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