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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 1 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 2 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 3 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 4 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 5 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 6 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 7 ~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 """--- ATTEST ~ ~art,Cl~~