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SR-8-C (6) RLK:SSS:mc Councll I1tg. 0.3-79 Santa M4Itca, Callfornla -, Jc" TO: Hayar and Clty Cauncll FROM: Clty Attorney MAR 1 3 1979 SUBJECT: Llmlt on Pler Leases Introduction ThlS report transmlts an ardlnance amendlng the Santa Honlca Hunlclpal Code to provlde that no person may hold or have any lnterest ln more than three (3) leases on the Santa Honlca Pler. Back9round At lts meetlng of February 13, 1979, the Clty Cauncll dlrected the Clty Attorney to prepare a doc~ent that effectlvely llI'llts to three (3) the nu~ber of Pler Leases or lnterests In leases that a person may hold. The Clty Councll was advised at the meetlng that thlS could be accompllshed by resolutlon. On reflectlon, It lS suggested that the limltatlon be accompllshed by ordlnance. A resolution of limltatlon could be avolded by another resolutlon passed at the sa~e tlme a future Counell mlght approve a fourth lease for an eXlstlng lessee. An ordlnance, however, can only be repealed by the enactment of a subsequent ordlnance, whlcn would require a publlC hearlng and two (2) Councll meetlngs. The attached ordlnance carrles out the deslres of the Councll by addlng a new Sectlon 10243 to Artlcle X, Chapter 2 of the Santa Monlca l1unlclpal Code. It slP1ply provldes that Iv MAR 1 3 '970 RLK:SSS:mc Counc1l Htg. 0.3-79 Santa M~ca, Cal1forn1a no "person," a terM that under Sect10n 1314 of the Code lncludes entlt1es as well as human belngs, may hold or have any lnterest 1n more than three Pler Leases. The ord1nance does not apply to persons ;lOld lng more than three lease at the tlme of 1 ts enactmen t. Alternatlve Solutlons The C1ty Councll may adopt or reJect this ord1nance, or may dlrect tile Clty Attorney to draft a resolutlon of lntent. Recomr.1endatlons It 15 respectfully recoMMended that the Councll adopt the attached ordinance for introduct1on and f1rst readlng. Prepared By: Rlchard L. Knlckerbocker, Clty Attorney Stephen Shane Stark, Assistant Clty Attorney -2- . . . j TO: Seymour A. Cohen, Mayor Pro Tern FROM: Clty Attorney SUBJECT: Amendments to Pler Lease Llffiltatlon Ordlnance Amendment 1. Relat1ves Count Toward Llmlt For purposes of thlS sectlon, a person has an lnterest 1n a lease lf the person, or hlS or her spouse, parent, Chlld, brother, or slster, lS named as lessee or holds any share ln an entlty named as or controlllng a lessee. Amendment 2. P1er Lessee's Assoclatlon; Inappllcabillty An organlzatlon composed excluslvely or predomlnantly of p1er lessees and formed for the prlmary purpose of promotlng the lnterests of buslnesses at the pler, may hold or have an interest In pler leases to the same extent as other persons. Membershlp ln such a p1er lessee's aSsoclatlon shall not be counted as an lnterest In a pler lease aga1nst the llmltat10n lmposed on any lnd1v1dual aSSoclatlon member. Prepared by: Rlchard L. Knlckerbocker, Clty Attorney Stephen Shane Stark, ASslstant Clty Attorney