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
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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
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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.
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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
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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:
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Sarah P. Gorman, City Clerk