shortly after the adoption of Proposition 218, a lawsuit was filed against a business improvement district in San Diego. The trial court ruled that the dist�._t• s not subject to Proposition 218. This case is currently on appeal. Based upon that situation, it remains our opinion that the Business Improvement District is not subject to Proposition 218. Gail Hutton City Attorney Attachments S F/s:S F-99memos:99-081 mn 0/99-#2 Y SECTION 4. A public RESOLUTION hearing shall be held STATE OF CALIFORNIA) NO.99-15 before the City Council on COUNTY OF A RESOLUTION OF April 5;1999,at 7:00 p.m., ORANGE)ss THE CITY OF HUNT- or as soon thereafter as CITY OF. PROOF OF PUBLICATION INGTON BEACH DE- this matter may be heard, Hj TING ON BEACH) CLARING ITS INTEN- m the Council Chambers of lth1, dui elected, the CityHall, 2000 Main Y qualified TION TO LEVY AN IN- I City Clerk of the City of Street, Huntington Beach, y Y CREASE IN THE AN- California, at which-time Huntington Beach,and ex- STATE OF CALIFORNIA) NUAL ASSESSMENT the Council will hear all in- officio Clerk of the City FOR FISCAL YEAR terested persons for or Council of said City, do 1998-99 TO FUND IM- against levying of the as- hereby" certify that the. SS. PROVEMENTS sessment, and the :whole number of members WITHIN THE HUNT- furnishing of specified of the City Council of the County of Orange ) I N G T O N BEACH types of improvements or evenf Huntington tghe fo e Beach is activities. Protests may be g AUTO DEALERS :made orally or in writing but 'resolution was passe and BUSINESS .IMPROVE- if written,shall be filed with adopted by the affirmative i i the City Clerk at or before vote of at least a majority of I am a Citizen of the United States and a the time fixed for the hear- all the members of said MENT DISTRICT ing and contain sufficient,City Council at a regular' resident of the County aforesaid; I am WHEREAS, the Parking documentation to verity meeting thereof held on the and Business Improve- business- ownership and -15th day of March,1999 over the age of eighteen years and not a ment Area Law of 1989, validate the particular by the following vote: i codified at Streets Nand protest. If written protests!,AYES: Bauer, Garofalo, Highways Code Section are received by the owners;Green, Dettloff, Harman, party to Or interested In the below 36500 et seq. (the "Act") of businesses within the 1Sullivan entitled matter. I am a principal clerk of authorizes cities to estab District which will pay 50% NOES:Norte lish parking and business ABSENT:Julien or more of the total assess-' improvement areas.for the ments to be levied, no ABSTAIN:None the HUNTINGTON BEACH INDEPENDENT, a purpose of imposingbene- further proceedings to levy /S/ Connie Brockway, fit assessments on busi- the proposed assessment City Clerk and ex-offices newspaper of general circulation printed nesses for certain shall be taken for a period Clerk of the City Council b i purposes;and of one year from the date of of the City fof ormaHuntington The City Council has for- the finding of a.majority,Beach,California and published In the City of Huntington med a business improve- the fit ing of ityCo majority Published Huntingtonpro , merit area, known as the If the majority.protest.,is Beach-Fountain Valley., Beach, County of Orange State of Huntington Beach Auto Independent, March 18 ' � only against the furnishing p Dealers Business Improve- of a specified type or types 11999 California, and that attached Notice Is a mment District. (the "Dis- of improvements or activity 033701 ;.trict'), by the passage of within the District, those Ordinance 3175 on Sep- apes of improvements or true and complete Copy as Was printed tember8,1992;and activities shall . be and published in the Huntington c on Beach TheCityCouncilhason eliminated. eived a recommendation SECTION.5. Further in-. and Fountain Valley Issues of said the.Dfrom i a ct to increaseBoar formation regarding the the.District to increase the newspaper to wit the issue(s) of: benefit assessment .the - - remainder of Fiscall Year proposed business im-, 1998-99. A copy of the provement district may be Advisory Board recom- obtained at the Huntington mendation is on file with Beach City Hall,2000 Main the City Clerk. ' Street;Huntington Beach, NOW,THEREFORE,the California 92648; tele- City Council of the City of phone..(714) 536-5542; or. Huntington Beach does from the Huntington'Beach hereby resolve, determine Auto Dealers Association, and find as follows: Inc.,P.O.Box 2700,.Hunt- March 18 , 1999 SECTION 1. The City ington Beach, CA 92648; Council of the City of Hunt- telephone(949)831-8458. ington Beach hereby de-- SECTION 6. The.City clares its intent to levy and Clerk will have this resolu collect additional assess tion of intention to be pub declare, under penalty of perjury, that mscal.ents Ytar 19 8-99..Thestrict for of general inaneoninthr / Fiscal. 1998-99..The of general circulation in the llevy is to apply to small city at least seven days_ the foregoing is true and correct. lbusinesses classified by before the public hearing. 'the .City of Huntington- SECTION. 7. The City Beach License Code as Clerk shall mail a complete Class A Retail Sales, (At) copy of this resolution of in- Auto;New,Used,Parts,in- tenbon by first-class mail to Executed OnMarch cluding new business of each business owner in Ma r eh 18 , 19 9 g that classification located this area within seven days within the District as shown after the Council's adoption at Costa Mesa, California. in Exhibits A-1 and A-2,in of this resolution. the amounts set forth on SECTION 8.This resolu- Exhibit A-3,which Exhibits tion shall take effect im are incorporated herein by mediately upon adoption. reference. PASSED -A N D SECTION 2.The assess- ADOPTED by the City ments collected will be Council of the City of Hunt- used to cover costs to op- ington Beach at a'regular lerate and maintain an elec- meeting thereof held on the tronic reader board located 15th day of March, 1999. within the City of Hunt- /S/Peter Green,Mayor ington Beach west of the ` ATTEST: intersection of Beach Bou- /S/Connie Brockway Signature levard and Center Avenue City Clerk and other promotional and advertising activities: SECTION 3.:Exhibit A-3 of this Resolution-sets forth the budget and items which describe the activities of ;the District and the amount Ito be assessed to those businesses within_ the Dis- trict. u CITY OF HUNTINGTON BEACH i—i_o i 11999 Inter-Department Communication DrrARTF,iENT OF f_,0_1'0tJ A?r TO: David Biggs, Director of Economic Development FROM: Gail Hutton, City Attorney DATE: February 10, 1999 SUBJECT: Auto Dealers Business Improvement District Attached please find the approved Resolution of Intention to increase the annual assessment for fiscal year 1998-99 to fund the auto mall message board. Also attached is the ordinance that i would adopt the increased assessment after the public hearing. Please note that we have left the date of the public hearing blank. The hearing must be conducted not less than 20 days or more than 30 days after the adoption of the Resolution of Intention. Consequentl —uould suggest p that the hearing be noticed two Council meetings after the Council adopts the Resolution f Intention. We also wanted to address any possible objection to this increased assessment based upon Proposition 218. Proposition 218 established certain procedures to be applied to any increases in "property related fees." In this case, no court case has definitively determined whether business improvement districts are subject to Proposition 218. However, most legal opinions are of the view that such district are not subject to Proposition 218 because it provides a service that is unrelated to property itself. Shortly after the adoption of Proposition 218, a lawsuit was filed against a business improvement district in San Diego. The trial court ruled that the dirt,'1 as not subject to Proposition 218. This case is currently on appeal. Based upon that situation, it remains our opinion that the Business Improvement District is not subject to Proposition 218. Gail Hutton City Attorney Attachments S F/s:S F-99memos:99-081 02/10/99-#2