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SR-071310-7Ac7® c;cvor City Council Report Santa Monica City Council Meeting: July 13, 2010 Agenda Item: ~`-~ To: Mayor and City Council From: Carol Swindell, Finance Director Subject: Ordinance Modifying SMMC 3.16.040 and 3.16.120 Recommended Action Staff recommends that City Council introduce for first reading an ordinance amending Santa Monica Municipal Code sections 3.16.040 and 3.16.120 related to parking meter holidays. Executive Summary During the Fiscal Year 2010/2011 Budget Study Sessions, Council inquired as to the possibility of recognizing Martin Luther King Jr. Day as a holiday for parking meter enforcement. Following review of the code and surveying neighboring cities, staff recommends adding Martin Luther King Jr. Day and deleting Lincoln's Birthday as holidays for meter enforcement. This would make Santa Monica consistent with other neighboring cities and have minimal budget impact during fiscal years where a holiday falls on a Sunday. Discussion Since 1984, Santa Monica Municipal Code section 3.16.040 related to parking meters has defined holidays as the following: New Year's Day -January 1 Lincoln's Birthday -February 12 President's Day- The 3rd Monday in February Memorial Day -The last Monday in May Independence Day -July 4 Labor Day -The 1st Monday in September Columbus Day -The 2nd Monday in October Veteran's Day -November 11 Thanksgiving Day Christmas Day -December 25 and any other day designated by the City Council of the City of Santa Monica as a day for public feast, thanksgiving or holiday. 1 It also specified that when January 1, February 12, July 4, November 11, or December 25 falls on a Saturday, the holiday shall be deemed to be the preceding Friday; when January 1, February 12, July 4, November 11, or December 25 falls on a Sunday, the holiday shall be deemed to be the following Monday. During the Fiscal Year 2010/2011 budget study sessions, Council inquired as to options and impacts of recognizing Martin Luther King Jr. Day as a holiday for the purpose of parking enforcement. In response to this inquiry, staff surveyed neighboring cities to determine what holidays were recognized for the purpose of parking enforcement activities. All cities were consistent, except for Los Angeles, which has certain meters in West Los Angeles and Venice that are enforced daily. In each case, the cities recognized Martin Luther King Jr. Day but not Lincoln's Birthday. In order to ease confusion of drivers who frequently travel between the Westside cities, staff recommends modifying Section 3.16.040 to delete Lincoln's Birthday and add Martin Luther King Jr. Day, resulting in the following holiday list: New Year's Day -January 1; Martin Luther King Jr. Day -The 3rd Monday in January; President's Day- The 3rd Monday in February; Memorial Day -The last Monday in May; Independence Day -July 4; Labor Day -The 1st Monday in September; Columbus Day -The 2nd Monday in October; Veteran's Day -November 11; Thanksgiving Day; Christmas Day -December 25 This recommendation would result in no revenue impact to the City. Meters that are currently enforced daily in portions of downtown and near the beach would continue to be enforced every day. Staff further recommends deleting the provisions of the municipal code that shifts holidays that fall on a Saturday or Sunday to Friday or Monday, respectively. Staff believes this was initially adopted in error, as a result of simply copying the City employee holiday schedule in effect at the time of adoption. Revenues could increase 2 by up to $10,000-for each holiday that occurred. on a Sunday in any given fiscal year. This would also eliminate confusion about which day was considered the holiday for meter enforcement. As staff reviewed Santa Monica Municipal Code Chapter 3.16, it was discovered that, although the code defined holidays, it no longer included what exceptions were to occur on holidays. The modification to section 3.16.120 is proposed to specify that meters would be exempt from payment on holidays, except those currently operated every day of the year in downtown and near the beach. Additionally, the proposed ordinance includes some minor language changes to reflect current positions, organizational structure and to more clearly reflect the intent of the code. The most significant of these changes is replacing the specifically defined California Special Recognition Plates designated by the California Department of Motor Vehicles, such as the various veterans' plates, with a generic statement. Currently, the code exempts all Special Recognition Plates; therefore, the proposed change has no operational impact. If additional Special Recognition Plates are designated in the future, they will automatically have the same exempt status as existing ones. Alternatives Council could choose to add or delete additional holidays. The revenue impact of adding or deleting additional holidays would be either a gain or loss of approximately $15,000 per day. Council could also choose to modify the list to reflect holidays that are recognized by the City and that City Hall is closed: New Year's Day -January 1; Martin Luther King Jr. Day -The 3rd Monday in January; President's Day- The 3rd Monday in February; Memorial Day -The last Monday in May; Independence Day -July 4; Labor Day -The 1st Monday in September; Thanksgiving Day; Christmas Day -December 25 3 This would result in a revenue increase of approximately $30,000 per year due to the reduction in recognized holidays from ten to eight. It should be noted that staff also receives the Friday after Thanksgiving as a holiday, a high revenue day for parking. Financial Impacts & Budget Actions There would be potential additional revenue as described above in fiscal years where one or more holidays falls on a Sunday. Prepared by: Donald Patterson, Business & Revenue Operations Manager Approved: Forwarded to Council: ~ , ~~ Carol Swindell Rod Gould Finance Director City Manager 4 City Council Meeting: 7-13-201ff Santa Monica, California ORDI~IAIVCE ~uMBE~ {ccs> {City Council Series) AfaJ ORDIf~AI~CE OF THE CITY CC?IJNCIL DF THE CITY OF SANTA MOI~ICA AMEh1D19~G VARIC7tJS SECTfONS tJF CHAPTER 3.16 OF THE SAhJTA Mt?t~ICA MU~lICIPAL C(3DE RELATIIVL3 T{? I'ARKIIVG METERS WHEREAS, the City of Santa Monica currently recognizes Lincoln's Birthday, February 12, as a holiday, and does not require payment at on-street parking meters on that day; and WI-IEREAS, the City of Santa ~rionica currently does nat recognize Martin Luther Icing Jr. Day, the third Monday in January, as a holiday, and does require payment at on-street parking meters on that day; and WHEREAS; neighboring cities recognize Martin Luther King Jr. Day but do not recognize Lincoln's Birthday for on-street parking meter purposes; and WHEREAS, in order td ease confusion of drivers traveling between Santa Monica and neighboring cities, the City of Santa Monica desires to recognize Martin Luther King Jr. Day as a holiday and to cease recognizing Lincoln's Birthday for on- street parking mater purposes; and WHEREAS, a past Municipal Code amendment erroneously granted parking meter tee exemptions on weekdays before or after ce€tain weekend I~olidays, and that error should be corrected to protect City revenues. NOW: THEREFORE: THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 3.16.040 of Chapter 3.16 of the Santa Monioa Municipal Cade is amended to read as fallaws: ~~cticsra 3.1&.04fl. hlsalfe#ay. As used in this Cha~>ter Tthe word "haliday" shall mean and include the folEawin0 days: January 1, the 3rd Mandan in Janua~re~~U ~ 1~, the 3rd Monday in February, the last Manday in May, July 4, the 1st Manday in September, the il~an~ '! ~ahrr~nn> 'I? I ,I:~ ii Al n~~aminar h 1 nr ilaramL:ar SECTION 2. Section 3.16.920 of Chapter 3.16 of the Santa Manisa Municipal Cade Is amended to read as fallaws: ~eetlan 3.°16.120. C7p~rati~ra of ~arklrog 1~fetars. 2 {a} Unless exempt pursuant to subdivision {b} or {c} of this section. when any vehicle shall be parked in any metered parking space, the operator immediately shall deposit t#e co+r~o~~ment in the manner prescribed an the parking meter or at the parking space. Unless othendvise Subdivision {a} ofi this section shall not re+~uire an operator ofi a vehicle to deposit payment in a ~arkinq meter when: ~1 }~t~n-less-the parking meter indicates an unexpired portion remains of the period for which ~aYment had been ' ed-previousiy made; or er the nr~nmtnr 'xnmarJ'ntal~r hno v~l~r®rl intn u+~ amain-an affiaer of the Fire ar Police Dement has determined a period of emergenoy eXlSts: ar''a~~..te,"-;'~"'rand-::z:-~y-.:s^,-vf~,c~-^f~,::-~-t,ti v';-~-.n~,~t~e r-~Fi-ten-t; 3~er-in comp€iance with the directions of a police officer or traffic oontroi sign or signs(: or ~q} a posted sign at theparkinq space indicates words similar to "Except Sundav" or "Except Sundays and Holidavs" and -the day is a Sunday or a hoiida~as defined in section 3.16.Q4i). (c} Subdivision (a} of this section shall not require an by the California Department of Motor Vehicles"~~ ^^*~~ (9) Clean Air or Zero-Emissions Vehicle Decal; or I'>1 ~r5rn G n~ 1Jnh' 3 D.,rL' rl tz-7-~-...r L-~r 'mv~irnrv-a-., 'rorc-rrnr<rn~-cam f.~.t G?~rrn la C-!Dort lir•o ncc nln~ta IF1 li rrv n C9 r'c. f\A1.~ !' i.,i.,~ '(of-+ mrrcr' "v-vrvvvr-7ioc;r~si. ~ruzc,y ~] , u~ s,,, c r r ~l~±eanv Special Recognition ^yYy\}TT[ v ~ •v Plate. SECTION 3. Any provision of the Santa Manica Municipal Code or appendioes thereto inconsistent with the provisions of this Ordinance, to the extent of such inoonsistenoies and no further, is hereby repealed ar modified to that extent necessary to effect the pravisions of this Ordinance. SECTION ~. If any section, subsectian, sentence, clause, ar phrase of this Ordinance is far any reason held to be invalid ar unoonstitutianal by a decision of any oaurt of oompetent jurisdiction, suoh deoision shall not affect the validity of the remaining portions of this Ordinanoe. The City Council hereby declares that it would have passed this Ordinance and each and every seotian, subsectian, sentenoe, olause, or phrase not declared invalid ar unoonstitutianal withaut regard to whether any partion of this Ordinanoe would be subsequently deolared invalid or unconstitutiona€. SECTION 5. The Mayor sha11 sign and the City Clerk shall attest to the passage of this Ordinanoe. The City Clerk shall cause the same to be published once in the afficial newspaper within 15 days after its adoption. This Ordinance shall became effective 30 days from its adoption. 5