SR 05-24-2022 7A
City Council
Report
City Council Meeting: May 24, 2022
Agenda Item: 7.A
1 of 1
To: Mayor and City Council
From: Susan Cola, Interim City Attorney, City Attorney's Office
Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica
Municipal Code Section 6.40.050 to Extend the Term of the Santa Monica
Outdoors Pilot Program
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Executive Summary
At its meeting of May 10, 2022, the City Council adopted for first reading an ordinance
amending Santa Monica Municipal Code Section 6.40.050 to extend the term of the
Santa Monica Outdoors Pilot Program.
The ordinance is now presented to the City Council for adoption.
Prepared By: Heidi Von Tongeln, Deputy City Attorney
Approved
Forwarded to Council
Attachments:
A. 2022.05.24_Ordinance extending 6.40.050 2d read
7.A
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City Council Meeting: May 24, 2022 Santa Monica, California
ORDINANCE NUMBER ___________(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
7.A.a
Packet Pg. 467 Attachment: 2022.05.24_Ordinance extending 6.40.050 2d read [Revision 2] (5146 : Second Reading Ordinance to Extend Santa Monica
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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 such
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
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Packet Pg. 468 Attachment: 2022.05.24_Ordinance extending 6.40.050 2d read [Revision 2] (5146 : Second Reading Ordinance to Extend Santa Monica
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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
7.A.a
Packet Pg. 469 Attachment: 2022.05.24_Ordinance extending 6.40.050 2d read [Revision 2] (5146 : Second Reading Ordinance to Extend Santa Monica