O2258F:tatty\M u n iLaw\Share\Laws\MJM\P BADLawOrd2d
City Council Meeting: April 8, 2008 Santa Monica, California
2258
ORDINANCE NUMBER _ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADOPTING LOCAL MODIFICATIONS TO THE METHOD OF
LEVYING ASSESSMENTS PURSUANT TO THE PROPERTY AND BUSINESS
1MPROVEMENT DISTRICT LAW OF 1994
WHEREAS, Property and business owners have expressed their wish to obtain
the benefits of enhanced services and improvements through the mechanism of
assessment financing;. and
WHEREAS, The Property 'and the Business Improvement District Law of 1994
("the State Law") authorizes the creation of assessment districts for the purpose of
providing the special .benefits of enhanced services and improvements to property
owners and business owners; and
WHEREAS, The State Law expressly authorizes .charter cities to modify the
method of forming a district pursuant to the State Law; and
WHEREAS, Authorizing modifications to the provisions of the State Law
governing the petition threshold and assessment duration will promote the welfare of the
City by increasing the flexibility and utility of the State Law so that petitions may be
more readily initiated and assessments may continue for a longer time period, thereby
promoting long-term planning and stability.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 2.38 is hereby adopted to
read as follows:
Chapter 2.38
Local Modifications to Method of Levying
Assessments Pursuant to the Property and Business
Improvement District Law of 1994
2.38.010 -Purposes. This law is intended to
exercise the authority conferred upon charter cities by
Streets & Highways Code Section 36603 to modify the
method of forming an assessment district pursuant to the
Property and Business Improvement District Law of 1994,
California Streets & Highways Code Section 36600, and
following. The purposes of the following modifications are to
maximize the flexibility and utility of the mechanism created
by state law and to secure its full benefit for Santa Monica by
facilitating the initiation of the district formation process and
enhancing opportunities for long-term planning and stability.
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2.38.020 -Procedural Options. Informing
assessment districts pursuant to the Property and Business
Improvement District Law of 1994, the City Council may
elect to use the procedures set forth in California Streets &
Highways Code Sections 36600 and following or may elect
to use those procedures as modified by this chapter.
2.38.030 -Petition Threshold. Notwithstanding
Streets & Highways Code Section 36621(a) or any other
provision of state law, the City Council may initiate
proceedings to establish a property and business
improvement district upon receipt of a petition signed by
property owners, business owners, or a combination of
property owners and business owners in the proposed
district who will pay at least 40 percent of the assessments
proposed to be levied. This section shall sunset on
December 31, 2008.
2.38.040 Duration of Levy. Notwithstanding
Streets & Highways Code Section 36622(h) or any other
provision of state .law; the City Council may form a district
authorized to levy assessments for a maximum of up to 20
years.
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SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
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 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 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 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. This Ordinance shall become
effective 30 days from its adoption.
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APPROVED AS TO FORM:
Approved and adopted this 8th day of Ap
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2258 (CCS) had its introduction on March 25, 2008, and was
adopted at the Santa Monica City Council meeting held on April 8th, 2008, by the
following vote:
Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver
Mayor Pro Tem Bloom, Mayor Katz
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2258 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
k.s
Maria M. Stewart, ity Clerk