O1328
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City Council Meeting 2-12-85
Santa Monlca, California
ORDINANCE NUMBER
1328 (CCS)
(City Councll Series)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA
AMENDING ORDINANCE NUMBER 1303 (CCS) TO
INCLUDE ADDITIONAL BUSINESSES IN THE
MAIN STREET PARKING AND BUSINESS
IMPROVEMENT AREA
WHEREAS, the Parklng and Business Improvement Area Law
of 1979, Streets and Highways Code Section 36500 et seg.,
authorizes the City of Santa Monica to levy assessments on
businesses wlthin a parking and business improvement area
which is in addition to any other assessments, fees, charges,
or taxes and to use such proceeds for the benefit of
businesses within the parklng and business lmprovement area
for such purposes lncluding the general promotlon of business
actlvlties in the area; and
WHEREAS, businesses on Main Street requested that the
City Council establish a parklng and business improvement
area; and
WHEREAS, the City Council, by Ordinance Number 1303
(eCS), established a parking and business lmprovement area on
Main Street from Pico Boulevard on the north to the south city
limlts on the south and on Ocean Park Boulevard, Hill Street,
Ashland Avenue, Klnney Street, Pler Avenue, and Marine Street
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between Neilson Way on the west and Second Street on the east;
and
WHEREAS, the City Council desires to amend Ordinance
Number 1303 (CCS) to include additional businesses within the
parking and business improvement area,
WHEREAS, on December 11, 1984, the City Council adopted
Resolution Number 6954 (CCS) declaring its intention to amend
such a parking and buslness lmprovement area, which resolution
was entitled "A Resolution of the Clty Council of the City of
Santa Honica Declaring Its Intention to Amend Ordinance Number
1303 (CCS) to Include Additional Businesses in the Main Street
Parking and Business Improvement Area and Setting the Time and
Place of Hearing to Consider Such Amendment"; and
WHEREAS,
published, and
Resolution
Number
6954
(CCS) was duly
mailed, all as
copies thereof were
duly
provided for by the Parking and Business Improvement Area Law
of 1979; and
WHEREAS, as specified in Resolution Number 6954 (CCS), a
hearing concerning the formation of the parkIng and business
improvement area was held before the City Council on January
22, 1985, at the hour of 7:30 p.m. in the Council Chambers in
the City Hall of the City of Santa Honica; and
WHEREAS, at said hearing all written and oral protests
made or filed were duly heard, evidence for and against the
proposed action was received, a full, fair and completed
hearing was granted and held, and the City Council is fully
advised in the premlses; and
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WHEREAS, at said hearing all protests, both written and
oral, made or filed were duly overruled and denled and the
City Council determined that there was no majority protest
within the meaning of the Streets and Highways Code Sectlon
36523,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Sectlon 3 of Ordinance Number 1303 (eeS) is
amended to read as follows:
SECTION 3.
In addition to any
other assessments, fees, charges, or
taxes, an additional assessment is
hereby
levied in the parking and
business improvement area as follows:
A. For any person holding
a retail sales tax permit, one-tenth
of one percent of total taxable sales
payable on May 15 of each year and
based upon the total taxable sales
during the twelve month period of
January 1 through December 31
preceding the May 15 payment date.
The maXlmurn assessment under this
subdivision shall not exceed $1,000.00
in any year.
B. For
any person not
holding a retail sales tax permlt and
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who has been issued or requires a
business license from the City} $25.00
payable on May 15 of each year, except
that
any
person
holdIng only a
busIness license or licenses under
Municipal Code Sections 6219 or 6219A,
or both, shall not be required to pay
such assessment.
c. The
penalty
for
non-payment of the assessment on the
due date shall be 10% of the amount of
the assessment plus an additional 5%
of the amount of the assessment for
each month or portion thereof that the
assessment is unpaId after the due
date.
D. The assessment shall
not apply to any person operating a
business from his or her principal
place of residence within the parking
and business improvement area and for
which a home occupation permit has
been Issued in accordance with the
provIsions for ArtIcle IX of the Santa
Monica MunIcipal Code.
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SECTION 2. In all other respects, Ordinance Number 1303
(CCS) shall remain in full force and effect and is hereby
re-enacted.
SECTION
3.
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
any competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the ordinance. 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 4.
The Hayor 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. The ordinance
shall become effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYER~ \J
City Attorney
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Adopted and approved this 19th day of February, 1985.
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/ Mayor '
I hereby certify that the foregoing Ord Inance No. 1328 (CCS)
was duly and regularly Introduced at a meeting of the CIty
Council on the 22nd day of January 1985; that the saId Ordinance
was thereafter duly adopted at a meetIng of the City Council on
the 19th day of February 1985 by the followIng Council vote:
Ayes: Counc1.lmembers: Conn, EpsteIn, Jennings, Zane and
Mayor Reed
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Edwards and Katz
ATTEST~
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City Clerk