R10873City Council Meeting: April 28, 2015
Santa Monica, California
RESOLUTION NUMBER /OV13 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO
ESTABLISH NEW BENEFIT ZONES WITHIN THE DOWNTOWN
SANTA MONICA PROPERTY -BASED ASSESSMENT 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 Colorado Avenue Property -Based Assessment
District Overlay Zone Management Plan (the "Management Plan ") to fund new and
enhanced activities and improvements through the establishment of benefit zones within
an existing property and business improvement district, the Downtown Santa Monica
Property -Based Assessment District (the "Downtown PBAD "); 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
establish benefit zones within the Downtown PBAD (the "PBAD Overlay Zone "); and
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WHEREAS, the City Council finds that a description of the exterior boundaries of
the proposed PBAD Overlay Zone are shown on the proposed map entitled, "PBAD
Overlay Zone, City of Santa Monica, County of Los Angeles, State of California" (the
"PBAD Overlay Zone 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 "PBAD Overlay Zone, 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 establishment
of a PBAD Overlay Zone in the form on file with the City Clerk by certain property
owners requesting the establishment of the PBAD Overlay Zone 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
property owners in the proposed PBAD Overlay Zone who will pay more than 40% of
the assessments to be levied on property within the proposed PBAD Overlay Zone (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 (the "Engineer's
Report") prepared
in connection
with the proposed
E
establishment of the PBAD Overlay Zone and the levy of assessments, and presented
at this meeting; and
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 establish benefit zones (the "PBAD Overlay Zone ") as
requested in the Petition, and the City Council hereby sets a public hearing on the
proposed establishment of the PBAD Overlay Zone 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 PBAD Overlay Zone.
SECTION 3. Acceptance of Petition. The City Council accepts the Petition as
filed, and hereby initiates proceedings for the establishment of the requested benefit
zones to be known as the PBAD Overlay Zone.
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SECTION 4. Mailing of Ballots. The City Council hereby authorizes the mailing
of ballots to all property owners within the proposed PBAD Overlay Zone.
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
PBAD Overlay Zone formation for City -owned properties located within the boundaries
of the proposed PBAD Overlay Zone.
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 PBAD Overlay Zone. 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 PBAD Overlay Zone. 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 PBAD Overlay Zone. 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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Adopted and approved this 28th day of April, 2015.
Kevin McKeown, Mayor
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution No. 10873 (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