R113921
City Council Meeting: December 14, 2021 Santa Monica, California
RESOLUTION NO. 11392
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA WAIVING CERTAIN FEES ON A TEMPORARY BASIS TO
FURTHER STIMULATE ECONOMIC RECOVERY
WHEREAS, on June 8, 2021, the City Council adopted Emergency Ordinance
No. 2673, establishing Santa Monica Municipal Code Chapter 6.40, which implemented
the Santa Monica Outdoors Pilot Program, continued the authorization provided in the
City’s supplements to its declaration of the existence of a local emergency for eligible
businesses temporarily to use certain outdoor public property for dining and other
business activities, and authorized the City Council to set charges by resolution to reflect
the use of the outdoor public property; and
WHEREAS, Santa Monica Municipal Code Section 9.31.200 allows outdoor
dining on the public right of way as a way to enhance the pedestrian ambiance of the
City; and
WHEREAS, Santa Monica Municipal Code Section 2.72.010 authorizes the
imposition of charges for private use of public property; and
WHEREAS, Santa Monica Municipal Code Section 2.72.020 authorizes setting
such charges by resolution; and
WHEREAS, on June 8, 2021, the City Council adopted Resolution No. 11339,
which, among other things, (1) waived until December 31, 2021 the monthly license fee
that restaurants are required to pay pursuant to their respective outdoor dining license
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agreements with the City under Santa Monica Municipal Code Section 9.31.200 and
(2) established fees for the Santa Monica Outdoors Pilot Program that are to commence
no earlier than January 1, 2022 and following at least 30 days’ notice provided to eligible
businesses with a Santa Monica Outdoors Pilot Program permit; and
WHEREAS, on June 8, 2021, the City Council adopted Resolution No. 11340,
which re-set the outdoor dining licensing fee for licenses issued pursuant to Santa Monica
Municipal Code 9.31.200 so that the rate in 2022 shall be the same as the rate in 2020,
and that annually thereafter, commencing on January 1, 2023, such fees shall be adjusted
by the change in the Consumer Price Index; and
WHEREAS, the City has an important government interest in maintaining a thriving
business community and protecting the health, safety, and economic welfare of its
citizens and businesses; and
WHEREAS, businesses, and particularly restaurants, have suffered significant
economic hardships as a result of the COVID-19 pandemic and the threat of new variants
and potential surges in the future continues to create much u ncertainty in terms of
economic recovery; and
WHEREAS, to stimulate economic recovery, the City Council desires to waive until
June 30, 2022 the monthly license fees that restaurants are required to pay pursuant to
their respective outdoor dining license agreements and the monthly license fee for use of
outdoor public property pursuant to the Santa Monica Outdoors Pilot Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
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SECTION 1. From the effective date of this resolution until June 30, 2022, the
City waives the monthly license fee that restaurants are required to pay pursuant to their
respective outdoor dining license agreements with the City under Santa Monica Municipal
Code Section 9.31.200. Thereafter, restaurants shall resume paying their respective
monthly outdoor licensing fees according to the fees established by Resolution
No. 11340.
SECTION 2. From the effective date of this resolution until June 30, 2022, the City
waives the monthly license fee to eligible businesses with a Santa Monica Outdoors Pilot
Program permit for the use of public property pursuant to Santa Monica Municipal Code
Chapter 6.40. Thereafter, to the extent the City Council extends Chapter 6.40 beyond
June 30, 2022, the monthly license fee to eligible businesses with a Santa Monica
Outdoors Pilot Program permit for the use of public property shall be the same as those
set forth in Section 1 of Resolution No. 11339 and the City shall provide 30 days’ notice
to eligible businesses prior to imposing such a fee.
SECTION 3. The waiver of fees by this resolution shall be effective immediately
upon adoption of this resolution.
SECTION 4. If there are any conflicts between the fees waived in this resolution
and fees waived by any prior resolution, the waiver of fees pursuant to this resolution shall
control.
SECTION 5. The City Clerk shall certify to the adoption of this resolution and
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thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_______________________
JOSEPH LAWRENCE
Interim City Attorney
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Adopted and approved this 14th day of December 2021.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that Resolution No. 11392 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 14th day of December 2021, by the
following vote:
AYES: Councilmembers Brock, Davis, De la Torre, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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