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R10896City Council Meeting: July 14, 2015 ATTACHMENT'$ Santa Monica, California RESOLUTION NUMBER 1099 � (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE MANAGEMENT PLAN AND ENGINEER'S REPORT, ORDERING THE FORMATION OF NEW BENEFIT ZONES WITHIN THE DOWNTOWN SANTA MONICA PROPERTY -BASED ASSESSMENT DISTRICT, AND AUTHORIZING THE LEVY AND PLACEMENT OF ASSESSMENTS ON THE PROPERTY TAX ROLLS EACH YEAR 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., as modified by Santa Monica Municipal Code Chapter 2.38 (collectively, "Applicable Law "), the City Council intends to establish new benefit zones within the Downtown Santa Monica Property -Based Assessment District (the "Downtown PBAD "); ME 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 the Colorado Avenue Property -Based Assessment District Overlay Zone (the "PBAD Overlay Zone ") for the purpose of funding activities and improvements through the establishment of benefit zones within an existing property and business improvement district, the Downtown PBAD, as more fully described and set forth in the Colorado Avenue Property -Based Assessment District Overlay Zone Management Plan (the 1 "Management Plan ") and the assessment engineer's report (the "Engineer's Report ") prepared in connection with the proposed PBAD Overlay Zone, The Petition, Management Plan, and Engineer's Report are incorporated herein by reference and copies thereof are on file with the City Clerk; and WHEREAS, a description of the exterior boundaries of the proposed PBAD Overlay Zone are shown on the proposed assessment diagram entitled "PBAD Overlay Zone, City of Santa Monica, County of Los Angeles, State of California (the "Assessment Diagram "), a copy of which is on file with the City Clerk and was presented to the City Council at the April 28, 2015 meeting; and WHEREAS, on April 28, 2015, the City Council adopted Resolution No. 10873 (CCS), entitled "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, and said Resolution No. 10873 (CCS) also authorized the City Manager to cast a ballot in support of formation of the PBAD Overlay Zone for City -owned properties located within the boundaries of the proposed PBAD Overlay Zone; and WHEREAS, the City has mailed a ballot to each property owner of record within the proposed PBAD Overlay Zone; and VA WHEREAS, on June 23, 2015, at 6:30 p.m., a duly noticed public hearing was held in the City Council Chambers at City Hall, 1685 Main Street, Santa Monica, California, at which the City Council provided an opportunity for any interested person present to be heard and accepted assessment ballots from property owners of record until the close of the hearing; and WHEREAS, following the close of the public hearing, the assessment ballots submitted to the City Clerk prior to the close of the public hearing were tabulated, and the City Clerk has determined that the ballots submitted in favor of the assessment exceed those submitted in opposition, with the ballots having been weighted in accordance to the proportional financial obligation of the affected properties; and WHEREAS, it having been determined that there is no majority protest, the City Council orders the formation of the PBAD Overlay Zone and the levy of assessments as set forth in the Engineer's Report, and authorizes all required actions to complete the establishment of the PBAD Overlay Zone. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council overrules each of the protests, written and oral, to the proposed assessment. SECTION 2. The City Council declares that the assessment is lawfully authorized, confirms and adopts the assessment and Assessment Diagram now on file with the City Clerk, and directs the City Clerk to cause the Assessment Diagram to be 3 filed with the Office of the Los Angeles County Recorder and concurrently therewith to record a Notice of Assessment with respect to the property in the Office of the Recorder of the County of Los Angeles. SECTION 3. The City Council approves and adopts the Management Plan and Engineer's Report, copies of which are on file with the City Clerk. The activities and improvements to be funded by the levy of assessments and the amount of the assessments to be levied on property owners within the PBAD Overlay Zone are described in detail in the Engineer's Report. SECTION 4. The City Council finds that the properties within the boundaries of the PBAD Overlay Zone will receive a special benefit from the improvements and activities funded by the assessments to be levied, and that the total amount of all special benefits to be conferred on the properties is set forth in the Engineer's Report. The general benefit from the improvements and activities funded by the assessments will be funded by the City and not through assessments levied on the properties receiving special benefit. SECTION 5. The City Council confirms and levies each individual assessment as stated in the Engineer's Report. SECTION 6. The City Council declares and orders the formation and establishment of new benefit zones pursuant to Applicable Law, to be designated the Colorado Avenue Property -Based Assessment District Overlay Zone (the "PBAD Overlay Zone ") with benefit zones designated as East of 5th Court and West of 5th 2 Court, the boundaries of which are shown on the Assessment Diagram, a copy of which is on file with the City Clerk. SECTION 7. The City Council resolves that the improvements and activities to be provided to properties within the PBAD Overlay Zone will be funded by the levy of assessments, the revenue from which shall not be used to provide such improvements or activities outside the PBAD Overlay Zone or for any purpose other than the purposes specified in the Management Plan. SECTION 8. No bonds will be issued in conjunction with formation of the PBAD Overlay Zone. However, future amenities and improvements may be financed by the issuance of bonds. SECTION 9. The properties located in the PBAD Overlay Zone established by this Resolution shall be subject to any amendments to Applicable Law. SECTION 10. The City Clerk shall certify to the adoption of this Resolution, and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: GW4AD AAA MA S, IA JONTIS MOUT E City Attorney Adopted and approved this 14th day of July, 2015. KevinJ,,, kL L - McKeown, Mayor I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10896 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 14th day of June, 2015, by the following vote: AYES: Councilmembers: Davis, Himmelrich, Winterer, O'Connor, O'Day Mayor McKeown, Mayor Pro Tern Vazquez NOES: Councilmember: None ABSENT: Councilmember: None ATTEST: k Sarah P. Gorman, City Clerk