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O1973 (2) CA f atty\munl\laws\mox\plco ord wpd City Council Meeting 5-23-00 Santa Monica, California ORDINANCE NUMBER 1973 (CCS) (City Council Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING THE PICO BOULEVARD BUSINESS IMPROVEMENT AREA ASSESSMENT DISTRICT WHEREAS, on February 22, 2000, the City Council of the CIty of Santa MOnica adopted Resolution Number 9488 (CCS), entitled "A Resolution ofthe CIty Council of the City of Santa MOnica Declanng Its Intention to Establish the Pico Boulevard Busmess I mprovement Area Assessment Dlstnct" which set a public heanng for Tuesday, March 28, 2000 at 7 00 P m m the City Council Chambers located at 1685 Main Street, Santa MOnica, Callforma for purposes of heanng public testimony on the proposed PICO Boulevard Busmess I mprovement Area Assessment DistriCt, and WHEREAS, Ordinance Number 1606 (CCS) of the City of Santa MOnica, adopted November 26, 1991, as amended by Ordmance Number 1845 (CCS), adopted March 19, 1996 (hereinafter collectively "Ordmance No 1606") sets forth the procedures governmg Business Improvement Areas within the City, and WHEREAS, all required public notices havmg been given, the public heanng was 1 held on March 28, 2000 at the scheduled time and location, at which ttme the City Council heard all protests and received eVidence for or against the proposed establishment of the PICO Boulevard Business Improvement Area Assessment DIstrict and the levy of an assessment on businesses Within the PICO Boulevard Business Improvement Area, and WHEREAS, the CIty CounCil, after all protests, ruled that there was not a maJonty protest whIch would termInate the proceedIngs, and thereafter made a determInatIon to establish the PICO Boulevard Business Improvement Area, NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOllOWS Boundanes of the PIca Boulevard Business Improvement Area The PICO Boulevard Business Improvement Area ('PIca Boulevard BIA") proposed to be established compnses businesses located on property bordenng on eIther Side of PICO Boulevard for Its entire length from the Pacific Ocean to the easternmost City limits at Centlnela Avenue SECTION 1 SECTION 2 Businesses Sublect to Assessment Each business located Within the boundanes of the PICO Boulevard BIA shall be subject to the provIsions ofthe assessment set forth hereIn unless that business IS already 2 subject to the Mam Street Business Improvement Area assessment SECTION 3 Amount of Assessment An assessment wIll be leVIed agaInst all person or entItIes operating a bUSiness establishment Within the PICO Boulevard BIA For fees due July 1,2000 and thereafter, unless amended by the City Council, the PICO Boulevard BIA assessment for each busmess license will be a fee eqUivalent to the follOWing Busmess Classification Assessment Fee Amount- Annual MaXimum Retail 1 X BUSiness License Tax. $1,00000 $1,00000 Hotels and MoteJs 1 x BUSIness LIcense Tax* Auto-Related Retail, Service Stations & Repair 1 x BUSiness license Tax* $ 500 00 All Other ServIces $10000 Flat Fee $ 10000 Recreation and $10000 Flat Fee $ 100 00 Entertalnm ent Agent/Broker $10000 Flat Fee $ 10000 Contractor/Subcontractor $10000 Flat Fee $ 100 00 Corporate/Adm Intstratlve $10000 Flat Fee $ 100 00 Headquarters ProfeSSions $10000 Flat Fee $ 100 00 Rental of Commercial $10000 Flat Fee $ 100 00 Property Manufacturers $10000 Flat Fee $ 100 00 3 Non-Auto Related Services $10000 Flat Fee $ 100 00 Wholesalers $10000 Flat Fee $ 100 00 Utilities $10000 Flat Fee $ 10000 *Business License Tax rates are set forth In Article 6 of the Santa Monica MUnicipal Code **The fee IS $5000 for new busInesses and those with less than $20,000 gross Income for any year on which renewal of the business license fee IS based SECTION 4 Exemptions for Businesses Holding Home Occupation Permits and Business Govemed by Section 6 08 180 of the Santa MOnica MUnicipal Code The assessment shall not apply to any person operating a busIness from his or her pnnclpal place of reSidence within the PlCO Boulevard BIA and for which a home occupation perm It has been Issued In accordance with the prOVIsions of ArtIcle IX of the Santa MOnica MUnicipal Code, nor shall It apply to any business whose business license IS subject to only a flat fee as outlined In Article VI, Section 608 180, which governs taxIcab drivers, specIal events, and delivery/pIckup busInesses The assessment shall also not apply to rental of reSidential property with the exception of hotels and motels SECTION 5 Levy of Assessment to Fund Improvements and ActIVItIes The Improvements and actiVities to be proVided In the PICO Boulevard BIA WIll be 4 funded by the levy of assessments descnbed In Section 3 above The revenues from the levy of such assessments shall be used exclusively within the PICO Boulevard BIA described herein and shall not be used to provide Improvements or actIVIties outside of such BIA SECTION 6 Flndln~ of Benefit The City Council hereby finds that the businesses and property within the PIca Boulevard BIA 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 PICO Boulevard SIA, less 5% retained by the City for the costs of collection and administration, shall be used for any of the following purposes 1) The acqUIsition, Installation, construction or maintenance of parking faCIlities, benches, Information kiosks, trash receptacles, street lighting, parks, fountains, landscaping and related Improvements, including, without IImltatlon, lITIgation, lighting, sl9nage, fenCing, walkways and Similar Improvements for the benefit of the area 2) Decoration of any public place In the area 3) Promotron of public events which are to take place on or In public places In the area, Including the proVISion of secunty for such public events 5 4) Furnishing of musIc In any public place In the area 5) The general promotion of commercial trade actIVIties In the area 6} ActiVIties to manage traffIc generated by employees and customers of bUSinesses within the area, and 7) Secunty Operations SECTION 8 Time and Collection of Assessments The assessments leVied hereunder shall be payable concurrently and collected at the same ttme and In the same manner as the general bUSiness license tax For failure to pay said assessments on the due date thereof, penalttes shall be exacted as set forth In Section 6 04 160 of the Santa MOnica MUniCipal 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 SECTION 10 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 6 Junsdlctlon, 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 declared invalid or unconstitutional 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 in .iLlhui / Jfi /I,J,~ MARSHA JO~S- MOtJr(r3IE City Attorney 7 Adopted and approved this 23rd day of May, 2000. State ofCaliforma ) County of Los Angeles) 5S. City of Santa Monica ) I, Maria M. Stewart, CIty Clerk of the City of Santa Monica, do hereby certIfY that the foregomg Ordmance No 1973 (CCS) had it's first readmg on March 28,2000, and adoptIon at the CIty Council meeting held on May 23rd, 2000, by the following vote: Ayes Council members: Holbrook, Rosenstelll, McKeown, Femstein. Bloom. Mayor Pro Tern O'Connor, Mayor Genser Noes: Council members. None Abstain: Council members None Absent: Council members None ATTEST. ~ ~_-..k- , Mana M. Stewart. CIty Clerk