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SR-8-C (57)CA:f:atty\inuni~strpts\struct2 City Council Meeting 11-29-94 T~: Mayor and C~ty Council NOV 2 9 f994 Santa Monica, California FROM: City Attorney SL;BJECT: Ordinance A~-ending Municipal Code Section 3.36.280 Relating to the Regulation of City- Ocaned Parking Structures INTRODUCTION At its meetzng an Dctober 11, 1994, the City Cauncil directed legal sta~f ta evaluate adopting restrictions for the Santa Monica Place parking structures and beach parking lots si~ilar to thase applicable to the City-owned parking structures adjacent to the Third Street Pramenade. See Municipal Code 5ection 3.36.280. The accompanying ~rdlnance has been prepared in response to that directive. It wauld add four City-owned parking structures to the list of struc~ures aiready regulated by Section 3.3b.280 and would thereby restrict presence in those structures. DISCUSSI~N The accompany~ng ardinance amends I~unicipal Code Sectior~ 3.36.280. That sect~on presently limits presence in the City-o4rned parking structures adjacent to the Promenade to those persons who are using the facilit~es for parking, are making use af the restrooms, or are present with the City's authorization. Cans~stent with the Council's directive, the prapased ordinance ~aauld add to the l~st of regulated structures the two parking structures at San~.a Monica ~ ~ov 2 s ~ Place {Structures #7 and #8). We are advised that City staff has dzscussed this proposed amendment with the representatives from Santa Monica Place. Add~tianally, the proposed ordinance wauld add to the list af regulated structures the structure known as Lot #3, located at 1125 Third Street, and the Ken Edwards Center parking structure, located at 1527 Fourth Street. These additions to the proposed ardinance were made at the request of the Poiice Chief and are based upon reparts ~f crirrtes in those structu~es and upon other c~mplaints received fram members of ~he public and from staff at the Ken Edwards Center. As proposed, this ordinance does not include the beach parking iots. As discussed in the Informa~.ion ~tem presented to the City Council an October 11, 1994, beach parking lots pose s~gnificantly more difficult regulatory problems than do parking structures. Municipal Cod~ S~ctian 3.04.020 already closes the beach parking lots at night. Both the C~astal Commissian and the State Recr~ation and Parks Commission have jurisdiction over partzons of the beach parking lots, limiting the City's ability to impas~ additianal regulations. Moreover~ unlike the parking structures, the Beach lats are used by the public for a variety of purposes. Given these facts, the City should fully evaluate the need fox add~'t~onal regu~a~ian and the consequences of its adaption before adapting any new ordinances or amending any existing ordinances 2 r~gulating acc~ss ta the lots. Ther~fore, we are not recommendLnq adding the beach lots to this ordinance. RECOMMENDATION It is respectfully recommended that the accompanying ardinance be 3ntroduced for first reading. PREPARED BY: Marsha Janes Moutrie, City Attorney Claudia Thompsan, Admin. Asst. 3 CA:f:atty\muni\laws~mjm~struct2 City Council Meeting 11-29-94 Santa Monica, Califoxnia ORDINANCE NUMBER (City Council 5er~es) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 3.36.280 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE USE OF CITY OWNED PARKING STRUCTURES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLL06d5 : SECTION 1. Section 3.36.280 of the Santa Monica Municipal Code is amended to to read as follows: 3.36.28D Regulation of City-owned Parking Structures. (a) No person may be present in a City- owned Parking Structure unless he or she is engag~d in one of the fo~lo~,ring activities or accompanying sameone who is so engaged: (1) Parking or unparking a vehicle or riding in a t~ehicle ~Thich is being parked or unparked; (2} Departing from after parking, or returning to, far unparking, a vehicle urhich is parked in the Parking Structure; - 1 - (3) Using or going to ar from public restroam facilities lacated in the Parking Structure; (4) Authori2ed by the City of Santa Monica to be present. (b) Any person t,rho violates the provisians af this section shall be guilty of a misdemeanar punishabie by a fine not ta exceed Five Hundred Daliars ($500.00) or imprisonment far a period not to exceed six manths. (c) The term "~City Owned Parking Structures" means the following structures, excepting retail ar commercial space: (1) Structure #1, lacated at ~234 4th Street~ Santa Manica; {2) Structure #2, located at 1235 2nd Street~ Santa Monica; (3) Structure #3, lacated at 1320 4th Street, Santa Monica; (4) Structure #4, located at 1321 2nd Street, Santa Monica; (5) Structure #5, located at 1.44a 4th Street, Santa Man~.ca; (6} Structure #&, located at 1431 2nd Street, Santa Mon~ca. - 2 - , • ~ . r I ~ . l~I~~~ I•I~,.•~ ~.f ~*,I' '~ti..,.t, •,.~i,~ i ~'~~r,i••,. . i • • 1 . ~ C. • ~ , . • -r ~• , ~ ~ •~. .- • .~,. ••-. : --rf . I . ~- - . . . ' ~ . . S. ~ `~ ~ . . ~ . . . . I ' " ' . .1 . ' ' . ' - ' - ' ` ~ ~ ' ' _T" - --- • =--~1-'~ V ~r - SECTION 2. Any pravisian af the Santa Monica Municipal Code or Appendices thereta inconsistent with the provis~ons of this Ordinance, to the extent of such inconsistencies and no further, are hereby repeaied or modifi~d to that extent necessary to affect the provisions o~ this Ordinance. SECT~ON 3. Zf any section, subsection, sentence, clause, or phrase of this Qrdinance is for any reason h~ld to be invalid ar unconstitutianal by a decisi~n Qf any court of any competent jurisdiction, such decisiQn shall not affect the validity of the remaining portions of this Ordinance. The City Council h~reby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared inva~id ar unconstit~tianal without regard to ~ahethEr any portion of the Ordinance would be subsequently declared invalid or unconstitutional. ~ ~ _ SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shai~ caus~ the same ta be published ance in the afficia~ newspaper within 15 days after its adop~ion. Th~s Ordinance ~haii becom~ effective after 30 days from its adoption. APPROVED AS TO F~RM: ~~,~,L ~ ~-G~- .~.t-[-~ y~~G~~-7~-~~' MARSHA JON~t~ MOUTRIE City Attorr'rey - 4 -