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SR-417-002-06 (4) f:\atty\muni\strpts\mjm\valet.doc City Council Meeting July 13, 2004 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: An Ordinance Of The City Council Of The City Of Santa Monica Deleting Santa Monica Municipal Code Section 6.12.150 Relating To Downtown Valet Parking and A Resolution of the City Council of the City of Santa Monica Setting Fees for Valet Parking Space Use Introduction The attached ordinance is presented for first reading and attached resolution for adoption. Background In February 2001, City Council passed an ordinance regulating valet parking and a resolution establishing fees for valet parking operators. The fees included a permit fee of $1,750 per location, per year, and a space use fee of $0.50 per space per hour of valet operations. In the downtown, valet operators were only charged the space use fee, in recognition of the impact of transit mall construction in the downtown. This construction project is complete and the proposed ordinance would require downtown valet locations to pay the same permit fee as other valet locations in the City. Discussion The attached ordinance standardizes fees and most requirements for valet operators in downtown and other parts of the City because it deletes Municipal Code Section 1 6.120.150 which exempts downtown valet operators from provisions of the valet ordinance (including the permit fee) and requires them, instead, to work out separate agreements with the City. The change will affect about 15 valet locations in the downtown. Practically, the only change will be to require the payment of the same permit fee as locations outside of downtown, because each individual agreement for the downtown is based on the valet requirements applicable Citywide. All of the specific requirements and the application are available at the City Of Santa Monica Web site under Planning and Community Development/Transportation Management/Parking and Traffic Control. The amount of the fee is based on the cost of reviewing permits and monitoring them and has been charged to valet operators at other locations in the City since 2001. The attached resolution establishes valet Space Use Fees of $1 per hour in Parking Meter Zone ?A? (downtown) and $0.75 per hour in the rest of the City, so that valet operators will pay the same rate as other meter parkers in a particular part of the City. Transportation Management staff provided advance written notice of the fee to the Bayside District Corporation staff and current valet operators. Financial/Budget Impact The budget for revenue account 01415.407180 (Valet Licensing Fee) should be increased by $22,875 for the additional revenue resulting from ending the exemption in the Downtown area. The increase in Space Use Fees, which are deposited into revenue account 01415.400300 (On-Street Meters), is already included in the FY 2004- 05 Adopted Budget. 2 Recommendation It is respectfully recommended that the accompanying ordinance be introduced 1. for first reading, and that the resolution be adopted. 2. Authorize an increase to the budget at account 01415.407180 by $22,875. PREPARED BY: Suzanne Frick, Director of Planning & Community Development Lucy Dyke, Transportation Planning Manager Attachments: 1. A Resolution of the City Council of the City of Santa Monica Setting Fees For (See adopted Resolution No. 9963 (CCS)). Valet Parking Space Use 2. An Ordinance of the City Council of the City Of Santa Monica Deleting Santa (See below) Monica Municipal Code Section 6.12.150 Relating to Valet Parking . 3 f:\atty\muni\laws\mjm\valet-1.doc City Council Meeting 7-13-04 Santa Monica, California ORDINANCE NUMBER _________ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DELETING SANTA MONICA MUNICIPAL CODE SECTION 6.12.150 RELATING TO DOWNTOWN VALET PARKING WHEREAS, the City of Santa Monica allows valet parking as one element of a coordinated parking system; and WHEREAS, City staff time is required to review valet operating plans and monitor compliance with them; and WHEREAS, the fee for this service in most of the City was set to offset the cost of reviewing plans and monitoring operations; and WHEREAS, valet operations in the downtown require operating plan review and monitoring on the same basis as valet operations in other parts of the City; and WHEREAS, downtown operators were exempt from this fee during the construction of the Transit Mall in the downtown, and that project is now completed, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: 4 SECTION 1. Santa Monica Municipal Code Section 6.12.150 is hereby deleted in its entirety as follows: Deleted: Section 6.120.150 Requirement for downtown valets. Deleted: Notwithstanding any provision of this Chapter to the contrary, no valet parking shall be allowed to operate within the following boundaries without first having entered into an agreement with the City: Ocean Avenue, 5th Street, SECTION 2. Any provision of the Santa Monica Municipal Code or appendices Colorado Avenue, and Wilshire Boulevard. The rules and regulations governing the operation of such thereto inconsistent with the provisions of this Ordinance, to the extent of such valets shall be established exclusively by such agreement and shall not be otherwise governed by this Chapter. inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of 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 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 shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 5 _________________________ MARSHA JONES MOUTRIE City Attorney 6