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CIty Council Meetmg. April 25, 1995 Santa Moruca, CalIfornIa
APR 2 5 1995
TO: Mayor and City Council
FROM: CIty Staff
SUBJECT: Resolullon of the CIty Council of the CIty of Santa Moruca Dec1anng Its Intenllon
to Change the Assessment Amount LevIed in the Montana A venue Busmess
Improvement Assessment DIStnct
IntroductIon
This report recommends that the CIty CouncIl adopt the attached ResolutIon declanng Its mtention
to change the assessment amount leVIed ill the Montana Avenue Business Improvement
Assessment DIStnct (DIStnCt) and set a pubhc heanng for May 23, 1995 to conSIder the proposed
changes In accordance WIth the Brown Act proVISIOns requirIng an addItIonal public meeting be
held pnor to the pubhc heanng, thIS Council meeung WIll serve as the required oppOrtunIty to hear
pubhc comments on the proposed change.
Background
On July 9, 1974. the CIty CouncIl adopted Ordmance Number 960 (eeS) establ1shmg a business
Improvement area to proVIde for the levy of an assessment for the general promouon of business
and profeSSIOnal actIV1lles ill the Momana Avenue Busmess Improvement Assessment DIstnct
The fee. whIch is paid concurrently WIth the general busmess lIcense tax IS currently $100 per year
for retaIl, recreat10n . and entertamment busmesses, and $40 per year for profeSSIOnal and servIce
busmesses.
Dunng tlus past year, the Montana Merchants AssociatIon has investIgated ways to take a more
actIve and comprehenSIve approach to marketing and promotIng the DIStnct At the November 10,
1994 Spectal Assessment Tax Meetmg. the twenty-four merchants present unanImously voted to
double the current assessment to $200 per year for retailers, and $80 per year for profeSSIonal and :JI-
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service busmesses This action was followed by a maIling from the Merchants Assoclauon to each
of the 320 busmesses withm the Distnct mdlcaung the mtentIon to request that the CIty Council
double the assessment and gIving the OpportunIty to vote. The letter stated that not phonmg III a
vote would be conSIdered a .'yes" vote. In response to the 320 letters sent. twenty -one (21) .'no"
votes were receIved among the th1rty-seven (37) telephone responses.
Notification Process
Nonce of thIS publIc meeting and the publIc hearing set for May 23, 1995 was published in the
Outlook on Apnl 3. Apnl 10. and Apn1l7 in accordance WIth the Brown Act provisIOns requmng
publicatIOn of the nonce at least forty- five days pnor to the publIc heanng. In addlnon. notices of
the publIc meeting and pubiC heanng have been sent to all business hcense holders in the Distnct
Subsequent to the adopnon of the ResolutIon of Iment1on. the Resolut1on wlll be publIshed III the
Outlook and a completed copy of the Resolut1on Will be mailed to each busmess hcense holder III
the DIStnct.
Bud!!etIFIscal Imoact
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The current assessment generates $22.325 III revenues annually. The Increase m the assessment
wlll generate an estunated $43,720 m revenues dunng FY 1995-96
Recommendanon
It IS recommended that the City Counell adopt the attached ResolutIOn of IntentIon settIng the PUbIC
heanng on May 23.1995 and dIrect the City Attorney to prepare the Ordmance pertaming to the
proposed changes.
Prepared by: Jeff MathIeu, DIrector of Resource Management
JUdIth MeISter, Asset Manager
Linda Moxon, Deputy CIty Attorney
Attachment Resolution of IntentIon
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city Council Meeting 4-25-95 Santa Monica, California
RESOLUTION NUMBER 8894 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA DECLARING ITS INTENTION TO CHANGE
THE ASSESSMENT LEVIED IN THE MONTANA AVENUE
BUSINESS IMPROVEMENT ASSESSMENT DISTRICT
WHEREAS, on July 9, 1974, the Clty Counell of the City of Santa
Monica adopted Ordlnance Number 960 (CCS) (the "Ordinance")
pertaining to the establishment of a business improvement area to
provide for the levy of an assessment (the "Fee") for the general
promotion of business and professional activities in the Montana
Avenue Business Improvement Assessment District (the "District"),
such Fee to be payable by all business license holders occupying
business premises in the Distr~ct; and
WHEREAS I such Dlstrict was established pursuant to the
provlsions of Part 5 of Division 18, commenclng with Seetlon 36000
of the Street & Hlghways Code (the "Law"); and
.. the City Council deslres to revise the amount of the
WHEREAS I
Fee levied in the Distrlct to provide for expanded promotion of
retail trade and business and professional activities in the
District; and
WHEREAS I the Law provides that any change in rate or levy of
the Fee requires that the city Council adopt a resolutlon of
intention to change such rate or levy at least fifteen (15) days
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prior to a hearing on an ordinance pertaining to such changes; and
WHEREAS I the Brown Act provisions set forth at Californ1a
Government Code Section 5954.6 pertaining to required notice of the
hearing and notice of an additional public meeting prior to the
hearing have been fulfilled,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council hereby declares its intention
to change the Fee levied in the District. The proposed change ~n
such Fee would be to revise such Fee from the existing flat rate
amounts as follows:
Business Cateqory Existinq Fee Proposed Increased Fee
Retail $100.00 $200.00
Recreation 100.00 200.00
Entertainment 100.00 200.00
Agent/Broker 40.00 80.00
Auto Dealer 40.00 80.00
Contractor/Subcontractor 40.00 80.00
Corporate/A~inistrat~ve
Headquarters 40.00 80.00
Profess~ons 40.00 80.00
Manufacturers 40.00 80.00
Services 40.00 80.00
Wholesalers 40.00 80.00
utilities 40.00 80.00
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Said Fee shall be payable concurrently and at the same time as the
general business license tax. For failure to pay said assessment on
the due date thereof, penalties shall be exacted as set forth in
Section 6.04.160 of the Santa Manica Municipal Code.
SECTION 2. That notice is hereby given that on the 23rd day of
May, 1995, at the City Council Chambers located at 1685 Main street,
Santa Monica, California, a hearing will be held to consider the
proposed changes in the Fee for the District, pursuant to Section
36061 of the Streets & Highways Code of the state of California.
SECTION 3. That the City Clerk shall cause this Resolution to
be published once in The Outlook, a newspaper, of general
circulation in sa~d City, and shall cause a completed copy of th~s
Resolution to he mailed, postage prepaidl to each business License
holder in the District, at his or her business address. The City
Clerk shall also cause a copy of this Resolution to be posted at
three (3) public places in the District. Such publicationl mailing
and posting shall be completed at least ten (IO) days prior to the
tlme of the hearing.
SECTION 4. The city Clerk shall certlfy to the adoption of
this Resolutjon, and thenceforth and thereafter the same shall be in
full force and effect.
APPROVED AS TO FORM
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MARSHA JON MOUTRIE
Clty Attorney
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Adopted and approved tlus 25th of Apnl, 1995.
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Mayor
I hereby certify that the foregoing ResolutIon 889.:1 (CCS) was duly adopted at a meetmg
of the CIty Council held on the 25th of Apnl, 1995 by the follmv:mg vote:
Ayes: Councd members' Abdo, O'Connor, Genser, Rosenstein, Holbrook, Greenberg
Noes' Council members None
Abstain Councd members None
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Absent Council members Ebner
ATTEST:
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CIty Clerk