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F :\atty\m uni\laws\mjm\amend272 .doc
City Council Meeting 2-22-05
Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: An Ordinance Amending Chapter 2.72 of the Santa Monica Municipal
Code Relating to Fees for Municipal Services and Payments to the City for
the Private Commercial Use of Public Property
Introduction
The attached, proposed ordinance would amend the administrative provisions of the
Municipal Code relating to fees for services and payments to the City for the private
commercial use of public property. Legal staff recommends that the Council introduce
the ordinance for first reading in order to clarify the authority to impose and collect such
charges.
Backqround
In 2003, the City Council amended Chapter 2.72 of the Municipal Code to expressly
authorize fees for the private commercial use of public property. At present, private
groups use City property for various purposes including filming, entertainment and
advertising, among other things. These uses occur in various places but tend to be
concentrated in the Downtown area. Commercial use of public property on the Pier and
Third Street Promenade is administered by the Pier Restoration Corporation ("PRC")
and the Bayside District Corporation ("BDC") respectively. However, the legal authority
for some payments collected by the City and the PRC and BDC for commercial use of
public property is implicit and therefore possibly unclear.
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FEB 2 2 2005
Discussion
The attached, proposed ordinance would clarify the authority of the City and its
designees to require and collect fees and charges for the private commercial use of
public property, The ordinance is not intended to change existing practices; instead, it
would insulate the City and the BDC and PRC from legal challenges by providing
express authority. The amount of particular fees and charges would have to be
approved by the Council unless any delegation is legally permitted and approved by the
Council.
Financial/Budqet Impact
The proposed ordinance would have no direct financial impact; it is merely enabling
legislation.
Recommendation
It is respectfully recommended that the accompanying ordinance be introduced for first
reading.
PREPARED BY:
ATTACHMENT:
Marsha Jones Moutrie, City Attorney
Proposed Ordinance
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F:\atty\muni\laws\mjm\amend272-1.doc
City Council Meeting 2-22-05
Santa Monica, California
(CCS)
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 2.72 OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO FEES FOR MUNICIPAL SERVICES AND PAYMENTS TO THE
CITY FOR THE PRIVATE COMMERCIAL USE OF PUBLIC PROPERTY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.72 of the Santa Monica Municipal Code Section is
hereby amended to read as follows:
Chapter 2.72
Fees for Municipal Services
Section 2.72.010. Fees for services and use of
public property.
The City may establish and set the amount of user
fees or fees for services which are provided to or benefit
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particular individuals rather than the general public. Such
fees may include, but shall not be limited to, fees for
recreation, youth and sports programs, fees for any private
commercial use of public property, and fees for systematic
inspections and enforcement to ensure compliance with
health and safety requirements and permit conditions on
private property. Additionally. the City may establish and set
the amount of fees or charaes for the private commercial use
of public property.
Section 2.72.020. Method of setting fees.
A user fee~ Gf-fee for services. or charae for the
commercial use of public property may be set by ordinance,
by a resolution adopted by the City Council, or by any other
means authorized by law.
Section 2.72.030. Responsibility for payment.
Any'person who is chorged required by the City to
~a user fee~ Gf-fee for services. or charae for the
commercial use of public property by tho City shall pay that
fee to the City or its desianee as soon as it becomes due.
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Section 2.72.040. Remedies.
The City may collect any user fee.1 ef-fee for services.1
or charqe for the commercial use of public property which is
due and owing through a civil action. However, this express
statement of the City's power to pursue a civil remedy does
not constitute and shall not be construed as a limitation upon
any power to institute criminal proceedings.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
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SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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