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 ");
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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
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"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
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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
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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
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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:
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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:
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Sarah P. Gorman, City Clerk