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ORDINANCE 1220ORDINANCE NO. 1220 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING CHAPTER 3.06 ENTITLED BUSINESS ATTRACTION PROGRAM AND AMENDING SECTION 5.08.020 ESTABLISHING BUSINESS LICENSE TAX CREDITS FOR THE BUSINESS RETENTION PROGRAM TO THE EL SEGUNDO MUNICIPAL CODE WHEREAS, the City of E1 Segundo desires to create, maintain and implement a business climate that fosters a strong economic community in the City; and WHEREAS, the City desires to establish competitive advantages for business expansion and relocations in the City; and WHEREAS, the City desires to create an incentive program for businesses to facilitate business retention and attraction in the City. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.06 is hereby added to the E1 Segundo Municipal Code to read as follows: "CHAPTER 3.06 - BUSINESS ATTRACTION PROGRAM 3.06.010 TITLE This chapter shall be known as the Business Attraction Program of the City. 3.06.020 PURPOSE This chapter sets forth a mechanism for establishing finan- cial incentives to businesses to facilitate business attraction in the City. 1 3.06.040 BUSINESS LICENSE TAX CREDIT. (a) Any business which increases the amount of sales and use tax revenue received by the City from the business or its activities above its baseline, as defined hereunder, shall receive a credit to its business license tax equal to the dollar amount of the increase above the baseline. The amount of busi- ness license tax credit shall be determined annually and is subject to approval by the city manager. Said credit shall be applied to the business license tax owed in the next fiscal year only; provided, that, in no event, shall the credit exceed the amount of business license tax owed. (b) For the purposes of this section, the "baseline" for a business shall be determined as follows. For each fiscal year, the baseline shall be equal to the amount of sales and use tax and business license tax revenue projected to be generated for the City as calculated from projections based on the business plan submitted by the business to the City. (c) A business may only be granted business license tax credits under this section for the first three years that the business operates in the City or such longer term as determined pursuant to subsection (c) of Section 3.06.030. A business is not eligible to receive any business license tax credits based on sales and use tax revenue established under Title 5 of this Code while the business is receiving a business license tax credit under this section. 3.06.050 TRANSIENT OCCUPANCY TAX CREDIT The City Manager, or his or her designee, is hereby autho- rized to negotiate and approve a tax credit agreement which grants to a new hotel business a credit on the transient occupan- cy tax imposed by the City for a period not to exceed three years following the date of the agreement or such longer term as determined pursuant to subsection (c) of Section 3.06.030. The 3 (c) For the purposes of this section, "planning and /or 0 building fees" is defined as any or all of the fees imposed by the City under the Zoning, Subdivision, Building, Electric, Plumbing, and Mechanical Codes of the City." SECTION 2. Subsection (e) is hereby added to Section 5.08.020 of Chapter 5.08 of Title 5 of the E1 Segundo Municipal Code to read as follows: "(e) Notwithstanding the foregoing, a business which increases the amount of sales and use tax revenue received by the City from the business or its activities above its baseline, as defined hereunder, shall receive a credit to the business license tax imposed under this chapter equal to the dollar amount of the increase above the baseline. The amount of business license tax 0 credit shall be determined annually and is subject to approval by the city manager. Said credit shall be applied to the business license tax owed in the next fiscal year only; provided, that, in no event, shall the credit exceed the amount of business license tax owed. (1) For the purposes of this subsection, the "base- line" for a business shall be calculated as follows: (i) For the first fiscal year in which a credit is granted, the "baseline" shall equal the sum of sales and use tax received by the City from the business and its activities and the business license tax imposed by the City in the prior fiscal 0 year. (ii) For each subsequent fiscal year, the base- line amount established under subsection (i) above shall be recalculated as follows. The sales and use tax component of the base line shall be adjusted to reflect any increase from the prior fiscal year in the consumer price index as established in 5 SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. PASSED, APPROVED, AND ADOPTED this 5th day of April 1994. v Carl acobs , Mayor City of E1 Segundo, California ATTESTED: C' dy Mo sen, City Clerk (SEAL) APPROVED AS TO FORM: Leland C. Do y, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF EL SEGUNDO ) I, Cindy Mortesen , City Clerk of the City of El Segundo, do hereby certify that the foregoing Ordinance No. 1220 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 15th day of March, 1994. That thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 5th day of April , 1994, by the following vote, to wit: AYES: Mayor Jacobson, Mayor ProTem Wise, Councilman West, Councilman Switz, and Councilman Robbins. NOES: NONE ABSENT: NONE Cind y 'Mortesqffi, City Clerk (SEAL) 7