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SR-8B (13) RMD:JPM:JM/montfeeord CIty Council Meeung: May 23, 1995 88 Santa Moruca, CalIfornia MAY 2 3 1995 TO' Mayor and City Council FROM' City Staff SUBJECT: Ordmance for Introduction and FITst Readmg Amendmg Ordmance 960 (CCS) to Change the Assessment Amount Levied in the Montana Avenue Busmess Improvement Assessment DIstrict Introduct1on This report recommends that the CIty CouncIl introduce the attached Ordmance amendmg Ordmance 960 (CCS)) to change the assessment amount leVIed in the Montana Avenue Business Improvement Assessment District, as requested by the Montana Merchants AsSOCIatIOn, for fITst reading. Back~ound On Apnl25, 1995, the CIty CounCIl approved ResolutIon Number 8894 (CCS) declanng Its intentIon to change the assessment amount leVIed m the Montana Avenue Busmess 1m provement Assessment Distnct. The fee, which is paId concurrently With the general busmess hcense tax 15 currently $100 per year for retaIl, recreation, and entertainment businesses, and $40 per year for professional and servIce busmesses The request to change the assessment amount has come from the Montana Merchants AsSOClatIon which is seeking ways to take a more active and comprehensive approach to marketIng and promoting the DIStriCt. Followmg several months of prehrnmary diSCUSSIOns, a speCIal meeting of the Merchants AsSOCIatIon was held to conSIder a change ill the existing fee. At the November 10, 1994 Special Assessment Tax Meeting, 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 serVIce businesses TIns action was followed by a survey letter from the Merchants a,s. AssocIation in January. 1995. dehvered by hand to each of the 320 businesses wIthm the Dlstnct, indicating the mtention to request that the CIty CouncIl double the assessment. ThIs survey of merchants requested all those opposed to any change in the assessment fee to express theIr opposition by telephone, and to attend a subsequent Merchant Association meetmg to give further mput. In response to the 320 letters sent. twenty-one (21) opposing responses were received and 299 businesses dId not millcate OpposlUon. A copy of the letter is included as Attachment B. Notification Process Notice of the pubhc meetmg held on April 25, 1995. and today's public hearing was pubhshed 10 the Outlook on Apnl 3. April 10. and AprIl 17 10 accordance WIth the Brown Act provisIOns requiring publication of the noUce at least forty-five days prior to the pubhc heanng. In addItion, notices of the pubhc meeung and the public heanng were sent to all business license holders In the DIStrict on April 3. 1995. The adopted Resoluuon of Intention was published 10 the Outlook on May 6,1995 and a completed copy of the Resoluuon was mailed to each business license holder in the District and duly posted m the DIStrict wlthm ten days of today' s pubhc hearing ill accordance WIth Section 36000 of the Street and HIghways Code. To date. one letter has been receIVed m protest to the proposed mcrease and IS mcluded as Attachment C. Bud2etIFlscal Impact The current assessment generates $22,325 in revenues annually. The mcrease In the assessment will generate an estllTIated $43.720 in revenues dunng FY 1995-96. Recommendation It is recommended that the City Council introduce the attached Ordinance amending Ordmance 960 (CCS) to change the assessment amount leVIed 10 the Montana Avenue Business Improvement Assessment DIStrict Prepared by: Jeff MathIeu. DIrector of Resource Management Judith Meister, Asset Manager Linda Moxon, Deputy CIty Attorney Attachments: A: Ordinance B' Montana Merchant Association Letter C. Protest Letter ATTACillIE;;;T A ~ CA:f:atty\muni\laws\mox\montana.2 city Council Meeting 5-23-95 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 960(CCS) TO CHANGE THE ASSESSMENT LEVIED IN THE MONTANA AVENUE BUSINESS IMPROVEMENT ASSESSMENT DISTRICT WHEREAS, on July 9, 1974, the City Council of the City of Santa Monica adopted Ordinance Number 960 (CCS), establishing a business improvement area along a portion of Montana Avenue and approving the levy of an assessment (the "Fee") for the general promotion of business and professional activities within the Montana Avenue Business Improvement Assessment District (hereinafter "the District"); and WHEREAS, on July 10, 1990, the city Council of the City of Santa Monica adopted Ordinance Number 1531 (CCS) in order to amend the Fee levied in the District; and WHEREAS, on November 13, 1990, the city council of the city of Santa Monica adopted Ordinance Number 1558 (CCS), amending Ordinance Number 960 (CCS) in order to amend the Fee levied in the District; and 1 WHEREAS, under and pursuant to the provisions of Part 5 of Division 18, commencing with Section 36000 of the streets & Highways Code (hereinafter sometimes referred to as "said lawn) on April 25, 1995, the city council adopted Resolution Number 8894 (CCS) declaring its intention to make additional changes in the amount of the Fee levied in the District and setting a public hearing on such matter as required by said law; and WHEREAS, said Resolution Number 8894 (CCS) was duly published, copies thereof were duly mailed to each business license holder in the District and posted in public places in the District, as provided by said law; and WHEREAS, as specified in said Resolution Number 8894 (CCS), a hearing concerning the proposed change in the fee levied in the District was held before the city council on May 23, 1995, in the City Council Chambers located at 1685 Main Street, in the City of Santa Monica; and WHEREAS, at said hearing all written and oral protests made or filed were duly heard, evidence for and against the proposed action was received, and a full, fair, and complete hearing was granted and held before the city council; and WHEREAS, at said hearing all protests, both written and oral, made or filed, were duly overruled and denied and the city council 2 determined that there is no majority protest within the meaning of Section 36023 of the Streets & Highways Code, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2 of Ordinance Number 960 (CCS) is amended to change the fee levied in the District and shall read as follows: section 2 . That in addition to the general business license tax (hereinafter sometimes referred to as nbusiness license fee"), an assessment is hereby imposed upon business license holders occupying business premises in the area. said assessment (the "Fee") shall be at the following rates: Business Category Retail Entertainment $ 200.00 200.00 200.00 80.00 80.00 80.00 80.00 80.00 80.00 80.00 Recreation Agent/Broker Auto Dealer Contractor/Subcontractor Corporate/Administrative Headquarters Professions Manufacturers Services 3 Wholesalers utilities 80.00 80.00 Said Fee shall be payable concurrently and at the same time as the general business license fee. For failure to pay said Fee on the due date thereof, penalties shall be exacted as set forth in Section 6.04.160 of the Santa Monica Municipal Code. SECTION 2. All protests, both written and oral, are overruled and denied, and the City Council finds that there is no majority protest within ~he meaning of Section 36023 of the Streets and Highways Code. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby 4 declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The city Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: /11/ '~ _ }.. l /fLif.../-~L<~rvk-0 1 ~c.'~~<- MARSHA JONE$)MOUTRIE city Attorney 5 _~7::_:' C~~!.::::: ..... SHOPS & SERVICES SETWEEN 7rn & 17tn ST>lEET , January 25, 199) Dear Montana Avenue Merchdn~. At our November 10, 1994 t Spec:.al Assessment Tax Meet..:..ng, the ~ontana Avenue Merchants ~n attendance voted unantmously to 1ncrease our current assessment tax. The na]Or1ty of store owners present, overwhelm~ngly des~re a more aggress~ve and comprehens~ve approach ~n our ongoing JOINT ADVERTISEMENT actlvlties. It LS also the opinlon that 1n order to accomp11sh thlS, wlth any degree of profess~onali5m. more funds dre needed. HistoTlcally our annual assessment of S100 per year, per retailer and $40 per year. per profess1onal, has been ~nsuff:Lc~ent 1n ma1nta1n1nq a ser~ous market~ng campa1qn for our upscale bUS1ness d:Lstr~ct. In order to fac1l1tate a gt~onger market:Lng approach W~~~ more bUYlng power, lC was voted to double our current assessment to S200 per year, per reta~ler and $80 per year, per profess~onal. This tax increase would allow us to upgrade our two Montana Avenue annual funct~ons (open house &. sidewalk sale), par~~cipate ~n selected n~spr~nt med1a, produce selected telev~sion and radlo spots, as well as c=eate an ~nvestment plan for seasonal decoratlons spec~fically des~9ned for Montana Avenue~ Before we go to C1.ty Counell wTch a formal request for an assessment 1ncrease, 1t: lS ~mportant that we hear from you.... Please phone my of:~ce by February 15th at 828-7748, Ldent1fy your store & your name, and vote; "YES. in favor of dOubl1.ng your assessment, or ~NO. not :Ln favor of doubling your assessment. Remember. not. phonlng 1n a vote is vot~ng .YES" that you ARE 1n favor of a 1996 assessment tax increase. ( $200.00 per retailer and $80.00 per profess1onal ) .l.n advance for your response .In t.h~s very important w111 look forward to seeing you at our February 22nd lease mark your calendar. R . Montalvo Cha1rperson Montana Avenue Merchant Comm~ttee <;nrmmrp{j hv ~.antd ~f'lnlC'".a Chamber of Commerce 1460 Fourth Srr~t Santa Monica CA 90401 ~Cltl OT'I\.t:rV/I; 1t:1t:\.U~Jler fU",U . 4-lll-:l~ ,IU,U4AII'I d,lllY Ur- ~ANIA II'IUNJJ"'A.... J1U .:Ill 1 ~~~b.a' 1 AITACmIE~T C fA~ 10 JU Dim ?/JJ-r71v j~ 'ft ~'1 Apri.l l~, 1995 Mayor and City Counoi.1 Cl"ty Hall 1685 Main Stree~ Santa Monica, CA 90401 SUBJECT: Protest to Proposed Increase in the ABs8ssment Fee tev1ed in the Montana ~venue Business Improvement Assessment District. Gentlemen: I am 8tronK~Y protest1n~ the proposed inerease in the assess- ment ~ee levi.ed i.n the Montana Ayenue business ~mprovement assessment district. r am presently paying a very high fee of $115.00 (whiCh includes a 140.00 Montana Avenue Promo~ion Tax. As you know, onee the tees axe raised, they never go lower, only higher. Rai.8ing ~he ree would be 8 financial hardship tor me. Again, I am stron~lY DroteBtin~ the proposed ~ee increase. Sincerely~ 'vYl CPv~ ~ C ~ MarjOri~ Coon-Travel Agent Business License Number 070199 C Business Addre6s: TOPS IN TRAVEL 1409 Montana Avenue Santa Monica, CA 9040' Home Address (Mailing Address) M.arjor1e Coon 35~-21st Street Santa Monica OA 90402-24l7 (Telepbone; ~310)393-1097)