Loading...
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 ~ - - ~ - ,_