SR-213-004 (4)
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Clty Caunell MeetLng 2-28-84
STAPF REPORT
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FEB 2 8 1984
TO:
Mayor and City Councll
FROM:
Clty Attorney
SUBJECT:
Resolution of Intentlon to Establlsh Lincoln
Boulevard Parkinq and Buslness IMprovement Area
At its neetlng on Janaury 24, 1924, the City Cou nc i 1
adopted a resol ut lon dec lar lng its l.ntent ion to establ i sh a
parkinG and business LrlProvement area on Lincoln Boulevard from
\'hlshire Boulevard to the south city limits.
The resol ution
scheduled a publlC hearinq on the establishment of the area for
February 14, 1984. At the ti~e scheduled for the public hearing,
the City CouneLl dlrected the City Attorney to return a new
resolutlon of lntentlon fo11oW1Ug discuss10ns with t~e Chamber of
Commerce.
This Staff Report transmits that new resol ut ion of
lntent1on.
Under the Parklng and Business Improvement Area Law of
1979, Streets and Hlghways Code Section 36500 et seq., the City
Council may establlsh a parklng and buslness inprovement area and
levy assessments 1n such area for various bus iness promotion
activlties.
Prior to the es tablishment of such an area, a
resolut1.on of l.ntention must first be adopted setting a public
hearing on the proposed parKlng ann bU5lness inprovement area.
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The accompanying resolut~on conta1ns the followlng
principal prov1sions:
1. A parking and business i~provement area is proposed to
be establ ished on L1ncoln Boulevard from Wilshire Boulevard to
the south C~ty liM1tS.
2. All husinesses in the area would pay an assessment as
follows:
A. For any person holding a retail sales tax permit,
one-tenth of one percent of total taxable sales payanle on May 15
of each year and based upon the total taxable sales durlno the
twel ve month per~od of January 1 through December 31 preced~ng
the May 15 payment date. The maX1mum assessment shall not exceed
$1,000.00 1n any year.
B. For any person not hold1ng a retail sales tax
perm~t and who has been issued or requlres a bus~ness license
from the Cl ty, $300.00 payable on May 15 of each year, except
that any person holding only a business license or licenses under
Municipal Code Sectlons 6219 or 6219A, or hath, shall 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 assessnent plus an
addl.tlonal 5% of the amount of the asseSSMent for each month or
portlon thereof that the assessment is unpair after the due date.
D. The assessment shall not apply to any person
operating a business from hlS or her prlncipal place of resldence
wlthin the parking and bUSlness improvement area and for which a
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home occupation permit has been issued in accordance with the
prov2sions for Article IX of the Santa Monica Mun2cipal Code.
3. The proceeds of the assess~ent would be util2zed for
general buslness pro~otion In the area by way of a contract
between the Cl ty and an organizat2on that is approved by the
City. The City would retain 5% for collection and
adminlstrat2on.
The mODles collected by the assessment can be
used for no purpose other than business promotion 2n the area.
4. A public hearlng is scheduled for March 27, 1984.
RECOMMENDATION
It 2S respectfully recommended that the accompanying
resolution be adopted.
PREPARED BY:
Robert M. Myers, Clty Attorney
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CA:RMM:rmprom13
City council Meeting 2-28-84
Santa Monica, California
RESOLUTION NUMBER
6821(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ~~A 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 AN AREA
WHEREAS, the Parking and Business Improvement Area Law of
1979, Streets and H~ghways Code Section 36500 ~ seq_, authorizes
the City of Santa Monica to levy assessments on businesses within
a parking and business improvement area which is in addition to ....
any other assessments, fees, charges, or taxes and to use such
proceeds for the benefit of businesses wi thin the parking and
business improvement area for such purposes including the general
promotion of business activ~ties 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 establish a parking
and business improvement area on Lincoln Boulevard from Wilshire
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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SECTION 1. The City Council hereby declares its intention
to establish a parking and business improvement area under and
pursuant to the Parking and Business Improvement Area Law of
1979.
SECTION 2.
The boundaries of the proposed parking and
business improvement area are described as follows:
Businesses located on property bordering on
either side of Lincoln Boulevard from
Wilshire Boulevard on the north to the south
City limits.
SECTION 3.
The Ci ty Council proposes, in addition to any
other assessments, fees, charges, or taxes, to levy an additional
assessment in the parking and business 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 May 15
of each year and based upon the total taxable sales during the
twelve month period of January I tl1rough December 31 preceding
the May 15 payment date. The maximum assessment under this
subdivision shall not exceed $1,000.00 in any year.
B. For any person not holding a retail sales tax
permit and who has been issued or requires a business license
from the City, $300.00 payable on May 15 of each year, except
that any person holding only a business license or licenses under
Municipal Code Sections 6219 or 62l9A, or both, shall not be
required to pay such assessment.
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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 business from his or her principal place of residence
within the parking and business improvement area and for which a
home occupation permit has been issued in accordance with the
provisions for Article IX of the Santa Monica Municioal Code.
SECTION 4. The proposed use to which the proceeds of the
assessment, less 5% retained by the City for the cost of
collection and administration, shall be put is the general
promotion of business activities in the area to be provided by
contract between the City and an organization that is approved by
the City. The proceeds of the assessment may be used only as
provided in this Section.
SECTION 5. Notice is hereby given that on March 27, 1984,
at the hour of 7:30 p.m., in the City Council Chambers located in
City Hall, 1685 Main Street, Santa Monica, California, a hearing
will be held by the City Council to consider establishment of the
parking and business improvement area as herein proposed. Any
business within the proposed area, or any other interested
person, having 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.
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SECTION 6.
The City Clerk shall cause this Resolution to
be published once in a newspaper of general circulation in the
City of Santa Monica and shall cause a comple te copy 0 f thi s
Resolution to be mailed, postage prepaid, to each business in the
proposed ar'ea.
Publica tion and mailing shall be completed at
least 10 days prior to the date of the hearing.
SECTION 7. The City Clerk shall certify to the adoetion of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect_
APPROVED AS TO FORM:
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Robert M. Myers "-"
City Attorney
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ADOPTED AND APPROVED THIS
29th
Qty
OF
February
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MAYOR
[ HEREBY CERTIFY THAT THE FOREGOING RESOLUTION
NO~ 6827(CCS~_WAS DULY ADOPTED 8Y THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON
February 28 . 198~ BY THE FOLLOWING COUNCIL VOTE:
AYES: COUNCILMEMSERS: Conn, Epstein, Press, Jennings,
Reed, Zane an~Mayor Edwards
NOES: COUNCILMEMBERS: None
ABSENT: COUNCrLMEM8ERS: None
ABSTAIN: COUNCILMEMBERS: None
ATTEST:
L 77U;/~~
CITY CLERK