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R10895City Council Meeting: July 14, 2015 Santa Monica, California RESOLUTION NUMBER 100c (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 A PROPERTY AND BUSINESS IMPROVEMENT 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 a property and business improvement district; and WHEREAS, on April 28, 2015, pursuant to Applicable Law, the City Council was presented with written signed petitions (collectively, the "Petition ") for the establishment of a property and business improvement district, the Lincoln Boulevard Property -Based Assessment District (the "Lincoln PBAD "), for the purpose of funding activities and improvements as more fully described and set forth in the Lincoln Boulevard Property - Based Assessment District Management Plan (the "Management Plan ") and the assessment engineer's report (the "Engineer's Report") prepared in connection with the proposed Lincoln PBAD. The Petition, Management Plan, and Engineer's Report are incorporated herein by reference and copies thereof are on file with the City Clerk; and 1 WHEREAS, a description of the exterior boundaries of the proposed Lincoln PBAD is shown on the proposed assessment diagram entitled "Lincoln Boulevard Property -Based Assessment District, City of Santa Monica, County of Los Angeles, State of California ( "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. 10872 (CCS), entitled "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; and WHEREAS, the City has mailed a ballot to each property owner of record within the proposed Lincoln PBAD; and 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 2 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 Lincoln PBAD and the levy of assessments as set forth in the Engineer's Report, and authorizes all required actions to complete the establishment of the Lincoln PBAD. 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 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 Lincoln PBAD are described in detail in the Engineer's Report. K SECTION 4. The City Council finds that the properties within the boundaries of the Lincoln PBAD 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 finds that the unique circumstances of single - family residential properties within the boundaries of the Lincoln PBAD that are in residential use, owner - occupied, and front an alley, warrant their exemption from the assessments to be levied upon properties located within the Lincoln PBAD. The assessments to be levied on such single - family residential properties will be funded by the City and not through assessments levied on those properties. SECTION 6. The City Council confirms and levies each individual assessment as stated in the Engineer's Report. SECTION 7. The City Council declares and orders the formation and establishment of a property and business improvement district under Applicable Law and that it be designated the "Lincoln Boulevard Property -Based Assessment District" (the "Lincoln PBAD "), the boundaries of which are shown on the Assessment Diagram, a copy of which is on file with the City Clerk. SECTION 8. The City Council resolves that the improvements and activities to be provided to properties within the Lincoln PBAD will be funded by the levy of S assessments, the revenue from which shall not be used to provide such improvements or activities outside the Lincoln PBAD or for any purpose other than the purposes specified in the Management Plan. SECTION 9. No bonds will be issued in conjunction with formation of the Lincoln PBAD. However, future amenities and improvements may be financed by the issuance of bonds. SECTION 10. The properties located in the Lincoln PBAD established by this Resolution shall be subject to any amendments to Applicable Law. SECTION 11. 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: Adopted and approved this 14th day of July, 2015. Kevin McKeown, McKeown, Mayor I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10895 (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: slgb- ' Sarah P. Gorman, City Clerk