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HomeMy WebLinkAboutOrdinances_2044_CCv0001.pdf ORDINANCE NO. 2044 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 18.216 OF THE REDLANDS MUNICIPAL CODE RELATING TO PARKING AND BUSINESS IMPROVEMENT AREAS WHEREAS, on July 19, 1988, the City Council of the City of Redlands ( "this City Council") adopted Resolution No. 4403 calling for a public hearing to consider the dis- establishment of Parking and Business Improvement Area B under the Parking and Business Improvement Area Law of 1965 and the simultaneous establishment of Parking and Business Improvement Area B under the Parking and Business Improve- ment Area Law of 1979; and WHEREAS, on August 2, 1988, this Council held a duly noticed public hearing in accordance with Streets and Highways Code Sections 36500, et ! a. at which testimony was presented and evidence received regarding the reorganization of Parking and Business Improvement Area B.- and WHEREAS, it is the desire of this City Council to proceed with the reorganization of Parking and Business Improvement Area B in accordance with the provisions of Resolution No. 4403 and Streets and Highway Code Sections 36500, et sem. ; and WHEREAS, this City Council finds that the busi- nesses lying within Parking and Business and Improvement Area 3 will be benefited by the expenditure of the funds raised by the charges and assessments proposed to be levied within Parking and Business Improvement Area B., BE IT ORDAINED by the City Council of the City of Redlands as follows: SECTION 1. Parking and Business Improvement Area B is hereby disestablished under the Parking and Business Improvement Area Law of 1965 and re-established under the Parking and Business Improvement Area Law of 1979. SECTION 2. Chapter 18. 216.010 of the Redlands Municipal Code is hereby amended to read as follows: "18.216.010 Statutory Authority. The City Council has initiated and taken the proceedings set out in this Chapter in accordance with the Parking and Business Improvement Area Law of 1979, as added to the Streets and Highways Code by sections 36500 et seg. " SECTION 3. Chapter 18 . 216. 020 of the Redlands municipal Code is hereby amended to read as follows: 1118.216.020 Resolution of Intention Ado ted. On the 19th day of July, 1988, the City Council adopted Resolution No. 4403 entitled 'A Resolution of the City Council of the City of Redlands Calling a Public Hearing to Disestablish Parking and Business Improvement Area B Under the Parking and Business Improvement Area Law of 1965 and Simultaneously Reestablish Parking and Business Improvement Area B Under the Parking and Business Improvement Area Law of 19791 , which resolution of intention is required by the Parking and Business Improvement Area Law of 1979 in order to consider the establishment of an area. SECTION 4. Chapter 18. 216 .030 of the Redlands Municipal Code is hereby amended to read as follows : "18. 216 . 030 Resolution of Intention -- Notice and Hearing. Resolution No. 4403 was published and mailed as provided by law, and a hearing thereon was held by the City Council on August 2, 1988, at the hour of 7 :30 p.m. in the Council Chambers of the City Council, in Safety Hall, 212 Brookside Avenue, Redlands, California. " SECTION S. Chapter 18 . 216.040 of the Redlands Municipal Code is hereby amended to read as follows: -3- 1118. 216. 040 Resolution of Intention -- Protests and Objections -- Council HeALLna and Determination. During the hearing so provided for by Resolution No. 4403 , the City Council heard all persons desiring to be heard, and all protests and objections, written and oral made or filed, and received evi- dence for and against the proposed action. Following such hearing, the City Council overruled and denied all protests and objections, which determination was entered on its minutes, and the hearing had been duly concluded. " SECTION 6. Chapter 18. 216.060 of the Redlands Municipal Code is hereby amended to read as follows: "18.216.060 Area B -- Official Name. The name of the Parking and Business Improvement Area hereby created and estab- lished is the Redlands Parking and Busi- ness Improvement Area B, hereinafter in this Chapter for brevity and convenience sometimes referred to as 'Area' . " -4- SECTION 7. Chapter 18. 216. 090 of the Redlands Municipal Code is hereby amended to read as follows: 1118.216 .090 Area B -- Businesses Subipc_t to Assessments and Charges. All businesses within the boundaries of the Area, as described in this Chapter , not exempt by law, are subject to the pro- visions of the assessments and charges provided by this Chapter . " SECTION S. Chapter 18.216.100 of the Redlands Municipal Code is hereby amended to read as follows: 1118.216.100 Area B -- Rate of Charges and Assessments. A. The charges and assessments on all businesses conducting their activities in the Area, which is in addition to the ordinary license tax imposed upon such businesses by the City, are fixed and established at the rates imposed in the following schedule: RETAIL 1. In accordance with Streets and Highways Code Section 36526, zones of benefit are hereby established based upon the degree of benefit derived by retail businesses. Such zones are described in Resolution No. 4403 of the City Council of the City and may -5- be revised from time to time by resolution of the City Council. Each of the zones shall be assigned one of the following rates to assess charges on retail business . TE A: twice the business license charge TE B one and case-half the business license charge RATE C: equal to the business license charge PROFESSIONALS 1. The charge shall be one-fourth ( 1/4) the charge for the professional ' s business license CONTRACTORS 1. The charge shall be one -hal: (1/ the charge for the contractor ' s business license FINANCIAL INSTITUTIONS AND PUBLIC UTILITIES 1. The charge shall be $1, 250.00 ; pro- vided, however, the charge for any wholly-owned subsidiary of a finan- cial institution or ,public utility shall be $50. 00, NON-PROFIT ORGANIZATIONS AND MISCELLANEOUS SPACE USE 1. The charge shall be $50.00 MAXIMUM IMUM ASSESSMENT FEE 1* A maximum amount of $2, 500.00 shall be charged any one business in Parking and Business Improvement Area B. MINIMUM UM :ASSES 1 E2 T FEE 1. A minimum amount of $50.00 shall be charged any one business in Parking; and Business Improvement Area.. B B. Whenever a business is suscep- tible to more than one business classifi- cation under the Redlands Municipal Code, or under any of the above classifications, the highest applicable business license in the classification which sets forth the greatest additional charges or assessments shall be used and applied to such business. " SECTION 9. Chapter 18.216.110 of the Redlands Municipal Code is hereby amended to read as follows : 18. 216.110 Area B -- Charges and Assessments Proceeds -- Authorized Expenditures. The additional revenue from the levy of assessments and charges shall be used as follows A. Promotion of public events which are to take place on or in public places in the Area; B. Decoration of any public place in the Area; C. The general promotion of business in the Areat including but not -7- limited to the acquisition, construction or maintenance of facilities to increase the safety, convenience and appearance of any public place in the Area; D. Such administrative facilities as may be necessary to provide all promo- tions and activities specified in this Chapter; E. Furnishing of music in any public place in the Area. " SECTION 10. Chapter 18. 216.130 of the Redlands Municipal Code is hereby amended to read as follows: 18. 216. 130 Collection Procedures . The collection of the charges and assessments imposed by this Chapter shall be made at the same time and in the same manner as the ordinary business license tax of the City under the provisions of this Code, and shall be computed in the manner provided in this Code for each business in accordance with the schedule set forth in this Chapter , and shall be due and payable as provided in this Code. " SECTION 11 . Chapter 18. 216. 140 of the Redlands Municipal Code is hereby amended to read as follows: "18. 216. 140 New Business Assessment Procedures. Any new business in the Area shall be assessed in accordance with its classifi- cation; provided that, in the event only a portion of the calendar year remains, the assessments and charges levied hereunder shall be prorated in accordance with the proportion that the number of months (or major portion of any month) remaining in the calendar year bears to the twelve months of the calendar year . " SECTION 12. Chapter 18. 216 .150 of the Redlands Municipal Code is hereby amended to read as follows : 1118. 216. 150 Refunds. In the event a business in the Area is discontinued during any calendar year for which the assessments and charges levied hereunder have been paid, the Council, upon written application therefor , may refund to the person who paid the same that proportion of such assessments and charges so paid that the -9- number of months ( including major portion of any month) remaining in the year , from the date of discontinuance of such busi- ness, bears to the twelve months of the year . " SECTION 13. Chapter 18. 216. 160 of the Redlands Municipal Code is hereby deleted in its entirety. SECTION 14 . The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and publish it or a summary of it once in the Redlands Daily Facts, a newspaper of general circulation printed and published within the City and thereafter this Ordinance shall take effect in accordance with law. Mayor, City of Redlands, California ATTEST: Cit4l Clerk DJM0225A (Clean) I , Lorrie Poyzer, City Clerk , City of Redlands , hereby certify that the foregoing Ordinance was duly adopted by the City Council at a regular meeting thereof held on the 20th day of September , 1988 , by the following vote : AYES : Councilmembers Johnson, Cunningham; Mayor Beswick NOES : Councilmember DeMirjyn ABSENT: Councilmember Wormser ABSTAIN: None C C' erk , C f Recd and CX" 40 *4 tt, "60 Vic ot DJM0225A (Clean)