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O27051 City Council Meeting: May 24, 2022 Santa Monica, California ORDINANCE NUMBER 2705 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 6.40.050 TO EXTEND THE TERM OF THE SANTA MONICA OUTDOORS PILOT PROGRAM 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 and continued the authorization originally 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 WHEREAS, the Santa Monica Outdoors Pilot Program is set to expire on June 30, 2022; and WHEREAS, staff is in the process of working on a permanent parklet program and anticipates returning to Council on June 28, 2022 with a new program to replace the Santa Monica Outdoors Pilot Program that would be adopted by ordinance and go into effect by late summer 2022; 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, extending the term of the Santa Monica Outdoors Pilot Program to September 30, 2022 will facilitate business recovery, generate increased sales tax DocuSign Envelope ID: 1D573328-5152-42D6-93C0-7BACA8355172 2 revenue for the City, and provide City staff the time necessary to develop and bring to Council a permanent parklet program as well as transition interested businesses to, as applicable, the new parklet program or a sidewalk dining permit and license agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 6.40.050, Pilot program term, is hereby amended to read as follows: 6.40.050 Pilot program term. Permits issued pursuant to this Chapter shall terminate and be of no further force or effect beyond September 30, 2022, unless otherwise extended or terminated earlier by the City at its discretion and consistent with any noticing requirements set forth in the administrative regulations or the licensing agreement between the City and the eligible business. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of s uch 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 DocuSign Envelope ID: 1D573328-5152-42D6-93C0-7BACA8355172 3 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: _______________________ SUSAN Y. COLA Interim City Attorney DocuSign Envelope ID: 1D573328-5152-42D6-93C0-7BACA8355172 Approved and adopted this 24th day of May, 2022. _____________________________ Kristin McCowan, Mayor Pro Tem 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. 2705 (CCS) had its introduction on May 10, 2022 and was adopted at the Santa Monica City Council meeting held on May 24, 2022, by the following vote: AYES: Councilmembers Brock, Davis, de la Torre, Negrete, Parra, Mayor Pro Tem McCowan NOES: None ABSENT: Mayor Himmelrich ATTEST: _____________________________________ _________________ Denise Anderson-Warren, City Clerk Date A summary of Ordinance No. 2705 (CCS) was duly published pursuant to California Government Code Section 40806. DocuSign Envelope ID: 1D573328-5152-42D6-93C0-7BACA8355172 6/1/2022