SR-213-002 (4)
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Clty Cauncll Meeting 2-14-84
FEB 1 4 \984
Santa Monlca, California
STAFF REPORT
TO:
Mayor and Clty Councll
FROM:
Cl ty Attorney
SUBJECT:
Ordlnance Establishlng Maln Street Parklng and
Buslness Improvement Area
At ~ts meetlng on Janaury 24,
1984, the Clty Councll
adopted a resolutlon declarlng ltS intentlon to establlsh a
parklng and business lmprovement area on Main Street. The
resolutlon scheduled a pub11C hearlng on the establishment of the
area for February 14, 1984.
Under the Parking and Business Improvement Area Law of
1979,
Streets and Hlghways Code Sectlon 36500 et seq., the City
Council may establish a parklng and buslness lmprovement area and
levy assessments in such area for various bUS1ness promotion
actlvltles.
Prlor to the establishment of such an area, a
resolutlon of lntention must flrst be adopted settlng a publlC
hearlng on the proposed parklng and buslness lmprovement area.
ThlS resolutlon of lntentlon was adopted On January 24, 1984.
The accompanYlng ordlnance contains the followlng prlncipal
provlslons:
1. A parking and business improvement area lS estab11shed
on Maln Street from P1CO Boulevard on the north to Marine Street
on the south and on Ocean Park Boulevard, Hlll Street, Ashland
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Avenue, Klnney Street, Pler Avenue, and Marlne Street between
Neilson Way on the west and Second Street on the east.
2. All businesses ln the area would pay an assessment as
follows:
A. For any person holdlng a retall sales tax permit,
one-tenth of one percent of total taxable sales payable on Aprl1
1 of each year and based upon the total taxable sales during the
twelve month period of January 1 through December 31 preceding
the April 1 payment date. The maXlmum assessment shall not
exceed $1,000.00 in any year.
B. For any person not holding a retall sales tax
permlt and who has been issued or requires a bUSlness license
from the Clty, $300.00 payable on April 1 of each year, except
that any person holdlng only a business llcense or 11censes under
Munlclpal Code Sections 6219 or 6219A, 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 amount of the assessment plus an
additlonal 5% of the amount of the assessment for each month or
portlon thereof that the assessment is unpaid after the due date.
D. The assessment shall not apply to any person
operatlng a bUSlness from hlS or her prlnclpal place of residence
wlthln the parklng and bUSlness lmprovement area and for WhlCh a
home occupatlon permlt has been lssued In accordance with the
provislons for Artlcle IX of the Santa Monica Municipal Code.
3. The proceeds of the assessment would be utilized for
general buslness promotlon in the area by way of a contract
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between the C1ty and an organlzation that lS approved by a
ma]Or1ty of bUSlnesses wlthln the proposed parking and buslness
improvement area that participate ln a selection procedure
approved by the C1ty. The C1ty would retain 5% for collection
and adminlstrat~on.
BUSlnesses in the parklng and business lmprovement area
have indlcated a deS1re to have the Santa Monlca Area Chamber of
Commerce assume responsiblllty for admln1ster~ng the buslness
promotlon program. Accordlngly, in connectlon with the
establlshment of the parklng and bUSlness improvement area, a
contract has been prepared between the City and the Santa Monlca
Area Chamber of Commerce for admlnlstratlon of the proceeds of
the assessment.
RECOMMENDATION
It ~s respectfully recommended:
1. That the City CounCll conduct the public hearing.
2. That the City Councll introduce for first readlng the
accompany~ng ordinance.
3.
That
the
C~ty
Counc~l approve the accompanying
agreement between the Clty of Santa Monica and the Santa Monlca
Area Chamber of Commerce.
PREPARED BY:
Robert M. Myers, C~ty Attorney
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