HomeMy WebLinkAboutORD 802ORD 802 pT3 (Ìì Ò RF?RST Rr/.r-;,-
SECOND R^
ORIDNANCE NO. 802
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK ESTABLISHING A PARKING AND
BUSINESS IMPROVEMENT AREA NO. 1.
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. That the City Council of the City of Baldwin Park
hereby finds, determines and declares as follows:
a) That pursuant to Part 6, Division 18, Section 36500
et seq. of the Streets and Highway Code of the State
of California, the City Council adopted, on September
5, 1979, that certain Resolution of Intention being
Resolution No. 79-90, dated September 5, 1979, entitled
A Resolution of Intention of the City Council of the
City of Baldwin Park to Establish a Parking and Business
Improvement Area in the City of Baldwin Park", and
caused said resolution to be duly published and mailed
as provided by law.
b) That a public hearing concerning the formation of said
Parking and Business Improvement Area hereinafter Area")
was held on October 3, 1979, at the hour of 7:30 p.m.
in the Council Chambers of the City of Baldwin Park.
c) A description of the Area boundaries is as shown on
Exhibit A" and a map depicting the boundary is as shown
on Exhibit B"; said exhibits are attached hereto and
incorporated herein by this reference.
d) The description of the system of assessments or charges
is set forth on Exhibit C", attached hereto and
incorporated herein by this reference.
e) The proposed use of the revenue derived will be for:
1) the acquisition, construction, or maintenance of
parking;
2) decoration of any public place in the area;
3) promotion of public events which are to take place or
in public places in the area;
4) furnishing of music in any public place in the area;
5) the general promotion of business activities in the
area;
f) That at said hearing, all written and oral protests made or
filed were duly heard, evidence for and against the proposed
action was received, and a full, fair and complete hearing
was granted and held.
g) That all protests, both written and oral were duly overruled
and it was determined by the Council that there was no
majority protests within the meaning of said Streets and
Highways Code Sections 36000 et seq.
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ORD 802 pT3 (Ìì Ò ROrdinance No. 802
Page 2
h) That the public interest, convenience and necessity
require the establishment of the proposed Parking and
Business Improvement Area.
i) That the businesses tying within the Parking and Business
Improvement Area will benefit by the expenditures of funds
raised by the assessment or charge as contemplated by
said Section 36500 et seq.
j) The businesses within the Area shall be subject to any
amendments to said Section 36500 et seq,
SECTION 2. A parking and business improvement Area denoted as
the Parking and Business Improvement Area No. 1, be, and hereby is,
established. The boundaries of said Area are depicted and described on
Exhibits A and B hereto; the system of assessments and charges to be
imposed upon businesses located now or hereafter, in the Area shall be
as set forth on Exhibit C" attached hereto and shall be effective
January 1, 1980.
SECTION 3. If any section, sentence, clause or phrase of this
ordinance is, for any reason, held by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of
Baldwin Park hereby declares that it would have passed and does hereby
pass this section and each sentence, section, clause and phrase hereof,
irrespective of the fact that any one or more sections, sentences,
clauses, or phrases be declared invalid or unconstitutional.
SECTION 4. That the City Clerk shall certify to the adoption of
this ordinance and cause the same to be published in the manner prescribed
by law.
PASSED AND APPROVED this 17th day of Ootob^r, 1979.
ATTEST:
s^^^iS^'^
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park
do hereby certify that the foregoing Ordiannce No. 802 was regularly
introduced and placed upon its first reading at a regular meeting of the
City Council on the 3rd day of October, 1979. That, thereafter, said
ordinance was duly adopted and passed at a regular meeting on the 17th
day of October, 1979, by the following vote:
AYES: COUNCILMEN Aguilar, Izell, McNeilland Mayor White________
NOES: COUNCILMEN
ABSENT: COUNCILMEN King
THELMA L. BALKUS, CITY CLERK
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ORD 802 pT3 (Ìì Ò RRes. No. 79-90
Ord. No. 802
EXHIBIT A1
Commencing at the Centerline intersection of Pacific Avenue and Stichman
Avenue, thence North Easterly along the Center!ine of Stichman Avenue to
the South Easterly prolongation of the line between Lots 1 and 28 tract
8705, B110, P47 Los Angeles County, thence North Westerly along said line
to its intersection with the Centerline of Vineland Avenue, thence South
Westerly along said Centerline to the Prolongation of the South Westerly
Line of Alley Tract 6028, B76, P80 Los Angeles County, thence North Westerly
along said line to it's intersection with the Centerline of Downing Street,
thence North Easterly along said Centerline to prolongation of the South
line of 20' Alley Tract 94, B13, P85 Los Angeles County, thence Westerly
along said line to Westerly boundry of said tract 94, MB 13-85, thence
South along said tract line to the South line of Lot A Tract 2517. B24,
P66 Los Angeles County, thence Westerly said line and its prolongation to
the Westerly line of Bogart Avenue, thence Southerly along said West line
to the Southerly line of 15' Alley Tract 2517, B24, P66 Los Angeles County,
thence Westerly along said Southerly line of Alley to Westerly line Tract
2517, B24, P66 LcsAngeles County, thence Southerly along said tract line to
the North East Corner of Lot 22 Shultis Tract B13, P170 Los Angeles County,
thence North Westerly along the Northerly line of said Shultis Tract to
the Southerly prolongation of the Easterly line of Lot 14 Tract 12526, B262
P10 Los Angeles County, thence Northerly along said Easterly line of Lot 14
and its prolongation to the Northerly line of Ina Street, thence Westerly
along the Northerly line of Ina Street to the South East Corner of Lot 13
Tract 12526, thence Northerly along the Easterly line of Lot 3 to the North-
erly line of said Tract 12526, thence continuing N 00° 00' 15" E 50 feet,
thence S890 48 15 E 13.33 feet, thence N 00° 00' 15" E 296.08 feet more or
less to the Southerly line of Tract 3007, B31, P8 Los Angeles County, thence
Westerly to the Westerly line of Alley 15" wide, thence Northerly along said
Westerly line and its prolongation to the Northerly line of dark Street,
thence Westerly along said Northerly line of Clark Street 13.68 feet, thence
Northerly and parallel to Centerline of Maine Avenue to the Northerly line
of Los Angeles Street, thence Easterly along the Northerly line of Los Angeles
Street 127.68 feet, thence N 0° 32' 00" E and parallel to the Centerline of
Maine Avenue to the Southerly line of Tract 14632, B371, P28 Los Angeles
County, thence Westerly along said Tract tine to the South West Corner of Lot
55. thence N 0° 12 00' W 111.85 feet to the Southerly line of Rockenbach
Street, thence S89 16 47 W 7 feet to the Westerly line of Maupin Street,
thence N 0° 12 00 W 16'" el to the South East Corner of Lot 24 Tract 14632,
thence S89 16 47W 273'more or less to the Centerline of Maine Avenue, thence
Southerly along said enterline of Maine Avenue to Prolongation of Lot 17
Revised Map of Vineland of Azusa MB 42-52 and the Northerly line of Tract
4802 MB 54-14, thence Westerly along said line 180 feet, thence Southerly and
parallel to the Centerline of Maine Avenue to the Northerly line of tract
3179 MB 32-93 Los Angeles County, thence Westerly to the North West Corner
of said Tract 3179, thence Southerly along the Westerly line of said tract
to the Northerly line of Clark Street, thence Westerly along the Northerly line
of Clark Street 265.02 feet, thence Southerly and parallel to the Centerline
of Maine Avenue 520 feet to the Northerly line of Tract 2102 MB 22-18 Los
Angeles County, thence Easterly along said Northerly line of tract 2102 22.4
feet and to the North Easterly Corner of Lot 10 Tract 2102, thence Southerly
along the Easterly line of Lot 10 to the Northerly line of Palm Avenue, thence
Easterly along the Northerly line of Palm Avenue 226 feet to the Westerly line
of Lot C, thence Southerly along said Westerly line of Lot C to the Southerly
line of Morgan Street, thence Easterly to Westerly line of Alley 20' wide
thence Southerly 200 to a curve concave to the North West through a central
angle of 53° 25 39 and a radius of 23.97 feet, thence South Westerly along
the Northerly line of said Alley to its intersection with the Centerline of
Robin Avenue, thence South Easterly along the Centerline of Robin Avenue
to the intersection with the Centerline of Ramona Blvd. thence South Westerly
along the Centerline of Ramona Blvd. to the intersection of Baldwin Park
Blvd. thence along the Centerline of Baldwin Park Blvd. to Prolongation of
the Northerly line of Tract 17496 MB 618-13 Los Angeles County, thence West-
erly along the Northerly line of Tract 17496 to Easterly line of La Rica Avenue
thence Southerly along the Easterly line of La Rica Avenue and its prolonga-
tion to the Southerly line of Ramona Blvd. thence South Westerly along the
Southerly line of Ramona Blvd. to the North Easterly line of Bresee Avenue
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ORD 802 pT3 (Ìì Ò RRes. No. 79-90
Page 2
Exhibit A"
Ord. No. 802
thence South Easterly along the North Easterly of Bresee Ave 105 feet,
thence North Easterly and parallel with the Southerly line of Ramona Blvd.
150 feet, thence South Easterly and parallel to Bresee Avenue 60 feet,
thence North Easterly and parallel to Ramona Blvd. 150 feet, thence South
Easterly and parallel to Bresee Ave 307 feet, thence North Easterly and
parallelto Ramona Blvd. 300 feet to the South Westerly line of Stewart
Avenue, thence North Westerly along the South Westerly line of Stewart Avenue
to the prolongation of the North Westerly line of Lot 5 Tract 6164 MB 64-93
Los Angeles County, thence along said line N 75 12 40 E 360 feet to the
South Westerly line of Tract 4973 MB 53-7, thence S14 47 20 E to the South
Westerly Corner of said Tract 4973, thence N 75 12 40 E along the South
Easterly line of said Tract 4973 and its prolongation to the North Easterly
line of La Rica Avenue, thence N 14 47 20 W to a point that is distant 229.04
from the Center'1 ine of Ramona Blvd. thence N 75° 12' 47" E 149.97 feet,
thence S 14 47 20 E 19.47 feet, thence N 41 53 08 E 129.65 feet, thence
S 48 06 52 E 100.00 feet, thence N 41 53 08 E 87.73 feet, thence along a
curve concave to the South West with a central angle of 00 24' 06" and a
radius of 450 feet 3.15 feet, thence N 75° 18 48" E 50 feet to the Center!ine
of Baldwin Park Blvd. thence on a curve concave to the South West and having
a central angel of 10° 53' 03" and a radius of 500 feet 95.08 feet to the inter-
section with Sterling Way, thence North Easterly along the Center'1 ine of Ster-
ling Way to Curve Concave to the North West having a central angle of 45° 00' 08"
and a radius of 140 feet 109.96 teeth thence North Easterly along said Center-
line to the prolongation of the North Easterly line of Lot 49 Tract 899 MB 6-104
thence South Easterly 180 feet to the South Easterly Corner of Lot 49, thence
North Easterly along the North Westerly line of Lots 62 and 63 to the most
Westerly Corner of Lot 64, thence South Easterly along the line between lots
63 and 64 Tract 899 and its prolongation to the Southerly line of Maine Avenue,
thence South Westerly along said Southerly line to the North Easterly line of
Adoue Place, thence South Easterly along said line 170 feet, thence N 41 53 E
to the South Westerly line of Lot 76 Tract 899, thence South Easterly along
said line to the South Easterly Corner of Lot 76, thence North Easterly along
the Northerly line of the Southern Pacific Rail Road Right of Way to the pro-
longation of the line between lots 31 and 32 Tract 5477 MB 59-52 Los Angeles
County, thence South Easterly along said line to the Northerly line of Lot 130
Tract 962 MB 74-75 Los Angeles County, thence North Easterly along said line
55 feet, thence South Easterly and parallel to the Centerline of Pacific Avenue
224.34 feet, thence S 41 54 W 10 feet, thence South Easterly and parallel to
Pacific Avenue to the Northerly line of the Big Dalton Wash, thence North East-
erly to the intersection of said line and the Centerline of Pacific Avenue,
thence along the Centerline of Pacific Avenue to the point of beginning.
Pacific Avenue and Stichman)
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ORD 802 pT3 (Ìì Ò R
EXHIBIT B
Scale 1=1200
Resolution No. 79-90
Ordinance No. 802
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ORD 802 pT3 (Ìì Ò ROrdinance No. 802
Page 4
CLASS D CONTINUED)
Barber shops
Bars
Book stores
Beauty shops
Cafes
Cleaners and cleaners agents
and agencies
Clothing stores
Department stores
Employment agencies
Flower shops
Food stores
Furniture stores
Glass shops
Gift shops
Hardware stores
Laundromats and self-service
laundries and cleaners
Laundry agents and agencies
Liquor stores
Locksmith operators
Massage parlors
Newspaper publishers
Personal and real estate loan
agents and agencies
Paint stores and sales
Pawn shops
Pet shops
Pharmacy
Photo studios
Retail drug store
Radio and television operations
Rental/Leasing companies
Restaurants
Second hand dealers and stores
Service stations
Shoe stores
Shoe repair shops
Tailors
Theatres
Toy stores
Trade schools
Trading stamp agencies
and redemption centers
All other business involving
retail sales, and/or similar
in use to the above.
a) Businesses subject to assessment or charge. All businesses within
Parking and Business Improvement Area No. 1, except those exempt by
law, are subject to the assessment or charge imposed by this ordinance
b) Special Business License Assessment or Charge. There is hereby
imposed on all businesses within the Parking and Business Improvement
Area No. 1, a special business license assessment or charge, in
addition to the business license tax required by the Municipal Code.
c) Payment of Assessment or Charge. The additional assessment or charge
hereby levied, shall be due and payable and shall be paid at the same
time and in the same manner that the business license imposed by the
City Code is due and payable.
d) Multiple Businesses. Businesses which are combinations of two or more
of the above classes. The highest assessment or charge of any one
business taken individually shall be the additional assessment or
charge.
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ORD 802 pT3 (Ìì Ò ROrdinance No. 802
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e) Payment Prerequisite to License. No business license shall be issued
pursuant to this municipal code unless the additional business
license assessment or charge imposed by this ordinance is paid
together with the business license payable pursuant to City Code.
f) Refusal to Pay Assessment or Charge. No person shall fail or refuse
to pay the additional business license assessment or charge imposed
by this ordinance.
g) Voluntary Contribution. Any business which is exempt from the
payment of the assessment or charge by reason of the provision of
the Constitution of the United States or the State of California,
or whose place of business is outside of the Parking and Business
Improvement Area, may make voluntary contribution to said business
improvement area for the purposes provided in this ordinance.
h) Statement of Assessment or Charge Due. A written statement, on such
forms as may be required or furnished by the City Manager, shall be
filed when the assessment or charge is paid.
i) Assessment or Charge Penalty Waiver. There shall be no assessment or
charge fee penalty for any business which is overdue for payment of a
business license.
j) Assessment or Charge Transferability. There shall be no additional
assessment or charge for any business which transfers the same business
to any location within the improvement area.
k) Exemptions for Businesses per Section 4030 x) of the Municipal Code:
No business paying a business license tax in accordance with Section
4030 x) of the Municipal Code shall pay an assessment or charge as
described in this ordinance.
1) New Businesses Assessment or Charge Exemption: Any proposed business
may file for an exemption of the assessment or charge fee. The procedure
for such waiver shall be established by resolution of the City Council.
m) Fund. There is created a special fund designated as Parking and
Business Improvement Area No. 1 Fund" into which all revenues derived
from assessments or charges and contributions under this ordinance,
shall be placed and such funds shall be used only for the purposes
specified in this ordinance.
n) Expenditures. The City Council shall annually approve a budget to
include an estimate of expenditures to be made from the Parking and
Business Improvement Area No. 1 Fund to carry out the purposes of this
ordinance.
0) City Council Advisory Committee. For the purpose of advising the 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 levy of the special business license assessment or charge imposed
by this ordinance might be used, and performing such other powers and
duties as the City Council may determine, a City Council Advisory
Committee shall be established by Resolution of the City Council.
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