SR-213-004 (3)
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CA:RMH:rmproml
Clty Councl1 Meetlng 1-10-84
Santa Monlca, Callfornla
STAFF REPORT
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TO: Mayor and Clty Councll
FROM: Clty Attorney
SUBJECT: Resolution of Intentlon to Establish Llncoln
Boulevard Parklng and Business Improvement Area
At lts meetlnq on July 12, 1983, the City Cauncll alrected
the Clty Attorney to prepare an ordlnanee establlshlnq a parklna
and huslness lMprovement area on Llneoln Boulevarn.
In response
to thls dlrectlon, the accompanYlng resolutlon of lntentlon has
been prepared and lS presented for Clty Councll consideratlon.
Under the Parklng and Buslness Improvement Area Law of
1979,
Streets and Hlghways Code Seetlon 36500 et seq., the Clty
CounCll may establlsh a parklng and bUSlness lMprovement area and
levy assessments ln such area for varlOUS buslness promotlon
actlvltles.
Prlor to the estahllshMent of such an area, a
resolution of lntentlon must flrst be adopted setting a publlC
hearlng on the proposed parklng and buslness lmprovement area.
The
accompanYlng
reso1utlon
contalns
the following
prlnClpa1 provlslons:
1. A parklng and buslness lMproveMent area lS proposed to
be estab1lshed on Llncoln Boulevard from Wllshlre Boulevard to
the south Clty 11mlts.
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2. All busLnesses 1n the area would pay an assessment as
follows:
A. For any person hold1ng a reta1l sales tax permit,
one-tenth of one percent of total taxable sales payabla on Apr1l
1 of each year and based upon the total taxable sales dur1ng the
twelve month per10d of January 1 through Decewber 31 precec1ng
the April 1 payment date. The maX1mum assessment wLll not exceed
$1,000.00 1n any year adjusted as prov1ded below.
B. For any person not holdlng a reta1l sales tax
perm1t and who has been Lssued or requ1res a bus~ness 11cense
from the Clty, $300.00 payable on Aprll 1 of each year and
adJusted as prov1ded below.
c. On Apr1l 1, 1985, and on each Apr11 1 thereafter,
the $1,000.00 maX1mum assessment provided for 1n subdiv1s1on A
above and the $300.00 assessment prov1ded for 1n subdlvlS10n B
above shall be 1ncreased by a percentage equal to the percentaqe
1ncrease 1n the ConSUMer Prlce Index for All Urban Consumers for
the Los Angeles-Long Beacn-AnaheLm Metropolltan Area as Lssued by
the Unlted States Department of Labor from January 1 through
December 31 of the prlor year.
D. The penalty for non-payment of the assessment on
the due date shall be 10% of the amount of the assessment plus an
addlt10nal 5% of the amount of the assessment for each month or
portlon thereof that the assessment 1S unpald after the due date.
E. The assessment shall not apply to any person
operatlng a bUSlness from h1S or her prLnc1pal place of res1dence
wlthLn the proposed park1ng and bUSlness lmprovement area and for
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h1Ch a home occupat1on perm1t has been 1ssued 1n accordance w1th
the prov1s1ons for Artlcle IX of the Santa Mon1ca Hun1c1pal Code.
3. The proceeds of the assessment would be utlllzed for
general bus1ness promotlon 10 the area by way of a contract
between the Clty and an organlzatlon approved by a majorlty of
bUS1nesses 1n the area. The Clty would reta1n 5% for collect1on
and adm1n1stratlon.
4. A hear1ng on the establ1shment of the proposed parklnq
and buslness lrnprovewent area 18 set for February ~4,1984.
RECOW1ENDATION
It 1S respectfully recommended that the accompanY1no
resolutlon be adopted.
PREPARED BY:
Robert M. Myers, Clty Attorney
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CA:RMM:rmproml
Clty Councll Meetlng 1-10-84
Santa Monlca, Callfornla
RESOLUTION NUMBER 6799(CCS)
(Clty Counel1 Series)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO ESTABLISH A
PARKING AND BUSINESS IMPROVEMENT AREA
ON LINCOLN BOULEVARD, TO PROVIDE FOR THE
LEVY OF AN ASSESSMENT THEREIN,
AND SETTING THE TIME AND PLACE
OF HEARING TO CONSIDER THE ESTABLISHMENT
OF SUCH AREA
WHEREAS, the Parking and Business Improvement Area Law of
1979, Health - and Safety Code Section 36500 et seq., authorizes
the Clty of Santa Monlca to levy assessments on bUSlnesses withln
a parklng and business improvement area which 1S 1n addition to
any other assessments, fees, charges, or taxes and to use such
proceeds for the benefit of businesses withln the parking and
business improvement area for such purposes includlng the general
promotion of buslness activities in the area: and
WHEREAS, businesses on Lincoln Boulevard have requested
that
the
City
Council establish a parking and business
improvement area: and
WHEREAS, the City Council desires to establlsh a parklng
and business improvement area on Lincoln Boulevard from Wilshire
Boulevard on the north to the south City 11mits,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
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SECTION 1. The C1ty Counc21 hereby declares 1tS intention
to establish a parking and business lmprovement area under and
pursuant to the Park1ng and Bus1ness Improvement Area Law of
1979.
SECTION 2.
The boundaries of the proposed parking and
business improvement area are desribed as follows:
Both sides of Lincoln Boulevard from Wilshire
Boulevard on the north to the south City
Ilmits.
SECTION 3. The Clty Councll proposes, in addltlon to any
other assessments, fees, charges, or taxes, to levy an additlonal
assessment in the proposed parking and business improvement area
as follows:
A. For any person holding a retail sales tax permlt,
one-tenth of one percent of total taxable sales payable on Aprll
1 of each year and based upon the total taxable sales during the
twelve month perlod of January 1 through December 31 preceding
the April 1 payment date. The maX2mum assessment under this
subdlvision shall not exceed $1,000.00 in any year.
B. For any person not holding a retail sales tax
permlt and who has been lssued or requlres a business llcense
from the Clty, $300.00 payable on April I of each year.
C. The penalty for non-payment of the assessment on
the due date shall be 10% of the amount of the assessment plus an
additlonal 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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D. The assessment shall not apply to any person
~'erating a business from his or her pr1nc1pal place of residence
w th1n the proposed parking and bUS1ness 1mprovement area and for
wI1ch a home occupation perm1t has been issued 1n accordance with
~ e prov1sions for Article IX of the Santa Mon1ca Mun1cipal Code.
SECTION 4. The proposed use to Wh1Ch the proceeds of the
al sessment. less 5% for the cost of collection and
acm1nistratlon, shall be put 15 the general promotion of business
actlv1t1es in the area to be provided by contract between the
c:: ty and an organizatlon that 1S approved by a majorl ty of
b\ Slnesses within the proposed parking and business improvement
alea that partlclpate in a selection procedure approved by the
C:l ty.
SECTION 5. Notlce is hereby gl ven that on February 14,
1~84, at the hour of 7:30 p.m., in the City Council Chambers
lccated in City Hall, 1685 Main Street, Santa Monica, California,
a hearing will be held by the City Council to consider
eftabl1shment of the park1ng and business improvement area as
hEre1n proposed. Any business withln the proposed area, or any
oiher lnterested person, having any objection to the
e~tablishment of the proposed area or to any other act10n
ploposed herein may flle a written protest with the City Clerk
nct later than the hour so fixed for hearing.
SECTION 6. The City Clerk shall cause this Resolution to
bE published once in a newspaper of general c~rculation in the
C:ty of Santa Monica and shall cause a complete copy of thls
REsolution to be malled, postage prepaid, to each business in the
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pJoposed area.
Publlcation and malllng shall be completed at
l(ast 10 days prlor to the date of the hearlng.
SECTION 7. The City Clerk shall certlfy to the adoption of
tllS Resolutlon, and thenceforth and thereafter the same shall be
ir full force and effect.
AI PROVED AS TO FOR~:
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Rc bert M. r--Iyers
C:ty Attorney
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ADOPTED AND APP~CVED THIS
10th
DAY
OF Janua.ry
J 1 984 .
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~- MAYOR
I HEREBY CERTIFY THAT THE FOREGOIN& RESOLUTION
NO. 6799(CCS) WAS DULY ADOPTED BY THE CITY COUNCIL QF THE
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CITY OF SANTA MONICA ~T A MEETING THEREOF HELD ON
January 10
, 1984 BY THE FOLLOWING COUNCIL VOTE:
AYES;
CQUNCILMEMBERS:Conn, Epstein, Jennings, Press,
Reed, Zane and Mayor Edwards
NOES:
COUNCILMEMBERs:~one
ABSENT:
COUNCILMEMBERS:None
ABSTAIN:
COUNCILMEMB2RS:~one
ATTEST:
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CITY CLERK
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