O948
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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.
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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
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Section 619 of the City Charter of the City of Santa Monica.
ADOPTED thi5 26th day of February,
1974. , /
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Mayor
ATTEST:
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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
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APPROVED AS TO FORM:
CIty Attorney
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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.
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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
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