Monterey Municipal Code Art. 4 Monterey Downtown Promotion District

This chapter is adopted pursuant to the Resolution of Intention No. 12,295 C.S. adopted on April 23, 1974. (Ord. 3680 § 3, 2024; Ord. 1953 § 1, 1974)

Pursuant to said Resolution of Intention, a public hearing was held, protests heard and evidence taken for and against the formation of said proposed Monterey Downtown Promotion District on May 7, 1974, at 8:00 p.m. in the Council Chambers, Few Memorial Hall of Records, City Hall, Monterey. All of said protests are hereby overruled. (Ord. 3680 § 3, 2024; Ord. 1953 § 2, 1974)

A parking and business improvement area to be known as the Monterey Downtown Promotion District is hereby established in accordance with Streets and Highways Code Sections 36000 et seq. and the provisions of this chapter. (Ord. 3680 § 3, 2024; Ord. 1953 § 3, 1974)

The boundaries of said Monterey Downtown Promotion District are:

Bounded on the north by the northerlymost boundary of the Urban Renewal area, running southerly to Franklin Street including all property fronting on Pacific Street, then southerly to Jefferson Street including all property fronting on Pierce Street, then southerly to Madison Street including all property fronting on Dutra Street, then easterly following the southside of Madison Street to the east boundary of the property housing the City Public Library, then southeast from that point to Cass Street including all property fronting on Hartnell Street, excluding Parcel No. 1-591-52, then east to exclude property having frontage on Sargent Court to a point to the rear of property fronting on the east side of Cass Street, then north to include all property fronting on Cass Street then east to the rear of properties fronting on Webster Street, then south to include all property fronting on Munras Avenue to a point where it intersects the extension of the south side of Fremont Street, then east to include all property fronting on Fremont Street to the southeast corner of the property at the southeast corner of Fremont and Abrego, then northerly to Pearl Street to include all property fronting on Abrego Street, then northerly to a point where it intersects with the Southern Pacific right-of-way including all property fronting on Washington Street, then northwest following the Urban Renewal boundary to the Point of Beginning.

(Ord. 3680 § 3, 2024; Ord. 1953 § 4, 1974)

All business licensees in the District shall be subject to an annual tax in the amount equivalent to twenty-five percent (25%) of the annual business license tax levied for any one business notwithstanding the fact that one business may have more than one license issued under separate classifications. A schedule establishing an equitable amount for businesses which are lawfully exempt from business license taxation shall be established by the City Council. Said businesses shall be requested to voluntarily make contributions to the District in said amounts. (Ord. 3680 § 3, 2024; Ord. 2223 § 1, 1978; Ord. 1953 § 5, 1974)

Revenues collected pursuant to this chapter may be used only for the following purposes:

a.Decoration of any public place in the area.

b.Promotion of public events within the area.

c.Furnishing of music in any public place in the area.

d.The general promotion of business activities in the area. (Ord. 3680 § 3, 2024; Ord. 1953 § 6, 1974)

The tax imposed by Section 18-4.04 shall be applicable to business license taxes due on and after July 1, 1978. (Ord. 3680 § 3, 2024; Ord. 2223 § 2, 1978)

a.The Old Monterey Business Association (the “Association”) is appointed, pursuant to Streets and Highways Code Section 36003, as the Advisory Board to make recommendations to the City Council as to the use of the funds of the Monterey Downtown Promotion District, and to expend such funds in compliance with the adopted budget for such District.

b.The Advisory Board may recommend to the City Council, at the time it submits its proposed budget pursuant to Section 18-4.08, an amount of voluntary contribution that may be requested from businesses that do not pay the tax. Upon approval by the City Council, the Advisory Board is authorized to solicit those voluntary contributions.

c.When the Association takes action that requires a vote of its members, businesses that voluntarily pay the dues, as established by the Association from time to time, shall have equal voting rights with the businesses that are members of the Association by virtue of paying the business license tax levied on behalf of the District. The Association may also establish, from time to time, one or more classes of nonvoting members for businesses located outside the geographic boundary of the District. (Ord. 3680 § 4, 2024)

a.Annually, but not later than May 1 of each year, the Advisory Board shall submit a budget to the City Council for approval that shows the anticipated revenues and expenditures for the ensuing fiscal year beginning July 1 and ending June 30.

b.Annually, but not later than September 30 of each year, the Advisory Board shall submit a report to the Finance Director of the City of Monterey that shows how the revenues for the prior fiscal year were spent.

c.The Finance Director is authorized and directed to establish such rules and procedures as necessary or desirable to ensure that the funds of the District are lawfully expended and to audit the expenditure of such funds whenever the Finance Director should determine that an audit is necessary or desirable. (Ord. 3680 § 5, 2024)