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
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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
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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
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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
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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
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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
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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
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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