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O26291 City Council Meeting: January 28, 2020 Santa Monica, California ORDINANCE 2629 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ENACTING SANTA MONICA MUNICIPAL CODE SECTION 3.16.242 TO PROHIBIT NON-CHARGING VEHICLES FROM PARKING AT PUBLIC ELECTRIC VEHICLE CHARGING STATIONS AND AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 3.04.035 AND 3.16.170 TO PERMIT THE ESTABLISHMENT OF OVERSTAY CHARGES FOR PARKING SPACES DESIGNATED FOR USE OF PUBLIC ELECTRIC VEHICLE CHARGING STATIONS. WHEREAS, the City Council adopted the Electric Vehicle Action Plan in November 2017 to support the shift to electric vehicles in Santa Monica; and WHEREAS, the number of electric vehicle owners continues to grow and demand for public electric vehicle charging stations exceeds supply; and WHEREAS, parking spaces designated for use of public electric vehicle charging stations are intended to be used only while using the public electric vehicle charging station; and WHEREAS, encouraging turnover at parking spaces designated for use of public electric vehicle charging stations is necessary to maximize station access; and WHEREAS, new smart public electric vehicle charging stations (i.e., network- connected) have the technology to automatically charge drivers an administrative charge for overstaying in a parking space designated for use of a public electric vehicle charging station beyond the maximum posted time; and DocuSign Envelope ID: C128AE9D-7A44-4DEA-8BA8-BDF93571812D 2 WHEREAS, to encourage turnover at parking spaces designated for use of public electric vehicle charging stations, the Electric Vehicle Subcommittee of the Task Force on the Environment has recommended adoption of an overstay charge in the amount of One Dollar ($1.00) per minute, to be charged beginning after a set grace period of five minutes up to a maximum of $53.00 for electric vehicles that exceed posted time limits at parking spaces designated for use of public electric vehicle charging stations; and WHEREAS, the City desires to prohibit non-charging vehicles from parking in spaces designated for use of public electric vehicle charging stations; and WHEREAS, the City desires to establish an overstay charge for electric vehicles that exceed the maximum legal parking time posted at parking spaces designated for use of public electric vehicle charging stations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 3.16.242 is hereby added to read as follows: 3.16.242 Violation-Parking non-charging vehicle in a space designated for use of a public electric vehicle charging station. No owner or operator of a non-electric vehicle shall park his or her vehicle in any parking space designated for use of a public electric vehicle charging station. No owner of an electric vehicle shall park his or her electric vehicle DocuSign Envelope ID: C128AE9D-7A44-4DEA-8BA8-BDF93571812D 3 in any parking space designated for use of a public electric vehicle charging station except during time that he or she is using the public electric vehicle charging station to charge the electric vehicle. Section 2. Santa Monica Municipal Code Section 3.04.035 is hereby amended to read as follows: 3.04.035 Parking fees and permit fees. (a) Parking fees and permit fees, if any, designated permit areas, and exempted periods, and overstay charges for spaces designated for use of public electric vehicle charging stations may be established and changed, from time to time, by resolution. (b) The City Manager, or designee, is authorized to adjust, not more than twice per year and not more than once in any six-month period, parking fees, permit fees, if any, designated permit areas, exempted periods, and overstay charges for spaces designated for use of public electric vehicle charging stations for any off-street public parking lot, off-street parking meter, or other off-street public parking facility, including parking structures and designated permit areas, in order to facilitate the parking goals set forth in the Land Use and Circulation Element (“LUCE”) and based on occupancy, comparable location surveys, and relationship to adjacent parking facilities. Off-street incremental parking rates may not be increased or decreased more than twenty-five percent at any one time and may be adjusted up or down in twenty-five cent intervals. Overstay charges for spaces designated for use of public electric vehicle charging stations may DocuSign Envelope ID: C128AE9D-7A44-4DEA-8BA8-BDF93571812D 4 not be increased or decreased more than twenty-five percent at any one time and may be adjusted up or down in five cent intervals. (c) No parking permit will be issued until all outstanding parking citations are paid by the permit applicant. Section 3. Santa Monica Municipal Code Section 3.16.170 is hereby amended to read as follows: 3.16.170 Parking meter zones, meter rates and hours of operation. (a) Parking rates for parking a vehicle in a designated on-street parking space shall be established and adjusted from time to time to manage the use and occupancy of on-street parking spaces for the public benefit in all parking areas. (b) The following rates are established for on-street parking meter and pay machines: (1) Downtown Meter Zone shall be two dollars per hour. (2) Beach Meter Zone shall be two dollars per hour. (3) Citywide Meter Zone. All other on-street parking in the City shall be one dollar per hour. (4) Spaces Designated for Use of Public Electric Charging Stations. The rate shall be as set forth above depending on the zone in which the meter is located, with the exception that an overstay charge on a per minute basis to be established by resolution shall also apply for electric vehicles using such spaces for charging that remain in such DocuSign Envelope ID: C128AE9D-7A44-4DEA-8BA8-BDF93571812D 5 spaces more than ten minutes after the maximum posted time permitted for charging. (c) The City Manager, or designee, is authorized to adjust on-street parking rates and overstay charges from time to time based on the following: (1) Rates may be adjusted up or down in twenty-five cent intervals to achieve target occupancy based on consideration of occupancy, customer parking availability concerns, comparable location surveys, and relationship to adjacent parking facilities. Overstay charges may be adjusted up or down in five-cent intervals based on the same considerations. (2) Rates may not be adjusted more than twice per year and may not be adjusted more than once in any six-month period. (3) Hourly rates and overstay charges may not be increased or decreased more than twenty-five percent at any one time. (4) A current schedule of on-street parking rates and overstay charges shall be available at the City Clerk’s office and broadly communicated to the public. (d) This Section does not apply to any off-street public parking lots, off- street parking meters, or other off-street public parking facilities, owned and operated by the City of Santa Monica or the Parking Authority of the City of Santa Monica. DocuSign Envelope ID: C128AE9D-7A44-4DEA-8BA8-BDF93571812D 6 SECTION 4. 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 5. 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 6. 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 DocuSign Envelope ID: C128AE9D-7A44-4DEA-8BA8-BDF93571812D Approved and adopted this 28th day of January, 2020. _____________________________ K e v i n M c K e o w n , M a y o r 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. 2629 (CCS) had its introduction on January 14, 2020 and was adopted at the Santa Monica City Council meeting held on January 28, 2020, by the following vote: AYES: Councilmembers Davis, Morena, Himmelrich, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None ATTEST: _____________________________________ _________________ Denise Anderson-Warren, City Clerk Date A summary of Ordinance No. 2629 (CCS) was duly published pursuant to California Government Code Section 40806. DocuSign Envelope ID: C128AE9D-7A44-4DEA-8BA8-BDF93571812D 2/13/2020