SR-213-002 (8)
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CA:RMM:rmpromrn
Clty Councll Meetlng 1-10-84
Santa Monica, Callfornla
STAFF REPORT
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JAM 1 I.} \954
TO: Mayor and Clty Councll
FROM: C1ty Attorney
SUBJECT: Resolutlor' of Intentlon to Establlsh Maln
Street Parklng and BUSlness Improvement Area
At lts meetlng on July 12, 1983, the Clty Councll dlrected
the Clty Attorney to prepare an ordlnance establlshlng a parklng
and bus1ness lmprovement area on Maln Street.
In response to
thlS d1rectlon, the accompanYlng resolutlon of lntentlon has been
prepared and lS presented for Clty Councll conslderation.
Under the Parklng and BUSlness Improvement Area Law of
1979,
Streets and Hlghways Code Section 36500 et seq., the Clty
Councll may establlsh a parklng and buslness lmprovement area and
levy assess~ents In such area for various bUSlness promotion
act1vltles.
Pr10r to the establ1shment of such an area, a
resolutlon of 1ntention ~ust f1rst be adopted settlng a pub11C
hearlng on the proposed parklng and bUSlness lmprove~ent area.
The
accompanYlng
resolutlon
contalns
the followlng
prlnClpal prov1s1ons:
1. A parklng and buslness lmprovement area lS proposed to
be establlshed on Maln Street from P1CO Boulevard on the north to
Marlne Street on the south and on Pleo Boulevard, Bay Street,
Blcknell Avenue, Paclflc Street, Strand Street, Hol11ster Street,
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Norman Place, Ocean Park Boulevard, Hill Street, Ashland Avenue,
Klnney Street, Pier Avenue, and Marine Street between Neilson Way
on the west and Second Street on the east.
2. All bUSlnesses in the area would pay an assessment as
follows:
A. For any person holdlng a retail sales tax permit,
one-tenth of one percent of total taxable sales payable on Aprll
1 of each year and based upon the total taxable sales durinq the
twelve month period of January 1 through December 31 preceding
the April 1 pay~ent date. The ~aXlmum assessment wlIl not exceed
$1,000.00 1n any year adjusted as provioed below.
B. For any person not holdlng a retall sales tax
perm1t and who has been issued or requlres a buslness llcense
from the City,
$300.00 payable on April 1 of each year and
adJusted as prOVided below.
C. On April 1, 1985, and on each April 1 thereafter,
the $1,000.00 maXimum assessment provlded for in subdiViSion A
above and the $300.00 assessment prOVided for in subd1vision B
above shall be increased by a percentage equal to the percentage
increase in the Consumer Price Index for All Urban Consumers for
the Los Angeles-Long Beach-Anaheim Metropolitan Area as lssued by
the Unlted States Department of Labor from January 1 through
December 31 of the year prior to which the assessment is due.
D. The penalty for non-payment of the assessment on
the 0ue 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 unpaid after the due date.
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E. The assessment shall not apply to any person
operatlng a buslness from hlS or her prlnclpal place of resldence
w~thln the proposed parklng and bUSlness improvement area and for
Wh1Ch a home occupat1on permlt has been lssued in accordance with
the prov1s1ons of Article IX of the Santa Monlca Mun1clpal Code.
3. The proceeds of the assess~ent would he util1zed for
general bUs1ness promot1on 1n the area by way of a contract
between the Clty and an organ1zat1on approved by a major1ty of
bU51nesse5 1n the area. The Clty would reta1n 5% for collectlon
and adm1nlstrat1on.
4. A hear1ng on the establ1shment of the proposed park1ng
and bUS1ness 1mprovement area 15 set for February 14, 1984.
RECOMMENDATION
It lS respectfully recommended that the accompanY1ng
resolut1on be adopted.
PREPARED BY:
Robert M. Myers, C~ty Attorney
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CA: R.."4M: rm pr cmm
Clty Councl1 Meetlng 1-10-84
Santa Monlca, Callfornla
RESOLUTION NUMBER 6798 (CCS)
(Clty CaUDell Serles)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO ESTABLISH A
PARKING AND BUSINESS IMPROVEMENT AREA
IN THE MAIN STREET AREA, TO PROVIDE FOR THE
LEVY OF AN ASSESSMENT THEREIN,
AN"D SETTING THE TIME AND PLACE
OF HEARING TO CONSIDER THE ESTABLISHMENT
OF SUCH AREA
WHEREAS. the Parklng and BU51ness Improvement Area Law of
1979, Health and Safety Code Seetlon 36500 et seq., authorizes
the City of Santa Monica to levy assessrr.ents on businesses within
a parking and business improvement area whieh is in addition to
any other assessments, fees, charges, or taxes and to use such
proceeds for the beneflt of bUSlnesses within the parking and
buslness improvement area for such purposes including the general
promotion of buslness act~vitles in the area; and
WHEREAS, businesses an Main Street have requested that the
City Council establish a parking and business improvement area;
and
WHEREAS, the City Council desires to establlsh a parking
and buslness improvement area on Main Street from Pico Boulevard
on the north to Marlne Street on the south and on Plea Boulevard,
Bay Street, Bicknell Avenue, Pacific Street~ Strand Street,
Hollister Street, Norman Place, Ocean Park Boulevard, H~ll
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Street, Ashland Avenue, K~nney Street.
P~er Avenue, and Marine
Street between Ne~lson Way on the west and Second Street on the
east,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. ~he City Councll hereby declares lts intention
to establish a parklng and business improvement area under and
pursuant to the Parking and Business Improvement Area Law of
1979.
SECTION 2.
The boundarles of the proposed parking and
business improvement area are desribed as follows:
Both sldes of Main Street from Pleo Boulevard
on the north to Marine Street on the south
and both sldes of Pico Boulevard, Bay Street,
Blcknell
Avenue,
Pacific Street, Strand
Street, Hollister Street, Norman Place, Ocean
Park Boulevard, H1Il Street, Ashland Avenue,
Kinney Street, Pier Avenue, and Marine Street
between Nellson Way on the west and Second
Street on the east.
SECTION 3. The City Council proposes, in additlon to any
other assessments, fees, cllarges, or taxes, to levy an addltional
assessment in the proposed parklng and bUSlness improvement area
as follows:
A. For any person holding a retail sales tax permit,
one-tenth of one percent of total taxable sales payable on April
1 of each year and based upon the total taxable sales durlng the
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twelve month period of January 1 through December 31 precedlng
the April 1 payment date. The maximum assessment under thlS
subdlv1sion shall not exceed $1,000.00 1n any year.
B. For any person not hold1ng a reta1l sales tax
permlt and who has been issued or requires a bus1ness license
from the Clty, $300.00 payable on April 1 of each year.
C. The penalty for non-payment of the assessment on
the due date shall ce 10% of the amount of the assessment plus an
addlt10nal 5% of the amount of the assessment for each month or
portion thereof that the assessment is unpald after the due ddte.
D. The assessment shall not apply to any person
operating a bUSlness from his or her principal place of resldence
within the proposed parking and business improvement area and for
WhlCh a home occupation permit has been issued in accordance wlth
the provisions of Article IX of the Santa Monica Municipal Code.
SECTION 4. The proposed use to WhlCh the proceeds of the
assessment, less 5% for the cost of collectlon and
adminlstratlon, shall be put 1S the general promotion of business
act~vities in the area to be prov~ded by contract between the
City and an organ~zat~on that is approved by a maJority of
businesses withln the proposed parking and business improvement
area that partlc~pate in a select10n procedure approved by the
City.
SECTION 5. Notice is hereby given that on February14,
1984, at the hour of 7:30 p.m., in the C~ty Council Chambers
located in City Hall, 1685 Ma~n Street, Santa Monica, California,
a hearing will be held by the City Council to cons~der
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establ~shment of the parking and bus~ness ~mprovement area as
here~n proposed. Any bus~ness with~n the proposed area, or any
other
lnterested
person,
havlng
any
obJection
to the
establishment of the proposed area or to any other action
proposed herein may file a written protest with the City Clerk
not later than the hour so fixed for hearing.
SECTION 6. The City Clerk shall cause this Resolution to
be publ~shed once in a newspaper of general circulation in the
City of Santa Monica and shall cause a complete copy or thlS
Resolution to be mailed, postage prepa~d, to each business ~n the
proposed area.
Publicatlon and mailing shall be completed at
least 10 days prlor to the date of the hearing.
SECTION 7. The City Clerk shall certify to the adoptlon of
this Resolut~on, and thenceforth and thereafter the same shall be
~n full force and effect.
APPROVED AS TO FORM:
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Robert M. Myers .....,
City Attorney
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ADOPTED ANn APPROVED THIS
10th
,
DAY
OF January
J 1 984 .
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MAYOR
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION
NO. 6798(CCSl WAS DULY ADOPTED BY THE CITY COUNCIL OF THE
,.
CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON
January 10
. 1984 BY THE FOllOWING COUNCIL VOTE:
AYES:
CQUNCILMEMBERS: Conn, EpsteIn, Jennings, Press,
Reed, Zane ana ~ayor Edwards
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
ABSTAIN:
COUNCILMEMBERS: None
ATTEST:
L /J&Jj~
CITY CLERK
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