O1974
CA f atty\muni\laws\mox\montana bla ord wpd
City Council Meeting 5-23-00
Santa MOnica, California
ORDINANCE NUMBER , Q7L..
(CCS)
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 960(CCS)
TO CHANGE THE ASSESSMENT LEVIED IN THE
MONTANA AVENUE BUSINESS IMPROVEMENT ASSESSMENT DISTRICT
WHEREAS, on July 9,1974, the City Council of the City of Santa Monica adopted
Ordinance Number 960 (CCS), establishing a business Improvement area along a portion
of Montana Avenue and approving the levy of an assessment (the "Fee") for the general
promotion of business and professional actIVIties Within the Montana Avenue Business
Improvement Assessment Dlstnct (hereinafter "the Dlstnct"), and
WH EREAS, on July 10, 1990, the City Council of the City of Santa Monica adopted
Ordinance Number 1531 (CCS) In order to amend the Fee levied In the DiStriCt, and
WHEREAS, on November 13, 1990, the City Council of the City of Santa MOnica
adopted Ordinance Number 1558 (CCS), amending Ordinance Number960 (CCS) in order
to amend the Fee levied In the District, and
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WHEREAS, on June 13,1995, the City Council of the City of Santa Monica adopted
Ordmance Number 1805 (CCS), amendmg Ordinance Number 960 (CCS) m order to
amend the Fee levied In the District, and
WHEREAS, under and pursuant to the provIsIons of Part 5 of DIvIsion 18,
commencing with Section 36000 of the Streets & Highways Code (hereinafter sometimes
referred to as the "Law"), on March 28, 2000, the City CounCil adopted Resolution Number
9495(CCS) declaring its intention to make additional changes In the amount of the Fee
leVied In the District and setting a public hearing on such matter as reqUired by the Law;
and
WH EREAS, said Resolution Number 9495 (CCS) was duly published, copies thereof
were duly mailed to each bUSiness license holder in the District and posted In public places
in the DistriCt, as provided by the Law, and
WHEREAS, as speCified In said Resolution Number 9495 (CCS), a hearing
concerning the proposed change In the fee leVied in the District was held before the City
CounCil on Apn118, 2000 In the City Council Chambers located at 1685 Main Street, In the
City of Santa MOnica, and
WHEREAS, at saId public hearmg all written and oral protests made or filed were
duly heard, eVidence for and against the proposed action was received, and a full, fair,
and complete heanng was granted and held before the City CounCIl; and
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WHEREAS, at said heanng all protests, both wntten and oral, made or filed, were
duly overruled and denied and the City Council determined that there IS no majority protest
within the meaning of Section 36023 of the Streets & Highways Code,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1 Section 2 of Ordinance Number960 (eCS) IS amended to change the
fee levied in the District and shall read as follows:
SECTION 2 That commencing on July 1, 2000, in addition to the
general business license tax (hereinafter sometimes referred to as "busmess
license fee"), an assessment IS hereby Imposed upon business license
holders occuPYing busmess premises In the area Said assessment (the
"Fee") shall be at the following rates
BUSiness
Category
Fee Amount*
Annual
MaXimum
Agent/Broker
$ 80 00
$ 80.00
$ 1,000 00
$ 1,000 00
$ 1,000.00
$ 80.00
$ 80.00
Retail
1 X Business License Tax**
Recreation
1 x BUSiness License Tax**
Entertainment
1 x BUSiness License Tax**
Auto Dealer
Contractorl
Subcontractor
$ 80.00
$ 80.00
3
Business
Category
Fee Amount*
Annual Maximum
Corporate/
Ad mlnlstrative
Headquarters
$ 80 00
$ 80.00
ProfessIons
$ 80 00
$ 80 00
$ 80 00
$ 80 00
$ 80 00
$ 80 00
$ 80.00
$ 80.00
$ 80.00
$ 80.00
Manufacturers
Services
Wholesalers
Utilities
*Mmlmum fee IS $40 00 for all new busmess license holders and for those
with less than $20,000 gross Income for any year on which renewal of the
bUSiness license fee is based
** BUSiness License Tax rates are set forth m Article 6 of the Santa Monica
Municipal Code
Said Fee shall be payable concurrently and at the same time as the
general business license fee For failure to pay said Fee on the due date
thereof, penalties shall be exacted as set forth In Section 6.04.160 of the
Santa MOnica MUniCipal Code
SECTION 2 All protests, both written and oral, are overruled and denied, and the
City Council finds that there IS no majority protest within the meaning of Section 36023 of
the Streets and Highways Code
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SECTION 3 Any provIsion of the Santa MOnica MUnicipal Code or appendices
thereto inconsistent with the provIsions of thIS Ordmance. to the extent of such
inconsistencies and no further, are hereby repealed or modified to that extent necessary
to affect the provIsions of thIs Ordinance
SECTION 4 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 Ordmance. The City Council hereby declares that It would have passed 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 5 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 m the official
newspaper Within 15 days after Its adoption. ThiS ordinance shall become effective after
30 days from ItS adoption
APPROVED AS TO FORM:
fYI ~M /Vi /U~
MA~SHA JO~S MOUTRIE
City Attorney
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Adopted and approved tms 23rd day of May. 2000.
Ken Genser,
SmteofCahfonua )
County of Los Angeles) 5S
City of Santa Moruca )
I, Mana M. Stewart, City Clerk of the CIty of Santa Monica, do hereby certIfY that the foregomg
Ordinance No. 1974 (CCS) had it's first reading on April 18, 2000, and adoptIon at the City
Council meetmg held on May 23rd, 2000, by the following vote
Ayes' Council members:
Holbrook, Rosenstem. McKeown, Femstein, Bloom, Mayor
Pro Tem O'Connor, Mayor Genser
Noes. Council members.
None
Abstain. Council members:
None
Absent: Council members:
None
ATTEST.
~ ~ -~-=<....}-
Mana M. Stewart, C~ Clerk