R-8026
.
.
CA:RMM:mox97jhpw
City Council Meeting 5-22-90
Santa Monica, California
RESOLUTION NUMBER 8026(CCS)
(City council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE FEE LEVIED FOR THE OPERATION,
MAINTENANCE, AND REPAIR OF PUBLIC IMPROVEMENTS IN THE
THIRD STREET MALL (THIRD STREET PROMENADE) AND
DOWNTOWN ASSESSMENT DISTRICT
WHEREAS, on August 26, 1986, the City Council of the city
of Santa Monica adopted Ordinance Number 1382 (CCS) (the
"Ordinance") pertaining to the levy of an annual fee (the "Fee")
for the operation, maintenance, and repair of public improvements
in the Third Street Mall and Downtown Assessment District (the
"District"), such Fee to be payable by all persons doing business
from locations within the District; and
WHEREAS, Section 1 (c) of the Ordinance provides that the
City Council from time to time by Resolution may adjust the
amount of the Fee on all or classes of businesses within the
District to the extent necessary to assure that revenues from the
Fee do not exceed the cost of operation, maintenance, and repair
of the public improvements in the District and to assure that the
Fee reasonably relates to the benefits of such public
improvements in the District; and
WHEREAS, the city Council of the City of Santa Monica
desires to adjust the amount of the Fee by revising the formula
for calculation of such Fee: and
- 1 -
.
.
WHEREAS, the revision of the formula for calculation of the
Fee is necessary to assure that the Fee reasonably relates to the
benefits of such pUblic improvements in the District; and
WHEREAS, on May 8, 1990, the city Council adopted Ordinance
Number 1523 (CCS) which revised Article VI of the Santa Monica
Municipal Code pertaining to business licenses and
classifications, and increased the business license tax rate
structure for each business classification; and
WHEREAS, the formula for the Fee is based upon the Business
License Tax established pursuant to Article VI of the Santa
Monica Municipal Code,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The formula for the calculation of the annual
Fee for operation, maintenance, and repair of public improvements
in the District, levied pursuant to the ordinance, is hereby
amended as follows:
(a) Effective in Fiscal Year 1990-91, and thereafter, the
Fee to be paid by all persons doing business from locations
within the District shall be equal to one (1) times the annual
Business License Tax established pursuant to Article VI of the
Santa Monica Municipal Code on businesses within the District.
(b) In no event shall the amount of the Fee exceed the
lesser of: (1) one (1) times the annual Business License Tax
during Fiscal Year 1990-91 and thereafter; or (2) Sixteen
Thousand Six Hundred Twenty-TWo Dollars and Ninety Three Cents
($16,622.93); or (3) subject to request and city's approval,
Twelve Cents ($.12) per square foot per month. Both the
- 2 -
.
.
$16,622.93 limitation and the Twelve Cents ($.12) per square foot
per month limitation shall be adjusted annually by increases in
the Consumer Price Index for All Urban Consumers for the Los
Angeles Long Beach Anaheim Metropolitan Area. Annual
adjustments shall be made each July 1st, based upon the increase
in the Consumer Price Index during the preceding calendar year.
The square foot maximum cap shall only be effective if a
business obtains the prior written approval of city after making
a written request to City. Such written request shall be made to
the City's Community and Economic Development Department and
shall include adequate documentation supporting the applicant
business's qualification for such square foot maximum cap. If
such applicant business is able to demonstrate to the
satisfaction of the City's Community and Economic Development
Department that it qualifies for such square foot limitation, a
written City approval permitting such square foot maximum cap
will be issued.
SECTION 2. A business may be enti tled to apply for a
credit against the annual Fee, if such business provides an
on-site parking facility which satisfies all of the following
criteria:
(a) Such parking is located within a three hundred (300)
foot radius of the applicant business.
(b) Such parking is provided free to the general public.
(c) Such parking is available on a non-preferential,
non-reserved basis to all users.
- 3 -
.
.
(d) The applicant business controls the use of the entire
parking facility.
In order to qualify for the percentage credit, an applicant
business must obtain the prior written approval of the city,
after submitting a written request to city. Such written request
shall be made to the city's Community and Economic Development
Department, and shall include adequate documentation supporting
the applicant business's satisfaction of all of the
above-referenced criteria. If such applicant business is able to
demonstrate to the satisfaction of the City's Community and
Economic Development Department that it is eligible for the
percentage credit, a written city consent will be issued
permitting a percentage credit for such qualifying business.
The amount of percentage credit shall be calculated by the
City' s Community and Economic Development Department, and such
determination shall be final and conclusive.
Such credit would be calculated by dividing the total
amount of applicant-provided parking which meets the above
criteria by the total amount of parking which is required
pursuant to the City's Zoning Code. For example, if the
applicant business provided twenty-five (25) on-site parking
spaces which fulfill the above criteria, and if the amount of
parking for such applicant business pursuant to the City's Zoning
Code is forty-two (42) spaces, then the total credit available
would be calculated by dividing 25 spaces (applicant provided) by
42 spaces (Zoning Code requirement): 25 divided by 42 = 59.5%
credit. Accordingly, assuming the above sample applicant
business's Fee was $5,000.00, a credit equal to $2,975.00 (59.5%
- 4 -
.
.
of the Fee) would be subtracted from such Fee: $5,000.00-
$2,975.00 = $2,025.00, the Fee due after such credit adjustment.
SECTION 3. The adjusted Fee shall be cOllected in the same
manner and subject to the same penalties as the Business License
Tax established pursuant to Article VI of the Santa Monica
Municipal Code.
In Fiscal Year 1990-91 and thereafter, the adjusted Fee
shall be equivalent to the lesser of one (1) times the annual
Business License Tax; sixteen Thousand six Hundred Twenty-Two
Dollars and Ninety Three Cents ($16,622.93); or, subject to
request and City'S approval, Twelve Cents ($.12) per square foot
per month, and shall be collected each Fiscal Year, in four equal
quarterly installments. The first installment shall become due
July 1st of each Fiscal Year, and shall become delinquent on
August 31st; the second installment shall become due on October
1st of each Fiscal Year, and shall become delinquent on November
30th; the third installment shall become due on January 1st of
each Fiscal Year, and shall become delinquent on February 28th;
and the fourth installment shall become due on April 1st of each
Fiscal Year, and shall become delinquent on May 31st.
- 5 -
.
.
SECTION 4. 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:
{'~~ W\.. ~
ROBERT M. MYERS
City Attorney
- 6 -
.
.
Adopted and approved this 22nd day of May, 1990.
~ !aY~
I hereby certify that the foregoing Resolution No. a026(CCS)
was duly adopted by the City Council of the City of Santa Monica
at a meeting thereof held on May 22nd, 1990 by the following
Council vote:
Ayes: Councilme:mbers: Abdo, Finkel, Genser, Jennings,
Reed, Mayor Zane
Noes: Counci1me:mbers: Katz
Abstain: Councilme:mbers: None
Absent: Counci1members: None
ATTEST:
~-
'-
- ~....._-
/'/ .-. /?/)"--" - -
///;i _--# I' ~ _ _ ---
~d-.e:fW~_~-
------- City CJ..e;:lt ~ - - ~ - ,_