O1940
CA f atty\munI\laws\mox\malnst wpd
City Council Meeting 4-27 -99
Santa MOnica, CalIfornia
ORDI NANCE NUMBER 1940 CCS
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING AND MODIFYING THE MAIN STREET BUSINESS IMPROVEMENT
AREA ASSESSMENT DISTRICT, REPEALING INCONSISTENT PROVISIONS OF
ORDINANCES 1303 (CCS) and 1328 (CCS) AND LEVYING AN ASSESSMENT ON
BUSINESSES WITHIN SUCH MAIN STREET BUSINESS IMPROVEMENT AREA
WHEREAS, on March 23, 1999, the City Council of the City of Santa Monica
adopted Resolution Number 9381 (CCS), entitled "A Resolution ofthe City Council of the
City of Santa MOnica Declaring Its I ntentlon to Modify and Amend the Main Street Business
Improvement Area Assessment District and Repeal Resolution Number 9018 (CCS)",
which set a publIC hearing for Apn113, 1999 at 7.00 p.m. In the temporary City Council
Chambers located at the Main Library AuditOrium at 1334 Sixth Street, Santa MOnica,
California for purposes of conSidering the modification and amendment of such Main Street
BUSiness Improvement Area, and
WHEREAS, Ordinance Number 1606 (CCS) of the City of Santa MOnica, adopted
November 26,1991, as amended by Ordinance Number 1845 (CCS), adopted March 19,
1996 (hereinafter collectively "Ordinance No. 1606") sets forth the procedures governing
BUSiness Improvement Areas Within the City, and
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WHEREAS, all required public notices having been given, the public hearing was
held on April 13, 1999 at the scheduled time and location, at which time the City Council
heard all protests and received eVidence for or against the proposed modification and
amendment of the Main Street Business I mprovement Area and the levy of an assessment
on businesses Within the Main Street Business Improvement Area, and
WHEREAS, the City Council, after all protests, ruled that there was not a maJority
protest which would terminate the proceedings, and thereafter made a determination to
modify and amend the Main Street Business Improvement Area;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS
SECTION 1 Boundaries of Main Street Business Improvement Area
The Main Street Business Improvement Area ('Main Street BIA") which IS to be
modified and amended IS comprised of businesses located on property bordering on eIther
Side of Main Street from PICO Boulevard on the north to the south City limits on the south
and on either Side of Ocean Park Boulevard, HIli Street, Ashland Avenue, Kinney Street,
Pier Avenue, and Marine Street between Neilson Way on the west and Second Street on
the east
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SECTION 2 Busmesses Subject to Assessment.
The businesses located within the boundaries of the Main Street BIA shall be
subject to the provIsIons of the assessment set forth herein.
SECTION 3
Amount of Assessment
An assessment WIll be levied against all person or entitIes operating a business
establishment wlthm the Main Street BIA Forfees due July 1, 1999 and thereafter, unless
amended by the City Council, the Main Street BIA assessment Will be a fee equivalent to
the follOWing
Retail
1 x Business License Tax*
Annual
Maximum
$2,00000
$ 1 00 00
$ 1 00 00
$ 1 00 00
$ 100 00
Business
ClaSSification
Assessment
Fee Amount
RecreatIOn and
Entertamment
$100 00 Flat Fee
Agent/Broker
$100 00 Flat Fee
Contractor!S U bcontractor $10000 Flat Fee
Corporate! Administrative $100 00 Flat Fee
Headquarters
ProfeSSions $10000 Flat Fee
Manufactu rers $10000 Flat Fee
ServIces $10000 Flat Fee
Wholesalers $10000 Flat Fee
Utilities $100.00 Flat Fee
$ 100 00
$ 100 00
$ 100 00
$ 100 00
$ 100 00
* Business License Tax rates are set forth In Article 6 of the Santa MOnica
MUnicipal Code
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SECTION 4 Exemption for Businesses Holdlnq Home Occupation PermIts
The assessment shall not apply to any person operating a business from his or her
principal place of residence within the Main Street BIA and for which a homeoccupatlonn
permit has been Issued In accordance with the provIsions of Article IX of the Santa MOnica
MUnicipal Code
SECTION 5 Levy of Assessment to Fund Improvements and ActIVIties
The Improvements and activities to be provided In the Main Street BIA wIll be funded
by the levy of assessments described In SectIon 3 above The revenues from the levy of
such assessments shall be used exclusively within the Main Street BIA described herein
and shall not be used to provide Improvements or actIvities outside of such BIA
SECTION 6 Finding of Benefit
The businesses and property wIthin the Main Street BIA descnbed herein will be
benefited by the improvements and actiVities funded by the assessments proposed to be
levied
SECTION 7
Use of Assessment Revenue
The assessments levied within the Main Street BIA, less 5% retained by the City for
the costs of collection and administration, shall be used for any ofthe following purposes
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1) General promotion and marketing of commercial trade activities within the
Business Improvement Area, promotIon of publIC events and decoratron of
any public place In the area
2) Supplemental operation and maintenance activIties Within the Main Street
SIA as required
3) Any other purposes allowable under Ordinance 1606 (CCS), or any
amendment to Ordinance 1606 (CCS)
SECTION 8 Time and Collection of Assessments
The assessments leVied hereunder shall be payable concurrently and collected at
the same time and In the same manner as the general bUSiness license tax For fallu re to
pay said assessments on the due date thereof, penalties shall be exacted as set forth In
Section 6 04 160 of the Santa MOnica Mu nlclpal Code. All provisions set forth in the Santa
MOnica Municipal Code regarding bUSiness classification, business audit, reporting penod,
penalties for delinquent payment and similar issues, shall be applicable to the assessments
leVied hereunder.
SECTION 9
Administration
The proceeds of the assessments collected hereunder shall be administered as
proVided by a contract between the City and an organIzatIon that IS approved by the City
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SECTION 10 Repeal of Inconsistencies; Modification and Amendment of
Main Street BIA
The provIsions set forth In Ordinance Number 1303 (CCS), as amended by
Ordinance Number 1328 (CCS), which established the original Main Street SIA are hereby
repealed to the extent they are inconsistent with the provIsions set forth in thiS Ordinance.
The modIfied and amended Main Street BIA shall be as described herein and subJect to
the procedures of Ordinance No 1606
Any provision of the Santa MOnica MUnicipal Code or appendices thereto
inconsistent with the provIsions of thiS Ord Inance, to the extent of such inCOnsIstencies and
no fu rther, are hereby repealed or mod Ifled to that extent necessary to effect the provisions
of thiS Ordinance
SECTION 11 Partial Invalidity
If any section, subsection, sentence, clause, or phrase of thiS Ordinance is for any
reason held to be Invalid or unconstitutional by a decIsion of any court of competent
JUriSdiction, such deCISion shall not affect the validity of the remaining portions of thiS
Ordinance The City Council hereby declares that It would have adopted thIS Ordinance,
and each and every section, subsection, sentence, clause, or phrase not declared invalid
or unconstitutional without regard to whether any portion of the Ordinance would be
subsequently decla!ed invalId or unconstitutIonal
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SECTION 12
Collection of Assessments Levied Pnor to Adoption of
ThIs Ordinance
Notwithstanding the repeal of provIsions of Ordinances 1303 and 1328 (CCS), and
the modification and amendment of the Main Street BIA, any assessments which were
levied under such prior ordinances and remain unpaid by any business shall continue to
be due and oWing by such businesses The City may take all appropriate actions to collect
such past due assessments, and shall have the option of collecting them at the time and
In the manner as provided In thiS Ordinance
SECTION 13
Effective Date
The Mayor shall sign and the City Clerk shall attest to the passage of thiS
Ordinance The City Clerk shall cause the same to be published once In the offiCial
newspaper Within 15 days after ItS adoption
APPROVED AS TO FORM
tU~<tMA)~
MARSHA JO&S MOUTRIE
City Attorney
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~1J1'\ CX?4
~am O'Connor, Mayor
State of Cahforma )
County of Los Angeles) ss
CIty of Santa Momca )
L Mana M Stewart, CIty Clerk of the CIty of Santa Momca, do hereby certIfy that the
foregomg Ordmance No 1940 (CCS) had Its first readmg on Apnl13. 1999. and was adopted
on Apnl 27, 1999 by the followmg vote
Ayes CouncIl members
Femstem. Genser, Holbrook, McKeown. O'Connor.
Rosenstem
Noes CouncIl members
None
Abstam CouncIl members
None
Absent CouncIl members
None
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