O2483City Council Meeting: March 24, 2015 Santa Monica, California
(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 IMPROVEMENT DISTRICT LAW OF 1994
WHEREAS, property and business owners have expressed their desire
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 establishment 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 establishing a district pursuant to the State Law; and
WHEREAS, authorizing modifications to the provisions of the State Law
governing the petition threshold 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, thereby facilitating the initiation of the district
establishment process and enhancing
opportunities for property and business owners to receive additional services and
improvements benefitting their area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 2.38.030 is hereby amended
to read as follows:
2.38.030 Petition threshold.
Notwithstanding Streets and 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 forty percent of the
assessments proposed to be levied.
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inconsistencies and no further, is hereby repealed or modified to that extent necessary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
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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.
APPROVED AS TO FORM:
MARSHA J
O ES MOUT IE
Cit� Attorney
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Approved and adopted this 24th day of March, 2015.
K ive McKeown, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2483 (CCS) had its introduction on March 17, 2015,
and was adopted at the Santa Monica City Council meeting held on March 24,
2015, by the following vote:
Ayes: Councilmembers: Davis, Himmelrich, O'Connor, O'Day, Winterer
Mayor McKeown, Mayor Pro Tern Vazquez
Noes: Councilmembers: None
Absent: Councilmembers: None
A summary of Ordinance No. 2483 (CCS) was duly published pursuant to
California Government Code Section 40806 .
ATTEST:
Sarah P. Gorman, City Clerk