SR-4003
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Clty Councll Meetlng 12-13-83
Santa Monlca, California
STAFF REPORT
lo-H
nEe 1 3 1963
TO: Mayor ano City Counell
FROM: City Attorney
SUBJECT: Resolutlon of Intention to Establish Maln
Street Parking and Business Improve~ent Area
At ltS meeting on July 12, 1983, the City Councll dlrected
the Clty Attorney to prepare an ordlnance establlshing a parking
and bUSlness improvement area on Main Street.
In response to
this dlrectlon, the accompanying resolutlon of intention has been
prepared and lS presented for Clty CounCll conslderation.
Under the Parking and Business IMprovement Area Law of
1979,
Streets and Hlghways Code Section 36500 ~t se~., the City
Council may establlsh a parkina and business improvement area and
levy asseSSAents in such area for various bUSlness promotion
activltles.
Prior to the estahlishment of such an area, a
resolution of intention ~ust first be adopted setting a publlC
hearlng on the proposed parking and bUSlness improvement area.
The
accompanying
resolutlon
contains
the followlng
prlncipal provlslons:
1. A parklng and business improvement area 1S proposed to
be established on Main Street fro~ Pica Boulevard on the north to
Marine Street on the south and on Pico Boulevard, Bay Street,
Bicknell Avenue, Paciflc Street, Strand Street, Hollister Street,
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Norman Place, Ocean Park Boulevard, Hlll Street, Ashland Avenue,
Klnney Street, P1er Avenue, and Marlne Street between Ne11son Way
on the west and Second Street on the east.
2. All businesses 1n the area would pay an assessment as
follows:
A. For any person holdlng a retail sales tax permit,
one-tenth of one percent of total taxable sales payable on March
15 of each year and based upon the total taxable sales durlng the
twelve month per10d of January I through December 31 preceding
the March 15 payment date. The MaXlmum assessment wll1 not
exceed $1,000.00 1n any year adjusted as provlded below.
B. For any person not holding a retail sales tax
permlt and who has been issued or requlres a business license
from the City~ S300.00 payable
adJusted as provided below.
C. On March 15,
on March 15
of each year and
1985,
and on
each March 15
thereafter, the $1,000.00 maX1mum assessment provlded for in
subdlvls10n A above and the $300.00 assessment provided for 1n
subdlV1Slon B above shall be increased by a percentage equal to
the percentage lncrease in the Consumer Price Index for All Urban
Consumers for the Los Angeles-Long Beach-Anaheim Metropolltan
Area as lssued by the United States Department of Labor from
January 1 through December 31 of the year prior to which the
assessment 1S due.
D. The penalty for non-payment of the assessment on
the due date shall be 10% of the amount of the assessment plus an
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add~t~onal 5% of the amount of the assessment for each month or
port~on thereof that the assessment 1S unpaid after the due date.
E. The assessment shall not apply to any person
operating a business from h~s or her princ~pal place of residence
with~n the proposen park~ng and bUSLness i~provement area and for
wh~ch a home occupatlon permit has been lssued In accor0ance with
the prov~sions of Article IX of the Santa Monica Munic~pal Code.
3. The proceeds of the assessment would be utilized for
general bus~ness promotion in the area by way of a contract
between the C~ty and an organlzat~on approved by a major~ty of
bus~nesses In the area. The C1ty would retaln 5% for collect~on
and adminLstrat~on.
4. A hear~ng on the establ~shment of the proposed park~ng
and busLness improvement area ~s set for January 10, 1984.
RECO~ft1ENDATION
It is respectfully recommended that the accompanying
resolutlon be adopted.
PREPARED BY:
Robert M. Myers, City Attorney
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CA: RMM : rmpromm
clty cauncll Meeting 12-13-83
Santa Monica, California
RESOLUTION NUMBER
(City Council Ser~es)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF Sfu~TA MONICA
DECLARING ITS INTENTION TO ESTABLISH A
PARKING AND BUSINESS IMPROVEMENT AREA
IN THE MAIN STREET AREA, 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 Park1ng and Bus1ness Improvement Area Law of
1979, Health and Safety Code Section 36500 et seq., authorizes
the c1ty of Santa Monlca to levy assessments on businesses with~n
a parklng and buslness improveMent area which is in aod~tion to
any other assessments, fees, charges, or taxes and to use such
proceeds for the beneflt of bus~nesses w~thin the park~nq and
bUSlness improvement area for such purposes 1ncluding the general
promot~on of bUS1ness activitLes ~n the area~ and
WHEREAS, businesses on Main Street have requested that the
City Councll establish a parking and business improvement area.
and
WHEREAS, the Clty Counc~l desires to establish a parking
and busLness 1mprovement area on Main Street from P1CO Boulevard
on the north to Marine Street on the south and on Pica Boulevard,
Bay Street, Bicknell Avenue, Pacific Street, Strano Street,
Hollister Street, Norman Place, Ocean Park Boulevard, Hl11
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Street, Ashland Avenue, Klnney Street,
Pier Avenue, and Marlne
Street between Neilson Way on the west and Second Street on the
east,
NOW, THEREFORE. THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. T~e C1ty Councl1 hereby declares its intention
to establish a park~ng and business ~mprovement area under and
pursuant to the Parking and Bus~ness Improvement Area Law of
1979.
SECTION 2.
The boundaries of the proposed park~ng and
bus~ness lmprovement area are desribed as follows:
Both sides of Main Street from Pica Boulevard
on the north to Marine Street on the south
and both s~des of P~co Boulevard, Bay Street,
Blcknell Avenue, Paclf~c Street, Strand
Street, Hollister Street, Norman Place, Ocean
Park Boulevard, H~ll Street, Ashland Avenue,
Klnney Street, Pler Avenue, and Marine Street
between Neilson Way on the west and Second
Street on the east.
SECTION 3. The City Councll proposes, ln addition to any
other assessments, fees, charges, or taxes, to levy an addltlonal
assess~ent In the proposed parklnq and business lmprovement area
as follows:
A. For any person hold~ng a reta~l sales tax perm1t,
one-tenth of one percent of total taxable sales payable on March
15 of each year and based upon the total taxable sales durlng the
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twelve month peri00 of January 1 through December 31 preceding
the March 15 pay~ent date. The max~rnu~ assessment under th~s
subdivis~on shall not exceeo $1,000.00 in any year adjusted as
provided below.
B. For any person not hold~ng a reta1l sales tax
permit and who has been ~ssued or requires a business license
frow the City, $300.00 payable on March 15 of each year and
adJusted as prov~ded below.
C. On March 15, 1985, and on each March 15
thereafter,
subdivls~on
the $1,000.00 maximum
A above and the $300.00
assessment provided for in
assessment provided for ~n
subdivis~on B above shall be increased by a percentage equal to
the percentage 1ncrease in the Consu~er Price Index for All Urban
Consumers for the Los Angeles-Long Beach-Anahelm Metropol~tan
Area as ~ssued by the Un1ted States Department of Labor frow
January through Decem~er 31 of the year prior to Wh1Ch the
assessment is due.
D. 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 18 unpaid after the due date.
E. The assessment shall not apply to any person
operat~ng a buslness from his or her prlncipal place of residence
w~thin the proposed parking and bus1ness ~mprovement area and for
which a home occupat~on permit has been issued ln accordance with
the provis~ons of Artlcle IX of the Santa Monica Municlpal Code.
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SECTION
4.
The proposed use to
5% for the
which the proceeds of the
cost of collection ann
assessment,
less
adm~n~strat~on, shall be put 18 the general promotion of bus1ness
actlvit~es in the area to be provided 0Y contract between the
City and an organ~zatlon that is approved by a majorlty of
businesses w1thin the proposed parking and business improvement
area.
SECTION 5. Notlce ~s hereby given that on January 10,
1984, at the hour of 7:30 p.m., in the City CouncLl Chambers
located in City Hall, 1685 Main Street, Santa ~onlca, Callforn~a,
a hearing w~ll he held by the City Councl1 to consider
establishment of the parklng and business Lmprovement area as
herelU
other
proposed.
interested
any
or
obJect~on to the
to any other action
establishment
of
Any bus~ness with1n
person, hav~ng
the proposed area
may file a wrltten
the proposed area, or any
proposed
herein
protest wlth the Clty Clerk
not later than the hour so fLxed for hearlng.
SECTION 6. The City Clerk shall cause this Resolution to
be published once 1n a newspaper of general c1rculation in the
City of Santa Monica and shall cause a complete copy of this
Resolution to be mailed, postage prepa1d, to each bUS1uess in the
proposed area. Publication and mailing shall be completed at
least 10 days prlor to the date of the hearinq.
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SECTION 7. The C1ty Clerk shall certify to the adoption of
thlS Resolut~on, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
~ t-~k~
Robert M. Myers ,.,
C~ty Attorney
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