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SR-213-004 (2) e 2/3-0D~ e 4-c)() \~ - to-AI 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. 4' 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 1 ~-JI JAN 2 Ii j~4 e e 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 2 ') ;0 '- ~ '-l ...... ;) J) J) 'J - :'3 ..... -I :1 .... :> J) .". -I II .J :> ..... .J ~ --' :>.. :> .... :> .J .J ... .... ... "d .J :j lJ .J fj J) ~ - --' II ..... J) .J -I -I -I :> n >,. 1) - - .... :) oJ ...l .... .... >- ~ ,..j ..J +-i o ~ ~ l.... Q.l .0 o a:: DIETRIBUTION .' () e ;;:, J' . ~ , ~-j 'JA; YI...---vt ...... /~- (;lJj"--~ .- L/ ~- ~ O~ RESOLUTION/# ' I ~ '- . - 1~2V-d f e :Il 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~ ----- Depar origlnating staff report ( Management Serv~ce~ Lynne Barr~tte--0rdinances only ) ) 1 .,. 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 I" I ~ ~ ; TOTAL COPIES .~f ,. ,. , I :.,-~ /-- . 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: .' '" 1 ., e e ~ 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. 3 e It 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: <"'"') ~ ..,.~ ~, ",:.1~;~~ ;.~ ~:'\~~~.. /-, J ; ...--/ Robert M. Myers City Attorney 4 e e ADOPTED AND APPROVED THIS 24th DAY :) ~ January , 1 9 84 . \ ~:.~~~ /- ~- ..:;:::~ ~ ./.. /~ -/;~/L-_ -----'/C; -- ----- 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: / / " ./.' G<.---? v. ',,> ./) /', . i 0 . . i / / r. '/'7 _rY .t /' .. ~ ~ _1___. ~~ CITY CLERK