R-10336F:1...MOX\Property Based Assessment Districts\PBADFormationReso7-22-08 FINAL.doc
City Council Meeting Date: July 22, 2008 Santa Monica, CA
RESOLUTION NO. 1Q~~~CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE
MANAGEMENT PLAN AND ENGINEER'S REPORT, ORDERING THE FORMATION OF A
PROPERTY AND BUSINESS IMPROVEMENT DISTRICT IN DOWNTOWN SANTA MONICA,
AND AUTHORIZING THE LEVY OF AND PLACEMENT OF THE ASSESSMENTS ON THE
PROPERTY TAX ROLLS EACH YEAR
WHEREAS, under the authority of the Property and Business Improvement District Law
of 1994 (the "1994 Act"), being Division 18 (commencing with Section 36600 et seq.) of the
California Streets and Highways Code as modified by City of Santa Monica Ordinance No. 2258
(CCS), (collectively the "Modified Law"), the City Council intends to form a property and business
improvement district; and
WHEREAS, on May 13, 2008, pursuant to the Modified Law, the City Council was
presented with executed petitions (the "Petition") for the formation of a property and business
improvement district by certain property owners requesting the formation of the Downtown Santa
Monica Property Based Assessment District (the "Downtown Santa Monica PBAD") for the
purpose of funding activities and improvements as more fully described and set forth in the
Downtown Santa Monica Management Plan. ("Management Plan") and the assessment
engineer's report ("Engineer's Report") prepared in connection with the proposed formation of
the Downtown Santa Monica PBAD. The Petition, Management Plan and Engineer's Report are
incorporated herein by reference and copies thereof are on file with the City Clerk; and
WHEREAS, a description of the exterior boundaries of the proposed Downtown Santa
Monica 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 was presented to the City Council at the May 13, 2008 meeting;
and
WHEREAS, also on May 13, 2008 the City Council adopted Resolution No. 10285
(CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO SETA PUBIC HEARING TO CONSIDER F 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, and said Resolution No. 10285 (CCS) also
authorized the City Manager-and the Redevelopment Agency Executive Director to affirmatively
cast ballots in support of formation of the PBAD formation for City and Redevelopment owned
properties located within the boundaries of the proposed PBAD; and
WHEREAS, the City has mailed a ballot to each owner of Record within the Proposed
District; and
WHEREAS, on July 8, 2008 at 7:00 p.m., a duly noticed public hearing was held at which
the City Council provided an opportunity for any interested person present to be heard and
accepted assessment ballots from property owners of record until the close of the hearing; and
WHEREAS, following the close of the public hearing, the property owner assessment
ballots submitted to the City Clerk prior to the close of the public hearing were tabulated, and. the
WHEREAS, following the close of the public hearing, the property owner assessment
ballots submitted to the City Clerk prior to the close of the public hearing were tabulated, and. the
City Clerk has determined that the ballots submitted in favor of the assessment exceed those
submitted in opposition, with the ballots having been weighted in accordance to the proportional
financial obligation of the affected properties; and
WHEREAS, it has been determined that there was not a majority protest, the City Council
orders (a) the formation of the Downtown Santa Monica PBAD, (b) the levy of assessments as
set forth in the Engineer's Report, and (c), authorization of all required actions to initiate the
establishment of the proposed Assessment District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBY
FINDS, DETERMINES AND RESOLVES as follows:
1. The City Council overrules each of the protests, written and oral to the proposed
assessment.
2. The City Council declares that the assessment is lawfully authorized, confirms
and adopts the assessment and Assessment Diagram now on file with the Office of the City
Clerk, and directs the City Clerk to cause the Assessment Diagram to be filed with the Office of
the Los Angeles County Recorder and concurrently therewith to record a Notice of Assessment
with respect to the property in the Office of the Recorder of the County of Los Angeles.
3. The City Council approves and adopts the Management Plan and Engineer's
Report, copies of which are on file with the City. Clerk. The proposed activities and
improvements to be funded by the levy of assessments and the amount of the proposed
assessment to be levied on property owners within the proposed district is described in detail in
the Engineer's Report.
4. The City Council resolves and finds that the properties within the boundaries of
the Downtown Santa Monica PBAD will be benefited by the improvements and activities funded
by the assessments proposed to be levied
5. The City Council confirms and levies each individual assessment as stated in the
Engineer's Report.
6. The City Council declares and orders the formation -and establishment of a
Prgperty and Business Improvement District under the 1994 Act and that it be designated the
"Downtown Santa Monica Property Based Assessment District" (the "Downtown Santa Monica
PBAD)" with special benefit zones designated as Zone 1, Zone 2 and Zone 3, the boundaries of
which are shown on the Assessment Diagram of the District, a copy of which is on file with the
City Clerk
7. The City Council resolves that the improvements and activities to be provided in
the District will be funded by the levy of assessments; the revenue from which shall not be used
to provide such improvements and services outside the District or for any other purpose than the
purposes specifed in the Management Plan.
8. The properties located in the Downtown Santa Monica PBAD shall be subject to
any amendments to the Modified Law.
//
2
9. 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
a
Marsha Jones M utr e; City Attorney
Adopted and approved this 24th day of July, 2008.
Herb Katz, Mayor
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 10336 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 24th day of July, 2008, by the following vote:
Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver
Mayor Katz, Mayor Pro Tem Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
Maria Stewart, City Jerk