R-7488
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CA:RMM:LAM:moxr28/hpca
City council Meeting 8-11-87
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Santa Monica, California
RESOLUTION NUMBER 7488 (CCS)
(city Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE FEE LEVIED
FOR THE OPERATION, MAINTENANCE AND REPAIR
OF PUBLIC IMPROVEMENTS IN THE THIRD STREET
MALL AND DOWNTOWN ASSESSMENT DISTRICT
WHEREAS, on August 26, 1986, the City Council of the City
of Santa Monica adopted Ordinance Number 1382 (CCS) (the
"Ordinance") pertaining to the levy of an annual fee (the "Fee")
for the operation, maintenance and repair of public improvements
in the Third street Mall and Downtown Assessment District (the
"District"), such Fee to be payable by all persons doing business
from locations within the District; and
WHEREAS, Section 1 (c) of the Ordinance provides that the
City Council from time to time by Resolution may adjust the
amount of the Fee on all or classes of businesses within the
District to the extent necessary to assure that revenues from the
Fee do not exceed the cost of operation, maintenance and repair
of the public improvements in the District and to assure that the
Fee reasonably relates to the benefits of such public
improvements in the District; and
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WHEREAS, the City Council of the city of Santa Monica
desires to adjust the amount of the Fee by revising the formula
for calculation of such Fee:
WHEREAS, the revision of the formula for calculation of the
Fee is necessary to assure that the Fee reasonably relates to the
benefits of such public improvements in the District; and
WHEREAS, the city Council intends that parking meters be
installed in each of the six (6) public parking structures
located in the District during Fiscal Year 1987-1988;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The formula for the calculation of the annual
Fee for operation, maintenance and repair of public improvements
in the District, levied pursuant to the Ordinance, is hereby
amended as follows:
(a) Effective in Fiscal Year 1987-1988, the Fee to be
paid by all persons doing business from locations within the
District shall be equal to three and one-half (3 1/2) times the
annual Business License Tax established pursuant to Article VI of
the Santa Monica Municipal Code on businesses within the
District. Commencing in Fiscal Year 1988-1989 and thereafter,
the Fee to be paid by all persons doing business from locations
within the District shall be equal to three (3) times such annual
Business License Tax.
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(b) In no event shall the amount of the Fee exceed the
lesser of:
(1) a) three and one-half times the annual Business
License Tax during Fiscal Year 1987-1988 or b) three times the
annual Business License Tax during Fiscal Year 1988-1989 and
thereafter; or (2) $15,000.00; or (3) subject to request and
city's approval, $.10 per square foot per month.
Both the
$15,000.00 limitation and the $.10 per square foot per month
limitation shall be adjusted annually by increases in the
Consumer Price Index for All Urban Consumers for the Los Angeles
Long Beach
Anaheim Metropolitan Area.
The first such
adjustment shall be made July 1, 1988, and annual adjustments
shall be made each July 1st thereafter, based upon the increase
in the Consumer Price Index during the preceding calendar year.
The square foot maximum cap shall only be effective if a
business obtains the prior written approval of City after making
a written request to city. Such written request shall be made to
the city.s community and Economic Development Department and
shall include adequate documentation supporting the applicant
business I s qualification for such square foot maximum cap. If
such applicant business is able to demonstrate to the
satisfaction of the city's Community and Economic Development
Department that it qualifies for such square foot limitation, a
wri tten City approval permi tting such square foot maximum cap
will be issued.
SECTION 2 .
A business may be entitled to apply for a
credit against the annual Fee, if such business provides an
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on-site parking facility which satisfies all of the following
criteria:
(a) Such parking is located within a 300 foot radius of
the applicant business.
(b) Such parking is provided free to the general public.
(c) Such parking is available on a non-preferential,
non-reserved basis to all users.
Cd) The applicant business controls the use of the
entire parking facility.
In order to qualify for the percentage credit, an applicant
business must obtain the prior written approval of the City,
after submitting a written request to city. such written request
shall be made to the city's Community and Economic Development
Department, and shall include adequate documentation supporting
the
applicant
business's
satisfaction
of
all
of
the
above-referenced criteria. If such applicant business is able to
demonstrate to the satisfaction of the City's Community and
Economic Development Department that it is eligible for the
percentage credit, a written city consent will be issued
permitting a percentage credit for such qualifying business.
The amount of percentage credit shall be calculated by the
Ci ty 's Communi ty and Economic Development Department, and such
determination shall be final and conclusive.
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Such credit would be calculated by dividing the total
amount of applicant-provided parking which meets the above
criteria by the total amount of parking which is required
pursuant to the City's zoning code.
For example, if the
applicant business provided twenty-five (25) on-site parking
spaces which fulfill the above criteria, and if the amount of
parking for such applicant business pursuant to the City's zoning
code is forty-two ( 4 2 spaces), then the total credit available
would be calculated by dividing 25 spaces (applicant provided) by
42 spaces (zoning code requirements): 25 divided by 42 - 59.5%
credit.
Accordingly, assuming the above sample applicant
business' Fee was $5,000.00, a credit equal to $2,975.00 (59.5%
of the Fee) would be subtracted from such Fee: $5,000 - $2,975 =
$2,025, the Fee due after such credit adjustment.
SECTION 3. The adjusted Fee shall be collected in the same
manner and subject to the same penalties as the Business License
Tax established pursuant to Article VI of the Santa Monica
Municipal Code.
For ease of transition, during Fiscal Year 1987-1988, the
adjusted Fee shall be equivalent to the lesser of three and
one-half (3 1/2) times the annual Business License Tax:
$15,000.00, or, subject to request and City's approval, $.10 per
square foot per month. and shall be collected in three equal
installments. The first installment shall become due on october
1, 1987, and shall become delinquent on November 30, 1987: the
second installment shall become due on January 1, 1988, and shall
become delinquent on February 28, 1988: and the third installment
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shall become due on April 1, 1988 and shall become delinquent on
May 31, 1988.
In Fiscal Year 1988 - 1989 and thereafter, the
adjusted Fee shall be equivalent to the lesser of three (3) times
the annual Business License Tax; $15,000.00; or, subject to
request and City's approval, $.10 per square foot per month, and
shall be collected each fiscal year, in four equal quarterly
installments. The first installment shall become due July 1st of
each fiscal year, and shall become delinquent on August 31st; the
second installment shall become due on October 1st of each fiscal
year, and shall become delinquent on November 30th, the third
installment shall become due on January 1st of each fiscal year,
and shall become delinquent on February 28; and the fourth
installment shall become due on April 1st of each fiscal year,
and shall become delinquent on May 31st.
SECTION 4. The City Clerk shall certify the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
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ROBERT M. MYERS
city Attorney
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Adopted and approv
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LegOing
st, 1987.
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I hereby certify that
Resolution No. 7488 (CCS)
was duly adopted by the City council of the City of Santa Monica
at a meeting thereof held on August 11, 1987 by the following
Council vote:
Ayes: Councilmembers: Jennings, A. Katz, H. Katz, Reed,
Zane, Mayor Conn
Noes: councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Finkel
ATTEST:
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City Clerk