RESOLUTION NO. (N.C.S.)
RESOLUTION LEVYING FISCAL YEAR 2023-2024 ASSESSMENTS FOR THE SALINAS UNITED BUSINESS ASSOCIATION BUSINESS IMPROVEMENT AREA WHEREAS, Division 18, Part 6, of the California Streets and Highway Code authorizes the establishment of a Parking and Business Improvement Area pursuant to the provisions of section 36500, et seq; and WHEREAS, the former Sunset Avenue Redevelopment Area is occupied by businesses and retail stores which are underutilized and unable to attract customers due to inadequate facilities, services, and activities in the business district; and WHEREAS, the Salinas City Council adopted Ordinance No. 2437 establishing the Salinas United Business Association Business Improvement Area (“SUBA BIA”) on August 23, 2004; and WHEREAS, Ordinance No. 2455 adopted by Council on September 20, 2005, revised said BIA’s method of assessment; and WHEREAS, at its August 8, 2023, meeting, the City Council approved Resolution No. 646 (R.O.I.) entitled “Resolution of Intention to Levy an Annual Assessment in the SUBA Business Area for Fiscal Year 2023-2024,” R.O.I. No. 646 accepted the Advisory Board’s FY 2022-2023 Annual Report and set a public hearing date to consider the levy of assessment; and WHEREAS, as required by the Streets and Highways Code, R.O. I. 646 was noticed in the Monterey County Weekly, a local newspaper, on August 17, 2023, not less than seven (7) days prior to the public hearing; and WHEREAS, the City’s Finance Department has provided a calculation of assessments for 2023-2024 for a total of $109,149; and WHEREAS, as set forth in R.O.I. No. 646, a public hearing was held on September 26, 2023, in the City Council Chambers of the City Council at 200 Lincoln Avenue, Salinas. At the hearing the City Council heard and duly considered protests and objections, both oral and written to the levy of an assessment for FY 2023-2024 within said BIA; and WHEREAS, the protests and objections, both written and oral, to the levy that were received and duly considered during said hearing comprised less than 50% of the assessments proposed to be levied; and WHEREAS, The City of Salinas has determined that the proposed action confirming SUBA’s annual report and considering SUBA’s annual levy of assessment is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL that the Council duly overrules protests of businesses, which will pay less than 50% of the assessments proposed to be levied and denies all of said protests and objections.
BE IT FURTHER RESOLVED that the SUBA Business Improvement Area FY 2022-2023 Annual Assessment District Report and Budget for FY 2023-2024 is confirmed as originally filed, which shall constitute the levy of assessments for the SUBA Business Improvement Area for FY 2023-2024.
PASSED AND ADOPTED this 26th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kimbley Craig, Mayor
ATTEST:
Patricia Barajas, City Clerk