Loading...
O25911 City Council Meeting: November 13, 2018 Santa Monica, California ORDINANCE NUMBER 2591 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF SANTA MONICA AMENDING CHAPTER 4.55 OF THE SANTA MONICA MUNICIPAL CODE TO AUTHORIZE AND REGULATE ELECTRIC VEHICLES IN CITY PARK PARKING LOTS AFTER HOURS WHEREAS, the City of Santa Monica (“City”) adopted the Electric Vehicle Action Plan (EVAP) in November 2017, to expand access to public electric vehicle (EV) charging infrastructure to help meet greenhouse gas reduction goals; and WHEREAS, demand for EV charging stations exceeds available supply; and WHEREAS, the City seeks to install additional EV charging stations in designated parking lots of public parks as part of the implementation of the EVAP; and WHEREAS, the EV charging stations currently located in public park parking lots are accessible only during hours the park is open to the public and not after hours; and WHEREAS, the City seeks to allow any person engaged in charging his/her registered electric vehicle at an EV charging station within designated public park parking lots to do so after hours to maximize the availability of the City’s currently limited public EV charging infrastructure. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 4.55.020 is hereby amended to read as follows: 4.55.020 Park and beach—Definitions. As used in this Chapter, the following words and phrases shall have the following meanings: “Beach facility” shall mean any building, structure, recreational facility, parking facility, synthetic turf, furniture, fence, monument, equipment, apparatus, walkway, wall, curb, rail, fountain, statue or other City property located on the beach. “Compensation” shall mean payment for work or services performed, by salary, wages, commission, or otherwise, including the giving of goods as remuneration. “Department” shall mean the Department of Community and Cultural Services. “Director” shall mean the Director of the Department of Community and Cultural Services. “Interim Airport Open Space” shall mean and refer to an approximately six-acre parcel located southeast of the Santa Monica Airport Administration Building and at the Santa Monica Airport. “Litter” means any abandoned, discarded substance including, but not limited to: garbage, refuse, rubbish, abandoned and inoperable household appliances, discarded packaging or containers, discarded building, plumbing or construction material, unless 3 pursuant to construction operations, lighted or nonlighted cigarettes, cigars, matches or any flaming or smoldering material, and all other waste matter which, if thrown or deposited as prohibited herein, may be detrimental to public health, safety and welfare. “Park” shall mean and include the following parks in the City: Airport Park, Ashland (Sunset/Ashland Park) Park, Beach Green, Beach Park #1, Beach Park #4, Barnard Way Linear Park, Chess Park, Clover Park, Crescent Bay Park, Douglas Park, Euclid Park, Gandara Park, Goose Egg Park, Hotchkiss (Mary Hotchkiss Park) Park, Ishihara Park, Joslyn Park, Christine Emerson Reed Park, Ken Genser Square, Marine Park, Memorial Park, Ocean Park Green Space, Ocean View Park, Ozone Park, Pacific Street Park, Palisades Park, Park Drive Park, Schader Park, South Beach Park, Tongva Park, Virginia Avenue Park, and any City-owned landscaped open space in the Civic Center area, and any other area established as a park by the City Council. “Park facility” shall mean any building, structure, parking facility, recreational facility, synthetic turf, furniture, fence, monument, equipment, apparatus, walkway, wall, curb, rail, fountain, statue or other City property located in a City park. “Park foliage” shall mean any tree, hedge, bush, shrub, plant, flower, grass, or foliage or turf in any park. “City Park Parking Lot” shall mean the parking lots within the following designated City Parks: (a) Clover Park, located at 2600 Ocean Park Blvd, Santa Monica; (b) Gandara Park, located at 1819 Stewart Street, Santa Monica; 4 (c) Marine Park, located at 1406 Marine Street, Santa Monica; (d) Virginia Avenue Park, located at 2200 Virginia Ave, Santa Monica; (e) Memorial Park, located at 1401 Olympic Blvd, Santa Monica; (f) Airport Park, located at 3201 Airport Ave, Santa Monica; and (g) Any other parking lot established as a City Park Parking Lot by the City Council. “Swim Center” shall mean and refer to the Santa Monica Swim Center located at 2225 16th Street, Santa Monica. SECTION 2. Santa Monica Municipal Code Section 4.55.120 is hereby amended to read as follows: 4.55.120 Park – Closure. (a) No person shall enter, remain or be present in a City of Santa Monica park when that park is closed. (b) Except as otherwise provided in this Section, all City parks are closed between the hours of eleven p.m. and six a.m. (c) Palisades Park is closed between the hours of twelve midnight and five a.m. (d) Chess Park is closed between sunset and sunrise. (e) This Section shall not apply to: (1) Any public sidewalk immediately adjacent to any public street or highway, or to any street or highway which traverses any park, including the Santa Monica Municipal Pier access road or walkway and any portion of California Avenue; or 5 (2) Any person present within a park pursuant to authorization from the City; or (3) Ken Genser Square or any other City-owned landscaped open space in the Civic Center area, as closure hours for these public spaces are governed by laws regulating Civic Center Grounds; or (4) Any person present in a City Park Parking Lot who is (i) parking or unparking a registered electric vehicle at a City-designated electric vehicle charging station; (ii) plugging or unplugging a registered electric vehicle into a City- designated electric vehicle charging station; (iii) departing from, after parking, or returning to, for unparking, a registered electric vehicle at a City-designated electric vehicle charging station; or (iv) accompanying a person engaged in any activity described in (i), (ii), or (iii) of this paragraph. SECTION 3. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. 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. 6 SECTION 5. 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: LANE DILG City Attorney Approved and adopted this 13th day of November, 2018. Ted Winterer Ted W_in_ter_er_(No_v 3_0,_20_18_) Ted Winterer, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2591 (CCS) had its introduction on October 23, 2018, and was adopted at the Santa Monica City Council meeting held on November 13, 2018, by the following vote: AYES: Councilmembers McKeown, Vazquez Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: Councilmembers Himmelrich, O’Connor, O’Day ATTEST: Nov 30, 2018 Denise Anderson-Warren, City Clerk Date A summary of Ordinance No. 2591 (CCS) was duly published pursuant to California Government Code Section 40806.