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
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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.
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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;
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(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.
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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.
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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 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
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