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R-6798 . . CA:RMM:rmpromm c1ty Counc~l Meeting 1-10-84 Santa Monica, California RESOLUTION NUMBER 6798(CCS) (City Counc11 Ser~es) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO ESTABLISH A PARKING AND BUSINESS IMPROVEMENT AREA IN THE MAIN STREET AREA, 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., author1zes the City of Santa Monica to levy assessments on bus~nesses within a park~ng and business improvement area which is ln add~tion to any other assessments, fees, charges, or taxes and to use such proceeds for the benef~t of businesses with1n the park1ng and buslness improvement area for such purposes inCluding the general promotion of bus~ness activit1es in the area; and WHEREAS, buslnesses on Main Street have requested that the City Council establish a parking and business lmprovement area; and WHEREAS, the City Council desires to establish a parking and business ~mprovement area on Ma~n Street from pico Boulevard on the north to Marine Street on the south and on pica Boulevard, Bay Street, B1cknell Avenue, Paciflc Street, Strand Street, Hollister Street, Norman Place, Ocean Park Boulevard, Hill 1 . . Street, Ashland Avenue, Klnney Street, P1er Avenue, and Marine Street between Nel1son Way on the west and Second Street on the east, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City CounCll hereby declares its intention to establish a parklng and buslness 1mprovement area under and pursuant to the Parking and Business Improvement Area Law of 1979. SECTION 2. The beundarles of the proposed parking and business improvement area are desribed as follows: Both sides of Main Street from pice Boulevard on the north to Marine Street on the south and both s1des of Pico Boulevard, Bay Street, BIcknell Avenue, Pac1flc Street, Strand Street, Hollister Street, Norman Place, Ocean Park Boulevard, Hlll Street, Ashland Avenue, KInney Street, Pler Avenue, and Marlne Street between Nellson Way on the west and Second Street on the east. SECTION 3. The City Council proposes, in 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 2 . . twelve month period of January 1 through December 31 preceding the Apr11 1 payment date. The maximum assessment under this subdlvision shall not exceed $1,000.00 in any year. B. For any person not holding a retail sales tax perm1t and who has been issued or requires a bUSlness license from the City, $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 add1tional 5% of the amount of the assessment for each month or port10n thereof that the assessment is unpaid after the due date. D. The assessment shall not apply to any person operating a buslness from his or her principal place of res1dence with1n the proposed parking and business 1mprovement area and for WhlCh a home occupatlon permit has been lssued in accordance with the provisions of Artlcle IX of the Santa Mon1ca MuniClpal Code. SECTION 4. The proposed use to which the proceeds of the assessment, less 5% for the cost of collection and adminlstration, shall be put is the general promot10n of bus1ness actlvities in the area to be provided by contract between the City and an organizatlon that is approved by a maJority of bus1nesses withln the proposed parking and business improvement area that part1c1pate in a select10n procedure approved by the City. SECTION 5. Notice lS hereby glven that on February14, 1984, at the hour of 7:30 p.m., in the Clty Council Chambers located in Clty Hall, 1685 Main Street, Santa Monica, California, a hearing will be held by the City Counc11 to consider 3 . . establishment of the parking and business improvement area as herein proposed. Any business with1n the proposed area, or any other interested person, having any obJection to the establishment of the proposed area or to any other act~on proposed here1n may f1le a written protest with the C1ty Clerk not later than the hour so fixed for hearing. SECTION 6. The Clty Clerk shall cause this Resolution to be published once ln a newspaper of general circulat10n in the City of Santa Monica and shall cause a complete copy of this Resolution to be malled, postage prepaid, to each business in the proposed area. publication and ma1ling shall be completed at least 10 days pr10r to the date of the hearing. SECTION 7. The City Clerk shall cert1fy to the adoption of th1s Resolutlon, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~~ Robert M. Myers City Attorney - 4 ........ ....- - e ADOPTED AND APPROVED THIS 10th DAY OF January , 1 984 . {j;2:?/ 5 MAYOR I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION NO. 6798(CCS)..WAS DULY ADOPTED 8Y THE CITY COUNCIL OF THE CITY OF SANTA MONICA PT A MEETING THEREOF HELD ON January 10 . 1 984 8 Y TH E FOLLOWING COUNCIL VOTE: AYES: COUNCILMEM8ERS: Conn, Epstein, Jennings, Press, Reed, Zane and- t-layor Ed,.;ards NOES: COUNCILMEMBERS: :.lone ABSENT: COUNCILMEM8ERS: None ABSTAIN: COUNCILMEMBERS: None ATTEST: ~" 7Jw~ CITY CLERK "