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City Council Meetlng 3-27-84
Santa Monlca, California
STAFF REPORT
9-<-
MAR 2 7 1984
TO:
Mayor and Clty Council
FROM:
city Attorney
SUBJECT:
Ordinance Fstablishlng Lincoln Boulevard
Parklng and Business Improveroent Area
At lts ~eeting on February 28, 1984, the Clty Council
adopted a resolution declaring its lntentlon to establish a
parking and business improvement area on L1Dcoln Boulevard froIn
wilshire Boulevard to the south ci ty limi t_s .
The res 01 ution
scheduled a public hearlnq on the establishment of the area for
r.1arch 27, 1984.
Under the Parklng and Bus lnes s Improvement Area Law of
1979, Streets and Highways Code Section 36500 et seq., the Clty
Council may establish a parklng and bUSlness improvement area and
levy as ses sments 1n such area for var ious bus 1n es S promot lon
actlvlties.
Prior to the establishment of such an area, a
resol utlon of lntention Must first be adopted setting a public
hearing on the proposed parking and bUSlness improvement area.
This resolution of intention was adopted on February 28, 1984.
The accompanyina ordinance contains tDe ~ollowing princlpal
provJ.slons:
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MAR 2 7 1984
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1. A oarking and business improvement area ~s established
on L1ncoln Boulevard from Wl.l shire Boulevard to the south Cl. ty
liml.ts.
2. All businesses in the area would pay an assessment as
follows:
A. For any person holding a reta1l sales tax perroit,
one-tenth of one percent of total taxable sales payable on May 15
of each year and based upon the total taxable sales durl.ng the
twelve month period of January 1 through December 31 precedl.ng
the May 15 payment date.
$1,000.00 l.n any year.
B. For any person not holdl.ng a retail sales tax
perrn~t and who has been issued or requires a bus~ness I~cense
from the City, $300.00 payable on May 15 of each year, except
that any person holding only a bUS1ness I1cense or licenses under
The Maximum assessment shall not exceed
~1Unl.C1pal Code Sectl.ons 6219 or 6219A, or both, shall not be
requlred to pay such assessment.
c. The penalty for non-pavwent of the assessment on
the cue date shall be 10% of the amount of the assessITent plus an
additional 5% of the a~ount of the assessment for each Month or
portion thereof that the assessment 1S unpaid after the due date.
D. The assessment shall not apply to any person
operat~ng a business from his or her pr~nclpal place of resldence
w1thin the parking and bUS1ness improvement area and for which a
home occupat1on permlt has been issued 1n accordance with the
prov1slons for Art1cle IX of the Santa Mon1ca Munlc1pal Code.
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3. The proceeds of the assessment would be utilized for
general business promot ion in the area by way of a contract
between the City and an organization that is approved by the
City. The City would retain 5% for collection and
administration. The monies raised by the assessment may be used
for no purpose other than business promotion.
Businesses in the parking and business improvement area
have indicated a desire to have the Santa Monica Area Chamber of
Commerce assume responsibility for administering the business
promotion program. Accordingly, in connection with the
establishment of the parking and business improvement area, a
~ontract has been prepared between the City and the Santa Monica
Chamber of Commerce for administration of the proceeds of the
assessment.
RECOMMENDATION
It is respectfu~ly recommended:
1. That the City Council conduct the public hearing.
2. That the City Council introduce for first reading the
accompanying ordinance.
3. That the City Council approve the accompanying
agreement between the City of Santa Monica and the Santa Monica
Area Chamber of Commerce.
PREPARED BY:
Robert M. Myers, City Attorney
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CA:R~lli:rmpro~ll
C1ty Council Meet1ng 3-27-84
Santa Mon1ca, Californla
ORDINANCE NUMBER
(City Counc11 series)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ESTABLISHING A
PARKING AND BUSINESS IHPROVEMENT APEA
ON LINCOLN BOULEVARD ~WD TO P?OVIDF FOR THF.
LEVY OF AN ASSESSMENT THEREIN
WHEREAS, the Parklng and Business Improvement Area Law of
1979, Streets and Hlghways Code Section 36500 et seq., authorizes
the City of Santa Mon1ca to levy assessments on bus1nesses within
a parking and bus1ness 1mprovement area which 1S 1n addition to
any other assessments, fees, charges, or taxes and to use such
proceeds for the benef1t of bUS1nesses with1n the parking and
bUS1ness 1mprovement area for such purposes includinq the general
promotion of bUSlness activ1tles 1n the areai and
WHEREAS, buslnesses on L1ncoln Boulevard have requested
that
the
C1ty
Councll establ1sh a parklng and business
1mprovement area; and
WHEREAS,
the City Councll desires to establish a parklnq
and buslness improvement area on Llncoln Boulevard from Wilshire
Boulevard on the north to the south City llmltsi and
WHEREAS,
on February 28. 1984, the C1ty Council adopted
Resolutlon Number 6827 (CCS) declaring its lntention to establish
such a parklnq and business lmprovement area. WhlCh resolution
was ent1tled "A Resolution of the Clty Councll of the City of
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Santa Monica Declaring Its Intentlon to Establlsh a Parklng and
Business Improvement Area on L~ncoln Boulevard, to Provlde for
the Levy of an Assessment Therein, and Setting the Time and Place
of Hearlng to Conslder the Establishment of such Area"; and
WHEREAS, Resolution Number 6827 (CCS) was duly published,
and copies thereof were duly ~al1ed, all as provided for by the
Parking and Business Improvement Area Law of 1979; and
WHEREAS, as speclfied in Resolution Number 6827 (CCS), a
hearlng concerning the formation of the parklng and business
improvewent hearing was held before the Clty Council on March 27,
1984, at the hour of 7:30 p.m. in the Council Chambers in the
City Hall of the City of Santa Monica; and
WHEREAS, at said hearing all written
made or filed were duly heard, eVldence for
and oral protests
and against the
proposed action was recelved, a full, fair and completed hearing
was granted and held, and the Clty Council is fully advised In
the premlses; and
WHEREAS, at said hearing all protests, both written and
oral, wade or flIed were duly overruled and denied and the Clty
Councll determlned that there was no Majorlty protest wlthln the
meanlng of Streets and Highways Code Section 36523,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION
1.
Pursuant
to
the parKlng and BUSlness
Improvement Area Law of 1979, a parKlng and business improvement
area has been and is hereby established.
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SECTION 2.
The boundar1e s 0 f the park1ng and bus ines s
improvement area are described as follows:
Busines ses located on property bordering on
either slde of L1ncoln Boulevard from
Wilshire Boulevard on the north to the south
Clty 11mits.
SECTION 3. In addit10n to any other assessments, fees,
charges, or taxes, an additional asseSSMent is hereby levied in
the parklng and bUSlness improvement area as follows:
A. For any person hold1ng a reta11 sales tax pern1t,
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 month period of January 1 through December 31 preceding
the May 15 payMent date. The maximum assessment under this
subd1v1sion shall not exceed $1,000.00 1n any year.
B. For any person not holding a retail sales tax
permlt and who has been issued or requ1res a buslness license
from the City, $300.00 payable on r~ay 15 of each year, except
that any person holding only a buslness license or 11censes under
Munlclpal Code Sectlons 6219 or 6219A, or both, snaIl not 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 unpaid after the due date.
D. The assessment shall not apply to any person
operating a buslness from h1S or her prlncipal place of residence
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withln the parking and business improvement area and for which a
home occupation permit l!as been issued in accordance with the
provlslons for Artlcle IX of the Santa Monlca Munlclpal Code.
SECTION 4. The use to which the proceeds of
assessment, less 5% retained by the City for the cost
the
of
collection and adI11inlstration, shall be put 1S the general
promot1on of bUslness act1v1ties in the area to be provided by
contract between the Clty and an organization that 1S approved by
the City. The proceeds of the as sessment may be used only as
prov1ded ln thlS Section.
SECTION 5. In the opinlon of the Cl.ty Council, the
businesses lying with1n the parking and buslness lRprovenent area
will be benefited 0Y the expenditure of the funds raised by the
assesswents levled oy th1S ordinance.
SECTION 6. The bUSlnesses in the parkinq and business
1mprovement area established by this ordlnance shall be subject
to any amendroents of the Parklng and Business ImproveJTlent Area
Law of 1979.
SECTION 7. If any section, subsection, sentence. clause,
or phrase of this ordinance is for any reason held to be inval1d
or unconstitut1onal by a decislon of any court of any competent
Jurisdiction, such decis10n shall not affect the validity of the
remaining portJ.ons of the ordJ.nance. The Clty Council hereby
declares that it woulCl have passed thlS ordlnance and each and
every seetlon, subsection, sentence, clause or phrase not
declared J.nvalld or unconstitutional without regard to whether
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any port1on of the ordinance would be subsequently declared
1nvalid or unconst1tutional.
SECTION 8.
The Mayor shall Slgn and the City Clerk shall
attest to the passage of thls ordlnance.
The Cl ty Clerk shall
cause the same to be pUblished once 1n the official newspaper
w1thin 15 days after its adoptlon.
The ordinance sha 11 become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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rco't. .,
Robe rt H. Myers -."
C1ty Attorney
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CA:rmprom12
AGREFMENT
This Agreewent, entered into thlS day of March, 1984,
by and between the CITY OF SANTA MONICA, a munlcipal corporatlon
(hereinafter "City") and SANTA MONICA AREA CHA~1BER OF COMMERCE, a
Callfornia nonproflt corporatlon (herelnafter "Chamber"), is made
with reference to the following:
R E C I '!' A L S:
A. The City is a municlpal corporatlon duly orqanized and
validly eXlsting under the laws of the State of Californla w~th
the power to carryon lts husiness as It is now belng conducted
under the statutes of the State of Callfornia and the Charter of
the City of Santa Monlca.
B. Pursuant to the Parking and Business Improvement Area
Law of 1979, Streets and Hlghways Code Section 36500 et seq., the
Clty has esta~lished a Lincoln Boulevard Parklng and Business
IMprovement Area by the adoptlon of Ordinance Number (CCS).
C. The City and buslnesses wlthin the Parklng and Buslness
Improvement
generated
promotlon
Area deslre the Chamber to utillze assessments
by
of
Ordlnance Number
buslness wlthin the
(CCS) for the general
Llncoln Boulevard parking and
Business Improvement Area.
NOW, THEREFORE, it is mutually agreed by and between City
and Chamber as follows:
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1. W~th~n 30 days of receipt, City shall pay to Chamber
an amount equal to all assessments levied and paid to City under
Ordinance Number (CCS), less five percent representing the
C~ty's cost of collection and adm~nlstration.
2. All payments to Chamber under thlS Agreement shall be
ut~11zed by Chamber for the general promot1on of business 1n the
Lincoln Boulevard Parking and Business Improvement Area. The
Chamber shall retalh 10% for ~ts costs of admlnistrat1on, but in
no event shall the retent10n exceed $10,000 per year.
3. All expend1tures made by Chamber for the general
promotlon of bus1ness wlthin the Lincoln BOulevard Parking and
BUS1ness Improvement Area shall be approved by a committee
conslst1ng of five voting members and two ex off1C10 me~bers
selected as follows:
the
A. Four votlng members who are
assessment required by Ordlnance Number
subJect to and pa1d
(CCS), selected
by the Lincoln Boulevard COmffilttee of the Chamber.
B. One vot~ng member selected by the Lincoln
Boulevard Committee of Chamber, in consultatlon wlth the C1ty
Manager of the City, and who is from the nelghborhood immediately
adJacent to the Lincoln Boulevard parklng and Business
Improvement Area.
C. One ex officlo member selected hy the City
Manager of Clty and who 1S an employee of the C1ty. This
representative shall serve on an as-needed baS1S.
D. One ex offlcio member appointed by the Board of
D1rectors of the Santa Monlca Convention and V1stors Bureau, Inc.
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On or before June 1 of each year, the committee shall
submlt to the City Manager for reVlew and COPlI11ent an annual
operating and expend1ture plan for per10d from July 1 to June 30.
The plan shall outline the planned promot1onal events, costs, and
methods of i~plementation.
4. The Chamber shall maintain flnancial records of all
expenditures made under thlS AgreeP1ent and shall prov lde City
with quarterly disbursement stateMents no later than January 31,
April 3D, July 31, and October 31 of each year.
S. At its electlon, the Clty nay withhold any paYMents
otherW1se required by th1S AgreeMent if a lawsuit is filed
aga1nst the City challenging the valld1ty of Ord1nance Number
fecs). Notwlthstanding the foregolng sentence, the Clty
shall pay to Chamber such funds as are necessary to cover all
expendltures made or llabilitles incurred by Chamber pursuant to
its obl1gat1ons under th1S Agreement pr10r to receiving written
not1flca tlon from City of its election to withhold payments or
termlnate thlS Agreement.
6. All records of Chamber relating to this AgreeMent shall
be open to lnspection by City upon reasonable notice and during
normal buslness hours.
7. This Agreement may be terwinated by either City or
ChaMber gl ving six months wri tten notlce to the other party of
its lntent to terP11nate this AgreeMent. In the event such notice
of terminatlon 1S glven hy either party, City snaIl initlate
proceedings to repeal Ord1nance Number (CCS).
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8. The Chamber agrees to and shall holn C~ty, ~ts C~ty
Council, boards and commissions, off~cers, agents, servants, and
employees harmless from and against any and all clalms, demands,
losses, caused of act~on, or liabilities which may be based upon
or arise out of, or in connection w~th, any activities or
se rv lces 0 f Chamber performed under or ari sing out of th~s
Agreement.
~othing contained ~n thlS Agreewent shall be deemed
or construed to create the relatlonship of prlnclpal and agent or
of partnership or of Jo~nt venture or of any associatlon between
City and Chamber.
9. All not~ces and deMands of any kind which either party
may be required or way desire to serve upon the other in
connectlon w~th th~s Agreement shall be given in wri tlng and
shall be deeII'ed served when delivered personally, or 72 hours
after the deposlt thereof in the Un~ted States 1\1ail, postage
prepaid, reglstered or certified, addressed as follows:
To City:
C~ty Manager
Clty of Santa Monica
1685 Main Street
Santa Monica, California 90401
To Chamber: Executive Director
Santa Monica Area Cha~ber of Commerce
1460 Fourth Street
Santa Mon~ca, Ca11fornia 90401
10. This Agreement 15 contingent upon the Chamber being
selected as the organlzation to admlnister the general business
promotion program ~n the L~ncoln Boulevard Park~ng and BUSlness
IMprovenent Area by the businesses ln such area partic1pating 1n
a selection procedure gl ving all busl.nesses the opportunl ty to
participate.
The selection procedure shall be undertaken by the
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Chamber utillzing such procedure s as it deems appropr i ate to
ensure maximum business participatlon.
11. This Agreement shall be governed by and construed In
accordance wlth the laws of the State of California.
IN WITNESS WHEREOF, this Agreement has been executed by
Clty and Chamber on the day and year first above written.
CITY OF SANTA MONICA,
a municlpal corporation
By
JOHN H. ALSCHULF.R, JR.
Clty l'1anager
APPROV~D AS TO FORM:
ROBERT t-1. MYERS
Clty Attorney
SANTA MONICA AREA CHAMBER
OF COMMERCE
By
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BEFORE DISTRIBUTION CHECK CONTE~T OF ALL FOR CITY C~ERK'S ACTION
DISTRIBUTION Or RESOLUTION # b i 17 -...OJ4,g-n~:J~{;;E it
,-~
CouncIl MeetIng Date Introduced~
Agenda Item # Ii -C- -~ Tv~~,~ Adopted:
Was l t amended? ~f~ W/U;z&-1..-, * ALWAYS Pl"i3LISH PDOPTED ORDINA.lIJCES
:;
VOTE~ AffirmatIve' ~ I
NegatIve~
Abstain~
Absent:
DISTRIBUTION~
ORIGINAL to be signed, sealed and filed In Vault.
NEWSPAPER PUBLICATION (Date~
)
)
Department orIgInating staff report (
~~ana~ement Service? Lynne Barr~tte -urdinances only
!
Agency.mentIoned In document or staff report
(certifIed?)
Subject file (agenda packet)
I
Counter file
1
Others~
Airport Parking Auth.
AudItoi:um Personnel
BuildIng Dept. Planning
Emll ron . Servo PolIce (en-
forcement?) --
FInance
Purchasing .
Fire
Recy/Parks
General Servo
TransportatIon
LIbrary
Treasurer
1>Ianager
SEKD FOU~ COPIES OF ALL ORDI~A~CES TO:
CODf.D SYSTEMS, At'tn Peter Haclearie
120 ;.laIn <::tr<;-et
AV0~1 N~w Jersey_077l? ,
SE:'JD FOUR COPIES OF AU. ORDTNAl\.JrEc; TO:
PRESIDING JUDGE
SA~TA MONICA MUXICIPAL COURT
1725 f>.IAIN STREET
SA"nA MONICA, ell. 90401
TOTAL COPIES
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DATE' March 28, 1984
TO: CIty Attorney
FROM: CIty Clerk
SUBJECT: ResolutIon termInatIng the establIshment of Parking
and Business Improvement Area on LIncoln Boulevard
(Resolut1on No. 6847(CC5)).
On March 27, 1984, the City CouncIl adopted a resolutIon
term1natlng the matter of the establlshment of a Business
Improvement Area in the Lincoln Boulevard area, please
provide the City Clerk's office with a copy of this
resolution.
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