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SR-8-B (78)CA:t:muni~strpts~mjm\struclat City Council Meeting 10-11-94 STAFF REPORT TO: Mayor and City Council FROM: City Attorney Santa Monica, California ~C~~1~ SUBJECT: Ordinance Adding Section 3.36.280 ta the Santa Monica Municipal Code Regulat~ng the Use of City Owned Parking Structures Introduction At its meeting on May 31, 1994, the City Council di.rected legal staff to prepare an ardinance liiniting use of the City-owned parking structures to their intended purposes, In response to that directive, legal staff has prepaxed the attached ordinance which is presented for the Ci.ty Council's consideration. Proposed Ordinance Regulatinq Use Of The City's Parkinq Structures The propased ardinance would regulate parking structures thraugh the addition of Section 3.36.280 to the Santa Monica Municipal Code. It would allow a person ta be Yn a City-awned parking structure only if he or she were engaged in, or accompanying sameone who raas engaged in, one af the ~ollowing activities: parking or unparking a vehicie, proceeding to or from a parked vehic].e, using or travelling to or from a public restroom, or traversi.ng through the structure on the lower f~oors. Any person nat engaqed in ane of these activities would be guilty of a OCT f t ~ 1 misdemeanor if he or she failed or refused to leave after receiving a warning from a police officer, public officer, or parking attendant. Any person authorized by the City of Santa Monica to be present in the structure would be exempt fram the restrictions imposed by the ordinance. Moreover, the ordinanc~ would not apply to the retail or commercial space in the structures. when the cauncil directed the preparation of this ordinance, indivadual council members made various requests regarding its content. Specifically, council members requested that the ordinance be drafted to allow members af the public to use the public restrooms and to trav~rse the parking structures i~ order to enter and leave the Third Street Promenade. The proposed ordinance expressly permits these uses. Additionally, a council memb~r noted that persans who have parked in a structure may linger there and chat prior to their departure. The proposed language meets this cancern as well: no vialatian can occur until a person has been warned and has, nevertheless, refused or failed to leave following that particular warning, Therefore, standing and chatting by one's ~ehicle cou~d never, in itself, constitute a vialation. Additionally, the City Council di~ected legal staff's attentian to the fact that the parking structures will have attendants within the next year and that metered parking will therefore be eliminated. Accordingly, the ardinance specifies that warnings may 2 be providad by parking attendants as well as by police officers and public officers. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Marsha Jones Moutrie, City Attorney 3 CA:f:atty\muni~laws\mjm\struclot City Council Meeting 10-11-94 Santa Monica, California ORDINANCE NUMBER (City Council Series} AN ORDiNANCE OF THE CITY C~UNCIL OF THE CITY OF SANTA MONICA ADD~NG SECTION 3.3b.280 TO THE SANTA MONICA MUNICIPAL CODE REGULATTNG THE USE OF CITY OWNED PARKING STRUCTURES THE CITY C~UNCIL ~F THE CITY QF SANTA MQNICPs DQES QRDAIN AS FOLLOWS: SECTION 1. Findinqs and Purpose. The City Council finds and declares: (a} The City's six, multi-story Parking Structures are designed and intended solely for use by persans who are parking and unparkinq vehic2es, proceeding to or from parked vehicles, or using the public restrooms located in the structures. (b) Because the Parking Structures are located between 2nd Street and the Third Street Pramenade and Fourth Street and the Third Street Promenade some pedestrians traverse th~ ground floors of the Parking Structures to access the Pramenade from Second Street or Fourth Stre~t. (c) Use of the Parking Stx-uctures for other purposes impedes parking and the Elow of traffic within the Parking Structur~s. -i- ,~• (d) Moreaver, any unnecessary pedestrian traffic in the Parking Structures presents a potentia~ safety hazard, particularly on floors above the ground flaor where pedestrian traffic may not be unanticipated by drivers. (e} Additionally, crimes against propert~ and persans have occurred in the Parking Structures, including a significant and increasing number of automobile burglaries. (f) Accordingly, the City Council intends by th~s ordinance to promote the public health, safety and welfare by limiting the future patential for such crime, ensuring that those park~ng their vehicles in the Parking Structures may da sa wi~h a sense of security, reducing safety hazards to drivers and pedestrians, and ensuring that the parking and traffic flow in the structures is unimpaired. SECTION 2. 5ection 3.36.280 is hereby added to the Santa Manica Municipal Cflde to read as follows: 3.36.280 Regulat~on ot City-owned Parking Structures. (a} No persan may be present in a City- owned Parking 5tructure unless he or she ~.s: (1) Parking or unparking a vehicle or riding in a vehicle which is being parked or unparked; - 2 - (2) Departing ~rom or returning to a vehicle which is parked in the Parking Structure; (3) Using or going to or from pub].ic restroom facilities located in the Parking Structure; (4} Tra~ersing the Parking Structure an its ground or first flaar; or (5} Authorized by the City of 5anta Manica to be present. {b) No persan shall be in violation of tha.s Section until he ~r she has refused or failed ~o leave the Parking Structure following a warning of the restrictions imposed by this Section given by any poiice officer, public officer or parking attendant. Any person who violates the provisians of this s~ction shall be guilty of a misdemeanor punishable by a fin~ not to exceed Five Hundred Dallars ($500.00} or imprisonment far a period nat to exceed six months. (c} The term "City Owned Parking Structures" means the following structures, excepting retail or commercial space: 1} Structure #1, ~ocated at 1234 4th Street, Santa Monica. - 3 - (2) 5tructure #2, located at 1235 2nd Street, Santa Monica. (3) Structure ~3, ~acated at 1324 4th Street, Santa Monica. (4) Structure #4, located at 1321 2nd Street, Santa Monica. (5) Structure #5, loca~ed at 1440 4th Street, Santa Monica. (6) Structure #6, located at 1431 2nd Street, Santa Monica. SECTION 3. Any provision of the Santa Monica Municipal Code or Appendices thereto inconsistent with the pravisions of this Ordinance, to the extent ot such inconsistencies and no further, are hereby repealed or modified to that extent necessary ta affect the provisions of this Ordinance. SECTION 4. If any secti~n, subsection, sentence, c~ause, or phrase of this Ordinance is for any reason held to be invalid or uncanstitutional by a decision of any court of any campetent jurisdiction, such decision shall not affect the ~a~idity af the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion - 4 - of the Ordinance would be subsequently declared invalid or unconstitutional. SECT~ON 5. The Mayor shall sign and the City Clerk shall attest to the passage af this Ordinance. The City Clerk shall cause th~ same to be published ance in the official newspaper within 15 days after its adoption. This Ordinance shall becam~ effective after 30 days from ~ts adoption. APPROVED AS TO FaRM: ~ r %~?~~L.cz~~: .`~!~~~ /~~~~_~f MARSHA JONES"MOUTRIE City Attarney _ ~ _