SR-213-004 (5)
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City Counc~l Meeting 2-14-84
FEB 14 1984
Santa Monlca, Cal~fornla
STAFF REPORT
TO:
Mayor and City Counell
FROM:
Cl ty Attorney
SUBJECT:
Ordlnance Establlshing L~ncoln Boulevard
Parklng and BUSlness Improvement Area
At its meetlng on Janaury 24,
1984, the Clty Councl1
adopted a res01utlon declar2ng 2tS lntent20n to estab12sh a
parklng and bUSlness improvement area on Llncoln Boulevard from
W11shire Boulevard to the south Clty Ilmits.
The reso1utlon
scheduled a pub11C hearlng on the establlshment of the area for
February 14, 1984.
Under the Parking and Business Improvement Area Law of
1979,
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Streets and Hlghways Code Section 36500 et seq., the City
Counc2l may establlsh a parklng and bUslness lmprovement area and
levy assessments in such area for various bUSlness promotlon
activlties.
Prlor to the establlshment of such an area, a
resolutlon of lntentlon must f~rst be adopted setting a publlC
hearlng on the proposed parking and bUSlness improvement area.
ThlS res01utlon of intention was adopted on January 24, 1984.
The accompanYlng ordlnance contalns the followlng prlnclpal
provlS10ns:
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F E B 1 4 1984
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1. A park1ng and bUS1ness 1mprovement area 18 established
on Llncoln Boulevard from W1Ishlre Boulevard to the south City
lim1ts.
2. All buslnesses 1n the area would pay an assessment as
follows:
A. For any person holding a reta11 sales tax perm1t,
one-tenth of one percent of total taxable sales payable on Apr1l
I of each year and based upon the total taxable sales durlng the
twelve month period of January I through December 31 preceding
the April 1 payment date. The max~mum assessment shall not
exceed $1,000.00 1n any year.
B. For any person not holdlng a retail sales tax
permit and who has been issued or requlres a business license
from the City, $300.00 payable on Apr~l 1 of each year, except
that any person hold1ng only a business llcense or llcenses under
Mun1clpal Code Sectlons 6219 or 6219A, or both, shall not be
requlred 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
additlonal 5% of the amount of the assessment for each month or
port1on thereof that the assessment 1S unpa1d after the due date.
D. The assessment shall not apply to any person
operatlng a business from hlS or her prlnclpal place of resldence
wlthin the parking and buslness lmprovement area and for which a
home occupation perrnlt has been ~ssued in accordance with the
provis1ons for Article IX of the Santa Mon2ca Municipal Code.
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3. The proceeds of the assessment would be utlllzed for
general buslness promotlon In the area by way of a contract
between the Clty and an organlzatlon that lS approved by a
maJority of businesses withln the proposed park~ng and business
lmprovement area that partlclpate ln a selection procedure
approved by the City. The City would reta1n 5% for collection
and adminlstration.
BUSlnesses 1n the parking and bUSlness lmprovement area
have 1nd1cated a deslre to have the Santa Monlca Area Chamber of
Commerce assume responsibility for adminlsterlng the business
promotlon program. Accordingly, in connectlon wlth the
establlshment of the parklng and buslness improvement area, a
contract has been prepared between the City and the Santa Monlca
Chamber of Commerce for admlnlstration of the proceeds of the
assessment.
RECOMMENDATION
It lS respectfully recommended:
1. That the City Council conduct the public hearing.
2. That the Clty Councll lntroduce for f1rst reading the
accompany~ng ordlnance.
3.
That
the
City
Caunell approve the accompanYlng
agreement between the Clty of Santa Monlca and the Santa Monlca
Area Chamber of Commerce.
PREPARED BY:
Robert M. Myers, Clty Attorney
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