RESOLUTION NO. 25-0015
A RESOLUTION OF THE MANHATTAN BEACH CITY
COUNCIL OVERRULING PROTESTS AND PROVIDING
FOR THE ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS FOR THE EXISTING NORTH
MANHATTAN BEACH BUSINESS IMPROVEMENT
DISTRICT, PURSUANT TO CALIFORNIA STREETS AND
HIGHWAYS CODE SECTION 36500 ET. SEQ. (SB 1424 –
PARKING & BUSINESS IMPROVEMENT LAW OF 1989,
CHAPTER 2)
THE MANHATTAN BEACH CITY COUNCIL HEREBY RESOLVES AS
FOLLOWS:
SECTION 1. The City Council hereby finds:
A. The City Council has formed a Property & Business Improvement District pursuant to the provisions of the Parking & Business Improvement Law of 1989 (the “Act,” codified at California Streets and Highways Code Section 36500) for providing services to the businesses within the area designated as the North Manhattan Beach Business Improvement District (the "District").
B. On January 21, 202 5, the City Council adopted Resolution No. 2 5- 0001 declaring its intention to authorize the collection of assessments to provide services in accordance with the 2025 Activity Plan and Budget for the period beginning January 1, 2025, and ending June 30, 2026 (the “Report”), with such services to be performed within the District.
C. Resolution No. 25-0001 fixed the time and place for a public hearing of any and all protests in relation to the proposed assessment for February 18, 2025.
D. Evidence has been received as to the publication and mailing of notice of such hearing in the time, form and manner required by law.
E. This Resolution is Categorically Exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment.
SECTION 2. On February 18, 2025, the City Council held a duly noticed full and fair public hearing regarding the levy and collection of an assessment against businesses within the District for fiscal year 2025-2026. At the public hearing, the Council considered testimony of all interested persons regarding the levy of any assessment against businesses within the District for fiscal year 2025-2026. The City Council hereby determines that there was no majority protest within the meaning of the Act.
SECTION 3. Based upon its review of the report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information presented to the City, the City Council hereby finds and determines that (i) the businesses in the District will be benefitted by the expenditure of funds raised by the assessment for fiscal year 2025-2026, (ii) the District includes all of the businesses so benefitted, and (iii) the net amount of the assessment levied within the District for fiscal year 2025-2026 in accordance with Resolution No. 25-0001 and the Report, is apportioned by a formula and method which fairly distributes the net amount in proportion to the estimated benefits to be received by each such business.
SECTION 4. The City Council hereby confirms the Report as originally filed.
SECTION 5. The adoption of this resolution constitutes the levy of an assessment for fiscal year 2025-2026.
SECTION 6. This resolution shall take effect immediately upon adoption.
SECTION 7. The City Clerk shall certify to the passage and adoption of this Resolution.
ADOPTED on February 18, 2025.
AYES:
NOES:
ABSENT:
ABSTAIN:
AMY THOMAS HOWORTH
Mayor
ATTEST:
LIZA TAMURA
City Clerk