City Council Meeting: March 25, 2008 Santa Monica, California

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 IMPROVEMENT 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.

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 amended 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.

2.38.020 – Procedural Options. In forming 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 _____ percent of the assessments proposed to be levied.

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 _____ years.

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.

APPROVED AS TO FORM:

_________________________

MARSHA JONES MOUTRIE

City Attorney