SR-213-002 (5)
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JAN 2 <i 1984
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City Councll Meetlng 1-24-84
Santa Monica, Callfornla
STAFF REPORT
TO:
Mayor and City Councll
FRO!\1:
Clty Attorney
SUBJECT:
Resolutlon of Intention to Establish Maln
Street Parking and Business ImproveMent Area
At its meetlng on January la, 1984, the Clty Council
adopted a resolutlon settlng a publlC hearing on on the
establishwent of a parklng and business improvement area on Main
Street.
This Staff Report recomMends that the Clty Council adopt a
new resolutlon to correct three problems recently dlscovered wlth
the adopted resolutlon:
1. The Flnance Dlrectar has lndlcated that the wording of
the resolutlon would require that commercial and residential
rental businesses would be subJect to the flxe~ assessment levien
on businesses wlthout a retall sales permlt.
Slnce thlS is not
the practice in the existing parking anif business improverrtent
areas, the revlsed resal utian provir'les an exempt ion for tl-tese
bUSlnesses.
2. The bounnaries of the assessment distrlct are clarlfie0
to ~ndica te that the as sessment wlll be levied on any buslness
located on property that bon'lers on Maln Street,
reoardless of
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Whether or not the property fronts on Maln Street or on one of
the intersectlng streets.
3. The houndary lndicates that the eastern boundary 1S
Second Street.
Slnce Second Street n.oes not eXlst north of
Ocean Park Boulevard, the eastern boundary has been revised.
The adoptlon of revlsed resolution wlll not change the date
of the hearlng scheduled for February 14, 1984.
RECOMMENDATION
It 1S respectfully recommended that the accompanYlnq
resolutlon be adopted.
PREPARED BY:
Robert M. Myers, City Attorney
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CA: RMM: rmpromm
C~ty Counc~l ~eeting 1-24-84
Santa ~on~ca, Callfornia
,
RESOLU~ION ~ru~BER 6811(CC5)
(C~ty Counc~l Serles)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ~ONICA
DECLARING ITS I~TE~ION TO ESTABLISH A
PARKING AND BUSINESS I~PROVEMENT AREA
IN THE MAIN STREET AREA, TO PROVIDE FOR 7HE
LEVY OF AN ASSESSMENT THEREIN,
~TD SETTING THE TI~E AND PLACE
OF HEARING TO CONSIDER THE ESTABLISHME~IT
OF SUCH AREA
WHEREAS, the Parking and Business Improvement Area Law of
1979, Health and Safety Code Section 36500 et s~q., authorizes
the C1ty of Santa Monica to le'rY assessments on businesses W1thin
a parking and business improvement area which 15 in addition to
any other asseSsMents, fees, charges, or taxes anc to use such
proceeds for the beneflt of bUS1nesses wlt1un the par\ang and
business lrnproveMsnt area for such purposes lncludln~ t~e aeneral
promot~on of ~us~ness actlvities in the area; and
WHEREAS, bus~nesses on ~a1n Street have requested that t~e
City Council establish a !,arking and bus~ness improvement area;
and
~vHEREAS, the City Counc~l des ires to estal--lish a nar"<~ng
and buslness ~mprovernent area on ~ain Street frOM P~co Boulevard
on the north to Marine Street on the south and on Pica Boulevard,
Say Street, Bicknell Avenue, Pacific Street, Strand Street,
Hollister Street, ~orman Place, Ocean Park Boulevard, Rill
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Street, Ashland A.venue, K~nney Str-:!et, Eller Avenue, anC! '1a=ine
Street between ~e~lscn Way on the west and Second Street an ~~e
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::iOW, THEREFORE, THE C !TY COUNC IL OF T3E C I~Y nF Sl1,SJ'!'A
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1.
The City Council hereby declares its intention
to establ ish a parking and bus~ness ~mprovement area under and.
pursuant to the Parklng and 3USlness Improvement Area Law of
1979.
SECTION 2.
The boundaries of the proposed parklnq and
bUSlness lmprovernent area are desribed as follows:
Businesses located on properties that border
on elther side of Main Street from P~co
l30ulevard on the north to Marine Street on
the south and on either side of Ocean Park
Boulevard, Hill Street, Ashland. Ave~ue,
Klnney Street, Pier Avenue, and ~ar~ne Street
between Ne~lson Way on the west ant'!. Second
Street on the east.
SECTION 3.
The Ci~y Council proposes, ~n additlon to any
other assessments, fees, charges, or taxes, to levy an addit~onal
assessnent in the proposed park~ng and hus~ness LMprovement area
as follows:
A. For any person hold~ng a reta~l sales tax perm~t,
one-tenth of one percent of total taxable sales payable on Apr~l
1 of each year and based upon the total taxable sales during the
twelve month per~od of January 1 through December 31 precedlng
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the April 1 payment date. The rrtaxi.:num assessment unde:- th~s
subd~v~s~on shall ~ot exceed Sl,OOO.OO ~n any year.
B. For any person not hol~lng a retall sales ~ax
per!!'it and who has ceen ~ssued or requ1res a bUSl:leSS llcense
from the City, $300.00 payable on Apr~l 1 of each year, except
that any person holding only a business l~cense or licenses under
Municl.pa1 Code Sections 6219 or 6219A.. or 'both, shall ~ot be
required 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
additional 5% of the amount of the assessment for each month or
portion thereof that the assessment is unpal.d after the due date.
D. The assessment shall not apply to any person
operatlng a buslness froM h1S or her princ1pal place of residence
within the proposed parking and business improvement area and for
WhlCh a home occupat~on permlt has been issued in accordance w~t~
the prov lSlons of Artie Ie IX of the Santa :~on~ca ~1unlcipal Code.
SECTION 4. The proposed use to Which the proceeds of the
assess~ent. less 5% for the cost of collectiorr and
admin~stratlon, shall oe put ~s tr.e general ?romotion of busi~ess
act1v1ties in the area to be provlded by contract between the
City and an o!"qan1zation that 1S approved by a :rlajor~ty of
businesses within the proposed parking and husiness inprovel"lent
area that part~cipa te 1n a selection procedure approvel! by the
City.
SECTION 5. Notice is hereby given that on February 14,
1984, at the hour of 7: 30 p.n., in the Clty Council Chambers
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located 1n City Hall, 1685 Ma1n Street, Santa Mon1ca, Ca11~orn1a,
a hearing w1ll oe held by the City Counc11 to consi~e~
establlshment of the parkinc;r and bus 1ness !.l""lprovemen t ar ea as
hereln proposed.
Any busl.:1ess wi thin the !)roooser1 area, or any
other l.nterested person, havl.ng any
establ1shrnent of the proposed area or to
proposed herein may file a wrl.tten prot~st
not later than the hour so fixed for ~earing.
SECTION 6. T~e C1. ty Clerk shall cause this Resol ution to
be publlshed once in a newspaper of general circulat10n 1.n the
Ci ty of Santa Monica and shall cause a complete copy of this
Resolution to be mailed, postage prepaid, to each bus1ness 1n the
proposed area. Publica tion and mailing shall be completed at
least 10 days prlor to the date of the hearing.
obJection to t~e
any other action
with the City Clerk:
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SECTION 7. Resolution Number 6798 (CCS) ~s repealed.
SECTION 8. The C~ty Clerk shall certify to the adoption of
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this Resolut1on, and thenceforth and thereafter the same shall be
1n full force and ef=ect.
APPROVED AS TO FOR.~:
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Robe rt M. Myers
C1ty Attorney
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ADOPTED AND APPROV~D iHIS
24th
DAY
1F Ja'lL:.ary
t 1 984 .
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MAYOR
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTIon
NO. 6811(CC5) .WAS DULY ADOPTED BY THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON
~ra:1UaT"t.,~ ~.!
J 1984 BY THE FOLLOWING COUNCIL VOTE:
AYES:
1 COUNC I LHEHBERS:
Conn, Epstein, Jenni~gs, Press,
Reed, Z~ne and ~ayor Edhards
NOES: COUNCILMEMBERS: Xone
ABSENT: . COUNC I LMEMB E RS : None
ABSTAIN: COUNCILMEMB2RS: Nene
ATTEST:
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CITY CLERK
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