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R-6827 - ~ CA: RMM : rmproml3 City Council Meeting 2-28-84 Santa Monica, California 6827(CCS) RESOLUTION NUMBER (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO ESTABLISH A PARKING AND BUSINESS IMPROVEMENT AREA ON LINCOLN BOULEVARD, TO PROVIDE FOR THE LEVY OF AN ASSESSMENT THEREIN, AND SETTING THE TIME AND PLACE OF HEARING TO CONSIDER THE ESTABLISHMENT OF SUCH AN AREA WHEREAS, the Parklng and Business Improvement Area Law of 1979, Streets and Highways Code Section 36500 et seq., authorizes the City of Santa Monica to levy assessments on businesses within a parking and bUSlness 1mprovement area which is in addition to ~ any other assessments, fees, charges, or taxes and to use such proceeds for the benefit of businesses wi thin the parking and business improvement area for such purposes including the general promotion of business activities in the area; and WHEREAS, businesses on LinCOln Boulevard have requested that the City Council establish a parking and business lmprovement area; and WHEREAS, the City council desires to establish a parking and bus1ness improvement area on Lincoln Boulevard from Wilshire Boulevard on the north to the south City limits, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: I - e SECTION 1. The City Council hereby declares its intention to establish a parking and business improvement area under and pursuant to the Parking and Business Improvement Area Law of 1979. SECTION 2. The boundaries of the proposed parkinq and bus~ness improvement area are descr~bed as follows: Businesses located on property bordering on either side of Lincoln Boulevard from W1lshire Boulevard on the north to the south City limlts. SECTION 3. The City Council proposes, in addition to any other assessments, fees, charges, or taxes, to levy an additional assessment in the parking and business improvement area as follows: A. For any person holding a retail sales tax permit, one-tenth of one percent of total taxable sales payable on May 15 of each year and based upon the total taxable sales during the twelve month period of January I through December 31 preceding the May 15 payment date. The maximum assessment under this subdivision shall not exceed $1,000.00 in any year. B. For any person not holding a retail sales tax permit and who has been issued or requires a business license from the City, $300.00 payable on May 15 of each year, except that any person holding only a business license or licenses under Municipal Code Sections 6219 or 62l9A, or both, shall not be required to pay such assessment. 2 - e C. The penalty for non-payment of the assessment on the due date shall be 10% of the amount of the assessment plus an add1tional 5% of the amount of the assessment for each month or portion thereof that the assessment is unpaid after the due date. D. The assessment shall not apply to any person operat1ng a bus1ness from his or her principal place of residence within the park~ng and business improvement area and for which a home occupation permit has been issued in accordance with the provisions for Article IX of the Santa Monica Municipal Code. SECTION 4. The proposed use to which the proceeds of the assessment, less 5% retained by the City for the cost of collection and administrat1on, shall be put is the general promotion of business activities in the area to be provided by contract between the City and an organization that is approved by the City. The proceeds of the assessment may be used only as provided in this Sect1on. SECTION 5. Notice 1S hereby given that on March 27, 1984, at the hour of 7:30 p.m., in the City Council Chambers located in City Hall, l68S Main Street, Santa Monica, California, a hearing will be held by the City Counc1l to consider establishment of the parking and business improvement area as herein proposed. Any business within the proposed area, or any other interes ted person, having any obJection to the establishment of the proposed area or to any other action proposed herein may file a written protest with the City Clerk not later than the hour so fixed for hearing. 3 e j SECTION 6. The City Clerk shall cause this Resolution to be published once in a newspaper of general circulation in the City of Santa Monica and shall cause a complete copy of thi s Resolution to be mailed, postage prepaid, to each business in the proposed area. Publicat10n and mailing shall be completed at least 10 days prior to the date of the hearing. SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be 1n full force and effect. APPROVED AS TO FORM: ~M::~~ C1ty Attorney 4 ';;~;i'--w.; , e ADOPTED AND APPROVED THIS 28tr DAY OF February . 1984. ~ ~ ~j .("~^ MAYOR ! HEREBY CERTIFY THAT THE FOREGOING RESOLUTION NO. 6827(CCSJ.WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON February 28 . 1984 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Conn, Epstein, Press, Jennings, Reed, Zane and" Mayor Edwards NOES: COUNCILMEMBERS: None ASSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ATTEST: ~. >/U1~ CITY CLERK PROOF OF PUBLtJA rlON (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles, I am a citizen of t"'e United States and a resident of t"'e County aforesaid; I am over the age of eighteen years, and not a party to or Interested in the above-entitled matter. I am t"'e principal clerk of the printer of the EVENING OUTLOOK .. .......................................................................................... a newspaper of general cIrculation, printed DAILY EXCEPT SUNDAY and published ................. ................. SANTA MONICA In the City of .................................. County of Los Angeles, and which newspaper "'as been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of Ca lifornia, under the date of. ~.~?:.~?, 19~~.., Case Number .~~~~;t;L....; thatthenotice, of which the annexed is a printed copy (set in type not smaller than nonparetl) , has been published In each regular and entire issue of said newspaper and not in any supplement t"'ereof on the follOWing dates, to-wit: ...... 6 .......................................... ..... ................ ..................... all in the year 19.A. I certify (or declare) under penalty of perjury that the foregoing is true and corred. Dated at... ~.~~.~~. .~~~:~~.. ................... California, t"'is.........day of .......1I19..~ ......~... .. .....~.1.h,~..... S. nature " !I,.. eopi" of "'ls lank fo,m mlY H _.... f'om CALIFORNI NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House PO Box31 Los Angeles. CA. 90053 . Telephone 625-2541 ~Ie.se reoues' GENERAL. Proo, of puollea'ion when ordering thiS farm ::kM--\ ThIS space IS for t~unty Clerk's Filing Stamp Proof of Publication of RESOLl --~-".nC"'Q ~'}7 Ices; 0\ RESOLL'T THE CITY ( ITS INTE1'\/l A '\D Bl:SI~ Ll:llCOLN J THE LEVY A '\D SETT HEARING ME'T OF WHERE. ment "rea Code Sectl 'ianta Mor wIthm a p which IS tees chdr tor the b, and busm mcludmg llVltleS l' WHEF ha ve re' parkmg WHK lIsh a p Lmcoln the nor , ,"OW THE ( SOLVF SEe Its mT Imprc Parkl 1979 SE' parkl sent Bv e.th, Bou S1 dIll' tax pal lov pe sa u! IT p I' ( II II .