Loading...
SR-213-001 (5) - .2/3-PEJ/ e 1-8 OCT 1 3 1981 CA:RMM:r City Council Meeting 10-13-81 Santa Monica, California ~ '""'" 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 '7-8 OCT 1 3 1981 e ~ D(STRIBUTION OF RESOLUTION Ii PZt)" CouncIl MeetIng Ddte Agenda ltem if Was 1t amended? ~"l.----Z) C G (~/.2 2. VOTE ~ Aff1rmative: Negut1ve: Ab~tain: Absent: sealed /ftd flIed 1n VauI t. _ ( c-U/U' -l~) ) ~ / .. / '.v/ ~~--~- / / (mHflc~~) ~:~ DISTRIBUTION: -(") /1' ~- ORIGINAL~to be SIgned, NEWSPAPER PUBLICATION (Date: e ORDINANCE ~ Introduced; Adopted: Ct? if Department origInating staff report ( CIty Attorney ~ W.d:l.. -r:tz...,;t, ~:) Agency ~~{~o~e.d l_~ ~~oc~~e~~~~_~:},~~~:~!~~rt ; Subject fIle (agenda pa~ket) Counter [lIe Others: Alrport -~ -~-~ ~~ _Auth'; Personn~l AuJ1.torum BuilJing u<:pt. Planning [nV1Ton. Servo -~-<..~ \ . (folJlJnce) _ ,,~~~ ..... - ------... . J. - ~ j2j,... -e. ,..!( fI { }t, -;:: ~ "'------- ~/ General Servo r I I f PolIce (eu- f 0 rcelllenJ ?) / Bl /- / v' I j Purchasing Recr/P~rk.s TransPQTtation Library Treasurer Manager /? 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 I / \I , ./' Li _ v r: Others: i TOTAL COPILS j22g /.0 r / ~ -J /' ,q -/ J -i'i~ r -, \ ~. . ~ ~ ~ t / "\ / j. ,,.-' -' j l~ e ~ rr-\ .e- I I ! .,------. '-...L1...J "--l.. /-.w :\N.1 \ ~ iI- ..' L!l 1 I ...L~ \10' i ~ ; \. , , ..., . -L.....l.. ___ - ~ r !".-- -.. -.-.. ...... -... L ',--- _ \..1-...':"- '-- ~'\._', L-\. 16 35 ~\tlln ~ ~ _ _>~: 3..... ~ . ~ 0 -' __ .... -..:.... ~ (.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 e e 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; - e 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 -2- e e ~ 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 -3- e '- .. 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~!__,~~ __ ~_ _~_'__ _ ~ e e 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 ~. e e 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: -2- .~ e e ~ 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 -3- e e 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 -4- T -t" . 4 ~ e e 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: ;; L---~~-Z- < <-. /'1 ~ ;:--.17, l //J h " ;; v ~ vLL=C..-/Lz___ CITY CLERK T 9 e '\ 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 - " . .... ...~ ~,~~k~ 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 T ,- ~. - ~:~i<~"~~:T~~~~-~~:~ - ~~~"J;-- ,< " " . . . tQIy" , ' -,' , - o_',ANQlU)l~ ~~...' .~, THE' Qff. OF'~. ,~ . -, , - -Q.RDJfIiANtE ' 'c-~'~~::~i==':' :<g~" ,,~,,:...,.: ~'_ ,-- - WHEttSAs, -.S~~~~ _;.'<. ~-. :. ' ',genera!e' ~.: ftlrr .... ..JId~C' nti!OIUJf >. -~-.'~=r~t;~~~., .:',' _.'(CCS~ ~,_~,.n__llr ';'-- ~--' - ~:~:e::~~' h =,".~.: '. .'. ~~,:,.' _' . ;Chambir,'ot -~ _.' ~"f-rh-~ ;" _, . - tbereofaS-tlmco5'lof~"~:;/-:~': . - ,'> .', -,'\VIIER'Eu.. tH':a "'~~~~~',_i--":' : eeeds:one~, ;.. ' ",," .--.: - _ "--, - ,;. WHEltW ' .... '-tetQ~.~_ - '. ~-~~~~~~~'~';~--~ \I, :niert:barrtS~"'~ .j--.' .:. :"','-:. --. ,~Eft&\~; on:~.*,'_'~,~ " ,-'~nell~.~...~_~)-,,'~ . -' , entttte(P'A R~'.Qf_,~.~'OttM Cli", of Santa Mrn..LO... ". ' :'~-'''',' A~@d~~~"'. . .~, lliel1stn)f=tJte. ~_ - , .' . - 'PUt.~ " " - aml~:'''''.~~ .,.~ c.f~"D mt . n~." ._~_ Pl'Ol11OtlO([}"; .'- _' -. ' -', > - - , . _ . ~~~~1CCS)"'~.' - -duly p~ished. ami ~-~~ ~. ~ -, ' - maIlGd.; "llias~._.'~&."'~1~ ness,:'lni~__t-Area--urw.:m._ ~N' HiPays~SecUotr"=l" - vtHEaEAS-, as~~ iB. -'. ~ _, . .1(~h~'~"_G:,:. ':~*, - . 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~ ". PI Pub, Oct 22-1981