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R-6812 - - CA:RMM:rmproml City Council Meetlng 1-24-84 Santa Monica, California RESOLUTION NUMBER 6812(CC5) (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 AREA WHEREAS, the Parking and Business Improvement Area Law of 1979, Health and Safety Code Section 36500 et seq., authorizes the City of Santa Monica to levy assessments on businesses within a parking and bus~ness improvement area which is ln addition to any other asses sments, fees, charges, or taxes and to use such proceeds for the benefit of businesses within 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 parkinq and buslness improvement area; and WHEREAS, the City Council desires to establish a parking and business 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 - - SECTION I. The City Council hereby declares its intention to establish a parking and business improveI1'lent area under and pursuant to the Parking and Buslness Improvement Area Law of 1979. SECTION 2. The boundaries of the proposed parking and business improvement area are desribed as follows: Businesses located on property bordering on e~ther side of Lincoln Boulevard from Wilshire Boulevard on the north to the south C~ty l~mits. SECTION 3. The City Councll proposes, ln addition to any other assessments, fees, charges, or taxes, to levy an additional assessment in the proposed 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 April 1 of each year and based upon the total taxable sales during the twelve month per~od of January 1 through December 31 preceding the Aprll I payment date. The Maximum assessment under this subd~vision shall not exceed SI,OOO.OO 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 Cl ty, $300.00 payable on Aprll 1 of each year, except that any person holdlng only a business license or llcenses under Mun~cipal Code Sections 6219 or 6219A, or both, shall not be requ~red to pay such assessment. 2 It - 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 lS unpaid after the due date. D. The assessment shall not apply to any person operating a bUSlness from hlS or her principal place of residence within the proposed parking and business improvement area and for which a home occupation permit has been lssued in accordance with the provls~ons for Art1cle IX of the Santa Monica Municipal Code. SECTION 4. The proposed use to which the proceeds of the assessment, less 5% for the cost of collection and administratlon, shall be put lS the general promotion of business actlvlties in the area to be provided by contract between the City and an organization that is approved by a majority of businesses Wl thln the proposed parking and business improvement area that particlpate ln a selection procedure approved by the City. SECTION 5. Notice is hereby given that on February 14, 1984, at the hour of 7: 30 p.m., ~n the City Councll Chambers located in Clty Hall, l68S Main Street, Santa Monica, California, a hearlng wlll be held by the Clty Councll to conslder establ~shment of the parking and business improvement area as herein proposed. Any business Wl thin the proposed area, or any other interested person, having any objection to the establishment of the proposed area or to any other action proposed hereln way file a wrltten protest with the City Clerk not later than the hour so fixed for hearlng. 3 - ~___~-I'l~-~-~ -- 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 this Resolution to be mailed, postage prepaid, to each business in the proposed area. Publlcation and mailing shall be completed at least 10 days prior to the date of the hearing. SECTION 7. Resolution Number 6799 (CCS) is repealed. SECTION 8. The Clty Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be ln full force and effect. APPROVED AS TO FORM: ~ '- ~1. Robert M. Myers City Attorney .;- 4 e . ADOPTED AND APPROVED THIS 24th DAY OF January . 1984. ~\ /' ~'~' / - - /- L~;;;?;- . .~r- L......~.....-- , MAYOR I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION NO. 6812~CCS)_WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON January 24 . 1984 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Conn, Epstein, Jennings, Press, Reed, Zane ana Mayor Edwards NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEM8ERS: None ABSTAIN: COUNCILMEMBERS: Kone ATTEST: {2~1 >JbfAd1J& CITY CLERK PROOF OF PUB.lATION (2015.S C.C.P.) STATE OF CALIFORNIA, County of Los Angeles. , am a citizen of the United States and a resident of the County aforesaid. I am over the age of eighteen years, and not a party to or Interested In the above-entItled matter I am the princIpal clerk of the printer of the ~VEt.lU'G Ol1'1.o K a newspaper of general circulation, printed ;,4d;X ::..C:", ~ ,,(i~.~A1 and published .................................. .::..;..... i'... ~.,(. I ~';::A In the City of .................................. County of Los Angeles. and which newspaper has been adjudged a newspaper of general Circulation by the Superior Court of the County of Los Angeles, State of ":ar". 26 P;4 California, under the date of........., 19...., 314519 . Case Number .....__.......... thatt"'enotlce, of which the annexed is a printed copy (set In type not smaller t"'an non pared). has been published In each regular and entire Issue of said newspaper and not In any sUIJplement thereof on the following dates. to-Wit. .......... ~:r.~~................ .................. 84 all In the year 19..... I certify (or declare) under IJenalty of pequry that the foregoing IS true and correct. Dated at. .:-.A:~.~~'. .~::::~ ...... ................ _ . 1 Fek. 84 \.allfornla. thiS.......:: ..day of. ",~"'" 1,9..... ...cr {i.'"'("--t.-t 1:/, IJ>L-- .................... 'sig~;t;~~ .~.<<;~..... 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