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HomeMy WebLinkAboutApprove for introduction Ordinance No. 4142 repealing Chapte Dept. ID ED 17-27 Page 1 of 2 Meeting DDa(te�j12/4/2017 � 1 Y"I—i��,1 v�� ► VIA '!�/1�-Y/[Ju—//IJIY _ ( d roVNULL CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 12/4/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kellee Fritzal, Deputy Director, Business Development SUBJECT: Approve for introduction Ordinance No. 4142 repealing Chapter 3.52 of the Huntington Beach Municipal Code (Ordinance 3175) and disestablishing the Parking and Business Improvement Area known as the Huntington Beach Auto Dealers Business Improvement District (BID) Statement of Issue: On November 6, 2017, the City Council adopted Resolution No. 2017-51 declaring the City's intention to disestablish the Huntington Beach Auto Dealers Business Improvement District (BID) and fixing a time and place of a Public Hearing to December 4, 2017. The City Council is asked to conduct the public hearing, introduce Ordinance No. 4142 repealing Chapter 3.52 of the Huntington Beach Municipal Code (Ordinance 3175), and disestablish the Parking and Business Improvement Area known as the Huntington Beach Auto Dealers BID. Financial Impact: There is no fiscal impact with the adoption of the Ordinance. Recommended Action: A) Conduct the Public Hearing; and, B) Approve for introduction Ordinance No. 4142, "An Ordinance of the City of Huntington Beach repealing Chapter 3.52 of the Huntington Beach Municipal Code (Ordinance 3175) and Disestablishing the Parking and Business Improvement Area known as the "Huntington Beach Auto Dealers Business Improvement District;" and, C) Authorize the City Manager or designee to process any refund of remaining revenues derived from the levy of assessment collected and refund to the businesses of the Huntington Beach Auto Dealers Association ultimately closing Fund 701, Alternative Action(s): Do not adopt Ordinance and direct staff as necessary. Analysis: Item 4. - I HB -86- Dept. ID ED 17-27 Page 2 of 2 Meeting Date: 12/4/2017 The Auto Dealers Association contacted the City on October 2, 2017, requesting the City dissolve the BID. The Auto Dealers Association stated that the economic development tool for the dealers is no longer necessary and they can sufficiently sustain their business plan and marketing goals without the BID. On October 18, 2017, a vote was conducted by the Huntington Beach Auto Dealers Association BID to disestablish the BID. A majority vote of 7-0-3 voted to request to the City Council to disestablish the Auto Dealers BID. At the request of the Auto Dealers Association, the City Council adopted Resolution No. 2017-51 at the November 6, 2017, meeting declaring the City's intention to disestablish the Huntington Beach Auto Dealers BID. A public notice was published on November 23, 2017, advertising the intent to disestablish the BID and a public hearing set for this evening. A copy of Resolution No. 2017-51 was sent to all BID members of the City's intent to disestablish the BID. It is, therefore, recommend that the City Council disestablish the BID, hold the first reading and adopt an Ordinance disestablishing the BID and repealing Chapter 3.52 of the Huntington Beach Municipal Code (Ordinance 3175). Environmental Status: Not Applicable. Strategic Plan Goal: Non-Applicable —Administrative Item Attachment(s): 1. Ordinance No. 4142, "An Ordinance of the City of Huntington Beach Repealing Chapter 3.52 of the Huntington Beach Municipal Code (Ordinance 3175) and Disestablishing the Parking and Business Improvement Area Know as the "Huntington Beach Auto Dealers Business Improvement District." 2. Legislative Draft, HBMC Chapter 3.52 (to be repealed by Ordinance No. 4142) 3, Resolution No. 2017-51, "A Resolution of the City Council of the City of Huntington Beach Declaring the City's Intention to Disestablish the Huntington Beach Auto Dealers Association Business Improvement District." t-tB -87- Item 4. - 2 ATTACHMENT # 1 ORDINANCE NO. 4142 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING CHAPTER 3.52 OF THE HUNTINGTON BEACH MUNICIPAL CODE (ORDINANCE 3175)AND DISESTABLISHING THE PARKING AND BUSINESS IMPROVEMENT AREA KNOWN AS THE "HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT" The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 3.52 of the Huntington Beach Municipal Code is hereby repealed. SECTION 2. The parking and business improvement area known as the "Huntington Beach Auto Dealers Business Improvement District" (the "District") is her(:by disestablished pursuant to the Parking and Business Improvement Area Law of 1989, (Str-eats and Highway Code Section 36550.) The boundaries of the District and any benefit zones within the District generally located on Beach Boulevard and set forth with greater specificity in Ordinance 3175 are hereby disestablished. SECTION 3. Any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be refunded to the owners of the businesses located and operating within the District by applying the same method and basis that was used to calculate the assessments levied in the fiscal year when the District is disestablished. If the disestablishment occurs before an assessment is levied for the fiscal year,the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. SECTION 4. The City Clerk is hereby directed to provide notice of the disestablishment of the District by publishing said notice of disestablishment once in a newspaper of general circulation in the City, not later than 15 days after the Ordinance disestablishing the area is adopted. 17-6057/167100/niv _ ORDINANCE NO. 4142 SECTION 5. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the o' day of J rCp�PY1 Kex- , 2017. hiwi4 Mayor ATTEST: APPROVED AS 9 City Clerk ity Attorney ��V REVIE APPROVED: TIATED AND APPROVED: ity l Tanager Deputy Dir or of Economic Development. 17-6057/167100/mv 2 Ord. No. 4142 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, 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 ordinance was read to said City Council at a Regular meeting thereof held on December 4,2017, and was again read to said City Council at a Regular meeting thereof held on December 18,2017, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden, NOES: None ABSENT: None ABSTAIN: None I,Robin Estanislau,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on December 28,2017. o,� In accordance with the City Charter of said City. Robin Estanislau, City Clerk City Clerk and ex-officio Clerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California A-UALTACH MENT #2 LEGISLATIVE DRAFT HBMC Chapter 3.52 (To be repealed by Ordinance No. 4142) BIsTRIGT_ z �� n�n Infen+�.,d-W3�p6se OR August 1_7 1_902 be Gi+v of H in}inatnn Ronrh (the "City") adopted Rese!Htinn i�18�(u',� -r-ca-gc� � .�i�sr� (the "Resolution"a) deGlarinn its intention to establish a hricinoc�myJ�nvy emon}area (heroin referred to as the "rtistrict") nn � ` -benefi}assessment on all businesses�A�ithip jd i P+V�'-Cf TT�TT-Cf�Tils-TJ1T� Jti SPPTCT"TI"fT.:Li distr he-proceeds of Whieh shall he used for the pu hlin.�i rrnosec }herein decnrihnrl pursuant to the F2aFking and Business improvement� Area Law of 1989, Dar}6 (nnmmonc-iRg With SeGtiGR 36500) of Division !8 of the 0-alifernia Streets and Highways Coop (the "AGt"). On Septnm mar R 1992 the City held a duly neticed e7u-b4G-he arinn and in}rnedi�erl Ordinance 3175. The City GO nail has heard 14d censirdererd all oral and written protests nr other comments ran rrlip sh proposed actin and written } } from he inn es in the vvr-r�rrre-r-rrrry - --- - - '�'� " r'�$ecSrS-i�-or-r-r-ovSn-reSSe rrrrm�. proposed area paying a majority of the proposed aSSeSSMen}rhravee n-ret-beernrreecerveZ`}-rar=rQ �RGil rds based on all evidence presenter) that thaw esses Wthin the rlistri nt w;ll be benefited by the expenditure of the funds raised by the assessmerits proposed to be �ntrierd (31 7F 1(11Q2) 4 67 02n Definitions Businesses to be assessed are those Glassified by the City of Huntington BeaGh Business 13cuennse Code as Class X Retail es47tY), ai t9j R8W used parts, (3'175 10/92) 3v22c030-Esta-bi-rms-i-ern T t of Area A p@Fkmng and bus area to he kn GWR as the "I-1Untingtnn -B Ph A .B&alers Business Improvement District" (theis hereby established pursuant to the Parking anrd BUSiness lmprnwarn ant Area Law of 1089 Ctre�- iay Cede geCtfe yC -T.rrrrrprvvc-- -cr�cr��vv-vs--i�v..�Streets ans-�czrr;��-rn�nv�uy-'�vvc�c 36500, et sea The boundaries of the District and the-be-Refit zones within the District are generally loGated en BeaGh Boulevard, and set forth with gFeat6F GpeGifiGity in the follow�rvg mars arl d list Exhibits A and A 2 (3475 40/9-2) The City GOURcil may modify the boundaries or asser7.s enti�rrestablished by}his nhapter the-modofiGatdORS shall e-made-ptlr wont to the requirements of the Ant but no assessme� shall ll bbe Tm edifiedC' G,ontrac}to he pain from the revenueS-dei•i XP-d from the levy of assessments (3 1 7C._1(1/07\ 3.62.060 Collectfton of Benefit Assessment- The benefit assessment authorized by this chapter shall be billed .allments with all funds cnllenterd beiri gg remitted within 30 days of receipt to the H Rtipg}nn upon by said associatiOR and the City. This o accomplished by mailing assessment netiees monthly to all businesses as herein defined within the iDistrict by first class mail to be day due 30 days 1:reF}+ccrt!? nfeice. r The Inv of assessments will cnm��er}ve on the first day othe meRth following the issuan Ge-Gf-414e-.Gert;1:i Gate Of OGGUpaRGy by the City for installation � and full-Gper.}jea of the auto dealers directory reader board Sinn t4iR the District (`2175 1 n� [t 17-6057/1 69369/MV I Item 4. - 5 HB -90- gbs in Aoc ecsmen4As Any u+pesse 3._GOVnG_rred14y,}Nc nhnntnr shall also hG s bjeGt to GTlrGr ' e revenrr nhann®c u,� may a y b 1"ya-ln in the asssa spnnts er inthe LsoT to whinh th—eveLevahall be put, as cnonif }rin�hap o....�..._in adopted after a nt ,r if anprnerd in nnni rnot�a v v62.070 Busoness Glass Assessment FOF purpeses ef the a-ssessR;eRts to be imposed pursuant to this Ghapter, the City GouRG11 inrlr rr�I�Fa n9 geRefal-bennfrt to businesses and the degree of_hennfit reneiyed from pfonra the ni trint All businesses, as defined in SeGfiGR `2 >-+7 t17n Ionate4 w thip the l-1 rntinntnn $ea_-Auto ers Imnreyement RiStF{rt ate assessed anr-d Glass find as fnllowst - R�"rcYM��ea Tvrta ���ti�ynmna-s�i�c;�,o 'i �.rea�u, - ', Ai to Nlew I fcorl (a) DirorTa��of Sinn Trrrct /1nnGrrnt for C.fl RaAS e MGnth-S _ _ [ } Cinn 11/loinfonanra 8 - - (c) Administrafive Costs (Healer&) $- 0-4e - - (e) li i-.suriu-rrcc tV�W _ Collonen D ish rs ement Cots (GitylBcTe) All etherhirsinocsoc Total $ 4,—, i7�4 ���� _ Tetal after fin menthe a Rr siness nrarners smith multiple le dealerships t the same In at'on or adjacent Iooatinps A. t�Ydtt{�rc��crra,-i oi-rr�$ ca rn�c same e.,........,.. ... ,...,.�.....�... �___.._.._ having a Gommon method of access -nd egress shall pair one benefit assessment fee. B. th multiple dealers h ins at nnn_adjacent rm e 4 52 080 Benefits to Rersiness/RestriGt'en on Use The assessments levied on hr rsine a pursuant to this nhapter sha11 to the maximum ex-ttn,nRt feasible, be levied an the A-f the estimated benefit to the businesses withiR the ddstrirt and the revenues from the levy of as essme�sssshall net be used to provide jm r prove rnres� nr r nti 'ties nr t irde of the rdistrint or for any ether pr irpoce rnof rl spenife in said resolution of intention (`2175 10192) -v---rvr-s�� 3 52 AOA Penalty for Delinquent Pariment F=Gr failure to pair a benefit assessment wha-, due, c the City shall O rr— n.w rh n a'A a assissTrrenz amount nn fho la t calendar rlarr of earl-� ealteldat e th���.f, avirdina that the penalty amount te be added shall in no event e_nGeed 1(1 f the 17-6057/169369/MV 2 HB _91- Item 4. - 6 any bysipess rwrhichr at the time of making nnp4}G^ t � wr Gpr any licence or rune nl theFetnr is 'nrleh _the-Qtcr f-er -�rrte r eI nqi not benefit assessment (3175 1 A. A The Gity GeuRGil shall board which shall make- r H— rneaMM rt tines to the f'#v �' i ennif nn the ovnenrlit s r r ere of revenes r-�nri+te:1____,frnM aaeesn meets pursuant r ran#to this pa Ft, en the class+ifinatinn of ht r-s;nesses, and on the methed o levying the ascosermeRtS. R. Annual Report The advisory hoard shall prepare a �ene assessments re to he le+rierd The re rt shall hn filer!4th the City Clerk nnrl shall Gemply ;astir.�ar-r rcrrco--c�i��czv�c-r c�,-r...Q:-rr,c.-r+..�9 �7 with all the rent riremer+ts__ef Streets and d--wghw�§ Qede Centinn 2C.533. `^7 c vcvrrvrrvvvvv. G. Approval of Deport The City Coen+;! may apnteve the anrf u 1 repaFt filed by4h-e ,.Iifi��' beard eF �&r rlar item cnntainerd in the report anandapnreve it as taetted. The City Council hall not approve a change in the basis assessments +wrhich wa r rlr-d im _.pa'w-aae-xLec+rted contract to he paid from the re+rea r re-,--rv� e-Fi,� from assessments. (3175_10/9)1 After approval of the report filer) by4h-e-advisory the City GOURGil pursuant to SeGtieR' 3G53if of the nt shall adopt annually a res F board,tentien to le+r+r an assessment far that t�dv-r-v,-rrre�4c��i-t-art-aa-v-Frc-crm rcrarry-crrvvelUt{ef�ef�f�scn .�c.�vrrrc�rcTVT-cr,ui fiisGaa.-1 year. The City rot rpcil shall held o pr rblffG heapiRg p n pfrmiR9 the annual rennrt anrd Inct+r of assessments (3175 101-92) 3-62.12n c I ea it�fl A r�rrhdic hearing shall he held pursuant to the ren+rirementss_nef Parking 'I�m�fPn�r"n�'+�'iemen#Area Law of 1999.I 17�'� _ro_in, 10,921% � 6C-2� ,�13�11 Area Cst-.hli hment and Ili a tabli hment d�1-d rtsJrrm cr rr grra�r�cezuni�r i v c All prn+risienc of this chapter applicable to the estanhlrtr.snment n�estav� bkshmrrent of an e'a shall a��p.lry tn�ihe�ct hlishmnnt mnrtifico#inn nr rlisnsto hlishmnT t��f�e��efiit zones prrrs+ra Code,to SeGtien 36500, et seq. ef the GaffeMi@ Streets and Hoc jhways and subject to any amendments thereof, and the establishmeRt-o -the modifiGation of any eeofit zone shak improvement area anr-d the rdisestahlishA4epA n-vf a-rt'i,enefit z ne shall fnlle+wr the some Prrrer,eduFe as for rdisestahlishment of an area (317 ) 17-6057/169369/NN 3 Item 4. - 7 HB -92- ATTAC H M E NT #3 RESOLUTION NO, 2017-51. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE CITY'S INTENTION TO DISESTABLISH THE HUNTINGTON BEACH AUTO DEALERS ASSOCIATION BUSINESS IMPROVEMENT DISTRICT WHEREAS, the California Legislature, in adopting the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code §36500.) found that cities are authorized to levy assessments on businesses in order to promote economic revitalization and tourism, create jobs, attract new businesses and prevent erosion of business districts; and The City Council formed a business improvement district, the Huntington Beach Auto Dealers Association Business Improvement District (the "District"), by the passage of Ordinance 3175 on September 8, 1992; and Pursuant to a request from the Huntington Beach Auto Dealers Association, the City is proposing to disestablish the District pursuant to the process detailed in Streets and Highways Code §36550, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. The City Council proposes to disestablish the District at the request of the District, because the assessments are no longer required to finance the cost of the electronic readerboard. SECTION 2. Attached to this Resolution of Intent to disestablish the District is a proposal to dispose of any assets acquired with the revenues of the assessments levied within the parking and business improvement area. SECTION 3. A public hearing shall be held before the City Council on December 4, 2017, 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 the proposed disestablishment of the District. SECTION 4. The City Clerk is hereby directed to provide notice of the public hearing by publishing the Resolution of Intention in a newspaper of general circulation in the City once, for at least seven days before the public hearing; and to mail a complete copy of the Resolution of Intention by first-class mail to each business owner in the area within seven days of the City Council's adoption of the Resolution of Intention to disestablish the District. 17-6057/167112/mv I HB -93- Item 4. - 8 RESOLUTION NO. 2017-51 SECTION 5, Further information regarding the proposed disestablishment of the District may be obtained at the Huntington Beach City Hall, 2000 Main Street, Huntington Beach, California 92648a telephone (714) 536-5542. SECTION b. This Resolution shall take effect inu-nediately upon adoption. PASSED AND ADOPTED by the City Council of-the City of Huntington Beach at a regular meeting thereof held on the day of NoyY�Y�' , 2017. Mayor REVIEWED AND APPROVED: APPROVED AS T ORM: City anager City Attorney tee ITIATED AND APPROVED: Deputy Direc of Economic Development 17-6057/167112hm 2 Item 4. - 9 HB _94- Res. No. 2017-51 i STATE OF CALIFORNIA COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH } I, ROBIN ESTANISLAU 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 feast a majority of all the members of said City Council at an Regular meeting thereof held on November 6, 2017 by the following vote: AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California HB -95- Item 4. - 10 Switzer, Donna From: David Ward [daward@scng.com] Sent: Wednesday, December 20, 2017 11:57 AM To: Switzer, Donna Subject: Re: Public Notice- Disestablishment of the Auto Dealers BID You're the best!!!! I have your notice all set up and ready to go! Ad#11056598 Run Date 12/28 Cost $297 PROOF 1 CITY OF HUNTINGTON BEACRINANCE NO.41d2 PUBLIC NOTICE REGARDING AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALINGCHAPTER3.52OF THE HUNTINGTON BEACH MUNICIPAL CODE(ORDINANCE 3175)AND OISESTABLISHING THE PARKING AND BUSINESS IMPROVE- MENT AREA KNOWN AS THE •HUNTINGTI WV(b&q BUSTMESS NOTICE IS HEREBY GIVEN THAT the City Council has approved the first reading of Ordinance No.4142 revealing Chapter 3.42of the Huntington Beach Municipal Code (Ordinance 3175) and disestablishing the parking and buildingimprovement areas known ns `th untington Rauch A1�to Dealeru�i ss Impro e n nt Dis- rlc . he secoina rea mg of Ordinance i 0. i Was rep a i s meeS- ing held on December 18 2017 at 6:00 PM at the Huntington Beach Civic Center,2D00 Main Sfreet,Council Chambers,as required by the Parking and Business Improvement Area Law of 1989 as approved by the City Council in Ordinance No.a14 as reprinted below: ORDINANCE NO.a1i2 AN ORDINANCE OF THECITYOF HUNTINGTON BEACH REPEALING CHAPTERJ.520F THE HUNTINGTON BEACH MU- NICIPAL CODE (ORDINANCE 3175)AND DISESTABLISHING THE PARKING AND BUSINESS IMPROVEMENT AREA KNOWN'AS ,HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT, The City Council of the City of Huntington Beach does hereby or- do in as follows: SECTION 1. Chapter 3.52 of the Runtingtan Beach Municipal Code is hereby revealed. SECTION 2. The parking and business improvement area known as the*Huntington Beach Auto Dealers Business Im rovemeiit Dis- trict,(the•District°) is hereby disesfabfishedpursuantto the Parking and Business Improvement Area Law of 1999 (Streets and Highwo Code Section 36550.) The boundaries of the district and any benefit zones within the District generally located an Beach Boulevard and sdet f?rth pith greater specificity in Ordinance 3175 are hereby ise5 ablis ea SECTION 3. Any remaining revenues derived from the levy of assessments or any revenues derived from the sale of assets ac- quired with The revenues shall be refunded to the owners of the busi- nesses located and oDer@ing within the District by applyingthe some fI�1n�ethod and 6asi55 that e g used to cp Iculate the gssessmens levied in the fiscal year wn2n the fistrict is aisestablishetl. If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the as- sessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. of t e TIO ablishmhe{V C%k 1s hfVby tjir@cW to�rav"de ii tt'co fof the is ric y you fishing sal im ice is. establishment once in a newsva er of geiwral circulation in the City, not later than 15 days after the Ordinance disestablishing the area is adopted. SECTION 5. This ordinance shall become effective 3o days after its adoption. PASSED AND ADOPTED by the City Council of the City of Hun. tington Beach at a regular meeting thereof held on the 18th day of De- cember,2017. Oike Posey aYor ATTEST: APPROVED AS TO FORM: lsl Rabin Estallislou A/Michael E.Gates it Uerk City Attorney REVIEWED AND APPROVED: INITIATEDANDAPPROVED: NIP re A.1'11psan fsrMichael E.Gates d,Hager i on wy Published: The Huntington Beach Wave December 29,201 7 1106598 David Ward Legal Advertising Rep 2190 5. Towne Centre PI. 2