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City Council Meeting 12-13-83
STAFF REPORT
Santa Monica, California
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TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Pesolution o£ Intention to Establish Lincoln
Boulevard Parking and Business Improvement Area
At its meeting on July 12, 1983, the City Council directed
the City Attorney to prepare an ordinance establishing a parking
and business improvement area on Lincoln Boulevard. In response
to this direction, the accompanying resolution of intention has
been prepared and is presented for City Council consideration.
Under the Parking and Business Improvement Area Law of
1979, Streets and Highways Code Section 36500 et seq., the City
Council may establish a parking and business improvement area and
levy assessments in such area for various business Dromotion
activities. Prior to the establishment o£ such an area, a
resolution o£ intention must first be adopted setting a public
hearing on the proposed parking and business improvement area.
The accompanying resolution contains the following
principal provisions:
1. A parking and business improvement area is proposed to
be established. on Lincoln Boulevard from Wilshire Boulevard to
the south City limits.
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2. All businesses in the area would pay an assessment as
follows:
A. For any person holding a retail sales ta.x permit,
one-tenth of one percent of total taxable sales payable on March
15 of each year and based upon the total taxable sales during the
twelve month period of January 1 through December 31 preceding
the March 15 payment date. The maximum assessment will not
exceed $1,000.00 in any year adjusted as provided below.
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 March 15 of each year and
adjusted as provided below.
C. On March 15, 1985, and on each March 15
thereafter, the $1,000.00 maximum assessment provided for in
subdivision A above and the $300.00 assessment provided for in
subdivision B above shall be increased by a percentage equal to
the percentage increase in the Consumer Price Index for A11 Urban
Consumers for the Los Angeles-Long Beach-Anaheim Metropolitan
Area as issued by the United States Department of Labor from
January 1 through December 31 of the prior year.
D. The penalty for non-payment of the assessment on
the due date shall be lOg 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.
E. The assessment shall not apply to any person
operating a business from his or her principal place of residence
within the proposed parking and business improvement area and for
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which a home occupation permit has been issued in accordance with
the Provisions for Article IX of the 6anta Monica Municipal Code.
3. The proceeds of the assessment would be utilized for
general business promotion in the area by way of a contract
between the City and an organization approved by a majority of
businesses in the area. The City would retain 5% for collection
and administration.
4. A hearing on the establishment of the proposed parking
and business improvement area is set for January 10, 1984.
RECOMMENDATION
It is respectfully recommended that the accompanying
resolution be adopted.
PREPARED BY: Robert M. Myers, City Attorney
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CA:RMM:rmproml
City Council Meeting 12-13-83 Santa Monica, California
RESOLUTION NUMBER
(City Council 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 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 within the parking and
business improvement area for such purposes including the general
promotion of business 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 establish a Harking
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 FOLLOb4S:
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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 desribed as follows:
Both sides of Lincoln Boulevard from Wilshire
Boulevard on the north to the south City
limits.
SECTION 3. The City Council proposes, in addition to any
other assessments, fees, charges, or taxes, to levy an additional
assessment in the proposed 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 March
15 of each year and based upon the total taxable sales during the
tcaelve month period of January 1 through December 31 preceding
the March 15 payment date. The maximum assessment under this
subdivision shall not exceed $1,000.00 in any year adjusted as
provided below.
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 March 15 of each year and
adjusted as provided below.
C. On March 15, 1985, and on each March 15
thereafter, the $1,000.00 maximum assessment provided for in
subdivision A above and the $300.00 assessment provided for in
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subdivision B above shall be increased by a percentage equal to
the percentage increase in the Consumer Price Index for All Urban
Consumers for the Los Angeles-Long Beach-Anaheim Metropolitan
Area as issued by the United States Department of Labor from
Janaury 1 through December 31 of the prior 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
additional So of the amount of the assessment for each month or
portion thereof that the assessment is unpaid after the due date.
E. The assessment shall not apply to any person
operating a business from his or her principal place of residence
within the proposed 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 Municipal Code.
SECTION 4. The proposed use to which the proceeds of the
assessment, less So 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 a majority of
businesses within the proposed parking and business improvement
area.
SECTION 5. Notice is hereby given that on January 10,
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
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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.
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 complete copy of this
Resolution to be mailed, postage prepaid, to each business in the
proposed area. Publication and mailing shall be completed at
least 10 days prior to the date o£ the hearing.
SECTION 7. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
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