O1303
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Clty Cauncll Meeting 4-10-84 Santa Monlca, Callfornia
ORDINANCE NUMBER 1303(CC5)
(C1ty Councll Serles)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ESTABLISHING A
PARKING AND BUSINESS IMPROVEMENT AREA
IN THE MAIN STREET AREA AND TO PROVIDE FOR THE
LEVY OF AN ASSESSMENT THEREIN
WHEREAS, the Parking and BUSlness Improvement Area Law of
1979, Streets and Hlghways Code Sectlon 36500 et seq., authorizes
the C1ty of Santa Mon1ca to levy assessments on businesses with1n
a parking and bus1ness 1mprovement area WhlCh is 1n additlon to
any other assessments, fees, charges, or taxes and to use such
proceeds for the beneflt of bus1nesses with1n the parklng and
business improvement area for such purposes including the general
promot1on of bus1ness activlt1es ln the area; and
WHEREAS, buslnesses on Maln Street have requested that the
Clty Councll establlsh a parking and business lmprovement area;
and
WHEREAS, the Clty Councll deSlres to establlsh a parking
and buslness improvement area on Maln Street from P1CO Boulevard
on the north to the south Clty llmlts on the south and on Ocean
Park Boulevard, Hlll Street, Ashland Avenue, Klnney Street, Pler
Avenue, and Marine Street between Nellson Way on the west and
Second Street on the east; and
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WHEREAS, on February 28, 1984, the City Councll adopted
Resolutlon Number 6826 (CCS) declarlng ltS lntentlon to establish
such a parklng and bUSlness improvement area, WhlCh resolution
was entitled "A Resolution of the Clty Council of the City of
Santa Monlca Declarlng Its Intentlon to Establlsh a Parklng and
Business Improvement Area ln the Main Street Area, to Provide for
the Levy of an Assessment Thereln, and Settlng the Tlme and Place
of Hearlng to ConSlder the Establlshment of such Area"; and
WHEREAS, Resolutlon Number 6826 (CCS) was duly publlshed,
and coples thereof were duly malled, all as provlded for by the
Parklng and Buslness Improvement Area Law of 1979; and
WHEREAS, as specifled ln Resolution Number 6826 (CCS), a
hearlng concernlng the formatlon of the parking and bUSlness
improvement hearlng was held before the City Councll on March 27,
1984, at the hour of 7:30 p.m. in the Council Chambers ln the
Clty Hall of the Clty of Santa Monica; and
WHEREAS, at sald hearlng all wrltten and oral protests
made or flled were duly heard, eVldence for and against the
proposed actlon was received, a full, falr and completed hearing
was granted and held, and the Clty Councll lS fully advised In
the premises; and
WHEREAS,
at sald hearlng all protests,
both wrl tten and
oral, made or flled were duly overruled and denied and the Clty
Councll determlned that there was no ma]Orlty protest wlthln the
meanlng of Streets and Highways Code Sectlon 36523,
NOW. THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
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SECTION 1. Pursuant to the Parklng and BUSlness
Improvement Area Law of 1979, a parklng and buslness lmprovement
area has been and is hereby establlshed.
SECTION 2. The boundaries of the parklng and business
improvement area are descrlbed as follows~
BUSlnesses located on property borderlng on
elther slde of Maln Street from pica
Boulevard on the north to the south city
llmlts on the south and on either slde of
Ocean Park Boulevard, Hlll Street, Ashland
Avenue, Klnney Street, Pler Avenue, and
Marlne Street between Nellson Way on the west
and Second Street on the east.
SECTION 3. In addltion to any other assessments, fees,
charges, or taxes, an addltlonal assessment is hereby levled ln
the parklng and buslness improvement area as follows:
A. For any person holding a retail sales tax permit,
one-tenth of one percent of total taxable sales payable on May 15
of each year and based upon the total taxable sales durlng the
twelve month perlod of January 1 through December 31 preceding
the May 15 payment date. The maXlmum assessment under this
subdlV1Slon shall not exceed $1,000.00 ln any year.
B. The penalty for non-payment of the assessment on
the due date shall be 10% of the amount of the assessment plus an
addltlonal 5% of the amount of the assessment for each month or
portlon thereof that the assessment is unpaid after the due date.
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C. The assessment shall not apply to any person
operat~ng a bus~ness from h~s or her principal place of residence
with~n the park~ng and bus~ness improvement area and for wh~ch a
home occupat~on perm~t has been issued in accordance w~th the
provis~ons for Article IX of the Santa Monica Municipal Code.
SECTION 4. The use to wh~ch the proceeds of the
assessment, less 5% retained by the C~ty for the cost of
collect~on and adm~n~stration, shall be put ~s the general
promot~on of bus~ness actlvit1es in the area to be provlded by
contract between the City and an organ1zat~on that is approved by
the City. The proceeds of the assessment may be used only as
prov1ded ~n th~s Sect~on.
SECTION 5. In the op~nion of the C~ty Council, the
bus~nesses lying w~thin the park~ng and bus~ness lmprovement area
w~ll be benef~ted by the expend1ture of the funds ra~sed by the
assessments levled by th1s ordinance.
SECTION 6. The bus~nesses in the parking and bUSlness
improvement area establ~shed by thlS ordlnance shall be subJect
to any amendments of the Parklng and Bus1ness Improvement Area
Law of 1979.
SECTION 7. If any sectlon, subsect1on, sentence, clause,
or phrase of th1S ordlnance ~s for any reason held to be ~nvalid
or unconstltut~onal by a dec1s1on of any court of any competent
Jur~sdict~on, such decls~on shall not affect the val~dity of the
rema~n~ng port~ons of the ord~nance. The C~ty Council hereby
declares that it would have passed thlS ord~nance and each and
every
sectlon,
subsectl.on,
sentence, clause or phrase not
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declared ~nval~d or unconstitutional without regard to whether
any port~on of the ord1nance would be subsequently declared
inval~d or unconst~tut~onal.
SECTION 8. The Mayor shall sign and the City Clerk shall
attest to the passage of th1S ordlnance. The City Clerk shall
cause the same to be published once 1n the off~c1al newspaper
with~n 15 days after lts adopt~on.
The ordinance shall become
effective after 30 days from its adopt~on.
APPROVED AS TO FORM~
tt~ '-. 'rt~ -
Robert M. Myers
C~ty Attorney
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ADOPTED AND APPROVED THIS
10th
DAY
OF
Aprl1
, 1984.
"
Ci2
MAYOR
j
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO. 1303 (CCS), WAS DULY AND REGULARLY INTRODUCED AT A
ME E TIN G 0 F THE C I T Y CO U N C r LON THE Z 7 t h DAY 0 F Ma r c h
1984; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 10th DAY OF Aprl1
1984 BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Conn, Epsteln, Jennings, Press,
Reed, Zane and Mayor Edwards
NOES:
COUNCILMEMBERS: ;.Jane
ABSENT:
COUNCILMEMBERS: Kone
ABSTAIN:
COUNCILMEMBERS: None
ATTEST:
/) Y7~ j II
fh-r, I/L>:::1-IU/u:,
CLTY CLERK