SR-213-001 (5)
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OCT 1 3 1981
CA:RMM:r
City Council Meeting 10-13-81
Santa Monica, California
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STAFF REPORT
TO: Mayor and City Council
FROM: C~ty Attorney
SUBJECT: Ordinance Amending Ordlnance Number 725 CCCS) To
Increase Amount of Revenues Allocable to Collection
Expenses
On September 23, 1981, the city council adopted Resolu-
tion Number 6361 (CCS) declarlng its intentlon to amend
Ord1nance Number 725 (CCS).
(A copy of the resolut1on and
letter mailed to businesses 1n the area is attached.) The
hearing on the proposed amendment has been noticed 1n the
manner requlred by law for October 13, 1981. The purpose of
the amendment is to increase the collection allocation for
the downtown promotion area from one percent (1%) to five
percent (5%).
RECOMMENDATION
It is respectfully recommended that the accompanying
ordlnance be introduced and adopted.
PREPARED BY: Robert M. Myers, City Attorney
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OCT 1 3 1981
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D(STRIBUTION OF RESOLUTION Ii PZt)"
CouncIl MeetIng Ddte
Agenda ltem if
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ORIGINAL~to be SIgned,
NEWSPAPER PUBLICATION (Date:
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ORDINANCE ~
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Adopted:
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SEND J:.W{f COP IES or ALL ORDINANCES
TO CODED SYSTEMS Attn Peter M~61eat~e
PROFESS IONAL 'CENTER lot.11
ROUTE 71
BRIELLE, NEW JERSEY 08730
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(.t,\ Clerk
~~le9r.on~ ,.2.:.. 3 =~. ~< ~ -::.
september 25, 1981
Dear Interested Person:
Enclosed please find a copy of Resolution Number 6361
(CCS) adopted by the City Council on September 23, 1981. The
resolution gives you notice of the intention of the City
Council to amend the Downtown Parking and Business Improve-
ment Ordinance relating to Retail Trade Promotion (Ordinance
Number 725 (CCS)).
Under the existing ordinance, an additional business
license tax is collected by the City. The money, less 1% to
the City for collection costs, is turned over to the Santa
Monica Area Chamber of Commerce for retail trade promotion.
Because the City's collection costs exceed 1%, the City
intends to increase the amount allocated to collection costs
to 5%. The City does not intend to increase the rate of the
additional business license tax paid by businesses.
The hearing on the proposed change is scheduled for
October 13, 1981, at 7:30 P.M., in the City Council Chambers
in City Ball, 1685 Ma~n Street, Santa Monica, California.
Any objections should be filed with the City Clerk ~n writing
before the hour set for the hearing.
Sincerely yours,
Uf--yV ~~
ANN SHORE
City Clerk
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CA:RMM:r
Council Meeting 9-22-81
Santa Monica, Callfornla
RESOLUTION NUMBER
6361
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA DECLARING ITS
INTENTION TO AMEND ORDINANCE NUMBER 725
(CCS) RELATING TO THE USE OF THE
REVENUES FOR THE DOWNTOWN PARKING AND
BUSINESS IMPROVEMENT AREA (RETAIL PROMOTION)
WHEREAS, on November 22, 1966, the C1ty Cauncll adopted
Ordlnance Number 725 (CCS) establish1ng a Downtown ?~r<lng
and Business Improvement Area; and
WHEREAS, the purpose or the Dlstrict was to generate
revenue for the general promotlon of retall trade actlvltes
~n the area; and
WHEREAS, Section 3 of Ordlnance Number 725 (CCS) pro-
vides that the revenues generated by the additional business
license tax shall be put to the payment of contract fees to
the Santa Monica Chamber of Commerce less one percent (1%)
thereof as the cost of collection; and
WHEREAS, the City's cost of collectlon exceeds one
percent (1%); and
WHEREAS, the City seeks to increase the amount a11oc-
able to collection w~thout increasing the amount of the
bUSlness license tax imposed upon merchants;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1.
The City Council hereby declares its
intention to amend Section 3 of Ordinance Number 725 (ecs) to
/
read as follows:
Section 3. That the use to
which the proceeds of the additional
business l~cense tax, less five per-
cent (5%) thereof as the cost of col-
lection, shall be put lS the payment
of contract fees to the Santa Monica
Chamber of Cow~erce for general promc-
tion of retall trade activites in the
~==~ as ~resc=ioed ~y contr~ct
between the City and said Chamber of
Commerce.
SECTION 2. Notlce ~s hereby given that on the 11th day
of October, 1981, at the hour of 7:30 P.M., in the CIty Coun-
cil Chambers in City Hall, 1685 Main Street, Santa MonIca,
California, a hearing wlll be held by the City council to
consider the change of use here~n proposed. Any interested
person having any objection to the change of use herein pro-
posed may f~le a written protest with the City Clerk not
later than the hour so fixed for hearing.
SECTION 3. The CIty Clerk shall cause this resolution
to published once in a newspaper of general circulatIon in
the C~ty of Santa Monica and shall cause a comp~ete copy of
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this resolution to be ma~led, postage prepaId, to each CU3~-
ness in the Downtown ParkIng and Bus~ness Improvement Area.
Such publication and maillng shall be completed at least ten
days prlor to the time of the hearlng.
SECTION 4. The City Clerk shall certify to the
adoptIon of this resolutIon and thenceforth and thereafter
the same shall be 1n full force and effect.
ADOPTED A~D APPROVED this 2Znd day of SeptemneTt 1981.
APPROVED AS TO FORM:
/s/ Ruth Yannatta Goldway
~IA YOR -
r-rt~1" ~. ~--
R03ERT :~. ~1YERS U
Cl'::Y .:\t1::.orney
I hereby certify that the foregoing Resolution No. 6361(CC5)
was duly adopted by the CIty CouncIl of the CIty of Santa
Monica at a regular meeting thereof held on September 22,
1981t by the followIng Council vote:
AYES:
COU~CIL~E~BER~ Conn, Edwards, Reed, Yannatta Go1dway
NOE S :
COUNCIL~EMBERS: None
ABSENT:
COUNCIL~EMBERS:Jennings, PreS5t Zane
ATTEST:
/s/ Ann M. Shore
CITY CLERK
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PROOF OF PUBLICATION
(20155 C C P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
resident of the- County aforesaid, I am over
the age of eiqhteen vei'lrs, and not a party to
or Interested In the above-entitled matter I
am the prinCIpal clerk of the printer of the
E~ ING OUTLOOK
a newspaper of general Circulation, prmted
and puhllshed . ~.8~ly ~~c:e.p~. .~~~.~!....
SAllTA MONICA
In the City of . ..... . ...... .
County of Los Angeles, and which
newspaper has been adludged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California, underthedateof.o!.B~..~~ 19 .~;,
Case Number ...31~3~~. .. that the notice.
of which the annexed IS a printed copy (set
In type not smaller than nonpareil), has
been published In each regular and entire
Issue of said newspaper and not In any
supplement thereof on the following dates,
to.wd
Sept 29
all In the year 1981
I certify (or declare) under penalty of
per I ury that the forego I ng I S true and
correct
SANTA MONICA
Dated at
Callfornla~hls Sept ~ 1981
....... !.4i/~(<<J'";--. ~1( i.V&-.....
/.,; Signature
Free tOp.e5 of 'hiS blllnk form mllv be Sl!tured 'rom
CALIFORNIA NEWSPAPER SERVICE
BUREAU,INC
Legal AdvertiSing Clearing House
South Spring St , Los Angeles. Calif 90012
Telephone: 625-2141
Plnse rl!que,' GEN ERAL PrOD' 0' Publ't.'lon
when ordering thl' form
--RELON-NUMBERI361- 1P
(City CoUDcll Series)
A RESOLUTION OF THE CITY COUNCIL
Th IS spac OF mE CITY OF SANTA MONICA DECLAR-
ING
ITS INTENTION TO AMEND ORDINANCE
NUMBER 7Z5' (OCS) RELATING TO THE USE
OF THE REVENUES FOR THE DOWNTOWN
PARJ[ING AND BUSINESS IMPROVEMENT
AREA (RETAIL PROMOTION)
WHEREAS, on November 2a, 1966, the CIty
CounCIl adopted OrdmaDCe Number 725 (CCS)
establishing a Downtown Parking and Business
Irn.Ilro~ement Area; and
WHEREAS, the purpose of tbI! District was to
generate revenue Tor the general promotiOn of
retail trade actIvItIes in the area; and
WHEREAS, SectIon 3 of Ordinance Number 725
- (CCS) provides that the revenues generated by
the addltional bUSIness license tax stiall be put to
Proof of the payment of contract fees to the Santa Monica
Chamber of Commerce less one ~rcent (l%)
thereof as the cost of collectlon, and
. . . .. .... WHEREAS, the Ctty's cost of collectlOn ex-
ceeds one_percent {I %} I and
WHERKAS. the CIty seeks to increase the
.. .. ... . amount allocable to collection without increas10g
the amount of the busmess license tax Imposed
u~n merchants,
NOW, THEREFORE, THE CITY COUNCIL OF
THE CiTy' OF SANTA MONICA DOES RE- i
SOLVE AS FOLLOWS'
SECTION 1 The City Council berebI. ~lares
its intention to amend Section 3 of, Ordmance
~Number 725 (CCS) to read as followst
Section 3. That the use to which the proceeds
of the addltlonal busmess bcense tax, less five
percent (5%) thereof as the cost of collection,
sball be put is the payment of contract fees to the
Santa MOnica Cham6er of Commerce for general
promotion of retail trade activities In the area as
IJrescribed b): contract between tbe City and said
_ Chamber of Commerce.
. SECTION 2 Notice is hereby gaven that on the
13th da~ of October, 1981, at the hOur of 7:30 PM,
In the City CounCIl Chambers m City Hall, 1685
Mam Street, Santa Moruca, Callfomia1 a heanng
wIll be held by the CIty Council to conSIder havmg
an Ob)ectlOn to the change of use herein proJlOsed
may file a wntten protest with the CIty Clerk not
later than the hour so fixed for heanng
SECTION 3 The City Clerk shall cause thIS
resoIunon to be pubhshed once In a news~per of
general circulatIOn 10 the City of Santa MOnIca
and shall cause a complete copy of this resolutlon
to bemalled.postagepr.paid; to each business m
the Downtown PafInng and Business Improve--
ment Area Such publication and mailing shall be
completed at least ten days pnor to the time of
the hearing
SECITON 4 The CIty Clerk shall certify to the
adoptIon of thIS resolution and thenceforth and
thereafter the same shall be m full force and
effect .
Adopted _ Ind approved this 22nd day of'
September, 1981
Is! RUTH YA.~NATTA GOLDWAY
Mayor
I hereby certify that the foregomg ResolutIon
No 6361 was duly adopted by the Clfy CounCil of
the City of Santa Momca at a regular meeting
thereof held on September 22, 1981 by the follow-
mg councIl vote
AYES. Councl1mernbers Conn, Edwards,
Reed, Mayor Vannatta Goldway
NOES CouncIlmembers None
ABSENT CouncIl members Jennings, Press,
Zane
ABSTAIN Councl1members None
ATIEST
Isl ANN M SHORE
City Clerk
J..>u~_ Sept 29-1~!__,~~ __ ~_ _~_'__ _
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CA:RMM:r
C1ty Council Meeting 10-13-81
Santa Mon1ca, California
ORDINANCE NUMBER
1228
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
ORDINANCE NUMBER 725 (CCS) RELATING
TO THE USE OF THE REVENUES FOR THE
DOWNTOWN PARKING AND BUSINESS IMPROVEMENT
AREA (RETAIL PROMOTION)
WHEREAS, on November 22, 1966, the City Council adopted
Ord~nance Number 725 (CCS) establish~ng a Downtown Parklng
and BUSlness Improvement Area; and
WHEREAS, the purpose of the Area was to generate reve-
nue for the general promotlon of retall trade activites in
the area; and
WHEREAS, Section 3 of Ordlnance Number 725 (CCS) pro-
vides that the revenues generated by the add1t1onal business
license tax shall be put to the payment of contract fees to
the Santa Mon1ca Chamber of Commerce less one percent (l%)
thereof as the cost of collection; and
WHEREAS, the City's cost of collection exceeds one per-
cent (1%); and
WHEREAS, the C1ty seeks to increase the amount alloc-
able to collect1on wlthout increasing the amount of the bUS1-
ness license tax imposed upon merchants; and
WHEREAS, on September 23, 1981, the City Council
adopted Resolutlon Number 6361 (CCS), entitled "A Resolution
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of the C1ty Counc~l of the C1ty of Santa Monica Declaring Its
Intention to Amend Ordinance Number 725 (CCS) Relating to the
Use of the Revenues for the Downtown Parking and Buslness
Improvement Area (Retail Promotion)"; and
WHEREAS, Resolution Number 6361 (eCS) was duly pub-
Ilshed, and caples thereof were duly mailed, all as provided
by the Parking and Business Improvement Area Law of 1965,
Streets and Hlghways Code Section 36000 et seg.; and
WHEREAS, as speclfied ln Resolution Number 6361 (CCS) a
hearing concerning the change of use was held before the City
CounC11 on October 13, 1981, at the hour of 7:30 P.M., 1n the
City council Chambers ln City Hall, 1685 Maln Street, Santa
Monica; and
WHEREAS, at sald hearing all wrltten and oral pro~ests
made or flIed were duly heard, evidence for and against the
proposed action was received, a full, fair and complete hear-
ing was granted and ileld, and the City Council is fully
advised in the premlses; and
WHEREAS, at said hearing all protests, both written and
oral, made or flIed were duly overruled and denied and thlS
City Councll determlned that there is no ma]Orlty protest
withln the meaning of Streets and Hlghways Code Sectlon
36023,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 3 of Ordinance Number 725 (CCS) is
amended to read as follows:
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Section 3. That the use to
which the proceeds of the additional
business license tax, less flve per-
cent (5%) thereof as the cost of col-
lection, shall be put is the payment
of contract fees to the Santa Monica
Chamber of Commerce for general promo-
tion of retall trade activltes in the
area as prescribed by contract
between the City and sald Chamber of
Commerce.
SECTION 2. Any provision of the Santa Monica Munlcipal
Code or appendlces thereto lnconsistent wlth the provisions
of this ordinance, to the extent of such inconsistencles and
no further, is hereby repealed or modified to that extent
necessary to affect the provls1ons of this ordlnance.
SECTION 3. If any sec~lon, subsection, sentence,
clause, or phrase of thlS ordlnance is for any reason held to
be invalid or unconstltutlonal by a decision of any court of
competent Jurisdiction, such declslon shall not affect the
valldlty of the remaining portions of the ordlnance. The
City Council hereby declares that it would have passed thlS
ordlnance and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutlonal
wlthout regard to whether any portion of the ordlnance would
be subsequently declared invalld or unconstitutional.
SECTION 4. The Mayor shall sign and the Clty Clerk
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shall attest to the passage of this ordinance. The City
Clerk shall cause the same to be published once In the offi-
clal newspaper wlthin 15 days after its adoptlon. The ordi-
nance shall become effectlve on the date of its adoption
pursuant to Section 619 of the Santa Monlca City Charter.
APPROVED AS TO FORM:
~.-' ~ t ,__ _ ____
~w~"ct ~" ~
ROBERT M. MYERS <:J
City Attorney
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ADOPTED AND APpqOVED THIS
13t.h
DAY
OF
Octob er
, 1 981 .
n f1
l . ~ it /1 ~/:
lfL~~,!4~~vYWOJI
U MAYOR U
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO.1228(CCS) , WAS DULY AND REGULARLY INTRODUCED AT A
11EETING OF THE CITY COU14CIL ON THE
13th DAY OF Octobe r .
1981; THAT THE SAID ORDINAr~CE ~~AS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 13th DAY OF October,
1981 SY THE FOLLOloJING cour:c IL VOTE:
AYES: counCILMEMBERS:
Conn, Edwards. Press. Reed,
Zane, Mayor Yannatta Goldway
NOES: COUNCILME~BERS:
Kone
ABSENT: COurtCIU1Et1CERS:
Jennings
A B S TAl tJ : CO U i"1 C I L ~~ E i1 B E R S :
None
ATTEST:
;;
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CITY CLERK
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PROOF OF PUBLICA liON
(2015.S c.c.p )
STATE OF CALIFORNIA,
County of Los Angeles,
1 am a citizen of the United States and a
resident of thE' County aforesaId, I am over
the age of eighteen yen"-S. and not a party to
or mterested In the above entitled matter I
am the prmclpal clerk of the printer of the
E'lmING OUTLOOK
a newspaper of general Circulation, pnnted
and puhllshed. ~.~i~y ex~ep~ ~~~.a~ ..
SANTA MONICA
In the City of
County of Los Angeles, and whICh
newspaper has been adjudged a newspaper
of general CIrculation by the Superior Court
of the County of Los Angeles, State of
California, under the date of ~~~..~~ 19 .~1,
Case Number . ~~4~~? . ,that the notIce,
of which the annexed IS a prmfed copy [set
In type not smaller than nonpareil), has
been published In each regular and entire
Issue of said newspaper and not In any
supplement thereof on the fallowmg dates,
to-WIt
Oct 22
all In the year 1981
I certify (or declare) under pena Ity of
perlury that the foregomg IS true and
correct
Dated at
SANTA MONICA
callfor~la,th s (;.-;t 22 < 1981
- "
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Signature
fOree cop,e$ of thl$ blAnk form mAV be $.cured from
CALIFORNIA NEWSPAPER SERVICE
BUREAU,INC
Legal Advertlsmg Clearing House
South Spring St , Los Angeles, Calif 90012
Telephone: 625-2141
Please request GE NER AL Prool 01 Publlutlon
when Qrclerln!l thIS torm
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ness,:'lni~__t-Area--urw.:m._ ~N'
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was ~befor~dbe:CitY'~_,. ~"n." ,
l!18l, aftbe.heur 1tf t,:-JD ;P~~i Ur~'C~~
Cbambers' m' City-lJBH~ 1I81HfI1Hli~~ta .
Monica; and < ", : . , c . - : - .
WHER:EAS;at sB!dbWlq;'__~.~' -~ ,'.
1110testS:made or fifed""mut\tlt~.~ - ,
_' for md:agaJnst~~".'~Jflt!t, .
~::::.r==~~:.c.-=~ -_~-
pr~=~ at'~ ~ju'JIo~' bOGi ,:"
~ ~ltten ~ rnl, niack.r~ wm. \tIily'-.wr. "
L -Charter. ."...;. ~ ~ ""J~
Adopt~ and ApprO\{ed tJus-13th.Day ot October,
1981 '. .
,-s, RL'THYA'NN}\TTA (SO[J)WAY ~"
, Maym-'
I herooy ~ertify tlJat'~. f9JeJOlrtJ ~djnafl.ce '
No 1223 (CCS}. \Vas~ _~rly mtr-oduced .;..
at a meetmg of the CityCOlUiclNm Ute 13th day of
Oetober. 1931: tbaf.. _ -sa~, ()tdlRanee \QS
thereafter dtlly a&lpted jt.1lll'l~g.Qf the: City
Cauncll ~n the'13th_daY of October. liB1 bye tile
following counci vote'.. . '"".' '
4.YES: COl!NCI~~,Cmut. EdwardS,
- Press~~,'"Zane, ~"yamJaitaGoidw&y
l\'OES', u}lJNClL~VWRS:' None -.
ABSENT: couNCn.MEM:~~ Jei'MUngS
ABSTAIN: COUNClUI~ N9ae: '
, , ' , A"I-t~:
: III ANN 1\ SlIt)iE:
". ,ettyC1erk
'1~
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Pub, Oct 22-1981