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R-9381 . . f:\atty\muni\laws\mox\mamst bla City Council Meeting 03-23-99 Santa MOnica, California RESOLUTION NUMBER 9381 (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO MODIFY AND AMEND THE MAIN STREET BUSINESS IMPROVEMENT AREA ASSESSMENT DISTRICT AND REPEAL RESOLUTION NUMBER 9018 (CCS) WHEREAS, on Apnl1 0, 1984, the City Council adopted Ordinance No 1303 (CCS) which established a Main Street Business Improvement Area and authorized the City Council to levy an assessment on business located within the boundanes of such Main Street Business Improvement Area, and WHEREAS, the City Council of the City of Santa Momca proposes to modify and amend the Business Improvement Area for the Main Street commercIal area as more particularly desCribed herein, and WHEREAS, Ordmance Number 1606 (CCS) of the City of Santa MOnica, adopted November 26, 1991, as amended by Ordinance Number 1845 (CCS), adopted March 19, 1996, (hereinafter collectively "Ordinance No 1606") sets forth the procedures govermng Business Improvement Areas Within the City, and 1 e . WHEREAS, It has been determmed by the City Council that proceedmgs be commenced In accordance with Ordinance No 1606 for the modification and amendment of the Main Street Business Improvement Area and the levYing of assessments pursuant to Ordinance 1606 and WHEREAS, on April 9, 1996 the City Council adopted Resolution Number 9018 declaring Its mtentlon to modify and amend the Main Street Business Improvement Area, and WHEREAS, no further proceedings were taken under Resolution Number 9018 (CCS) to modify and amend the Main Street Business Improvement Area; and WHEREAS, the City Council of the City of Santa MOnica now proposes to take steps necessary to modify and amend the Main Street Business Improvement Area, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS SECTION 1 Resolution Number 9018 (CCS) IS repealed In ItS entirety SECTION 2 The City Council hereby declares Its intention to modify and amend the Main Street Business Improvement Area ("Main Street BIA") which comprises businesses located on property bordenng on either Side of Mam Street from Pica Boulevard 2 . . on the north to the south City limits on the south and on either side of Ocean Park Boulevard, HIli Street, Ashland Avenue, Kinney Street, Pier Avenue, and Marine Street between NeIlson Way on the west and Second Street on the east SECTION 3 The assessments levied within this proposed Main Street BIA shall be used for any of the follOWing purposes 1) Operation and maintenance of the capital Improvements to be constructed pursuant to the Main Street Streetscape Improvement Plan, and supplemental operation and mamtenance activIties within the Main Street SIA as required 2) General promotion and marketing of commercial trade activities within the Main Street BIA, promotion of public events and decoration of any public place In the area 3) Any other purposes allowable under Ordinance 1606 SECTION 4 This modification and amendment of the Main Street SIA shall become effective upon adoption of an ordinance pursuant to Ordinance 1606. All assessments due under this Main Street SIA 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 3 . . Monica Municipal Code SECTION 5 That an assessment will be levied against all persons or entities operating a business establishment within such proposed Main Street BIA For fees due July 1, 1999 and thereafter, unless amended by the City CounCil, the Main Street Business Improvement Area assessment Will be a fee eqUivalent to the follOWing Business Assessment Annual ClasSification Fee Amount Maximum Retail 1 x Business LIcense Tax* $ 2,000 00 Recreation and $10000 Flat Fee $ 100 00 Entertainment AgenUBroker $10000 Flat Fee $ 100 00 Auto Dealer $10000 Flat Fee $ 100 00 Contractor/Su bcontractor $100 00 Flat Fee $ 100 00 Corporate! Ad m In Istratlve Headquarters $100 00 Flat Fee $ 100 00 ProfeSSions $10000 Flat Fee $ 100 00 Manufacturers $10000 Flat Fee $ 1 00 00 Services $10000 Flat Fee $ 100 00 Wholesalers $100 00 Flat Fee $ 100 00 Utilities $100 00 Flat Fee $ 100 00 *Buslness License Tax rates are set forth In Article 6 of the Santa Monica MUnicipal Code 4 . . SECTION 6 The assessment shall not apply to any person operating a business from his or her pnnclpal place of residence within the Main Street BIA and for which a home occupation permit has been Issued In accordance with the provIsions of Article IX of the Santa MOnica Municipal Code SECTION 7 The Improvements and actIVIties to be provided In the area will be funded by the levy of assessments descnbed In Section 5 above The revenues from such assessments shall be used exclusively Within the Main Street BIA described herein, and shall not be used to provide Improvements or activities outside such SIA SECTION 8 A public heanng on the proposed Main Street BIA will be held at 7 00 P m on Tuesday Apn113, 1999 , or as soon thereafter as the matter may be heard, In the temporary CIty Council Chambers located at the Main Library Auditorium at 1343 6th Street, Santa MOnica, California At such public hearing, the City Council will hear public testimony on the proposed Main Street BIA, Including any protests and objections to the BIA SECTION 9 That notice of such public hearing shall be published and mailed In accordance With Sectlon 8 of City Ordmance 1606 (CCS) A copy of Ordinance 1606 IS on file In the office of the City Clerk /I II II 5 . . SECTION 10 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 ~~~ (jITY ~TTO;EY 6 . . Adopted and approved thIs 23rd of March, 1999 1 Ph11 r:a11~-- p1m O'Connor, Mayor I, Marla M Stewart, City Clerk of the City of Santa MOnica, do hereby certify that the foregoing Resolution 9381 (CCS) was duly adopted at a meetIng of the Santa MOnica City Council held on the 23rd of March, 1999 by the follOWing vote Ayes Council members Feinstein, Genser, Holbrook, McKeown, O'Connor, Rosenstein Noes Councllmembers None Abstain Councllmembers None Absent Councllmembers None ATTEST ~ ~..... ~ . ~~ Marla M Stewart, City Clerk