El Monte Municipal Code Ch. 12.24 Parking and Business Improvement Area

There is hereby established a parking and business improvement area within the meaning of, and pursuant to, the Parking and Business Improvement Area Law of 1965 (Streets and Highways Code Sections 36000 through 36081). For purposes of this chapter, the term "said area" shall be a reference to the parking and business improvement area established under this chapter.

(Prior code § 6700)

(Ord. No. 2915, § 3, 6-20-2017)

The boundaries of said area are specifically described as follows:

All that property in the city of El Monte, county of Los Angeles, state of California, bounded and described as follows:

Beginning at the point of intersection of the southwesterly line of the Southern Pacific Railroad Right of Way, 100 feet wide, with the northwesterly line of Cypress Avenue (formerly Central Avenue), 60 feet wide; thence southwesterly along said northwesterly line to the northerly line of the Pacific Electric Railroad Right of Way, 80 feet wide; thence westerly along said northerly line to the southwesterly line of Monte Vista Street; thence southeasterly along said southwesterly line of Monte Vista Street to the northeasterly line of Valley Boulevard; thence southwesterly in a direct line to a point that is south 41º 41′ 04″ west 15.00 feet and south 47º 56′ 47″ east 15.00 feet and south 42º 03′ 14″ west 9.90 feet from the most northerly point of the northwesterly line of that certain parcel of land, described in Indenture to the City of El Monte, recorded in Book 6703 Page 151 of Official Records in the Los Angeles County Recorder′s Office; thence south 42º 03′ 14″ west 44.25 feet to the northerly line of Ramona Boulevard (formerly Columbia Street); thence westerly along said northerly line of Ramona Boulevard 130.46 feet; thence northerly in a direct line to a point in the southerly line of said Pacific Electric Railroad Right of Way that is westerly 45.59 feet from the southwesterly line of Valley Boulevard (formerly San Bernardino Road and 66 feet wide); thence easterly along said last mentioned southerly line to the southwesterly line of Valley Boulevard, 76 feet wide; thence northwesterly along said last mentioned southwesterly line to the northerly line of said Pacific Electric Railroad Right of Way as it existed on October 18, 1965; thence westerly along said last mentioned northerly line to the southeasterly line of the Rio Hondo Flood Control Channel Right of Way; thence northeasterly along said last mentioned southeasterly line to a line parallel with and southwesterly 50 feet at right angles to the center line of the Southern Pacific Railroad Right of Way, 100 feet wide; thence southeasterly along said parallel line to said point of beginning.

(Prior code § 6701)

For purposes of graphic illustration, the boundaries of said area as described in Section 12.24.020 are delineated on the following map of the area:

MAP DELINEATING BOUNDARIES OF PARKING AND BUSINESS IMPROVEMENT AREA

[Figure]

(Prior code § 6701.1)

The uses and purpose to which the additional revenue emanating from said area pursuant to and as a result of this chapter shall be put are any one or more of the following:

A. The acquisition, construction or maintenance of parking facilities 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;

D. Furnishing of music in any public place in the area;

E. The general promotion of retail trade activities in the area.

F. Administrative, management or other operational costs and expenditures (collectively, "administrative costs") incurred by any vendor with whom the city contracts with for the purposes of implementing, managing and/or overseeing the various activities and undertakings for which tax revenues generated under this chapter may be used. The foregoing notwithstanding, effective as of October 1, 2017, no more than twenty (20) percent of any single disbursement of tax revenues by the city may be applied to pay for administrative costs, without the prior approval of the City Council by resolution. For purposes of this subsection F., the term "vendor" means any person, organization or other legal entity.

1. Disbursements of tax revenues generated pursuant to this chapter to a vendor shall be made pursuant to the terms of a written agreement approved by the City Council or as part of a City Council-approved program for the disbursement and receipt of such funds. Disbursements under the terms of any such written agreement or program shall be made on a quarterly basis, except as otherwise authorized by the City Council under the terms of the written agreement or the City Council approved program.

2. As a condition to the receipt of tax revenue funds generated under this chapter, a vendor shall, at a minimum, be required to provide the city with a quarterly report detailing the vendors use of all tax revenues disbursed to the vendor during the prior fiscal year quarter, including, but not limited to, all tax revenues used to pay administrative costs. Each quarterly report shall include supporting documentation, including but not limited to true and correct copies of receipts, invoices and such other records and information as the city may request. The city also reserves the right to inspect all records of the vendor to verify compliance with the requirements of this chapter.

3. Each quarterly report shall be due to the city within thirty (30) calendar days from the end of each fiscal year quarter. If the deadline for submitting a quarterly report falls on a day in which the city is closed for business, the deadline shall be extended to the next city business day. For purposes of this chapter the term "fiscal year" means the period of time commencing on July 1 of a calendar year and ending on June 30 of the calendar year immediately following.

4. In the event a vendor to timely submit any quarterly report required under this subsection F. or fail to include records or information required by the city or this chapter, the city, may immediately suspend any pending or future disbursements of tax revenues, immediately terminate any written agreement with the vendor and/or immediately exclude the vendor from participation in any city-approved program. City shall also be entitled to pursue such other remedies as may be available to it under the terms of its written agreement or the city-approved program or at law or in equity, including the recovery of any tax revenues use for any purpose not authorized under this chapter.

(Prior code § 6702)

(Ord. No. 2915, § 4, 6-20-2017)

The initial rate of increase or the additional levy of the general business license tax imposed upon the businesses within said area and the breakdown by class of business, are fixed, levied, determined and established as follows:

1. For purposes of this Section 12.24.050, the term "massage parlor" shall mean and refer to all businesses which fall within the definition of the term "massage establishment" as set forth under Chapter 5.56 of the El Monte Municipal Code.

(Amended during 1999 recodification; prior code § 6703)

(Ord. No. 2779, § 5, 10-18-2011)

Whenever a business is susceptible to more than one business classification under Title 5 of this code or under any of the classifications hereinabove set forth, the highest business license applicable under the El Monte Municipal Code and the classification hereinbefore set forth which produces the greatest additional tax shall be used and applied to such business.

(Prior code § 6704)

The additional tax levied shall be due and payable and shall be paid at the same time and in the same manner that the business license tax imposed by Chapter 5.08 of this title is due and payable in accordance with the terms of this chapter.

(Prior code § 6705)

The provisions of Sections 5.04.040, 5.04.080A and B, 5.04.100A—C and E, 5.04.110, 5.04.140, 5.04.170, 5.04.180, 5.04.190, 5.04.200, 5.40.220, 5.04.230, 5.04.240, 5.04.250, 5.04.260, 5.04.330, 5.04.350, 5.04.360 and 5.04.370 of this code shall be applicable to all businesses in the area described in Section 12.24.020 and subject to the additional levy of the general business license tax imposed by Section 12.24.050. (Amended during 1999 recodification; prior code § 6705.2)

No business license shall be issued pursuant to this chapter unless the additional business license tax imposed by this chapter is paid together with the business license payable pursuant to and imposed by Chapter 5.08 of this code.

(Prior code § 6706)

No person shall fail or refuse to pay the additional business license tax imposed by this chapter.

(Prior code § 6707)