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SR-213-002 (2) e .2/3-002..- e 1'( OO:J CA : R!'-1JVl: rroproI1lI'13 City Councll Meetlng 2-28-84 Santa Monlca, Callfornla STAFF REPORT 14 -- L> fEB 28 1984 TO: Mayor and City Councll FROM: City Attorney SUBJECT: Resolution of Intention to Establish Main Street Parking and Business Improvement Area At its meeting on Janaury 24, 1984, the Clty Council adopted a resolutlon declaring its intentlon to establish a parklng and bus lnes s lmprovement area on l\1ain Street. Tn e resolutlon scheduled a public hearing on the establlshment of th~ area for February 14, 1984. At the time scheduled for the public hearlnq, the Clty Councll directed the Clty Attorney to return a new resol ut lon of lntention followlng dlS cus s ions wi th the ChaMber of Commerce. This Staff Report transIDlts that new resolutlon of intention. Under the Parking and Bus ines s Improvement Area Law of 1979, Streets and Highways Code Section 36500 et seq., the Clty Councll rrtay establlsh a parking and business improvement area and levy as ses sn.ents ln such area for var ious bus ines s promotion activitles. Prlor to the establishMent of such an area, a resol ution of lntentlon Must first be adopted settinq a public hearing on the proposed parking and buslness lmprovement area. The aCCompanYlng resolution contains the followlng prinClpal provisions: (.-1) FCB 2 i) b.. 1 e - 1. A parking and buslness lmprovement area lS proposed to be establlshed on Main Street from Pleo Boulevard on the north to the south Cl ty lirrti ts on the south and on Ocean Park Boulevard, Hlll Street, Ashland Avenue, Kinney Street, Pler Avenue, and Marlne Street between Neilson Way on ~he west and Second Street on the east. 2. All businesses in the area would pay an assess~ent as follows: A. For any person holding a retail sales tax permit, one-tenth of one percent of total taxable sales payable on May 15 of each year and base" UDon the total taxable sales during the twelve month perlod of January 1 through December 31 preceding the May 15 payment date. The waximu~ assessment shall not exceed $1,000.00 in any year. B. For any person not holding a retail sales tax permit and who has been issued or requires a buslness license from the City, $300.00 payable on May 15 of each year, except that any person holding onlv a bUSlness llcense or licenses under Municipal Code Sections 6219 or 6219A, or both, sha 11 not be requ1red to pay such assessment. c. The penalty for non-payment of the assessment on the due date shall be 10% of the amount of the assessment plus an addl.tional 5% of the amount of the assessment for each month or portion thereof that the assessnent is unpaid after the due date. D. The assessrrtent shall not apply to any person operating a business from his or her princlpal place of residence withln the parklng and bUSlness improvement area and for WhlCh a 2 e e home occupation perput has been issued ln accordance with the provlsions for Artlcle IX of the Santa Monica Municlpal Code. 3. The proceeds of the assess~ent would be ut1lized for general buslness prowotion in the area by way of a contract City. the Cl ty and an organization that The Clty would retain 5% for is auproved by collection the and between adminlstratlon. The Monies collected by the assessment can be used for no purpose other than business promotion ln the area. 4. A public hearing is scheduled for March 27, 1984. RECOMME~DATIO~ It 1S respectfully recomMended that the accOrrtpanYlng resolution be adopted. PREPARED BY: Robert M. ~yers, Clty Attorney 3 ") o .... - --.l .... ;., r. 11 .J 1l -I :l ... J. 1) ,. -I l.l .J 1) .... .. :> - ,., l.l ~ ~ :J -' -' ... - J 11 J :1 :J j 11 D :j :T D .... D J -I ... ... :J Il ,., 1) ... :J J ~ ... .... >. ...., 0-1 ..) ... o (oj j-J ;.... Q n o :::::::: e e BEFORE DISTRIBUTION CHECK CONTENT OF ALL FO~ CITY C~ERK'S ACTIO~ DISTRI.BUTION OF RESOLUTION # ~ ORDINA.\iCE # CouncIl Meeting Date 2 - 2? Introduced: 7h0-"'Y1 'Jlf- Adopted: :Ie ALWAYS PliBLISH j~.ooPTED ORDI~>\NCES Agenda IteM it C?-j) o Was It amended? VOTE: AffirmatIve, Negative: Abstain' Absent: ilJJ 7 -- DISTRI3UTIO:\- ORIGIKAL to be SIgned, sealed and filed In Vault. XEWSPAPER PUBLICATION (Date: ) ) Department originatIng staff report ( Ma~age~ent Services Lynne Barrette -urdlnances only 1 Agency mentIoned In document or staff report (certifIed?) Subject fIle (agenda packet) 1 Counter flle . I Others- - AIrport Parking Auth. AudItorum Personnel BUIldlng Dept. Planning EnvIron. Servo Police (en- forcemen t 1) Finance PurchaSIng FIre Recr/Parks General Servo Transportation Llbrary Treasurer Manager Ir t~ 'rt~ I SE:\D FOUP, COPE:S OF ALL ORDI~A~CES TO: CODfD SYSTDlS, Attn Peter Maclearie 120 J1alTI C:tr~et AV0'1. :~e'...' Jersev _07717 , . r I I SE)JD FOUR COPIES OF AU. ORllTN.L\\Jrrs 30: PRISIDI:\G JUDGE SA~TA MONICA MU~ICIPAL COURT 1725 /'.fAIN STREET SA~TA ~O~ICA, CA 90401 TOTAL COPIES J e Cln.F SANTA MONICA CALIFORNIA CITY CLERK 1685 Main Street, Santa MOnica, California 90401 :"2131393-99-'5 March 6, 1984 Attached lS a Resolution which notlfies certa1n Business license holders of the City's intention to create a bene- flc2al assessment district. The purpose of this district is to create funds for business promotion activities. ~mile it is called a "Parking and Business Improvement Area", please do not be confused. The district is belng created for the sole purpose of promoting businesses lo- cated within the district and will not generate funds nor have any impact upon the public parking in these areas. The misleading name is used only because of a legal necessity. Please read this Resolution of Intention, since, if created, th1s district will result in an assessment of your bUS1ness. The Public Hearing before the City Council will take place in the evening on March 27, 1984. Q,e:: 'In x:/A{MJ-r Ann M. Shore City Clerk AMS:Jj Attachment e e CA: RMM: rmpromm3 City Council ~eetlng 2-28-84 Santa Mon~ca, California RESOLUTION ~MBER 6826(CCS) (City Council Series) A RESOLUTION OF THE CIT~ COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTE~TION TO ~STABLISH A PARKING &~D BUSINESS IMPROV~EME~T AREA IN TSE ~AIN STREET AREA, TO P~OVIDE FOR THE LEVY OF AN ASSESSMENT THEREIN, AND SETTING THE TI~E AND PLACE OF HEARING TO CONSIDER THE ESTABLISHME~T OF SUCH AN AREA WHEREAS, the Parking and Business Improvement Area Law of 1979, Streets and Highways Code Section 36500 et seq., authorizes the City of Santa Monica to levy assessments on businesses within a park~ng and business iMprovement area which is in addit~on to any other assessments, fees, charges, or taxes and to use such proceeds for the benefit of businesses within the park::Lng and business improvement area for such purposes includ::Lng the general promotlon of bus~ness activities in the area; and HP-EREAS, bus::Lnes ses on Main Street have :::;equested t~'1at t:-:.e City Counc::Ll estab11sh a Dar~ing and business improvement area; and tVHEREAS, the C~ty Counc::Ll desires to establish a park1ng and bus::Lness 1rnprovement area on Main Street from P1CO Boulevard on the north to the south ci ty liMits on the south and on Ocean Park Boulevard, H~ll Street, Ashland Avenue, Kinnev Street, P1er , ~ - e Avenue, and Marine Street between Neilson ~ifay on the '.vest and Second Street on the east, NOW, THEREFORE, THE CITY COUNCIL OF l'HE CITY OF SANTA ~ONICA DOES R~SOLVE AS FOLLOWS: SECTION 1. The City Counc11 hereby declares 1tS intention to establish a park1ng and bUS1ness U''l.orovement area under and pursuant to the Parking and Business Imorove1"1ent Area Law of 1979. SECTION 2. The boundar~e s of the proposed par'<ing and business improvement area are described as follows: BUS1nesses located on property bordering on either side of Main Street from Pico Boulevard on the north to the south city I1mits on the south and on either side of Ocean Park Boulevard, Rill Street, A.shland Avenue, Kinney Street, Pier Avenue, and ~arine Street between Nellson Way on the west and Second Street on the east. SECTIOt-T 3. The City Counc~l proooses, in add1tion to any other assess~ents, fees, charaes, or taxes, to le~J an additional assessment 1:1 the par"k:ing and business J.mprovement area as follows: A. For any person holding a retail sales tax permit, one-tenth of one percent of total taxable sales payable on May 15 of each year and based upon the total taxable sales during the twelve !":onth Deriod of January 1 through December 31 preceding 2 e e the May 15 payment date. '!'he max~mum as ses sment under th~s subdivision shall not exceed S1,OOO.00 in any year. B. For any person not holding a retail sales tax perMit and who has been issued or requires a business license from the City, $300.00 payable on ~ay 15 of each year, exceot that any person holding only a bus~ness license or licenses under Municipal Code Sect~ons 6219 or 62l9A, or both, shall not be requlred to pay such assessment. c. The penalty for non-paYMent of the assessment on the due date shall be 10% of the a~ount of the assessment plus an additional 5% of the amount of the assessment for each month or portion thereof that the assessment is unpaid after the due date: D. The assessment shall not ap~ly to any person operating a business from his or her principal place of residence w2thin the park2ng and bus2ness iMprovement area and for which a home occupation permit has been issued in accordance w~th the provis~ons for Art~cle IX of the Santa Monica Munic~pal Code. SECTION 4. The proposed use to which the proceeds of the assessment, less 5% retained by the Clty for t!1e cost of collect~on and admin~s"t.ration, shall be put is the general promotion of busi::less acti'l~tles in the area to be provlded by contract between the City and an organization that is approved by the C2 ty. The proceeds of the assessment may be Llsed only as provided ln this Section. SECTION 5. Notice ~s hereby given that on March 27, 1984, at the hour of 7:30 n.m., in the City council Chambers located in City Eall, 1685 Main Street, Santa ~onica, Californ~a, a hearing 3 e e will be held by the City Council to consider establishment of the parking and business improvement area as herein proposed. Any business within the proposed area, or any other interested person, having any objection to the establishment of the proposed area or to any other action proposed herein may file a written orotest with the City Clerk not later than the hour so fixed for hearing. SECTION 6. The City Clerk shall cause this Resolution to be publisht!d once in a newspaper of general circulation in the City of Santa Monica and shall cause a complete copy of this Resolution to be mailed, postage prepaid, to each business ~n the proposed area. Publication and mailing shal'l be completed at least 10 days prior to the date of the hearing. SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~-. Robert M. Myers City Attorney 4 It e ADOPTED AND APPROVED THIS 28th DAY OF Fe~ruary , t 984 . ~ MAYOR r HEREBY CERTIFY THAT THE FOREG~ING ~ESO~u;ION NO_ 6826 (CCS) WAS DULY AOOPTEIJ BY THE CITY COUNCIL OF THE " ~ CITY OF SANTA MONICA AT A MEETING TH[REOF HELD ON February 28 I , 1984 BY THE FOLLOWING COUNCIL VOTE: . AYES: COUHCILMEMBERS: Conn, Epstein, Press, Jennings, Reed, Zane and' Mayor Edwards NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMSERS: None ATTEST: ~17~ CITY CLERK