O1973CA:f:atty\mu ni\laws\mox\pico.ord.wpd
City Council Meeting 3-28-00 Santa
Monica, California
ORDINANCE NUMBER 1973(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING THE PICO BOULEVARD BUSINESS IMPROVEMENT AREA
ASSESSMENT DISTRICT
WHEREAS, on February 22, 2000, the City Council of the City of Santa Monica
adopted Resolution Number 9488 (CCS), entitled "A Resolution of the City Council of
the City of Santa Monica Declaring Its Intention to Establish the Pico Boulevard
Business Improvement Area Assessment District" which set a public hearing for
Tuesday, March 28, 2000 at 7:00 p.m. in the City Council Chambers located at 1685
Main Street, Santa Monica, California for purposes of hearing public testimony on the
proposed Pico Boulevard Business Improvement Area Assessment District; and
WHEREAS, Ordinance Number 1606 (CCS) of the City of Santa Monica,
adopted November 26, 1991, as amended by Ordinance Number 1845 (CCS), adopted
March 19, 1996 (hereinafter collectively "Ordinance No. 1606") sets forth the
procedures governing Business Improvement Areas within the City; and
WHEREAS, all required public notices having been given, the public hearing was
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held on March 28, 2000 at the scheduled time and location, at which time the City
Council heard all protests and received evidence for or against the proposed
establishment of the Pico Boulevard Business Improvement Area Assessment District
and the levy of an assessment on businesses within the Pico Boulevard Business
Improvement Area; and
WHEREAS, the City Council, after all protests, ruled that there was not a
majority protest which would terminate the proceedings, and thereafter made a
determination to establish the Pico Boulevard Business Improvement Area;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Boundaries of the Pico Boulevard Business Improvement
Area.
The Pico Boulevard Business Improvement Area (`Pico Boulevard BIA")
proposed to be established comprises businesses located on property bordering on
either side of Pico Boulevard for its entire length from the Pacific Ocean to the
easternmost City limits at Centinela Avenue.
SECTION 2. Businesses Subiect to Assessment.
Each business located within the boundaries of the Pico Boulevard BIA shall be
subject to the provisions of the assessment set forth herein unless that business is
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already subject to the Main Street Business Improvement Area assessment.
SECTION 3. Amount of Assessment.
An assessment will be levied against all person or entities operating a business
establishment within the Pico Boulevard BIA. For fees due July 1, 2000 and
thereafter, unless amended by the City Council, the Pico Boulevard BIA assessment for
each business license will be a fee equivalent to the following:
Business Assessment Annual
Classification Fee Amount** Maximum
Retail 1 x Business License Tax* $1,000.00
Hotels and Motels 1 x Business License Tax* $1,000.00
Auto-Related Retail,
Service Stations & Repair 1 x Business License Tax* $ 500.00
All Other Services $100.00 Flat Fee $ 100.00
Recreation and $100.00 Flat Fee $ 100.00
Entertainment
Agent/Broker $100.00 Flat Fee $ 100.0 0
Contractor/Subcontractor $100.00 Flat Fee $ 100.00
Corporate/Administrative $100.00 Flat Fee $ 100.00
Headquarters
Professions $100.00 Flat Fee $ 100.00
Rental of Commercial $100.00 Flat Fee $ 100.00
Property
Manufacturers $100.00 Flat Fee $ 100.00
Non-Auto Related $100.00 Flat Fee $ 100.00
Services
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Wholesalers $100.00 Flat Fee $ 100.00
Utilities $100.00 Flat Fee $ 100.00
*Business License Tax rates are set forth in Article 6 of the Santa Monica
Municipal Code
**The fee is $50.00 for new businesses and those with less than $20,000 gross
income for any year on which renewal of the business license fee is based.
SECTION 4. Exemptions for Businesses Holdinq Home Occupation
Permits
and Business Governed bv Section 6.08.180 of the Santa
Monica Municipal Code.
The assessment shall not apply to any person operating a business from his or
her principal place of residence within the Pico Boulevard BIA and for which a home
occupation permit has been issued in accordance with the provisions of Article IX of
the Santa Monica Municipal Code, nor shall it apply to any business whose business
license is subject to only a flat fee as outlined in Article VI, Section 6.08.180, which
governs taxicab drivers, special events, and delivery/pickup businesses. The
assessment shall also not apply to rental of residential property with the exception of
hotels and motels.
SECTION 5. Levv of Assessment to Fund Improvements and Activities.
The improvements and activities to be provided in the Pico Boulevard BIA will be
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funded by the levy of assessments described in Section 3 above. The revenues from
the levy of such assessments shall be used exclusively within the Pico Boulevard BIA
described herein and shall not be used to provide improvements or activities outside of
such BIA.
SECTION 6. Findina of Benefit.
The City Council hereby finds that the businesses and property within the Pico
Boulevard BIA 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 Pico Boulevard BIA, less 5% retained by the
City for the costs of collection and administration, shall be used for any of the following
purposes:
1) The acquisition, installation, construction or maintenance of parking
facilities, benches, information kiosks, trash receptacles, street lighting,
parks, fountains, landscaping and related improvements, including,
without limitation, irrigation, lighting, signage, fencing, walkways and
similar improvements for the benefit of the area.
2) Decoration of any public place in the area.
3) Promotion of public events which are to take place on or
in public places in the area, including the provision of
security for such public events.
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4) Furnishing of music in any public place in the area.
5) The general promotion of commercial trade activities in
the area.
6) Activities to manage traffic generated by employees and
customers of businesses within the area; and
7) Security Operations.
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 Municipal Code regarding business
classification, business 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.
SECTION 10. Partial Invaliditv.
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
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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 portionof the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 13. Effective Date.
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.
APPROVED AS TO FORM:
S/
MARSHA JONES MOUTRIE
City Attorney
Adopted and approved this 23rd day of May, 2000.
S/
Ken Genser Mayor
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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. 1973 (CCS) had its first reading on March 28, 2000, and was
adopted at the City Council meeting held on May 23, 2000, by the following vote:
Ayes: Council members: Holbrook, Rosenstein, McKeown, Feinstein, Bloom,
Mayor Pro Tem O=Connor, Mayor Genser
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
S/
Maria M. Stewart, City Clerk
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