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City Council Meeting 4-27-99
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Santa MOnica, California
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APR 2 7 1J99
TO Mayor and City Council
FROM City Staff
SUBJECT An Ordinance ofthe City Council of the City of Santa MOnica Amending and
Modifying the Main Street BUSiness Improvement Area Assessment Dlstnct,
Repealing InconSistent ProvIsions of Ordinances 1303 (eeS) and 1328
(CeS) and LeVYing an Assessment on BUSinesses Within Such Main Street
Busmess Improvement Area
lntroductlon
At ItS meeting on Apn113, 1999, the City Council Introduced for first reading an ordinance
amending and modifYing the maIO street bUSiness Improvement area assessment distriCt,
repealing InconSistent prOVISions of Ordinances Number 1303 (eeS) and 1328 (CCS) and
leVYing an assessment on bUSinesses wlthm such main street bUSiness Improvement area
The ordinance IS now presented to the City CounCil for adoption
Recommendation
It IS respectfully recommended that the accompanYing ordinance be adopted
PREPARED BY
Marsha Jones Moutne, City Attorney
Linda A Moxon, Deputy City Attorney
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APR27S9
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City Council Meeting 4-27-99
Santa MOnica, Callforma
ORDINANCE NUMBER 1940 CCS
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING AND MODIFYING THE MAIN STREET BUSINESS IMPROVEMENT
AREA ASSESSMENT DISTRICT, REPEALING INCONSISTENT PROVISIONS OF
ORDINANCES 1303 (CCS) and 1328 (CCS) AND LEVYING AN ASSESSMENT ON
BUSINESSES WITHIN SUCH MAIN STREET BUSINESS IMPROVEMENT AREA
WHEREAS, on March 23, 1999, the City Council of the City of Santa MOnica
adopted Resolution Number 9381 (CCS), entitled "A Resolution of the City Council ofthe
City of Santa MOnica Declaring Its Intention to Modify and Amend the Main Street BUSiness
Improvement Area Assessment District and Repeal Resolution Number 9018 (CCS)",
which set a public heanng for Aprr113. 1999 at 700 pm m the temporary City Council
Chambers located at the Main Library AuditOrium at 1334 Sixth Street, Santa MOnica,
California for purposes of conSidering the mod Iflcatlon and amendment of such Mam Street
BUSiness Improvement Area. and
WHEREAS, Ordinance Number 1606 (CCS) of the City of Santa Momca, adopted
November 26, 1991. as amended by Ordmance Number 1845 (eCS), adopted March 19.
1996 (heremafter collectively "Ordmance No 1606") sets forth the procedures governing
BUSiness Improvement Areas wlthm the City, and
1
WHEREAS, all requITed public notices having been given. the public hearing was
held on Apn113, 1999 at the scheduled time and location, at whIch tIme the City Council
heard all protests and received eVidence for or against the proposed modification and
amendment of the Main Street Business I mprovement Area and the levy of an assessment
on businesses Within the Main Street 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
modify and amend the Mam Street Business Improvement Area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAI N AS FOLLOWS
SECTION 1 Boundaries of Main Street Business Improvement Area
The Mam Street Business Improvement Area ('Main Street BIA") which IS to be
modified and amended IS compnsed of bus messes located on property bordenng on either
side of Mam Street from PICO Boulevard on the north to the south city limits on the south
and on either side of Ocean Park Boulevard, HIli Street, Ashland Avenue, Kinney Street,
Pier Avenue, and Manne Street between Neilson Way on the west and Second Street on
the east
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SECTION 2 Businesses Sublect to Assessment.
The busInesses located within the boundaries of the Main Street BIA shall be
subject to the provIsIons of the assessment set forth herein.
SECTION 3
Amount of Assessment
An assessment will be levied against all person or entities operating a business
establishment within the Main Street BIA Forfees due July 1 , 1999 and thereafter, unless
amended by the City Council, the MaIn Street BIA assessment Will be a fee equivalent to
the following
Business
ClaSSification
Assessment
Fee Amou nt
Retail
1 x Business License Tax.
Recreation and
Entertamment
$10000 Flat Fee
AgenUBroker
$100 00 Flat Fee
Contractor/Su bcontractor 5100 00 Flat Fee
Corporate/ Admm Istratlve $100 00 Flat Fee
Headquarters
ProfeSSions $100 00 Flat Fee
Manufacturers $10000 Flat Fee
Services $100.00 Flat Fee
Wholesalers $100 00 Flat Fee
UtIlities $100 00 Flat Fee
Annual
MaXimum
$2,000 00
$ 1 00 00
$ 100 00
$ 100.00
$ 1 00 00
$ 1 00 00
$ 1 00 00
$ 1 00 00
$ 1 00 00
$ 1 00 00
· BUSiness LIcense Tax rates are set forth In Article 6 of the Santa Monica
MUniCipal Code
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SECTION 4 ExemptIon for Businesses HoldIng Home Occupation PermIts
The assessment shall not apply to any person operating a business from his or her
princIpal place of residence wlthm the Mam Street SIA and for which a homeoccupatlonn
permit has been Issued In accordance wIth the provIsions of Article IX of the Santa MonIca
MUnicipal Code
SECTION 5 Levy of Assessment to Fund Improvements and ActIvitIes
The Improvements and actlvltles to be provIded In the Main Street BIA will be funded
by the levy of assessments described m Section 3 above The revenues from the levy of
such assessments shall be used exclUSively wlthm the Mam Street BIA described herem
and shall not be used to proVIde Improvements or activities outside of such SIA
SECTION 6 FIndIng of Benefit
The busmesses and property WIthin the Main Street SIA described herein 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 Main Street SIA, less 5% retamed by the City for
the costs of collection and admmlstratlon r shall be used for any of the followmg purposes
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1) General promotion and marketing of commercial trade activities within the
Business Improvement Area, promotion of public events and decoration of
any public place In the area
2) Supplemental operation and maintenance actIVIties within the Main Street
BIA as requ Ired
3) Any other purposes allowable under Ordinance 1606 (CCS), or any
amendment to Ordinance 1606 (CCS)
SECTION 8
Time and Collection of Assessments
The assessments levied hereunder shall be payable concurrently and collected at
the same tIme and In the same manner as the general business license tax. For failure to
pay said assessments on the due date thereof, penalties 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 MUnlclpal Code regarding busmess classification, busmess audit, reporting period,
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
5
SECTION 10 Repeal of Inconsistencies, Modification and Amendment of
Main Street SIA
The provIsions set forth In Ordinance Number 1303 (CCS), as amended by
Ordinance Number 1328 (CCS), which established the onglnal Main Street SIA are hereby
repealed to the extent they are inconsistent with the provIsions set forth In this Ordinance
The modified and amended Main Street SIA shall be as descnbed herein and subject to
the procedures of Ordinance No 1606
Any provIsion of the Santa Monrca Munrclpal Code or appendices thereto
inconsIstent wIth the provIsions ofthls Ordinance, to the extent of such inconsistencies and
no further, are hereby repealed or modified to that extent necessary to effect the provIsions
of thiS Ordmance
SECTION 11 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
JUriSdictIon, 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
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SECTION 12
Collection of Assessments LevIed Prior to Adoption of
ThIs Ordmance
NotwIthstanding the repeal of provIsions of Ordinances 1303 and 1328 (CCS), and
the modification and amendment of the Mam Street BlAt any assessments which were
levIed under such prior ordinances and remain unpaid by any busmess shall contmue to
be due and owmg by such busmesses The City may take all appropriate actions to collect
such past due assessments. and shall have the optIon of collectmg them at the time and
In the manner as provided In thiS Ordmance
SECTION 13
Effective Date
The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordmance The CIty Clerk shall cause the same to be published once In the offiCial
newspaper wlthm 15 days after Its adoption
APPROVED AS TO FORM
/1~iM)~
MARSHA JO~S MOUTRIE
City Attorney
7
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~m o'~onnor, Mayor
State of Cahforma )
County of Los Angeles ) ss
CIty of Santa Moruca )
1. Mana M Stewan. CIty Clerk of the Cny of Santa Moruca. do hereby cenIfy that the
foregomg Ordmance No 1940 (CCS) had Its first readmg on Apnl13. 1999. and was adopted
on Apnl 27. 1999 by the followmg vote
Ayes
CouncIl members
Femstem. Genser. Holbrook. McKeown. O'Connor.
Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
None
.......
ATTEST '---...
~\.o~
Mana M Stewart. eny &e;k- --