R-10285F: tatty\Munilaw\Share\Laws\PBADResoofl ntent2008
City Council Meeting: May 13, 2008 Santa Monica, California
RESOLUTION NUMBER iozss (CCs)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO SET A PUBLIC HEARING TO CONSIDER
THE FORMATION OF A PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT, AUTHORIZING THE ACCEPTANCE OF PETITIONS FROM
PROPERTY OWNERS, THE MAILING OF BALLOTS TO PROPERTY
OWNERS, AND THE SETTING OF A PUBLIC HEARING AND ACCEPTING OF
THE ENGINEER'S REPORT
WHEREAS, on March 25, 2008, the City Council accepted
recommendations of the Downtown Santa Monica Management Plan
("Management Plan") to fund new and enhanced programs and services through
the formation of a property and business improvement district
WHEREAS, pursuant to the Property and Business Improvement District
Law of 1994, being Division 18 (commencing with Sections 36600 and following)
of the California Streets and Highways Code ("the State Law") as modified by
.City of Santa Monica Ordinance No. 2258 (CCS), (collectively the "Modified
Law") the City Council intends to initiate proceedings to form a property and
business improvement district, also referred to as a property based assessment
district; ("PBAD") in Downtown Santa Monica; and
WHEREAS, a description of the exterior boundaries of the proposed
PBAD is shown on the proposed district map entitled; "Proposed Boundaries of
Downtown Santa Monica PBAD, County of Los Angeles, State of California
("District Map"), a copy of which is on file with the City Clerk and presented at this
meeting. The land within the exterior boundaries shown on the map shall be
designated "Downtown Santa Monica PBAD, City of Santa Monica, County of
Los Angeles, State of California"; and
WHEREAS, on May 13, 2008, pursuant to the Modified Lavv; the
City. Council was presented with executed petitions (the "Petition") for the
formation of a PBAD by certain property .owners requesting the formation of the
Downtown Santa Monica PBAD for the purpose of funding the activities and.
improvements through assessments as described and set forth in the
Management Plan, a copy of which is on file with the City Clerk and presented at
this meeting; and
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WHEREAS, it has been certified that the Petition which includes a
summary of the proposed Management Plan in compliance with the Modified
Law, contains the signatures of the owners of property in the- proposed district
who will pay more than forty percent (40%) of the assessments to be levied ;and
WHEREAS, the City Council desires to accept. the report of the
assessment engineer ("Engineer's Report") prepared in connection with the
proposed formation of the Downtown Santa Monica PBAD and the levy of the
assessments; and
WHEREAS, pursuant to Article XIIID, Section 4 of the California
Constitution, publicly owned properties which receive special benefit from the
improvements must be assessed a proportionate share of the costs thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS:
1: Recitals. The above recitals are true and correct, and the City Council so
finds and determines.
2. Declaration of Intention and Setting of Public Hearing. The public
interest, .convenience, and necessity require and -the City Council hereby
declares its intention to form a PBAD as requested in the Petition and the City
Council hereby sets a public hearing on the proposed establishment of the PBAD
and the levy of assessments for July 8, 2008 at 7:00 p.m. in the City Council
Chambers at 1685 Main Street, Santa Monica, California and authorizes all
required actions to initiate proceedings for establishment of the proposed PBAD.
3. Acceptance of Petitions. This Council accepts the Petition as filed, and
hereby institutes proceedings for the formation of the Downtown Santa Monica
PBAD.-
4. Mailing of Ballots. The City Council hereby authorizes the mailing of
ballots to all property owners within the proposed District
5. Authorization for Casting of Ballot for City and Agency-Owned
Properties. The City Council hereby authorizes the City Manager and the
Executive Director of the Redevelopment Agency to cast a ballot in support of the
PBAD formation for City and Redevelopment Agency owned properties within the
boundaries of the proposed PBAD,
6. Engineer's Report. The firm of Kristin Lowell & Associates, Inc., of
Roseville, California, has prepared the Engineer's Report required for the.
establishment of the proposed PBAD. The Engineer's Report describes in detail
the proposed .activities and improvements and the amount of the proposed
assessment to be levied on property owners within the proposed PBAD. The
Engineer's Report also explains that although no issuance of bonds is planned in
conjunction with formation of the PBAD, future amenities and improvements
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could be financed by the issuance of bonds. The Engineer's Report is submitted
at this meeting and is hereby accepted.
7. Incorporation by Reference. The District Map, Management Plan and
Engineer's Report are all incorporated in this Resolution by reference and made
a part hereof.
8. The .City Clerk shall certify to the adoption of this Resolution, and
thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
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Adopted and approved this 13th day of May, 2C
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 10285 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 13th day of May, 2008, by the following vote: ,
Ayes: Council members: Genser, Holbrook, McKeown
Mayor Pro Tem Bloom, Mayor Katz
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: O'Connor, Shriver
ATTEST:
Maria Stewart, City C rk