R-9018
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f:\atty\muni\laws\mox\assessmt.2
city Council Meeting: April 9, 1996
Santa Monica, California
RESOLUTION NUMBER
9018
(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA DECLARING ITS INTENTION TO
ESTABLISH A MAIN STREET BUSINESS IMPROVEMENT AREA
WHEREAS, the C
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:a Monica
proposes to establis
rea for the
Main Street commerci
~scribed
herein: and
WHEREAS, the ci1
5, directed
staff to prepare a Res
ish a Main
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street Business Improvt
WHEREAS, in preparation for the proceedings relating to
such Resolution, staff caused to be prepared a financial
consultant's report (hereinafter "Report") to provide analysis of
the proposed Business Improvement Area: and
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WHEREAS, Ordinance 1606 of the City of santa Monical
adopted November 261 1991, as amended by Ordinance 18451 adopted
March 19, 1996, (hereinafter "Ordinance 1606") sets forth the
procedures by which new Business Improvement Areas may be formed
within the city; and
WHEREAS, it has been determined by the City Council that
proceedings be commenced for the formation of such Business
Improvement Area and the levying of assessments pursuant to City
Ordinance 1606 (as amended by Ordinance 1845);
NOW I THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That this City Council hereby declares its
intention to establ ish a Business Improvement Area ("BIA") which
shall be comprised of all commercially zoned parcels within that
area bounded on the north by Pico Boulevard, the west by Neilson
Way, the south by the southerly City limit, and the east by
Second Street and an imaginary line extending Second street north
to Pico Boulevard, a map of which is included as Exhibit D to the
Report and incorporated herein by reference.
SECTION 2.
That the assessments levied within such
proposed BIA shall be used for any of the following purposes:
1) Operation and maintenance of the capital improvements
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to be constructed pursuant to the Main street
streetscape Improvement Plan, and supplemental
operation and maintenance activities within the Main
street BlA as required.
2) General promotion and marketing of commercial trade
activities wi~hin the BIA, promotion of public events
and decoration of any pUblic place in the area.
3) Any other purposes allowable under Ordinance 1606.
SECTION 3. That this BIA shall become effective on
January 1, 1997. All assessments due under such BIA shall be
payable concurrently and at the same time as the general business
license tax. For failure to pay said assessments on the due date
thereof, penalties shall be exacted as set forth in Section
6.04.160 of the Santa Monica Municipal Code.
SECTION 4.
That an assessment will be levied against all
person or entities operating a business establishment within such
proposed Main street BlA. For fees due July 1, 1997, the Main
street BlA assessment will be a fee equivalent to the following
(all fees calculated on calendar 1996 gross receipts):
Business Assessment
Classification Fee Amount
Retail 0.1% of Gross Receipts
All others
$25 flat fee
Annual
Minimum
$25.00
$25.00
Annual
Maximum
$1/000.00
$25.00
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For fees due July 1, 1998, and thereafter unless amended by City
Council, the Main street BIA assessment will be a fee equivalent
to the following (all fees calculated on gross receipts for the
preceding calendar year):
Business Assessment Annual Annual
Classification Fee Amount Minimum Maximum
Retail 0.2% of Gross Receipts * $200.00 $3,000.00
All Others 0.1% of Gross Receipts * $200.00 $1/000.00
*Gross Receipts is defined in Santa Monica Municipal Codel
Article 6, Section 6.04.010 (d).
SECTION 5.
That the improvements and activities to be
provided in the area will be funded by the levy of assessments
described in Section 4 above. The revenues from such assessments
shall be used exclusively within the BlA described herein, and
shall not be used to provide improvements or activities outside
such BlA.
SECTION 6.
That the city Council hereby finds and
declares that the businesses and the property within the proposed
BlA will be benefitted by the improvements and activities funded
by the assessments proposed to be levied.
SECTION 7.
That a public hearing on the establishment of
the proposed Main street BlA will be held on Tuesday, May 141
1996 at 6:30 p.m. in the city Council Chambers, 1685 Main Street,
Santa Monica, California. At such public hearing, the City
Council will hear public testimony on the proposed BlA, including
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any protests and objections to the establishment of such BlA.
SECTION 8. That notice of such public hearing shall be
published and mailed in accordance with section 8 of City
Ordinance 1606. A copy of Ordinance 1606 is on file in the
office of the City Clerk of Santa Monica.
SECTION 9.
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:
~
MARSHA JO
MOUTRlE
City Attorney
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Adopted and approved thiS 9th of Apnl, 1996
,Q~
Mayor
I hereby certify that the foregomg ResolutlOn 9018 (CCS) was duly adopted at a meetmg
of the CIty CouncIl held on the 9th of Apnl, 1996 by the followmg vote
Ayes
CouncIlmembers
Abdo, Ebner, Greenberg, Holbrook, O'Connor
Noes
CouncIlmembers
None
Abstam
Councllmembers
None
Absent
Counctlrnernbers
Genser. Rosenstem
ATTEST
~'~,~0
City Clerk