HomeMy WebLinkAboutCC RESO 2001 - 157RESOLUTION NO. 2001 - 157
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
DECLARING THE CITY'S INTENT
TO ESTABLISH THE MILE OF CARS
BUSINESS IMPROVEMENT DISTRICT
BE IT RESOLVED by the Council of the City of National City as follows:
1. The City Council hereby declares its intention to establish the Mile of Cars
Business Improvement District pursuant to the Section 36500, et seq. of the California Streets
and Highways Code, and to adopt an enabling ordinance.
2. Pursuant to California Government Code Section 54954.6, notice is hereby
given that November 6, 2001, at 3:00 p.m., in the City Council Chambers of the City of
National City, 1243 National City Blvd., National City, California, is fixed as the time and
place when the City Council shall conduct a public meeting where any and all persons having
any desire to be heard may appear and state their views for or against the formation of the
aforementioned parking and business improvement area, the fees to be assessed, the extent of
the area, or the proposed services and programs on the attached Exhibit "A" proposed by the
Mile of Cars Association.
3. Pursuant to California Government Code Section 54954.6, notice is further
given that November 6, 2001 at the hour of 6:00 p.m. in the City Council Chambers of
National City, 1243 National City Boulevard, National City, California, is fixed as the time
and place when the City Council shall conduct a public hearing where any and all persons
having any desire to be heard may appear and state their views for or against the formation of
the aforementioned parking and business improvement area, the extent of the area, the fees
proposed to be assessed, or the proposed services and programs on the attached Exhibit "A"
proposed by the Mile of Cars Association.
4. Except where funds are otherwise available, an assessment will be levied
annually to pay for all improvements and activities in the parking and business improvement
area, the methodology of which is detailed in Exhibit "A", attached.
5. The City Clerk is directed to give notice of the aforementioned hearing by both
publication and mailing pursuant to both Sections 36523 and 36523.5 of the California Streets
and Highways Code and Government Code Section 54954.6.
-- Signature Page to Follow —
Resolution No. 2001— 157
October 16, 2001
Page Two
PASSED and ADOPTED this 161' day of October, 2001.
George H. Waters, Mayor
ATTEST:
Mic u r -1 Dalla, C. ', Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attomey
EXHIBIT A
(APPROVED JULY 19, 2001 BY THE MILE OF CARS BOARD OF DIRECTORS)
PROPOSED MILE OF CARS BID CALENDAR YEAR 2002 BUDGET:
ESTABLISHMENT DATE:
At the completion of the public hearing process conducted by the City of National City, and
following the second reading of the ordinance, the Business Improvement District is anticipated
to be established as of January 1, 2002. The first billings be sent out in early December 2001
and be due by January 15, 2002.
BOUNDARIES:
The boundaries of the proposed National City Mile of Cars BID shall be as follows:
In general, any new car dealer who operates a business with a valid business license between:
McKinley Avenue on the west;
Highland Avenue on the east;
West 18th Avenue on the north, (excluding National City Boulevard);
35th Street on the south;
All of National City Boulevard within the City limits;
Specifically, the following address series shall be included in the boundaries of the proposed
BID:
Street Address Series
National City Boulevard All within the City boundaries
(1 - 3500)
McKinley Avenue 1800 - 3400
Wilson Avenue 1800 - 2400
Roosevelt 1800 - 2200
Harding Avenue 1800 - 3000
Hoover Avenue 1800 - 3300
Transportation Avenue 2400 - 3000
Southport Way 2400 - 2900
A Avenue 1800 - 3000
B Avenue 1800 - 3000
C Avenue 1800 - 3000
D Avenue 1800 - 3000
E Avenue 1800 - 3000
F Avenue 1800 - 3000
G Avenue 1800 - 3000
Highland Avenue 1800 - 3499
W 35t 001 - 500
W 33rd Street 001 - 500
E 30th Street 001 - 500
W 30t 001 - 500
EXHIBIT "A" Page 1
E 28th Street
W 28th Street
E 27th Street
E 26th Street
W 26th Street
E 25th Street
W 25th Street
E 24th Street
W 24th Street
W 22nd Street
E 20th Street
E 18`h Street
W 18th Street
001 - 500
001 - 500
001 - 500
001 - 500
001 - 500
001 - 500
001 - 500
001 - 500
001 - 500
001 - 500
001 - 500
001 - 500
001 - 500
ASSESSMENT METHODOLOGY:
The assessment methodology, as approved and recommended by the Mile of Cars Association
Board of Directors on June 12th, 2001, is based upon a minimum annual first year revenue flow
in calendar year 2002 of $1,100,000.00 dollars (one million one hundred thousand dollars).
The methodology will be based upon the reporting of quarterly gross sales tax receipts to the
State of California, which will be obtained by the City of National City and disclosed to the
City's fiscal agent.
Based upon the submission of the September 2001, (third quarter) quarterly tax receipts report
by each dealer to the fiscal agent, the fiscal agent will issue a monthly bill, commencing
December 2001, for the projected monthly BID assessment to each and every new car dealer.
The monthly bills will be due 30 days from the day of receipt from the new car dealers, with
the first assessments due January 15, 2002. The fiscal agent shall bill each and every new car
dealer by applying the BID assessment factor to the average monthly gross sales taxes, for the
third quarter, 2001.
The initial factor to be used to generate the $1,100,000.00 in annual BID revenues shall be a
factor of .0027253. This factor, when applied to the annual sales tax receipts for every new
car dealer, ($403,630,839.00, calendar year 2000) will generate the desired sum of BID
revenues to fund the marketing and promotional activities of the benefiting businesses.
The fiscal agent shall be authorized, as a contractual agent of the City, to bill each and every
new car dealer within the proposed BID boundaries on a monthly basis. Any business that
fails to remit their BID fees to the fiscal agent, within 30 days of the due date, shall be
reported to the Community Development Commission of the City for collection purposes. The
City shall begin collection procedures, using its best efforts, including penalties and interest,
for any and all outstanding monthly BID bills. To refuse to pay into the district shall be
considered as a violation of a City ordinance. Once collected, the fiscal agent shall transfer the
BID assessments to the general checking account or other designated accounts of the BID
Management Corporation. The fiscal agent shall maintain an ongoing business relationship
with the City, as well as the BID Management Corporation, to ensure the smooth flow of
revenue in both the collection process as well as disbursement process.
EXHIBIT "A" Page 2
At the end of each quarter, commencing the first quarter of 2002 the fiscal agent shall
reconcile the amount of BID assessments paid, (January, February and March 2002), as
determined from the anticipated and billed BID assessments, with the actual reported sales tax
receipts. The fiscal agent shall apply the BID assessment factor to the gross sales tax receipts
reported by each new car dealer based upon their reported quarterly tax reports to the State of
California. The actual quarterly numbers, commencing the first quarter of 2002, will be
provided by the Community Development Conunission of the City of National City, as
provided by the State of California. Any differences in the amount of BID monthly
assessments previously paid by each new car dealer, and the amount actually owed, whether
debit or credit, shall be reconciled by the fiscal agent in the billing immediately following the
presentation of actual gross sales tax receipt reports. The lead agency for the City shall be the
Community Development Commission of National City.
ANNUAL INCREASE:
The Mile of Cars Association Board of Directors, or its successor, has authorized that a
Consumer Price Index annual escalator be included in the BID assessment methodology. An
amount not to exceed five per cent per year, based upon the assessment methodology factor;
may be instituted by direction of the Board of Directors of the Management Corporation. Any
recommended increases shall be made in writing by November 1' of each year to the
Community Development Commission of National City.
FIRST YEAR BUDGET:
The first year budget, (based upon applying proposed assessment methodology to the calendar
year 2000 gross sales receipts reported for all new car dealers, is expected to total
approximately $1,100,000.00. Any variance in this amount, anticipated to be collected in
calendar year 2002, would be based upon fluctuation in gross sales tax receipts generated from
new car dealers in calendar year 2001 and 2002.
The budget anticipated to fund special benefits for the 2002 calendar years shall be expended
as follows, subject to ongoing review of the BID Management Corporation Board of Directors:
INCOME:
Assessments $ 1,100,000.00
Interest income $ 1,000.00
Total receipts $ 1,101,000.00
EXPENSE:
Advertising $ 891,250.00
Bank Charges $ 150.00
Depreciation $ 800.00
Dues and subscriptions $ 150.00
Insurance $ 2,600.00
EXHIBIT "A" Page 3
Legal and professional
Entertainment (Christmas party)
Miscellaneous
Office expense
Outside service - Bob Shumake
Outside services - New City America
Professional - Silberman and Sloan LLP
Professional - legal
Repairs and maintenance - signs
Sign purchases
Taxes and licenses
Utilities
Reserve
Total Expenditures
$ 14,000.00
$ 1,200.00
$ 1,000.00
$ 500.00
$ 36,000.00
$ 25,000.00
$ 13,850.00
$ 5,000.00
$ 12,000.00
$ 41,600.00
$ 900.00
$ 45,000.00
$ 10,000.00
$ 1,101, 000. 00
MANAGEMENT CORPORATION:
A newly created management corporation, consisting of each and every new car dealer paying
into the district, shall administer the BID. Provisions for weighted voting and election of the
Board of Directors shall be determined by the adoption of a new set of bylaws approved by the
existing Mile of Cars Association Board of Directors. The bylaws for the new BID
Management Corporation shall be considered once the Mile of Cars BID has been approved by
the National City City Council.
LANDSCAPE MAINTENANCE DISTRICT:
The City has requested that the BID Management Corporation begin to administer the property
owner funded Landscaping and Lighting District approved in 1996. This district generates
approximately $100,000 in revenue per year and these funds can only be used to maintain
those improvements and activities as listed in the state legislation —namely lighting and
landscaping services. The BID Management Corporation may also use a portion of those funds
to offset its administrative costs related to the overall management of both the BID and the
maintenance district. The BID Management Corporation shall take over administration of the
Lighting and Landscaping District as of January 1, 2002.
COLLECTION SCHEDULE:
The fiscal agent shall initiate billing for calendar year 2002 in early December 2001. Billings
shall be based upon actual sales tax revenues reported, multiplied by the assessment
methodology factor, from the September 2001 quarterly reporting sales tax reporting
documents. Payments will be due and payable by January 15, 2002.
EXHIBIT "A" Page 4