R-9018 (2)
.
.
f:\atty\muni\laws\mox\assessmt.2
City council Meeting: April 9, 1996
Santa Monica, California
RESOLUTION NUMBER
10l~
(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 City Council of the City of Santa Monica
proposes to establish a new Business Improvement Area for the
Main Street commercial area as more particularly described
herein; and
WHEREAS, the City Council, on November 14, 1995, directed
staff to prepare a Resolution of Intention to establish a Main
Street Business Improvement Area, and
WHEREAS I in preparation for the proceedings relating to
such Resolution, staff caused to be prepared a f~nancial
consultant's report (here~nafter "Report~) to prov~de analysis of
the proposed Business Improvement Area; and
.
.
WHEREAS, Ordinance 1606 of the C~ty of Santa Monica,
adopted November 26, 1991, as amended by Ordinance 1845, adopted
March 19, 1996, (hereinafter MOrdinance 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 C~ty 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, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That th1S City Council hereby declares its
intention to establish a BUs1ness 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 limitl and the east by
Second street and an imaginary I1ne extending Second Street north
to Pico Boulevard, a map of which is included as Exhibit 0 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:
I} Operation and ma~ntenance of the capital improvements
.
.
to be constructed pursuant to the Main street
streetscape Improvement Plan, and supplemental
operation and maintenance activities within the Main
street BIA as required.
2) General promotion and marketing of commerc1al trade
act~v~ties with~n the BIA, promotion of publ1c 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 2, 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 w1ll be levied against all
person or ent~ties operating a business establishment within such
proposed Main street BlA. For fees due July 11 1997, the Main
street BrA assessment will be a fee equivalent to the following
(all fees calculated on calendar 1996 gross rece1pts):
Business Assessment
Classification Fee Amount
Reta~l 0.1% of Gross Receipts
$25 flat fee
Annual
Minimum
$25.00
$25.00
Annual
Maximum
$1,000.00
All Others
$25.00
.
.
For fees due July 1, 1998, and thereafter unless amended by City
Council, the Main Street BIA assessment w1ll 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 Rece~pts* $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 Code,
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 activit~es outside
such BIA.
SECTION 6.
That the City Council hereby finds and
declares that the bus~nesses and the property within the proposed
BIA 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 14,
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
.
.
any protests and objections to the establishment of such BIA.
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 Mon~ca.
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:
-/~Jl~J~
MARSHA JO~'S MOUTRIE .
City Attorney
PROOF OF PUBLICATION
(2015.5 C C.P)
STATE OF CALIFORNIA
County of Los Angeles
I am a citizen of the United States and a resident
of the County aforesaid, I am over the age 01
eighteen years, and not a party to or Interested In
the above-entitled matter I am the principal clerk
01 the printer of The Argonaut, a newspaper 01
general circulation, printed and published weekly
In the County of Los Angeles, State of Cahfornla,
under the date of March 7, 1973, modified Octo-
ober 5,1976. Case Number C 47170, that the
notice of which the annexed IS a pnnted copy (set
In type not smaller than nonpareil), has been
published In each regular and enllre Issue of said
newspaper and not In any supplement thereof on
the following date, to-Wit
April 1
Allin the year 1999
I Certify (or declare) under penalty of perjury that
the foregoing IS true and correct
Dated at
Manna del Rey
California, thiS 1st
Dayof Apr, 1999
Signature
~<< ~\W~.
David Maury
! ~ '
:1hefiArgonautl
Mailing address POBox 11209 Manna del Rey, CA 90295-7
Office located at 5355 McConnell Avenue lA, CA 90066
Phone (310) 822-1629 Fax (310) 822-2069
~ Me8bng;03-23-99 " Santa Manica,~' ~
RESOLUTION NUMBER 9381 (CCS)
(CITY COUNCIL SERIES) ;
i
A RESOLtmON OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO AWDlFY AND AMEND THE MAIN STREET
BUSINESS IMPROVEMENT AReA ASSESSMENT DISTRICT AND REPEAL
RESOLunON NUMBER 9018 (CCS)
WHEReAS on Apn110, 1964, \he CtIy Coorol a<kJpIed Ol'1lnan<:e No 130:1 (CCSI -
establIShed a Mam street BUSlI1e6S ImprovernenI Area and ault1ori%ecllhe Cdy Council 10 I8'vy an
assessmentonbusmesslocated ..tlIlo1!hellOUndanes 01 sueI1 MatnS1reetE\USIMSS I~I
Area, and
WHEREAS. the Cdy Council of the CIIy of Sarna Monoc& _ to molliIy and amenllthe
BUSiness Improvemsnl Area lor the Main Street oommeraal area as more par1IcuIarIY ""~
heretnand
WHEREAS. Dr<IlnancB Number 1606(CCS) 01 the Crlyof Santa MonICa, ""'_,:-'_,,clNoYember
26.1991, as amencIecl'OyOnlmaIlCeNurmer 1845 (CCS). adllpIedMalt:tt 19. 1996, (henRna1\er
colie<:lwely 'Ordinance No 1606") sets forth the procedures govemmg Blaness IrnpIlIlfllIIII!
Areas WIthin the CIIy. and
WHEREAS. rt has been determined by the Crty Counollt>al pmoeedIIlgS be commenced 11
accordance WIth Dr<Ilnance No 1606 lor lhe rnoclIfK:abon aOO a.....- of 1lJ& MaIn -
&Sll1ess Improvement Area and Ihe levying of assessments pul'Suant 10 0Il:IInance 1606, and
WHEREAS. on Apn19, 1996 the Crty Cooool adapled ResoIulIon NumIler9018 -.mg lIS
Inleotron to modify and amend the Main Street BuSlOOSS Improvement Area. and
WHEREAS. no fur1her proceedings _e taken uncler Aesolubon Nuntler 9018 Ices) lO
rnodlly and amend the Mall1 Street BustneS$ Im__ Area and
WHEREAS. the CrIy CouncIl 01 the CIty of Santa MonICa now pIllpQll8s 10 lake steps
necessary 10 modlly and ameOO the Main S1reet BUSIness Improvement _.
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES
HEREBY RESOlVE AS FOLLOWS
SECTION 1 ResolubOO Number 9018 (CCS) .. repAale<ll1l1S enbr8Iy
SECTION 2 The Crty Couool hereby deClares lIS Intenbo" to mo<ify and amer1d the MaIn
S~ BUSiness Improvemenl Area ("Mal" Street BJA'l whICh cornpnses bUSInesses lOcaled 00
Prop<lrty borOenng on edher SIde 01 Main Strllf!I from Poco Boulevard on the north to 1he soutl1 C1IY
Ilm~s onlhe _.ndOO edhersode of Ocean Park Boulevard. Hili S1JeeI. AshlandAveoue, Kinney
Street. plel Avenue, and Manne SlTBeI between Neilson Way or> the west and Second Street 00
the east
SECTION 3 The assessments levJed """'n thiS proposed Ma., Street BlA __ be used
lor any 01 the foIIowmg purposes
1) Operabon and maintenance of Ihe caprtal ImprQvemerdS 10 be CQnSInIcIed
pursuanllo the Main Street SlrlIetscape Improvement Plan. and supplemental
operation and maintenance actMbes wdhin the Mam Street B1A as reqUired
2) General promOllOn and marketong of commeJ'Clallrade a_ within !he !IIam
Street BU'.. p<OmOlIM 01 pubilC evlll1t$ and deoor8IIOn d. ...... public place in h
area
3) Any other purposes a_able under Ordmance 1606.
SECTION 4 ThiS modlhcallon and amendment of !he MaIO S1reel BIA shall becomI!
e\1eCIlve upon a<lop\lQn of an ortIlnance puraUanllll OrdInance 1606 All assess_ due under
lIlos Ma,n Street BIA shaD be payable concurrenlly and alh same lime as the genend business
Iocensetax For lartureto pay sa,d assessments on !he dUe dale _. penalbes sI1aII be exacled
as set lorth m Sec1Jon 6 04 160 01 the Santa Mooo:;a MunICIpal Code
SECTION 5 ThaI an assessment WIll be levIe<I agalllSl a~ peraons or enl1tlIlS 0!>M8MII J
bUSIness establishment Wlttlln such proposed Matn Streel BIA For fees due July 1, 1999 and
mereafter. unless amended by the City Counctl the Mam Street BuSIness Improvement Area
assessment "'II be a lee equIValent to the 100Iowmg
BUSINESS ASSESSt.AENT
ClASSIACATION FEE AMOUNT
Retail I x BuSIness ltcense Tax" 52000 00
RecreatJon and
Entertainment $100 00 Flat fee
~ntlBroker $100 00 Flat Fee
Auto Dealer $100 00 Flat Fee
Contractor/SubcOntractor Sloo 00 Flat Fee
CorporatelAdmlTllstrattve
Headquarters Sloo 00 Flat Fee $10000
ProfeSSIOns' S10000 Flat Fee $10000
Manufacturers 5100 00 Flat Fee $100 00
SeMC8s $10000 Flat Fee $100 00
WhOlesalers $10000 Flat Fee 5100 00
U1Ih"es $10000 Flat Fee $10000
"SUSIlles8 1.Jce_ TSJ< rales are sellorth In ArIIcIe 6 of !he Sarna Maruca MUIlICIpaI Code
SECTION 6 The a_menl shall not awly 10 any person operatillQ a bustne$S!rom his
or her pnnClpal place of residence Wllllln lIle Main Streel BIA and lor whICh a home occupallon
permrt has been ISSUed In accorDance With lIle proVISIonS of Arbcle IX 01 the Santa Monica
Mu",clpal Code
SECTION 7 The Improvements and actlVllles to be prOVided ,n 1he area WIll be funded by
the Ievyol assessments descnbe<ll" SeCIlon 5 above The revenues from such assessments shall
be used exclus....lyWlthln the MaIO Street BIA descnbed herem, and shall not be used 10 proVide
Imp-oOv-eme!lt5'Of ad'''',t\eS ootS-lde such SIA
SECTION 8 A publIC heanng on the propoo;ed Mam Street BIA will be held at 7 00 P m 00
Tuesday April 13, 1999, or as soon Ihe(eafter as !he matter may be heart!. In lhe lemporary CIIy
Council Chambers located al lIle Main library Audotonum at 1343 6th Street, Santa Monoca.
Caillornla Pol such pubhc heamll,lhe CIty Council WIll heal pub1lctesllmOny onlOO proposed MaIO
Street BIA. IOdudmg any protests and 0bteC110ns to the BIA
SECTION 9 That nOllce 01 suCh publiC heanng shall be publl$l1ed and mailed In
accordance wllh SectLon 8 of Clty Ordtnance 1606lCCS) A copy 01 Ordtnance 1606 's on file In
the ofllce o1lhe CIIy Clerk.
SECTION 10 TheCrtyClerkshallcertJfylotheadllpbOllollhs Resolullon, and1hencelorth
and thereafter the same shall be In fulllorce and effect
APPROVED AS TO FORM
CITY ATTORNEY
Mople<l and approved thiS 23rd of March, 1999
ISI Pam O'Connor
Pam O'Connor, Mayor
I, Mana M Stewart, City CIeri< ot lIle City oi Santa Momca, cia hefeby oertlly lhat the
foregoing Resolution 9381 (CeS) was duly aclapled al a meetJng of the Santa Monoca CIIy Counctl
held on the 23rd of March, 1999 by the follOWing vote
Ayes CoullCllmembers feinstein Ganser, HOlbrook. M<:Kemvn. O'Connor, Rosenstem
Noes Councllmel'J'lbeJ'$ None
Abstain Cou""'lmembers None
Absente Coul1Cllmembers None
ATTEST IS! Mana M S_art
Mana M Siewart, CIIy Clerk
ANNUAL
MAXIMUM
$100 00
$10000
5100 00
$10000