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O948 - .. -. @ ~ ORDINANCE NO. 948 (CITY COUNCIL SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITSELF TO BE THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA, VESTING ITSELF WITH ALL RIGHTS, POWERS, DUTIES PRIVILEGES AND IMMUNITIES HERETOFORE VESTED IN THE AGENCY, AND DIVESTING THE PREDECESSOR REDEVELOPMENT AGENCY OF ALL RIGHTS, POWERS, DUTIES, PRIVILEGES AND IMMUNITIES HERETOFORE VESTED IN IT. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1. Pursuant to the provisions of Section 33200 of the CalifornIa Health & Safety Code, the City CouncIl of the City of Santa Monica, the legIslative body of said City, does hereby declare itself to be the Redevelopment Agency of the City of Santa Monica and vests in itself, all rights, powers, dutIes, privileges and immunities heretofore vested in the Redevelopment Agency of the City of Santa Monica. SECTION 2. Any rights, powers, dutIes, privileges, or immunities heretofore vested in any predecessor redevelopment agency are hereby terminated, and all such rights, powers, duties, privileges, and immunities are succeeded to by the City Council of the City of Santa Monica, as the Redevelopment Agency of the City of Santa Monica. The provisIons of this section are not intended to terminate or to be construed as a termination of any rights, powers, duties, privileges and Immunities which said Redevelopment Agency may have in relation to persons other than the City of Santa Monica, the Redevelopment Agency of the City of Santa Monica or the City Council of the City of Santa Monica. SECTION 3. The Mayor of the City of Santa Monica shall be the Chairman of said successor Redevelopment Agency, the Mayor Pro Tem, the Chairman Pro Tem of said agency, the City Manager, the Executive Director of said agency, the Director of Community Development, the Secretary and the Treasurer of said agency, and each of said officers shall serve with- out any compensation In addition to that which they receive as officers and employees of the City of Santa Monica. 9~~ ~~.d&.~f~ -.< "- 4 - SECTION 4. Pursuant to Section 702 of the Santa Monica City Charter, and upon the recommendatIon of the City Manager of the City of Santa Monica, there is hereby created in the City of Santa Monica, a department of Community Development, and said department shall be headed by a Director, as department head, who shall be appointed by the City Manager, and a secretary appointed by the Director with the concurrence of the City Manager. The annual compensation of the Director and Secretary, respectively shall be: Director $19,000.00 Secretary 8,388.00 The posItion of such department head, as requIred by Section 702 of the Charter, sha] I be included in the classified service and each of the above salaries shall be subject to review and modification at the time the City budget IS consIdered. SECTION 5. Any and all ordinances, resolutions, or other provisions of law directly or indirectly contrary to the provisions of this ordinance, are hereby repealed to the extent of said inconsistency SECTION 6. If any provision of this ordinance is held to be Invalid in any respect, It is intended that the remainder of thiS ordinance be in full force and effect and that the valid portions be severable from the invalId portions. SECTION 7. The City CounCil hereby declares thiS ordinance to be necessary as an emergency measure for the preservation of the publ ic health and safety in that the remaining members of the predecessor Redevelopment Agency has submitted their respective resignations to be effective on the 9th day of May, 1972. SECTION 8. The City Council hereby declares thiS measure to be an improvement proceeding ordinance adopted pursuant to Section 33200 of the California Health and Safety Code. SECTION 9. 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 fifteen days after its adoption. This ordinance shall take effect upon adoption, pursuant to . ~ ;;", ::.- T . w .. Section 619 of the City Charter of the City of Santa Monica. ADOPTED thi5 26th day of February, 1974. , / yg~ 1/ ~~~~ Mayor ATTEST: /f;~'-, {://c~0 Ity Pk 'v STATE OF CALIFORNIA COUNTY OF LOS ANGELES 55. CITY OF SANTA MONICA I do hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the 13th day of February, 1974, that thereafter the said ordinance was duly adopted at a meeting of the City Council on the 26th day of February, 1974, by the fol lovJing vote: AYES: Counci Imen: Judson, Lawson, Swink, Trlves, Hoover NOES: Councilmen: McCloskey ABSENT: Counci Imen: van den Steenhoven /_~----)1~ < l.h-~y tre7k if APPROVED AS TO FORM: CIty Attorney ;, -.. -f . ~- CITY OF SANTA MONICA INTER-DEPARTMENT MEMO DATE September 10, 1974 K. o. Grubb, City Clerk TO: FROM: Samuel I. Streichman, Assistant City Attorney SUBJECT. Ordinance No. 948 It has come to the attention of this office that when Ordinance No. 948 was adopted by the City Council on February 26, 1974, a clerical error was contained in the body of the Ordinance. Ordinance No. 948 is merely an amendment of Ordlnance No. 889, originally adopted in May, 1972. The origin of said ordinance was with the Redevel- opment Agency, which on January 28, 1974, passed a motion recommending to the City Council that Ordinance No. 889 be amended in order to show that the Director of Community Development as the secretary and treasurer of the Redevel- opment Agency. Thereafter, on February 13, 1974, the Ordinance was introduced for first reading by title alone. On February 26, 1974, the Ordinance was reintroduced for second reading by title alone. The body of the Ordinance was never read at either first or second reading. The purpose of the amendment to Ordinance No. 889 appears only to have been to designate the Director of Community Development as the secretary/treasurer of the Redevelopment Agency. This was indicated on the Agenda of February 13, 1974, the Agenda of February 26, 1974, and the minutes of the meeting relating to February 26, 1974. Also, lt is clear that the purpose of the amendment was to provide for the Director of Community Development assuming the position of secretary/treasurer of the Redevelopment Agency from the minutes of the meeting of January 28, 1974 of the Redevelopment Agency. Through clerical error, when Ordinance No. 948 was drafted, the language from Ordinance 889 with regard to the treasurer of the agency was not amended, but the language from the Ordinance 889 with regard to the secretary of the agency was. There is no question but that this omission was clerical in nature and did not comport with the intent of either the City Councilor the Redevelopment Agency. .. , .. ~. .. ~ K. o. Grubb September 10, 1974 Page Two It would appear, in the op~nion of thlS off~ce, not to be necessary to refer the matter back to the Clty Councl1, but pursuant to Section 615 of the Charter of the City of Santa Monlca, Ordinance No. 948 can be brought into conformlty with the intent existing at the time of lts adoption by merely striklng the words "THE CITY OF SANTA MONICA DIRECTOR OF FINANCE, THE TREASURER OF SAID AGENCY" WhlCh are found ln Section 3 thereof, and adding the words "AND THE TREASURER" after the words "the Director of the Community Development, the secretary" and before the words "of said agency". The corrected Section 3 would then read as follows: "The Mayor of the Clty of Santa Monlca shall be the Chairman of sald successor redevelopment agency, the Mayor Pro Tern, the Chairman Pro Tern of said agency, the City Manager, the Executive Dlrector of said agency, the Dlrector of Communlty Development, the secretary and the treasurer of sald agency, and each of said offlcers shall serve without any compensation ln addltion to that which they receive as officers and employees of the City of Santa Monica." This would not const~tute an alteration of the Ordinance nor would it be an amendment. However, after thlS change is made, it would be necessary that the Mayor again sign the corrected ordinance so that it may be kept on file in its proper form. RICHARD L. KNICKERBOCKER City Attorney By;~6~ Assistant City Attorney RLK:SIS:jst