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HomeMy WebLinkAboutFY 2008-2009 BID Renewal - Huntington Beach Auto Dealers Bus Council/Agency Meeting Held Deferred/Continued to App ove ❑ on itio Ily Approved ❑ Denied City er s SI nature CO�muN��nosJ ouncil Meeting Date 8/18/2008 Department ID umber ED 08-29 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMB S SUBMITTED BY PAUL EMERY INTERIM CITY ADMINISTRATOR PREPARED BY STANLEY SMALEWITZ DIRECTOR OF ECON MIC DEVELOPMENT , SUBJECT Adopt Resolution of Intention to Levy an Annual Assessment for Fiscal Year 2008/09 within the Huntington Beach Auto Dealers Business Improvement District and Schedule Public Hearing for September 15 2008 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 allowed under the law 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 are included in the 2008/09 Huntington Beach Auto Dealers Business Improvement District Budget (Fund 701) Recommended Action Motion to 1 Adopt City Council Resolution No 2008-49 , 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 2008/09 2 Direct the City Clerk to schedule a public hearing to be held on September 15 2008 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 Return the 2008/09 Annual Report of the Huntington Beach Auto Dealers Business Improvement District for additional information 2 Deny the request to approve the Resolution of Intention REQUEST FOR CITY COUNCIL ACTION MEETING DATE 8/18/2008 DEPARTMENT ID NUMBER ED 08-29 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 2008/09 As approved by the Auto Dealers Board at their August 13, 2008 meeting the monthly assessments will include $725 for promotional activities including the reader board sign maintenance and operating costs and a $630 loan payment for a total monthly assessment of $1 355 per dealer The loan is amortized over a seven year period at 6% per year The last payment will be due in April 2010 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 15 2008 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 L-4 Create an environment that promotes tourism to increase revenues to support community services and transform the city s economy into a destination economy Environmental Status Not applicable Attachments) City Clerk's Page Number • . 1 Resolution No 2008-49 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 2008/09 2 8/4/2008 4 56 PM ATTACHMENT # 1 RESOLUTION NO 2008-49 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 2008-2009 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 2008-2009 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 2007-2008, ("Annual Report") which sets forth the amount and basis of levying the assessment for Fiscal Year 2008-2009 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 2008-2009 and a description of the improvements and activities to be provided for Fiscal Year 2008 2009 SECTION 2 The City Council hereby declares its intent to levy and collect assessments within the District for Fiscal Year 2008-2009 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 15, 2008 at 6 00 p in , 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 i 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 08 1696/24296 1 Auto 4 1 Resolution No 2008-49 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 18th day of August 2008 Mayor REVIEWS N AP ROVED INITIATED AND AP OVED City Administrator Director of Economi evelopment APPROVED AS TO FORM 1 �� &4" rty Attorney MNJ i N o$ 08 1696/24296 2 Auto#1 Resolution No 2008-49 Exhibit A Huntington Beach Auto Dealers Business Improvement District Annual Report/Budget 2008/09 Business Improvement District Renewal This report contains the following 1 Assessment Map 2 Member List 3 2007/08 Budget Report 4 Proposed 2008/09 Budget Resolution No 2008-49 Exhibit "A" Huntington Beach Boulevard of Cars Readerboard �. Site OS Bella Terra Edinger Heil Dodge 1 Chrysler-Jeep & Hummer 2 4 Mazda Mitsubishi 3 Warner Nissan 5 dater Talbert Chevrolet 6 Ford 7 Ellis Volkswagen 8 Saturn 9 Toyota 10 Garfield Honda 11 CO rn a� n G Not to scale Resolution No 2008-49 Exhibit "A" HUNTINGTON BEACH AUTO DEALER ASSOCIATION LIST OF MEMBER H B CHRYSLER-JEEP SATURN OF HUNTINGTON BEACH RICK EVANS-ROSS HELMAN TERRY BOOKER 16701 BEACH BLVD 18801 BEACH BLVD PHONE 841-3999 FAX 842-2903-841 9993 PHONE 841-9828 FAX 842 8499 H B MAZDA H B FORD CHAD CUSTERMOHN PATTERSON OSCAR BAKHTIARI/OMAR 16800 BEACH BLVD 18255 BEACH BLVD PHONE 848-7739 FAX 847-1265 PHONE 842-6611 FAX 847 8788 TOYOTA OF HB SURF CITY NISSAN BOB MILLER/DENNIS PRADO STEVE NICHOLSON/ MARIO DIAZ 18881 BEACH BLVD 17331 BEACH BLVD PHONE 847-8555 FAX 847-1105 842-6666 F 375 0076/847-0759 DELILLO CHEVROLET HUNTINGTON BEACH DODGE DAVE DELILLO/BILL DEMAREST CLAY JAMEWLARRY SMITH 18211 BEACH BLVD 16555 BEACH BLVD PHONE 847 6087 FAX 847-6721 PHONE 847 5515 FAX 596 0230 NORM REEVES HONDA H B MITSUBISHI DAN KLAWITTER/JOHN DALPE ABBAS AHMADI/CHUCK BIEN 19131 BEACH BLVD 16751 BEACH BLVD PHONE 842 5431 FAX 375-9783 375-9493 F/842 1563 (NOT MEMBER) MC KENNA MOTORS ***** BILL NELSON A/DLR DIRECTOR MARIN DELGADO/DANNY MC KENNA 714 536 8614 18711 BEACH BLVD surfhb@socal rr com 714-842-2000 FAX 714-843 8369 Resolution No 2008-49 EXHIBIT A HUNTINGTON BEACH AUTO DEALERS ASSOCIATION BUSINESS IMPROVEMENT DISTRICT BUDGET/REPORT October 1, 2008 to September 30, 2009 REVENUE Budget 2007/08 Previous Year Carry Over $ 62 978 Business Improvement Assessment $ 177,903 Total Revenues $ 240 881 EXPENSES Promotional Budgeted Exp thru July Exp Aug/Sept Total Difference Activities and Events $ 56 000 $ 28 199 00 $ 25 000 00 $ 53 199 00 $2 801 00 Management Services $ 26 000 $ 11 167 95 $ 2 600 00 $ 13 767 95 $12 232 05 Misc/Dues and Fees $ 1 000 $ 142 $ 142 $998 58 Office rent/Maintenance $ 14 477 $ 10 236 64 $ 2 245 28 $ 1248192 $1 99508 Office Supplies $ 600 $ 1,92974 $ 10000 $ 2,02974 $1,429 74 Subtotal Promotional $ 98 077 $ 51 53475 $ 29 945 28 $ 81 480 03 $16 596 97 Reader Board Sign Maintenance Electricity $ 14 000 $ 11 625 95 $ 3 425 64 $ 15 051 59 $1 051 59 Insurance $ 7 300 $ 1 827 00 $ 8 790 00 $ 10 617 00 $3 317 00 Loan payment $ 83 093 $ 69 441 66 $ 13 833 34 $ 83 275 00 $182 00 Maintenance $ 11 400 $ 9 500 00 $ 1 90000 $ 11 40000 Phone(data transmission) $ 850 $ 1 08577 $ 20000 $ 1 28577 $435 77 Programming for sign $ 5,760 $ 4,80000 $ 96000 $ 5,76000 Subtotal Readerboard Sign $ 122 403 $ 98 280 38 $ 29 108 98 $ 127 389 36 $4 986 36 Total Expenses $ 220 480 $ 149 815 $ 59 054 $ 208 869 $11 61061 Resolution No 2008-49 EXHIBIT A Huntington Beach Auto Dealer Business Improvement District Proposed Budget October 1 , 2008 to September 30, 2009 REVENUE"' Previous Year Carry Over (estimated) $ 44 000 Business Improvement Assessment $ 177 903 Total Revenues $ 221 903 EXPENSES Promotional Activities and events(2) $ 51 966 Management Services $ 27 000 Misc/Dues and Fees $ 500 Office rent/Maintenance $ 14 477 Office Supplies $ 1 000 Subtotal Promotional $ 94 943 Reader Board Sign Maintenance Electricity $ 15 000 Insurance $ 10 600 Loan payment $ 83 000 Maintenance $ 11 400 Phone (data transmission) $ 1 200 Programming for sign $ 5 760 Subtotal Readerboard Sign $ 126 960 Total Expenses $ 221 903 NOTES (1) Dealer assessments are based on $630 per month for each of the eleven dealer members The operating assessment income is $725 per month per dealer Net is $725 less 1% administrative charge for a total of $1,355 per dealer Surplus Revenue represents excess aggregate loan assessment maintained by city finance dept (2) HB Athletic Programs ($3,500), School Scholastic Programs($4,000),School Grad Nights ($2,500),Image advertising to buy at home ($12,000), Plus Misc promotional activities and events ($29,996) Resolution No 2008-49 EXHIBIT B HUNTINGTON BEACH AUTO DEALER ASSOCIATION LIST OF MEMBER H B CHRYSLER-JEEP SATURN OF HUNTINGTON BEACH RICK EVANS ROSS HELMAN TERRY BOOKER 16701 BEACH BLVD 18801 BEACH BLVD PHONE 841-3999 FAX 842-2903-841 9993 PHONE 841 9828 FAX 842-8499 H B MAZDA H B FORD CHAD CUSTER/JOHN PATTERSON OSCAR BAKHTIARI/OMAR 16800 BEACH BLVD 18255 BEACH BLVD PHONE 848 7739 FAX 847-1265 PHONE 842-6611 FAX 847-8788 TOYOTA OF HB SURF CITY NISSAN BOB MILLER/DENNIS PRADO STEVE NICHOLSON/ MARIO DIAZ 18881 BEACH BLVD 17331 BEACH BLVD PHONE 847 8555 FAX 847-1105 842-6666 F 375-0076/847-0759 DELILLO CHEVROLET HUNTINGTON BEACH DODGE DAVE DELILLO/BILL DEMAREST CLAY JAMES/LARRY SMITH 18211 BEACH BLVD 16555 BEACH BLVD PHONE 847 6087 FAX 847 6721 PHONE 847 5515 FAX 596 0230 NORM REEVES HONDA H B MITSUBISHI DAN KLAWITTERIJOHN DALPE ABBAS AHMADI/CHUCK BIEN 19131 BEACH BLVD 16751 BEACH BLVD PHONE 842-5431 FAX 375-9783 375-9493 F/842-1563 (NOT MEMBER) MC KENNA MOTORS ***** BILL NELSON A/DLR DIRECTOR MARIN DELGADOIDANNY MC KENNA 714-536 8614 18711 BEACH BLVD surfhb@socal rr com 714 842 2000 FAX 714-843 8369 Res No 2008-49 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 18, 2008 by the following vote AYES Hansen Hardy Bohr Cook Coerper Green Carchio NOES None ABSENT None ABSTAIN None Q64 City Jerk and ex-offiao Cgrk 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 2008/09 COUNCIL MEETING DATE I August 18 2008 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not A plicable ❑ Tract Map Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed m full by the City Attorney) Not Applicable Subleases Third Party Agreements etc Attached ❑ (Approved as to form by City Attome 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 RETURNED FORVPARDED Administrative Staff ( ) Deputy City Administrator Initial City Administrator (initial) R,-," City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author Powell CITY OF HUNTINGTON BEACH INTER-DEPARTMENTAL COMMUNICATION J - ECONOMIC DEVELOPMENT DEPARTMENT DATE AUGUST 18 2008 SUBMITTED TO HONORABLE MAYOR AND MEMBERS OF THE CIT U IL SUBMITTED BY PAUL EMERY INTERIM CHIEF ADMINISTRATO PREPARED BY STANLEY SMALEWITZ DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT LATE COMMUNICATION ADD RECOMMENDED ACTION TO CONSENT CALENDAR ITEM NO 17 (RESOLUTION OF INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR 2008- 2009 WITHIN THE HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT) Please be advised that the above-entitled Request for Council Action should also contain the following recommended action Approve the Huntington Beach Auto Dealers Business Improvement District Annual Report for Fiscal Year 2008-2009 This action is also included in the adoption of the Resolution of Intent, but for the sake of clarity it is also being provided as a Recommended Action In addition the above-entitled Request for Council Action should also contain the following alternative action "Return the 2008-2009 Annual Report of the Huntington Beach Auto Dealers Business Improvement District for additional information AV3AV 09-008 6 uoipmIsui p ;uawa6je43 ap suas ,0965 oAH3AV puege6 al zaswin wog bane mmm spinal el zailnsuo:) V jalad a sapel sauanbiq Pam Dungan Martine Demarest Bill Nelson Director Auto Dealers Association Auto Dealers Association Auto Dealers Association 7755 Center#1100 7755 Center#1100 7755 Center#1100 Huntington Beach CA 92647 Huntington Beach CA 92647 Huntington Beach CA 92647 Dave DeLillo /Bill Demarest Rick Evans /Ross Helman Auto Dealers Association DeLillo Chevrolet Huntington Beach Chrysler/Jeep/ 7755 Center#1100 18211 Beach Blvd Hummer Huntington Beach, CA 92647 Huntington Beach, CA 92648 16701 Beach Blvd Huntington Beach CA 92647-4814 Clay James/ Larry Smith Oscar Bathtiari/ Omar Chad Custer/John Patterson Huntington Beach Dodge Huntington Beach Ford Huntington Beach Mazda 16555 Beach Blvd 18255 Beach Blvd 16800 Beach Blvd Huntington Beach CA 92647 Huntington Beach CA 92648 Huntington Beach, CA 92647 Abbas Ahmadi / Chuck Bien Marin Delgado /Danny McKenna Dan Klawitter/John Dalpe Huntington Beach Mitsubishi McKenna Motors Huntington Beach Norm Reeves Honda 16751 Beach Blvd 18711 Beach Blvd 19131 Beach Blvd Huntington Beach CA 92647 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Julie Norton, Accounts Payable Terri Booker, President Steve Nicholson/ Mario Diaz Saturn of Huntington Beach Saturn of Huntington Beach Surf City Nissan P O Box 15205 P O Box 15205 17331 Beach Blvd Santa Ana, CA 92735-0205 Santa Ana CA 92735-0205 Huntington Beach CA 92647 Bob Miller/ Dennis Prado Toyota of Huntington Beach 18881 Beach Blvd Huntington Beach CA 92648 At 17e) T wi096S T ain;ea3 laad Ase3 Jo; wade�aadTW .,L096S 31VId 31 @ n @A?J�b� i 1004s uaiPnaisul ass ® 1a qel iaa d else 3 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 2008 2009 renewal of the Auto Dealers Business Improvement District at its meeting scheduled on September 15 2008 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 2008 49 as re printed below RESOLUTION NO 2008 49 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 2008 2009 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 2008 2009 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 2008 ( Annual Report )which sets forth the amount and basis of levying the assessment for Fiscal Year 2008 2009 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 2008 2009 and a description of the improvements and activities to be provided for Fiscal Year 2008 2009 SECTION 2 The City Council hereby declares its intent to levy and collect assessments within the District for Fiscal Year 2008 2009 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 15 2008 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 18th day of August 2008 The estimated cost of providing the improvements and activities for Fiscal Year 2008 2009 is$208 869 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/Government/Agendas/sep 1508 cfm 08 1159/13393 2