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SR-307-002-02 ... ~santa Manlca, callfornia~arch 21, 1979 3&?-~oZr-;v ~ Mayor and Clty Cauncll TO: } I E PROM: City Staff MAR 2 7 lS79 SUBJECT: A request that Clty Council rescind Resolutlon No. 3748 Ices) WhlCh amended the regulatlons for the adminlstra- tlon of the Clvic Auditorlum. Introductlon ThlS report recommends that Clty Councll resclnd Resolutlon No. 3748 ICCS) which prohibits special retail merchandlse sales at the C1V1C Audltorium. (See Exhibit "A"). Resolution 3579 ICCS) I Sectlon 2 (Policy) would remaln unchanged. (See Exhiblt "B"). Background In June of 1968 the Clty Councll adopted and approved the above resolutlon deslgned to discourage large retall merchandlsing companies frOM conductlnq speclalsales such as parking lot sales and "warehouse" sales, unless they are "lncidental" to a public exhlbit. Recent completion of new and renovated faCllltles ln the Los Angeles area which are 1n dlrect compet1tion wlth the c1vic Aud1tor1um have eroded Santa Monlca's concert revenue. ThlS competltion has not reached its peak as the Auditorlum Buildlng ln downtown Los Angeles, the former home of the Los Angeles Phllharmonlc and C~vic Light Opera, 1S scheduled for renovation th~s year. In recent years special retall sales such as "Starvlng Artlst Sales" have become more and more popular. In the past SlX months the Aud1torlum lost two sales which could have produced over $10,000 liE. MAR 2 7 1979 . . -2- each ~n C~ty revenue, and we have been unable to sol~cit such events wh~ch would bring ln approximately $5,000 per day in revenue to the Clty. Alternatives C~ty Counc~l could rescind or rnalnta~n Resolution 3748 (eeS). Recommendatlon Clty Staff recorn~ends that the Clty Attorney draw a resolution to resclnd Resolution 3478 (CCS). Prepared by: Jeremy Ferris Gary Ferguson e e EXHIBIT "1'." RESOLUTIoN NO, ~?48 (CITY COUNCIL SERIES)' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE REGULATIONS FOR THE ADMINISTRA TlON CF THE CIVIC AUDITORIUM THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE THAT THE REGULATIONS FOR THE ADMINISTRATION 0F THE CIVIC AUDITORIUM SHALL BE AMENDED AS FOLLO".iS: SECTION 1. That Secbon 2 (Polley) of Resolution 3579(CCS) be amended by the addlt10n thereto of subsectIon (c) as follows: (c) It IS the polley of the CIty that the AudItorium l>hall not be rented or let to any person or business entlty for a use which is prImarllya special retal1 merchand1se sale. Provided, however, this section shall not be construed to prohlbIt: (1) Trade shows or exhibits at WhICh an inCIdental sale may occur In the normal course of such show or exhIbit; or (2) Sales sponsored by noncommercial patnotIc. chantable. religIous. or civic organizations for chantable purposes and for which a chantable solIcltatIon permlt has been Issued, SECTION 2.. The CIty Clerk sha-ll certIfy to the adoptIon of thIS resolution, and thenceforth and thereafter the same shall be in full force and effect. ADOPTED and APPROVED this 11th day of ~un~ . 1908. ATTEST: . - e E1.HIBIT "B" - :r<ES0LUTIO"J 3579 LeeS} - SECTION 2 (POLICY) (el "PermIttee", as used herein, lnrludes any person, firm, assoriatlon, organIzation. partnership, business trust, r:ompany, or corporation. SErTION 2. POLICY. (a) Relationship between the Auditorium Director and the rhamber of Commerce. Easic poliry embodIes full and complete rooperatlon. including full and prompt exchange of infor,natlOn on prospe('tlve events, bookings. the keeping of duplIcate master calendars, and similar matters to the end that there is romplete liaison between the Director and the rhamber of Commerce to prevent ronflirts in dates or any other difhcultles in programming. (b) It shall be the policy of the AudItorium operation that the DIrertor shall use disr:-retion In the bookIng of hke or similar events. whu:h are open to the public. 50 as to avoid a timewise interferenre that would not be to the best interests of the permittees or the rlty. SECTION 3. SUPERVISION AND r.1ANAGEl'v'iENT. Subject to the supervision and ,..ontrol of the City Manager, the Director is hereby inve sted w~th the authorIty, and it shall be hIs duty to supervise and manage the Auditorium, establIsh regulations, and issue permits for the use thereof whirh are not lnr-onsistent with the terms of this resolution. SEr: TION 4. WRITTEN A P;:> LICA nON PREFERENCE. (a) In all cases ...,.here apphcant seeks rates other than the rurrcnt commercial rental charge, the DIrector shall reqUIre tlle frling of a wnnen applicatIon, in such form as the I:;l re.:-tor may presrrlbe, prlor to the lssuanre of a is\~~ e e 3t??--/?PZ_ 02 HESOLUTION NO. 5.58.8 (CITY COUNCIL SERIES) c A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF S_~:TA MONICA ~~ill~DING THE REGULATIONS FOR THE ADMINIST~~TION OF THE CIVIC AUDITOHIU~ THE CITY COUNCIL OF THE ClTY OF Sfu~TA MONICA DOES HEREBY RESOLVE THAT THE REGULATIONS FOR THE ADMINISTRATION OF THE CIVIC AUDITORIU~ SHALL BE N'~NDED AS FOLLCWS: SECTION 1. That Section 6 (Park~ng Lot) of Resolution 3579 (eCS) be amended as follows: The City reserves the right to ~aintain and operate the Auditorium parking lots located w~thin the area under the supervision and control of the Director. City rray contract w~th a person, or persons, for the private operation of said parking lots on a flat monthly basis or on a percentage of gross receipts der~ved from all sources from such operation. Avallable parklng space may be rented at a fee not to exceed three dollars ($ 3.00) per automobile space per period of occupancy, not to exceed twelve (12) hours. Parking for Audltorium events shall have prececence over parking for the general publlc, ~nclud~ng Clty ewployees. ( Notwithstandlng any provlsLons herein conta~ned, City Ray grant free use of saLd parking lets to the general public. SECTION 2. The City Clerk shall certify to the adoption of th~s resolut~on, and thenceforth and thereafter the same shall be in full force and effect. APPROv~D AS TO F0F01: CITY CLERK L~ "'-~.'-"'~~ "'-",,-<c"--e. "-...~ _""-"- __ -:~__.- ~ -~ ,..4.,._::- .._;::;....:~_~~-.::...-===-=----:::;.~~___~__~~_ _- ~," v v' c ( e . OF May ADOPTED AND APPROVED THIS J 1930. 13 DAY Qti/ U If/) /' ;<, n?^'o{, I J -J @C/./..d/--^---- U11AvIR " I HEREBY CERTIFY THAT THE FOREGOING RESOLUTIONJ No. 5588 J WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AT A REGULAR MEETING THEREOF HELD ON Hay 13 AYES: NOES: ,~BSEfn : ABSTAIrJ: ____J 19S~ BY THE FOLLOWI~G COUNCIL VOTE: COUNCIU'H1BERS: Yannatta GoldKay, Jennings, Reed, Rhoden, Scott, van den Steenhoven. Bambrick COUNC 1 LHEr.lBERS: I\one (OUNe I LMEr'iBERS: None COUNCILMENB1;:RS: N"one ATTEST: /' ~- . .. I 7 Ai::zU::~ ;. ..'" 1v<lj!~ CITY CLERK'