SR-8-C (6)
RLK:SSS:mc
Councll I1tg.
0.3-79
Santa M4Itca, Callfornla
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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An ordlnance, however, can only be repealed by the enactment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
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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