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R-6799 . . CA:RMM:rmproml C~ty Counc~l Meetlng 1-10-84 Santa Mon1ca. Californ1a RESOLUTION NUMBER 6799(CC5) (City Counc11 Serles) 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 C1ty of Santa Monica to levy assessments on businesses with1n a park1ng and bUS1ness improvement area Wh1Ch is in addition to any other assessments, fees, charges, or taxes and to use such proceeds for the benefit of bus~nesses within the park1ng and business improvement area for such purposes including the general promotion of bus1ness activ1ties ln the area; and WHEREAS, businesses on Lincoln Boulevard have requested that The city Counc11 establish a parklng and business 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: 1 . . SECTION 1. The City Council hereby declares its intent10n to establish a parking and bus~ness improvement area under and pursuant to the Parking and Business Improvement Area Law of 1979. SECTION 2. The boundar~es of the proposed parking and business 1mprovement area are desribed as follows: Both sides of Lincoln Boulevard from Wilshire Boulevard on the north to the south City limits. SECTION 3. The C1ty Counc~l proposes, in add1tion 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 hold~ng a reta11 sales tax perm~t, 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 period of January 1 through December 31 preceding the April 1 payment date. The maX1mum assessment under this subdivision shall not exceed $1,000.00 in any year. B. For any person not holding a retail sales tax perm~t and who has been lssued or requires a business license from the C~ty, $300.00 payable on April 1 of each year. C. The penalty for non-payment of the assessment on the due date shall be 10% of the amount of the assessment plus an additional 5% of the amount of the assessment for each month or portion thereof that the assessment is unpa~d after the due date. 2 - . D. The assessment shall not apply to any person operatlng a bus1ness from his or her principal place of residence within the proposed park1ng and business 1mprovement area and for which a home occupation permit has been issued in accordance w1th the prov1sions for Article IX of the Santa Mon1ca Munic1pal Code. SECTION 4. The proposed use to which the proceeds of the assessment, less 5% for the cost of collection and administrat1on, shall be put is the general promotion of business activities 1n the area to be provlded by contract between the City and an organ1zation that lS approved by a maJor1ty of businesses w1thin the proposed parking and business improvement area that particlpate in a select10n procedure approved by the Clty. SECTION 5. Notice 1S hereby given that on February 14, 1984, at the hour of 7:30 p.m., 1n the Clty Counc1l Chambers located in City Hall, 1685 Main Street, Santa Monica, California, a hearing w111 be held by the City Council to conslder establlshment of the park1ng and bUSlness improvement area as here~n proposed. Any bUS1ness within the proposed area, or any other interested person, having any obJection to the establishment of the proposed area or to any other action proposed here1n may file a written protest w1th the City Clerk not later than the hour so fixed for hearing. SECTION 6. The City Clerk shall cause this Resolution to be pub11shed once in a newspaper of general circulation in the City of Santa Monica and shall cause a complete copy of this Resolution to be ma1led, postage prepa1d, to each business in the 3 - . proposed area. Publicatlon and ma111ng shall be completed at least 10 days pr10r to the date of the hearing. SECTION 7. The City Clerk shall certify to the adoption of thlS Resolution, and thenceforth and thereafter the same shall be 1n full force and effect. APPROVED AS TO FORM: ~~~ Robert M. Myers - City Attorney ~ 4 . . ADOPTED AND APPROVED THIS 10th DAY OF January . 1 984' . ~y:f!Z if I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION NO. 6799(CCS) WAS DULY ADOPTED BY THE CITY COUNCIL OF THE Oc - CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON January 10 . 1984 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERs:Conn, EpsteIn, Jennings, Press, Reed, Zane and Nayor Edwards NOES: COUNCILMEMBERs:~one ABSENT: COUNCILMEMBERS:~one ABSTAIN: COUNCILMEMBERS:None ATTEST: Cr~1 )?? ~ C ITV~ CLERK /