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City council Meeting 11-12-91
NOV 1 219m
Santa Monica, California
STAFF REPORT
TO:
Mayor and City Council
FROM:
city Attorney
SUBJECT:
Ordinance Authorizing the City to Impose an
Assessment on Businesses within a Parking
and Business Improvement Area
This Staff Report recommends that the City council
introduce for first reading the accompanying enabling ordinance
which provides an alternative procedure for establishment of
parking and business improvement areas in which assessments can
be levied for specified purposes.
The City's three existing business promotion districts
(Montana Avenue, Downtown and Main Street) were established
pursuant to procedures set forth in state law (California streets
and Highways Code Sections 36000 et seq.)
The Downtown and
Montana areas were established under the Parking and Business
Improvement Law of 1965 and the Main street area was established
pursuant to the provis ions of the Parking and Bus iness
Improvement Area Law of 1979 (recently superseded by the Parking
and Business Improvement Law of 1989).
Inquiries and requests have been made by various business
leaders concerning expansion of permitted uses of revenues
generated by the assessments levied in these parking and business
improvement areas.
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NOV 1 2 1991
After a review and analysis of state law procedures for
changes in uses of assessment revenues and types of uses
permitted under such laws,
it was determined that more
flexibili ty could be achieved by adoption of a separate city
procedure for establishment of parking and business improvement
areas, exclusive of the state law procedures.
The accompanying
ordinance incorporates portions of the state procedures while
providing a much broader range of purposes for establishing
parking and business improvement areas and levying assessments in
such areas.
Such expansion of options for uses of the revenues
addresses concerns raised by the business communi ty including,
but not limited to, means for paying costs of traffic analysis
and management and security for the parking and business
improvement areas so established.
This legislation can be
utilized to create new business promotion districts and also
provides a method for modifying the existing parking and business
improvement areas described above.
This ordinance has been developed in consultation with
business leaders on Main street and Montana Avenue, areas that
have expressed interest in this subject. It is anticipated that
businesses on Main street will want to re-establish their
district under the new law.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, city Attorney
Linda A. Moxon, Deputy City Attorney
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City council Meeting 11-12-91
Santa Monica, California
ORDINANCE NUMBER
(City council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY TO IMPOSE AN
ASSESSMENT ON BUSINESSES WITHIN A PARKING AND
BUSINESS IMPROVEMENT AREA
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. purpose. The purpose of this Ordinance is to
authorize the city of Santa Monica to impose an assessment on
businesses within a parking and business improvement area for the
following purposes:
(a) The acquisition, construction or maintenance of
parking facilities, benches, trash receptacles, street lighting,
parks, and fountains for the benefit of the area.
(b) Decoration of any public place in the area.
(c) Promotion of public events which are to take place on
or in public places in the area, including the provision of
security for such public events.
(d) Furnishing of music in any public place in the area.
(e) The general promotion of retail trade activities in
the area.
(f) Activities to manage traffic generated by employees
and customers of businesses within the area.
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SECTION 2. "parking and Business Improvement Area" or
flArea" Defined. IIparking and business improvement area" or
Uarea" as used in this Ordinance means an area designated as
provided in this Ordinance.
SECTION 3. IIBusinessll Defined. "Business" as used in this
Ordinance means all types of business, including professions.
SECTION 4. Discretion of council as to Use of Revenue;
Advisory Boards or Commissions. The City council shall have the
sole discretion as to how the revenue derived from the assessment
is to be used within the scope of the above purposes. The City
council may enter into a contract with any organization whose
purpose includes the betterment of the Area for administration of
the revenues derived pursuant to this Ordinance.
SECTION 5. Liberal construction; Partial Invalidity. This
Ordinance is intended to be construed liberally and in the event
any provision thereof should be held invalid, the remaining
provisions shall remain in full force and effect.
SECTION 6. Manner. A parking and business improvement
area may be established as provided in this Ordinance.
SECTION 7. Resolution of Intention; contents. The City
Council shall adopt a resolution of intention to establish an
area. The resolution shall contained the following information:
(a) Description of the boundaries of the proposed area.
(b) The time and place of a hearing to be held by the City
council to consider establishment of an area.
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(c) The proposed uses to which the proposed revenue shall
be put.
(d) The description of the method and basis of levying the
assessment, with a breakdown by class of business if such
classification is to be used.
(e) A statement that the improvements and activities to be
provided in the area will be funded by the levy of the
assessments. The revenue from the levy of assessments within an
area shall not be used to provide improvements or acti vi ties
outside the area.
(f) A finding that the businesses and the property within
the business and improvement area will be benefited by the
improvements and activities funded by the assessments proposed to
be levied.
(g) The time and manner of collecting the assessments.
SECTION 8. Notice of Hearing; publication; Hailing.
Notice of a hearing held pursuant to this Ordinance shall be
given by:
(a) One publication of the resolution of intention in a
newspaper of general circulation in the city.
(b) Mailing a complete copy of the resolution of intention
to each business in the proposed, or established, area.
Publication and mailing shall be completed at least ten (10) days
prior to the time of the hearing.
SECTION 9. Hearing; Protests; Evidence; continuance;
Majority Protest; Termination of proceedings. Whenever a hearing
is held under this Ordinance, the city council shall hear all
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protests and receive evidence for or against the proposed action;
the City council shall also rule upon all protests which
determination shall be final; and the City Council may continue
the hearing from time to time. Proceedings shall terminate if
protest is made by a majority of the businesses in the proposed
area which would be subject to the assessment.
SECTION 10. Change of Boundaries; Continuance of Hearing;
Notice. If the city council decides to change the boundaries of
the proposed area, the hearing shall be continued to a time at
least 15 days after such decision and notice shall be given as
prescribed in Section 8, showing the boundary amendments, but no
resolution of intention is required.
SECTION 11. Ordinance Establishing Proposed Area;
Contents. If the City Council, following the hearing, decides to
establish the proposed area, it shall adopt an ordinance to that
effect. This ordinance shall contain the following information:
(a) The number, date, and title of the resolution of
intention pursuant to which it was adopted.
(b) The time and place the hearing was held concerning the
formation of such area.
(c) The description of the boundaries of such area.
(d) A statement that the businesses in the area
established by the ordinance shall be subject to the provisions
of the assessment provided by this Ordinance.
(e) A statement that the improvements and activities to be
provided in the area will be funded by the levy of the
assessments. The revenue from the levy of assessments within an
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area shall not be used to provide improvements or activities
outside the area.
(f) A finding that the businesses and the property within
the business and improvement area will be benefited by the
improvements and activities funded by the assessments proposed to
be levied.
(g) The time and manner of collecting the assessments.
(h) A statement that a parking and business improvement
area has been established.
(i) The uses to which the revenue shall be put.
SECTION 12. Benefit Zones: Establishment and Modification;
Assessment Rate. The City Council may, for each of the purposes
set out in Section 1, establish and modify one or more separate
benefit zones based upon the degree of benefit derived from the
purpose and may impose a different assessment within each such
benefit zone.
SECTION 13. Procedure. All provisions of this Ordinance
applicable to establishment or disestablishment of an area also
apply to the establishment, modification, or disestablishment of
benefit zones pursuant to Section 12. The establishment or the
modification of any such zone shall follow the same procedure as
provided for in the establishment of a parking and business
improvement area and the disestablishment shall follow the same
procedure as provided for disestablishment of an area.
SECTION 14. Reasonable
purposes of the assessment to
Classification; Factors.
be imposed pursuant to
For
this
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Ordinance, the city Council may make a reasonable classification
of businesses, giving consideration to various factors, including
the degree of benefit received from parking only.
SECTION 15. Exemption of Newly Established Businesses.
Businesses recently established in the area may be exempted from
the assessment, imposed pursuant to this Ordinance, for a period
not exceeding one year from the date they commenced business in
the area.
SECTION 16. collection; Time and Kanner. The collection
of the assessment imposed pursuant to this Ordinance shall be
made in such manner as the City Council shall determine.
SECTION 17. Changes in Additional Rate or Levy or uses;
Resolution of Intention; Contents. Changes may be made in the
assessment or in the uses to which the revenue shall be put as
specified in the ordinance establishing the area, by ordinance
adopted after a hearing before the city Council. The City
Council shall adopt a resolution of intention to change the
assessment or the uses to which the revenue shall be put at least
fifteen (15) days prior to the hearing required by this Section.
This resolution shall specify the proposed change and shall give
the time and place of the hearing.
SECTION 18. Imposition of Assessment on Different Classes
of Business. The assessment need not be imposed on different
classes of business on the same basis or at the same rate;
provided, however, that the assessment imposed for the purpose of
the acquisi tioD, construction or maintenance of parking
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facilities for the benefit of the area shall be imposed on the
basis of benefit determined by the City Council after giving
consideration to the total cost to be recovered from the
businesses upon which the assessment is to be imposed, the total
area within the boundaries of the parking and business
improvement area, the assessed value of the land and improvements
within the area, the total business volume generated within the
area, and such other factors as the city Council may find and
determine to be a reasonable measure of such benefit.
SECTION 19. Purpose of Levy; Use of Proceeds. The
assessment levied hereunder must be for the purposes specified in
the ordinance and the proceeds shall not be used for any other
purpose.
SECTION 20. ordinance; Resolution of Intention. The City
Council may disestablish an area by ordinance at a hearing before
the City Council. The city council shall adopt a resolution of
intention to disestablish the area at least fifteen (15) days
prior to the hearing required by this Section. The resolution
shall give the time and place of the hearing.
SECTION 21. Disposition of Proceeds of Assessment or
Assets. Upon the disestablishment of an area, any remaining
revenues derived from the levy of assessments, or any revenues
derived from the sale of assets acquired with the revenues, shall
be refunded to the owners of the businesses then located and
operating within the area in which assessments were levied by
applying the same method and basis that was used to calculate the
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assessments levied in the fiscal year in which the area ia
disestablished.
SECTION 22. Other.
(a) Assessments levied for the purpose of providing
improvements and promoting activities which benefit businesses
also benefit the property within the area directly or indirectly.
Such assessments are not taxes for the general benefit of the
City, but are assessments for the improvements and acti vi ties
which confer special benefits upon the businesses for which the
improvements and activities are provided.
(b) This ordinance does not affect or limit any other
provisions of law authorizing or providing for the furnishing of
improvements or acti vi ties or the raising of revenue for these
purposes.
SECTION 23. 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 24. 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 any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
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declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 25. 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:
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ROBERT M. MYERS U
City Attorney
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NOV 1 2 1991
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City council Meeting
santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE CONTRACT BETWEEN
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AND
THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. That an amendment to the contract between the
City Council of the City of Santa Monica and the Board of
Administration, California Public Employees' Retirement System is
hereby authorized, a copy of said amendment being attached
hereto, marked Exhibit, and by such reference made a part hereof
as though herein set out in full.
SECTION 2 .
The City Manager is hereby authorized,
empowered, and directed to execute said amendment for and on
behalf of the city.
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 inconsistenc1es and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of th1s Ord1nance.
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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 any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City Council hereby
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 off icial newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
city Attorney
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