SR-6-D3
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CA RLX:SSS:me 03-2.9 Santa .nca,
, eouncll Mtg. Californla
TO: Mayor and Clty Councll 6 D..3
MAR 2 7 lS79
FRoz,1: Clty Attorney o A <1-t"-] 4-nt'.C_ JJ 11/1 ad.: pllFi
SUBJSCT: Llmit on Pler Leases (~-n...:f .'f (4~(~__"t/{M
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Introductlon
Thl-s report transmlts for second readlng and adoptlon
an ordlnance a~endlng the munlclpal code to provlde that no person
may hold or have any lnterest In more than three ( 3) leases on the
Santa [1onlca Hunlclpal Pler.
Backg-round
At lts meetlng of February 13, 1979, the C1ty Councll
dlrected the Clty Attorney to prepare a document that effect1vely
llm1ts to three (3) the number of P1er Leases or lnterests In leases
that a person may hold. At lts March 13, 1979 meetlng, the Councll
consldered an ordlnance prepared by the Clty Attorney. ThlS or-
dlnance, as amended In two respects, was lntroduced by the Councll.
The flrst amendment provldes that lease lnterests held by
spouses, parents, chlldren, or brothers or slsters of lessees are
to be counted 1n calculat1ng whether a person has reached the three
lease llm1t.
The second amendment concerns pler lessees associat1ons.
An assoc1at1on formed for the purpose of promot1ng the lnterests
of p1er buslnesses and composed exclus1vely or predomlnately of
p1er lessees may hold up to three ( 3) leases. The 1nterests of
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MAR 2 7 '979
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. CA RLK:SSS:mc 03-2.9 Santa alca,
. Councll Htg. Callfornia
lndlvldual lessees In such assoclatlon leases do not count toward
the three ( 3) lease llmlt on the indlvldual lessees. The staff
has taken the llberty of maklng mlnor grammatlcal changes In thlS
amendment, wlthout ln any way alterlng lts meanlng.
A copy of the staff report submltted at the Harch 13, 1979
meetlng, lS attached together wlth the proposed ordlnance In lts
amended form.
Alternatlve Solutlons
None applicable.
Reconunendatlons
It is respectfully that the Clty Councll read and adopt
the attached ordlnance.
Prepared By: Rlchard L. Knlckerbocker, Cl ty l\ttorney
Stephen Shane Stark, Assistant Clty Attorney
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. . ~;A RLK: ~SS: mc 03-2.9 Callfornia
Councll Htg. saw !10nlca,
ORDINA:';C:C NO. 11l9~CCS)
(Clty Councll Serles)
AN ORDINk~CE OF THE CITY COUNCIL OF
THE CITY OF SA~JTA BONICA ADDING SECTION
10243 TO THE SANTA MONICA Mv~ICIPAL
CODE, LIMITI~~G THE PEIUnS SIBLE Nm1BER
OF LEASEHOLD EJTE RESTS ON THE SANTA
}10NICA PIER.
WHEREAS, the Clty Councll flOds and declares that the
publlC welfare wlll be served by the malotenance of a dlverslty of
ownershlp lnterests In bUSlnesses on the Santa MOOlca ?leri
THE CITY COUNCIL OF THr: CITY OF SANTA f10NICA ORDAIHS
AS FOLLmlS:
SECTION l. Sectlon 10243 lS added to Artlcle x, Chapter
2 of the Santa Monlca Munlclpal Code, to read as follmls:
SECTIOH 10243. LnlIT ON INTEREST IN PIER LEASES.
No person shall hold or have any lnterest In more than
three ( 3) l1unlclpal Pler Leases. For purposes of thlS Sectlon, a
person has an lnterest ln a lease lf the person, or hlS or her
spouse, parent, chlld, brother or slster, lS named as less~e or holds
any share 1n an entlty named as, controlllng, or subsidlary to a
lessee.
An organlzatlon composed excluslvely or predoffilnantly of
pler lessees and formed for the prlmary purpose of promotlng the
lnterests of buslnesses at the Pler, may hold or have an lnterest 1n
___"-"1. "'~.Ll. 0; ,.JIJU;; .LU'-
. Council Htg. 03-27_ Santa !-1.ca, Californla
pler leases to the same extent as other persons. Such pler lessees'
associat1on leases shall not be counted aga1nst the llm1tat1on lmposed
on any indiv1dual associatlon me~~er.
This Section shall not apply to persons holdlng or haV1TIg
an Lnterest In more than three ( 3) pLer leases at the t1rne of adop-
tion of thlS ord1nanCej prav1ded, however, that such persons shall not
acqulre any lnterests 1D addltional p1er leases unless and until they
hold or have an 1nterest 111 no more than two (2) of thelr eX1st1ng
leaseholds.
SECTION 2. If any sectlon, subsectlon, sentence, clause or
phrase of tIUS ordlnance 1S for any reason held to be 1nval1d or un-
constitutlonal by a deClslon of any court of competent Jurlsdlct1on,
such declS10n shall not affect the vallc1ty of the remalning portlons
of the ordlnance. The C1ty Council hereby declares that lt would have
passed this ordlnance and each and every seetlon, subsectlon, sentence,
clause or phrase not declared invalld or uncoDst1tutlonal w1thout
regard to whether any partloD of the ord1nance would be subsequently
declared 1nvalld or unconstltutional.
SECTION 3. The Hayor shall slgn and the Clty Clerk shall
attest to the passage of th~s ordLnance. The Clty Clerk shall cause
the same to be publlshed once ln the offLclal newspaper w1th~n f1f-
teen ( 15) days after lts adoptLon. The ord1nance shall become effec-
t1ve after thlrty (30) days from its adoptlon.
ADOPTED and APPROVED thlS Z"'th day of \Iarch , 1979.
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Mayor
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""rt KlJr\: .,.,.,: me
Councll Htg. 03-27-tt san_ :.10nlca, Callfornla
ATTEST:
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\.,./,,[J/-:h-,2.-- ~~&L~'
/~J:fy 'clerk
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AP PROVED AS TO FOm-I:
(2w f JJ!~
~~y Att~r~e; r - - -
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA BONICA )
I do hereby certlfy that the foregolng ordlnance was duly
and regularly lntroduced at a meetlng of the Clty Council on the
13tl, day of 'laTch , 1979; that thereafter the SalG Ordl!1anCe
was duly adopted at a meetlng 0: the Clty Councll on the 2-th day
or }larch , 1979; by the follmV1ng vote of the Counell:
Bal1bYlcK. Cohen. Reed,
AYES: COUNCILHEMBER: Scott, van den SteeTh10Ven,
Mayoy SWInk
NOES: COUNe IU1El"I-BER: ;"-ooe
ABSTAIN: COUi~CILMn1BER : :\one
ABSENT: Cm.j'NCILHE~1BER: TrIves
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, CJrty Clerk
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Agenda Item 8-C; Presented at this time was an ordinance for introductio~
limiting the number of individual leasehold interests on the Santa Monica I
pier, pursuant to Council direction at its meeting held February 13, 1979~
The publlC hearing was opened at 8;33 P.M. by order of Mayor Swink. Ther
being no one present wishing to speak on the subject, the public hearing ,
was closed at 8:34 P.M. by order of Mayor Swink. Mayor Pro Te~pore Cohen
moved to introduce an ordinance entitled; "A~ ORDINA1'JCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADDI~G SECTIO~ 10243 TO THE SA~TA
,MO~IC.':. )lUNICIPAL CODE, LIMITI~G THE PERc\HSSIBLE NUMBER OF LEASEHOLD
INTERESTS ON THE SANTA !>lO;.JICA PIER", readlrrg by title only and waiving
furthe, reading thereof. Second by Councllnember Reed. After discussion,
Mayor Pro Tempore Cohen moved an amendment to include the following section~
in the ordinance: "(1) Relatives Count To""ard Limit. For purposes of I
thlssection, a person has an interest in a lease if the person, or his or I
I her spouse, parent, child, brother, or sister, lS named as lessee or hold~
, any share ln an entity naned as or controlling a lessee; and (2) Pier I
,
! Lessee's Assoclation; inapplicability. An organization composed exclu- ,
; slvely or predominantly of pier lessees and formed for the prlmary purpose
of prOI'lotlng the lnterests of businesses at the pier, may hold or have an i
interest in pier leases to the same extent as other persons. Membership I
! in such a pler lessee's associatlon shall not be counted as an lnterest !
in a pler lease against the llmitation imposed on any individual associa- ,
! tion member." Second by Councilmember Reed. ;
Council Vote: Unanimously a~proved 7-0
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The main motion, as amended, was approved by the follmdng vote:
I Courrcll Vote: Unaniwously approved 7-0
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CITY COUXCIL ~I~UTES - }l!\I{CH 13, 1979