R10872City Council Meeting: April 28, 2015
Santa Monica, California
RESOLUTION NUMBER /0x_17_ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO
ESTABLISH A PROPERTY AND BUSINESS IMPROVEMENT DISTRICT,
AUTHORIZING THE ACCEPTANCE OF PETITIONS FROM
PROPERTY OWNERS, MAILING OF BALLOTS TO
PROPERTY OWNERS, SETTING OF A PUBLIC HEARING,
AND ACCEPTING THE ENGINEER'S REPORT
WHEREAS, on February 10, 2015, the City Council approved the
recommendations of the proposed Lincoln Boulevard Property -Based Assessment
District Management Plan (the "Management Plan ") to fund new and enhanced
activities and improvements through the establishment of a property and business
improvement district; and
WHEREAS, under the authority of the Property and Business Improvement
District Law of 1994, codified at California Streets and Highways Code Sections 36600
et seq. ( "the State Law "), as modified by Santa Monica Municipal Code Chapter 2.38
(collectively, "Applicable Law "), the City Council intends to initiate proceedings to form a
property -based improvement district (the "Lincoln PBAD "); and
WHEREAS, the City Council finds that a description of the exterior boundaries of
the proposed Lincoln PBAD are shown on the proposed district map entitled, "Lincoln
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Boulevard Property -Based Assessment District, City of Santa Monica, County of Los
Angeles, State of California" (the "District Map "), a copy of which is on file with the City
Clerk and presented at this meeting. The land within the exterior boundaries shown on
the map shall be designated "Lincoln Boulevard Property -Based Assessment District,
City of Santa Monica, County of Los Angeles, State of California "; and
WHEREAS, on April 28, 2015, pursuant to Applicable Law, the City Council was
presented with signed written petitions (collectively, the "Petition ") for the formation of
the Lincoln PBAD in the form on file with the City Clerk by certain property owners
requesting the formation of the Lincoln PBAD for the purpose of the activities and
improvements and the amount of the proposed assessment as described and set forth
in the Management Plan, a copy of which is on file with the City Clerk; and
WHEREAS, it has been certified that the Petition contains the signatures of the
owners of property in the proposed district who will pay more than 40% of the
assessments to be levied on property within the proposed Lincoln PBAD (and the
amount of assessment attributable to property owned by the same property owner is not
in excess of 40% of the amount of all assessments proposed to be levied), which
Petition includes a summary of the Management Plan in compliance with Applicable
Law; and
WHEREAS, the City Council desires to accept the report of the assessment
engineer ( "Engineer's Report ") prepared in connection with the proposed formation of
the Lincoln PBAD and the levy of assessments, and presented at this meeting; and
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WHEREAS, pursuant to Article XIII D, Section 4, of the California Constitution,
publicly -owned properties that receive special benefit from the proposed activities and
improvements must be assessed a proportionate share of the costs thereof;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct, and the City
Council so finds and determines.
SECTION 2. Declaration of Intention and Setting of Public Hearing. The
public interest, convenience, and necessity require and the City Council hereby
declares its intention to form a property -based improvement district (the "Lincoln
PBAD ") as requested in the Petition, and the City Council hereby sets a public hearing
on the proposed establishment of the Lincoln PBAD and the levy of assessments for
June 23, 2015, at 6:30 p.m. in the City Council Chambers at 1685 Main Street, Santa
Monica, California, and authorizes all required actions to initiate proceedings for
establishment of the proposed Lincoln PBAD.
SECTION 3. Acceptance of Petitions. The City Council accepts the Petition as
filed, and hereby initiates proceedings for the formation of the requested property -based
improvement district to be known as the Lincoln PBAD.
SECTION 4. Mailing of Ballots. The City Council hereby authorizes the mailing
of ballots to all property owners within the proposed Lincoln PBAD.
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SECTION 5. Authorization for Casting of Ballot for City -Owned Properties.
The City Council hereby authorizes the City Manager to cast a ballot in support of the
Lincoln PBAD formation for City -owned properties located within the boundaries of the
proposed Lincoln PBAD.
SECTION 6. Engineer's Report. The firm of Kristin Lowell & Associates, Inc., of
Roseville, California, has prepared the Engineer's Report required for the establishment
of the proposed Lincoln PBAD. The Engineer's Report describes in detail the proposed
activities and improvements and the amount of the proposed assessment to be levied
on property owners within the proposed Lincoln PBAD. The Engineer's Report is hereby
accepted.
SECTION 7. No Issuance of Bonds. There is no planned issuance of bonds in
conjunction with establishment of the Lincoln PBAD. However, future amenities and
improvements could be financed by the issuance of bonds.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
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Lincoln Boulevard Property -Based Assessment District, City of Santa Monica,
County of Los Angeles, State of California
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Lincoln Blvd. PBAD
Adopted and approved this 28th day of April, 2015.
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Kevin McKeown, Mayor
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution No. 10872 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 28th day of April, 2015, by the following vote:
AYES: Councilmembers: Davis, Himmelrich, O'Connor, Winterer
Mayor McKeown, Mayor Pro Tern Vazquez
NOES: Councilmember: None
ABSENT: Councilmember: O'Day
ATTEST:
Sarah P. Gorman, City Clerk