SR-213-004 (2)
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JAN 2 4 1984
CA:RMM:rmproml
Clty Councll Meetlng 1-24-84
Santa Monlca, Californla
STAFF REPORT
TO:
Mayor and City Councll
FROM:
Clty Attorney
SUBJECT:
Resolutlon of Intention to Establlsn Lincoln
Boulevard Parking and Buslness ImproveMent Area
At 1 ts meeting on January 10, 1984, the Cl ty Counc 11
adopted a resolutlon settlng a PUnllC hearlng on on t~e
establlshMent of a parking and husines s lmprOVel"'lent area on
Llllcoln Boulevard.
ThlS Staff Report recommends that the City Councll adopt a
new resol ution to correct two probleMs recently dlscovered Wl th
the adopted resolutlon:
1. The Finance Dlrector has lndlcated that the wording of
the resolutlon would requ1re that commercial and residentlal
rental buslnesses would be subJect to the fixed assessment levied
on buslnesses wlthout a retail sales permit.
Since this lS not
the practlce In the existlng parking and bus in es s LITlprOVemen t
areas, the revlsed resol utlon provides an exempt lon for thes e
bus1nes ses.
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2. The boundarles of the assessment distrlct are clarlfied
to indicate that tlJ.e as sessnent wlll be levien on any bus lness
located on property that borders on Llncoln Boulevard, regardless
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of whether or not the property fronts on Lincoln Roulevard or on
one of the intersect1ng streets.
The adoption of revised resolut~on will not change t~e date
of the hear~ng scheou1ed for February 14, 1994.
RECOMMENDATION
It lS respectfully recom~enden that the accoMpanying
reso1ut1on be adopted.
PREPARED BY:
Robert M. Myers, C1ty Attorney
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DIETRIBUTION
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O~ RESOLUTION/# ' I ~
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ORDINANCE It
Introduced'
CouncIl MeetIng Date
Agenda Item # C: - A-J - v~~ (1J...-v"'.
Was it amended? _~
VOTE; AffirmatIve; 1
Negative: 0
Abstain; 0
Absent: ()
Adopted:
* ALWAYS PUBLISH flDOFr.b.U ORDINANCES
DI~.RIBlf'f-f-6.N-=-_ ORIG-I-NAL~,be signed, sealed and filed in Vault.
EWSPAPER PUBLICATIO~
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Depar origlnating staff report (
Management Serv~ce~ Lynne Barr~tte--0rdinances only
)
)
1
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Agency mentIoned in document or staff report
(certified ?)
Subject file (agenda packet) 1
Counter file 1
Others:
AIrport ParkIng Auth.
Audltorum Personnel
Building Dept. Planning
Environ. Servo Police Cen-
I forcement?)
Finance
Purchasing .
Fire
Recr/Parks
General Servo
Transportation
LIbrary
Treasurer
Manager I
, .~1 t... t
SE~D FOUR COPIES OF ALL ORDINA~CES- TO:
tODED SYSTEMS, Attn Peter Maclearie
, .
120 NaIn- ~"tr~et
AV0~7 ~~w Jersey_077l7
SE~D F0UR COPIES OF A T.T. r.lRnTNANrp~.IO:
PRESIDING JubGE- - -
SANTA MONICA ~ruNIC!PAL COURT
1725 MAIN STREET
SA~TA MO~ICA, CA 90401
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TOTAL COPIES
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CA: :RMM: rmproml
C~ty Counc~l ~eeting 1-24-84 Santa Monica, Ca~iforn~a
RESOLUTION ~MBER 68l2(CCS)
(City Counc~l series)
A RESOLUTION OF THE CITY COUNCIL OF
TSE CITY OF SANTA MONICA
DECLARING ITS INTE~ION TO ESTABLISH A
PARKING A.."lD BUS!ESS I:1PROVEMENT .!\REA
ON LINCOLN BOULEVARD, TO PROVIDE FOR THE
LEVY OF AN ASSES5r1ENT THEREIN,
AND SETTING THE TI~E AND PLACE
OF HEARING TO CONSIDER THE ESTABLISHMENT
OF SUCH AREA
WHEREAS, the Parking ann Business Improvement Area Law of
1979, Heal t.~ and Safety Code Section 36 500 ~ seq., aut"1orizes
the City of Santa Monica to levy assessments on businesses within
a parking and business improvement area which is in addi t~on to
any other as ses sments, fees, charges, or taxes and to use such
proceeds for the benef~ t of businesses W~ thin the par'<1.nq and
business improvement area for such purposes ~ncluding the ~enera:
promot~on of business actLv1tLes in tre area: and
WHEREAS, businesses on L~ncoln Boulevard have requested
t~at the City Council establish a parkina and bus~~ess
improvement area~ and
t'lHEREAS, the City Council desires to establ~sh a parking
and business iMprovement area on Lincoln Boulevard from ~1!.lshire
Boulevard on the north to the south City limits,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
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c. ~e penalty for non-pa~ent o~ the assess~ent on
the due date shall ~e 10% of the aQount of the assess~ent nlus an
addl.tional 5% of the amount of the assessment for each .....onth or
portl.on thereof that the assessment ~s unpaid af~er ~he due date.
D. The assessment shall not apply ~o any person
operating a busl.ness from his or her princl.pal place of resl.dence
within the proposed parkl.ng and business improvement area and ~or
whl.ch a home occupation perml.t has been issued l.n accordance '~th
the provisions for Article IX of the Santa Monica Munl.cl.pal Code.
SECTION 4.
The proposed use ~o Which the proceeds of the
assessment, less 5% for the cost of collectLon an~
administration. shall be put is the general promotion of business
activitl.es in the area to be 'provided by contract between the
City and an oraanization that is approved. by a maJority of
businesses wl.thl.n the proposed parking and business iMproveMent
area that participate in a select~on procedure approved by the
City.
SECTION 5 ~
Notice is hereby given that on February 14,
1984. at tne hour of 7: 30 p.m.. ::...n the City CounCl.l C~a~r-ers
located ln C~ty Eall, 1685 Main Street, Santa ~onl.ca, Califorr.la,
a hearing wl.ll be held by the City Counc~l to ccnsider
establishment of the !,arking and bus1ness 1mprOVel"1en~ area as
herein proposed.
Any business within the proposed area, or any
other interested person, hav1ng any objection to tne
establishment of the proposed area or to any other action
proposed hereln may :t:11e a written protest Wl. th the City Clerk
not later than the hour so fixed for hearing.
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SECTION 6.
':'he c~ ty Clerk shall cause t.his Resol ut~on to
be publ~shed once in a newspaper of general c~rculat~on In tre
City or Santa ~onlca and shall ::ause a complete C09Y of t~is
Resolution to he na~led, postage prepaia, to eac~ business In tre
proposed area.
Publlcation and malling shall be completed at
least 10 days prior to the date of the hearing.
SEC~ION 7. Resolution Nu~ber 67q9 (CCS) is repealeo.
SECTION 8. The City Clerk shall certify to the adoption of
this Resolutlon, and thenceforth and thereafter the same shall be
~n full force and effect.
AP PROVED AS TO FORM:
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Robert M. Myers
City Attorney
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ADOPTED AND APPROVED THIS
24th
DAY
:) ~ January
, 1 9 84 .
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MAYOR
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION
NC. 6812(CCS).WAS DULY ADOPTED BY THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON
Januarv 24
, 1984 BY THE FOllOWING COUNCIL VOTE:
AYES: l COUNCILMEMBERS: Conn, EpsteIn, JennIngs, -P"l"ess,-
Reed, Zane an~ Mayor Edwards
NOES: COUNCILMEMBERS: None
ABS ENi: COUNC I LHEMB ERS: :.rone
ABSTAIN: COUNCILMEMBERS: Xone
ATTEST:
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CITY CLERK