SR-022796-8A
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City Council Meeting 2-27-96
. FEB 2 7 1996
Santa Monica, Cal~forn~a
TO: Mayor and city council
FROM: City Attorney
SUBJECT: Amendment of Ordinance Number 1606 (CCS)
Pertaining to Assessments on Businesses
within a Parking and Business Improvement Area
INTRODUCTION
This staff report presents for introduction and first reading, an
ordinance amending Ordinance Number 1606 (CCS) pertaining to the
establishment of business improvement areas and the levy of
assessments for specified purposes within such areas.
BACKGROUND
In 1991, after review and analysis of state law procedures for
changes in uses of assessment revenues and types of uses permitted
under such laws, it was determined that more flexibility could be
achieved by adoption of a separate City procedure for establishment
of business improvements areas exclusive of state law procedures.
On November 26, 1991, the City Council adopted Ordinance Number
1606 (CCS) (the "Ordinance"), which incorporated portions of the
state procedures while providing a broader range of purposes for
establishing parking and business improvement areas and levying
assessments in such areas.
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FEB 2 7 1996
This enabling legislation has not yet been used to establish any
new business improvement districts.
However, it is now desired that a new business improvement area be
established for Main street in connection with the proposed Main
street streetscape Improvement Project. city staff has met with
business leaders from the existing Main Street Assessment District
to discuss creation of a new district under Ordinance Number 1606
(CCS) and disestablishment of the existing assessment district
established under state law. As a result of such discussions, it
was determined that Ordinance Number 1606 (CCS) requires amendment
to clarify and expand the nature of permitted uses. For example,
although one permitted use under the Ordinance is the ".
acquisition, construction or maintenance of parks and
fountains", there was concern that various landscaping
improvements may not be covered under the Ordinance. Therefore,
the attached ordinance would amend Ordinance Number 1606 (CCS) to
expressly add "landscaping and related improvements, including,
without limitation, irrigation, lighting, signage, fencing,
walkways and similar improvements. ." as permitted uses. In
addition, the attached ordinance would add security operations as
a permitted use of the assessment revenues.
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BUDGET/FINANCIAL IMPACT
There will be no direct bUdget/financial impact resulting from
the recommended action.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance
be introduced for first reading.
PREPARED BY:
Marsha Jones Moutrie, City Attorney
Jeff Mathieu, Director of Resource Management
Linda A. Moxon, Deputy City Attorney
Howard Robinson, Real Estate/Economic Development
Manager
ATTACHMENT:
Ordinance Amending Ordinance Number 1606 (CCS)
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CA:f:atty\muni\laws\mox\main.1
city council Meeting 2-27-96
Santa Monica, California
ORDINANCE NUMBER
CCS
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING ORDINANCE NUMBER 1606 (CCS)
TO CLARIFY AND EXPAND THE USES OF ASSESSMENTS
LEVIED WITHIN A BUSINESS IMPROVEMENT AREA
WHEREAS, on November 26, 1991, the City Council of the City of
Santa Monica adopted Ordinance Number 1606 (CCS), authorizing the
City of Santa Monica to establish parking and business improvement
areas in accordance with the procedures set forth in said
ordinance; and
WHEREAS, Ordinance Number 1606 (CCS) authorizes the city of
Santa Monica to impose an assessment for specified purposes on
businesses within any parking and business improvement area
established thereunder; and
WHEREAS, the specified purposes for uses of assessment fees
enumerated in Ordinance Number 1606 (CCS) were selected in
conjunction with discussions among City staff and business leaders
in the City'S commercial districts; and
WHEREAS, further discussions among City staff and business
leaders in the community has led to a recommendation to clarify and
expand the range of purposes for which assessments imposed pursuant
to Ordinance Number 1606 (CCS) may be utilized,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1.
The title of Ordinance Number 1606 (CCS) is
amended to read as follows:
ORDINANCE NUMBER 1606 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO IMPOSE AN ASSESSMENT ON BUSINESSES
WITHIN A ~~~~I~~ ~~!~ BUSINESS IMPROVEMENT AREA
SECTION 2.
section 1 of Ordinance Number 1606 (CCS) is
amended to read as follows:
SECTION 1. Purpose. The purpose of this Ordinance is to
authorize the City of Santa Monica to impose an assessment on
businesses within a p~~~~~; ~~~ business improvement area for the
following purposes:
(a) The acquisition, i nst.l1 ~at ion, construction or
maintenance of parking facilities, benches, l!llot";"'.:Jtirm kiorr:~',
trash receptacles, street lighting, parks, --~ fountains~
IM:<J:<t"lpill<j <In'] rcl.ltC'd impruvC'."C'lit;;. In:;luciin<lo ,.:ith"~lt
1 i1- it..t ion, i rrJ :I"tion, L j ght i nq, f'.<J.1"CJc, I <'IIC i nq, 111.11 k.".i~'" and
t:d ~i l..r impcov(';.:t.nt.c; for the benefit of the area.
(b) Decoration of any public place in the area.
(c) Promotion of public events which are to take place
on or in pUblic places in the area, inclUding the provision of
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security for such public events.
(d) Furnishing of music in any pUblic place in the area.
(e) The general promotion of :::-::t.::..:.::' c:o,nml'rcial trade
activities in the area.
(f) Activities to manage traffic generated by employees
and customers of businesses within the area.
(q) Security operatiorG.
SECTION 3. 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,
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 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 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 in the official newspaper
within 15 days after its adoption. This Ordinance shall become
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effective 30 days from its adoption.
APPROVED AS TO FORM:
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