Monrovia Municipal Code Ch. 5.36 Business Improvement District

Pursuant to the Parking and Business Improvement Area Law of 1979 (Cal. Streets and Highways Code §§ 36500 et seq.), there is hereby established a business improvement area within the city to be known as the “Business Improvement District” (the District). The boundaries of the Business Improvement District are as follows:

Beginning at the intersection of the centerline of Foothill Boulevard (70 feet wide) and the centerline of Ivy Avenue (60 feet wide); then southerly along the centerline of said Ivy Avenue to the centerline of Olive Avenue (60 feet wide); thence westerly along the centerline of said Olive Avenue to the centerline of Primrose Avenue (60 feet wide); thence northerly along the centerline of said Primrose Avenue to the centerline of said Foothill Boulevard; thence easterly along the centerline of said Foothill Boulevard to the point of beginning.

Businesses lying within said Business Improvement District shall be subject to any amendments of the aforementioned Parking and Business Area Law of 1979 which may be enacted after the date of this chapter.

(`83 Code, § 5.36.010) (Ord. 99-09 § 1, 1999)

The purpose and intent of the Monrovia City Council and the businesses lying within the Business Improvement District are as follows:

(A) To advance and achieve the goals and objectives of the Monrovia Old Town Advisory Board, as described in this chapter;

(B) To ensure that the activities and expenditures of the Monrovia Old Town Advisory Board, as described in this chapter, are focused on the general promotion of member businesses and events;

(C) To diversify and strengthen the mix of businesses located in the District;

(D) To improve the overall improvement of market conditions in the District.

(`83 Code, § 5.36.020) (Ord. 99-09 § 1, 1999; Ord. 2007-10 § 1, 2007)

All businesses within the Business Improvement District, except those exempted by state law or the Municipal Code, are subject to the charges and assessments imposed by this chapter, which are in addition to the business license tax required by this Title 5. The charges and assessments imposed hereby are in addition to any and all other tax imposed by any other ordinance of the City Council.

(`83 Code, § 5.36.040) (Ord. 99-09 § 1, 1999)

Charges imposed pursuant to this chapter shall be set forth in a resolution of the Monrovia City Council.

(`83 Code, § 5.36.050) (Ord. 99-09 § 1, 1999); Ord. 2007-10 § 4, 2007)

There are no assessments imposed by this chapter for the purpose of obtaining funds to construct physical improvements.

(`83 Code, § 5.36.060) (Ord. 99-09 § 1, 1999)

Charges and assessments imposed by this chapter shall be paid in accordance with the provisions of §§ 3.04.010 through 3.04.030 of this code in the same manner and at the same time as annual license fees.

(`83 Code, § 5.36.070) (Ord. 99-09 § 1, 1999)

A written statement, on such forms as may be required or furnished by the Business License Officer, shall be filed when the charges and assessments are paid, stating the reported taxable sales for the preceding year, reported under the state sales tax law.

(`83 Code, § 5.36.080) (Ord. 99-09 § 1, 1999)

No person shall fail or refuse to pay any charges and assessments imposed by this chapter, and civil and criminal penalties and interest provided by the City Council shall apply.

(`83 Code, § 5.36.090) (Ord. 99-09 § 1, 1999)

Any business which is exempt from the payment of the charges and assessments imposed by reason of federal, state or local law, or whose place of business is outside of the Business Improvement District, may make a voluntary contribution to the fund established by this chapter for the purposes provided for in this chapter.

(`83 Code, § 5.36.100) (Ord. 99-09 § 1, 1999)

There is created a special fund designated Business Improvement District Fund, into which all revenues derived from charges, assessments, and contributions under this chapter, less the cost of collection, shall be placed, and such funds shall be used only for the purposes specified in § 5.36.020(D).

(`83 Code, § 5.36.110) (Ord. 99-09 § 1, 1999)

For the sole purpose of advising the Mayor and City Council, making recommendations to them on the operation and extent of the area, and the methods and ways in which the revenue derived from the charges, assessments, and contributions imposed or authorized by this chapter might be used within the scope of the purposes set forth in § 5.36.020, and performing such other duties as the City Council may designate, the Old Town Advisory Board (the Board) is hereby established by ordinance of the City Council. The Board shall comply with the noticing and posting provisions set out in Cal. Gov't Code § 54950, et al, commonly referred to as the Ralph M. Brown Act.

(A) Membership. The Board shall be comprised of an odd number of persons, not to exceed seven but no less than five, who operate bona fide businesses located within the Business Improvement District and that are subject to charges and assessments imposed by this chapter. As a condition of appointment and continued membership on the Board, each member shall be current with the payment of charges and assessments imposed by this chapter. At least one member of the Board shall represent the retail business component in the Business Improvement District. At least one member of the Board shall represent the commercial service/professional service business component in the Business Improvement District. At least one member of the Board shall represent a business not located on Myrtle Avenue. The Mayor or his or her designee and one city staff member shall act as ex officio, non-voting members of the Board.

(B) Selection.

(1) Members of the Board shall be appointed by the Mayor with the approval of the City Council in accordance with § 2.46.040.

(2) Members shall serve at the pleasure of the City Council.

(C) Term of office.

(1) (a) The term of office for each Board member shall be two years, commencing on July 1st of the year of appointment and terminating June 30th two years thereafter.

(b) If a vacancy occurs, other than by expiration of the term, the Mayor shall fill the vacancy pursuant to the selection process established in § 2.46.040.

(2) (a) At the end of any member's term, the member may apply for appointment to the Old Town Advisory Board pursuant to the selection process established in § 2.46.040.

(b) Members who apply for re-appointment shall follow the same selection process as new applicants.

(3) (a) The terms of the Board members shall be staggered.

(b) The terms of not more than a majority of the members of the Board shall expire in any one year.

(4) Members of the Old Town Advisory Board shall serve without compensation.

(D) Regular meetings. The Board shall hold at least 12 regular meetings each year. Until such time as otherwise fixed by resolution of the Board, the place of meeting of the Board shall be the Monrovia Community Center, and the time of such meetings shall be the Tuesday of each month at the hour of 7:30 p.m. Though the meetings shall be open to the public, the Board shall not be required to solicit public comment.

(E) Special meetings. Special meetings may be called at any time by the Mayor or his or her designee, the Chairperson of the Board, or any three members of the Board. Written notice for such special meeting, including an agenda, must be served upon each member of the Board and posted at City Hall, as well as the designated meeting place of the Board, no later than 24 hours prior to the meeting.

(F) Expenditures. Expenditure of District funds recommended by the Board must have a direct correlation to the purposes of the District, as stated in this chapter. The Board must adopt an annual budget of proposed expenditures no later than 30 days after the beginning of the new fiscal year.

(G) Quarterly reports. The expenditure of District funds shall be detailed in a quarterly report that is submitted to the City Council no later than the fifteenth day following the first day of the new fiscal quarter.

(`83 Code, § 5.36.120) (Ord. 99-09 § 1, 1999; Ord. 2000-02 § 1, 2000; Ord. 2000-28 § 1, 2000; Ord. 2001-24 § 1, 2002; Ord. 2003-14 §§ 9,10, 2003; Ord. 2007-10 § 5, 2007; Ord. 2021-03 §§ 1, 2, 2021)