REPORT TO THE CITY COUNCIL. Discussion of Preferential Parking Permit Program

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2 REPORT TO THE CITY COUNCIL DATE: Meeting of December 16, 2014 TO: SUBMITTED BY: SUBJECT: Mayor and Members of the City Council J. Patrick Tang, City Attorney Discussion of Preferential Parking Permit Program NOTE: What is being presented as part of a broader discussion on parking is a draft enabling ordinance that would allow the formation of preferential parking districts in the future. RECOMMENDED ACTION: Discuss City parking needs, and the Public Safety/Traffic Subcommittee s proposed ordinance to create a Preferential Parking Permit Program. Provide direction to staff. COMMITTEE/SUBCOMMITTEE ACTION AND RECOMMENDATION: The Public Safety/Traffic Subcommittee approved submission of this item for full Council consideration. FISCAL IMPACT OF RECOMMENDATION: There would be no ongoing costs if the Council were to approve the enabling ordinance for adoption, although there would be some staff time associated with developing the petition forms and the administrative protocols for processing petition requests. There would be costs associated with consideration and/or approval of a proposed parking district. Staff would have to form recommendations regarding proposed parking district boundaries, provide notice to impacted businesses and residences, and prepare the necessary staff reports and legislation required for Council review and consideration. Once a parking district is established, there would be ongoing costs related to the expense of posting signs, printing permit stickers, administering the permit program, and providing enforcement. It is not possible to estimate the costs in advance, as the costs would depend on a Page 1

3 number of variables, including the size of the proposed district, the cost of permits, the amount of signage required, and the amount of resources put into enforcement of the regulations. BACKGROUND: On or about September 22, 2014, at the direction of the full Council, the City Council Public Safety/Traffic Subcommittee reviewed the prior 2007 Resolution of Council that established principles for a parking policy, as well as a subsequent draft proposal for the creation of a Parking Authority with various powers, including the authority to acquire and operate off-street parking facilities, etc. Although I did not attend the September 22 meeting, it was reported to me that there was consensus on the Subcommittee that the creation of a Parking Authority pursuant to the original 2007 proposal was not practical, given the size of our City and the resources available, and that the 2007 proposal was, on balance, too complex and unwieldy. The Subcommittee expressed a preference for a simpler proposal for regulating parking in residential areas, and requested that the City Attorney prepare a simplified policy that would allow for adoption of parking restrictions in designated areas of the City, without the need for a Parking Authority. The Subcommittee requested that the restrictions be flexible enough to allow for simple hourly parking limitations, or for permitted parking, depending on the needs within the proposed parking district. The Subcommittee further directed that the simplified policy should provide that any parking permits that may be issued could not be sold or transferred. In response to the direction received from the Subcommittee, I surveyed a number of California general law cities that have established preferential parking programs pursuant to state law authority, and identified various examples that met the parameters outlined by the Subcommittee. On October 27, 2014, I presented the Subcommittee with a draft preferential parking program ordinance modeled in large part after programs adopted recently by other small cities in California. The Subcommittee discussed the draft parking permit ordinance at their October 27 meeting, with further discussions taking place at the Subcommittee s meeting of November 18, The Subcommittee approved of the concept of providing by ordinance the authority to create parking districts on an as needed basis via citizen petition or alternatively, by direct Council action. The Subcommittee recommended several revisions to the initial proposal, which are included in the attached draft. The Subcommittee requested that the draft, with the requested changes, be presented to the full Council for discussion and direction. The Subcommittee s changes to the original draft are indicated in redline and strike-out, see Attachment 1. DISCUSSION: California Vehicle Code Section provides the legal authority for a general law city to establish a preferential parking permit program. The draft ordinance included with this report as Attachment 1 would provide the Council authority to establish one or more preferential parking districts within the city by resolution of the Council, or in the alternative, allow for the Page 2

4 consideration by the Council of a petition to create a preferential parking district when signed by two thirds or more of property owners and lessees within the intended district. Once a parking district has been approved, permits would be issued to qualifying property owners and lessees within the district. The permits would not be transferrable and could not be sold. Guest permits might be allowed. Signs would be posted to provide adequate notice of restrictions. A district could be dissolved using the same process by which districts are created. The details for each district (cost of permits, hours of restriction, guest permit process, etc.) would be worked out in the terms of the resolution establishing the district. The draft ordinance simply establishes the framework and legal authority to create the districts. It should be noted that with the construction of the Town Centrale and Sycamore Crossing developments at San Pablo and Sycamore Avenues, there will likely be the need to regulate parking within the vicinity of these developments. Although not the only way to regulate parking, enacting a preferential parking permit program would provide a means for establishing area specific parking districts to address parking needs resulting from new developments within the City. ATTACHMENTS: Attachment 1 Draft Ordinance establishing a Preferential Parking Program Page 3

5 Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES ESTABLISHING A PREFERENTIAL PARKING PROGRAM WHEREAS, California Vehicle Code Section provides that cities may establish preferential parking programs; and WHEREAS, due to increased demand for street parking in various areas of the City, the City of Hercules desires to provide reasonable access to parking for residents by establishing a local preferential parking program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITYOF HERCULES DOES ORDAIN AS FOLLOWS: SECTION 1. Title 3 of the Hercules Municipal Code is hereby amended with the addition of Chapter 4, Article 17, Preferential Parking Program as follows: PREFERENTIAL PARKING PROGRAM Definitions Establishment of districts Issuance of permits Posting signs in preferential parking districts Exemption from parking restrictions Vehicles excepted from this chapter Application for and term of permit Prohibited activities Permit revocation Guest permits Dissolving a district. 1

6 Penalties Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) "Residence" means a house, apartment, condominium, mobile home or other type of dwelling, in conformance with the city's zoning ordinance and related zoning maps, having an address assigned consistent with the house numbering maps maintained by the city. An apartment having numbers or letters assigned in addition to the street address shall be deemed to be a residence. (b) "Guest" means any person visiting or intending to visit, for any purpose, either a resident or merchant located in a preferential parking district. (c) "Merchant" means a person who, as proprietor, operates a commercial business involved in the retailing of goods or services within a preferential parking district. (d) "Permit" means a permit issued to an individual to park in a preferential parking district in the city. (e) "Preferential parking district" or "district" means certain streets or portions thereof, including residences and businesses adjacent thereto, designated by the resolution establishing the district, wherein vehicles displaying a valid permit applicable to that district shall be exempt from parking restrictions established pursuant to this chapter. (f) "Resident" means a person who lives in a residence located in a preferential parking district Establishment of districts. 2

7 The City Council may by resolution, upon first convening a public hearing and providing notice to property owners of record and/or lawful lessees of properties within 300 feet of the proposed preferential parking district, designate a street or streets, or portions thereof, together with residences and/or businesses adjacent thereto, as a preferential parking district. The proposal to create a preferential parking district may be at the City Council s discretion or upon receipt of a petition signed by no less than two-thirds of all property owners of record and/or lawful lessees of properties comprising all developed frontage of the street or streets proposed for designation. Any person signing such a petition may be required to provide satisfactory evidence that he or she satisfies the requirements of this section Issuance of permits. (a) (b) (c) Permits shall be issued by the director of public works City Manager or his or her designee. Each permit issued shall remain property of the city at all times. The number of permits to be issued to any one residence or to any merchant's business establishment, including its employees, shall be determined by the number of residents and merchants, as well as the parking conditions within each district, and shall be set forth in the resolution establishing the district. Permits may be issued only to the following persons: residents, merchants, employees of merchants, or guests within specified districts Posting signs in preferential parking districts. Upon the adoption by the city council of a resolution designating a preferential parking district and the specific parking regulations applicable thereto, the city manager shall cause signs to be erected in the district, indicating prominently thereon the parking restrictions and the fact that motor vehicles with valid permits shall be exempt therefrom Exemption from parking restrictions. (a) A motor vehicle displaying a valid permit affixed to the vehicle's interior rear-view mirror, or displayed as otherwise directed by the director of public works, may park or be parked in the district for which the permit is issued without 3

8 being subject to parking restrictions in this chapter or the resolution establishing the preferential parking district; provided, however, that nothing herein shall affect or excuse a violation of any other provision of this code, the California Vehicle Code, the Streets and Highway Code, or any other laws applicable to the parking of motor vehicles. (b) A preferential parking permit shall not guarantee or reserve to the permittee an on-street parking space within any district Vehicles excepted from this chapter. No person shall, without a permit, park any motor vehicle in a preferential parking district in violation of any parking restrictions set forth herein or in a resolution establishing a preferential parking district, excepting the following: (a) Repair, maintenance, refuse, utility, fuel or delivery vehicles doing business in the district. (b) Vehicles delivering life support and health commodities to residential areas or schools located in the preferential parking district. (c) Police vehicles and other public safety or emergency vehicles operated by or under the authority of a governmental entity while engaged in the performance of official duties. (d) Any other vehicle expressly authorized by law to park within the district, notwithstanding the provisions of this chapter Application for and term of permit. (a) Each person desiring to obtain a permit shall submit an application on such form as may be provided by the city, together with the filing fee as established by resolution of the city council. No permit shall be issued unless the applicant is at least eighteen years of age, possesses a valid California driver's license, and is a resident or merchant within the district to be established. Residency shall be established by a valid driver's license or at least two utility bills. Permit issuance is subject to terms and conditions as may be set forth in this chapter or in the resolution establishing the district. (b) Each permit shall be valid for the period set forth in the resolution establishing the district, and may be renewed in accordance with procedures set 4

9 forth in that resolution or in the manner provided for a new permit if no such procedures have been established Prohibited activities. (a) Unless exempted by provisions of this chapter, no person shall park a motor vehicle in any preferential parking district in violation of any parking restrictions set forth in this chapter or resolution establishing a preferential parking district. (b) No person shall falsely represent himself/herself as eligible for a parking permit or furnish false information in an application for a permit. (c) No permit issued pursuant to this chapter shall thereafter be assigned, transferred or used for any consideration, monetary or otherwise. Only the person to whom a permit has been issued or his/her minor child with a valid California driver's license or learner's permit may use the permit. This section does not apply to guest permits, which are governed by Section (d) No person shall copy, produce or create a facsimile or counterfeit parking permit, nor shall any person use or display a facsimile or counterfeit preferential parking district permit. (e) No person shall display a permit that has been revoked Permit revocation. (a) The permit of any permittee who has violated the provisions of subsection (b), (c) or (d) of Section may be immediately revoked upon written notice by the city of the permit revocation. Upon notification of such revocation, the permittee shall, within fifteen business days of the date of such notice, either surrender the permit or file a written request with the city clerk for a hearing before the city manager or his or her designee. (b) Any written request for a hearing must be received within said fifteen-day period to be considered timely, and upon receipt of a timely request, the revocation shall be stayed pending a final decision following the hearing. (c) A hearing shall be held by the city manager or designee, unless continued by agreement, no less than ten business days after the date notice of the hearing is mailed by first class mail, postage prepaid, to the permittee. At the hearing, 5

10 any person may present evidence or argument as to whether the permit should be revoked. (d) The city manager or designee, may give oral notice of the decision at the close of the hearing, or may send notice of the decision by mail to the permittee. The decision shall be final. If the decision to revoke is sustained following the hearing, the permittee shall, within twenty-four hours, surrender the permit to the city clerk. (e) Any revoked permit not timely surrendered shall immediately be deemed null and void, and of no force or effect. (f) No permittee who has had a permit revoked may re-apply for another permit for twenty-four months following the effective date of the revocation Guest permits. Any rules governing the issuance of guest permits shall be as set forth in the resolution establishing the district Dissolving a district. The procedures set forth in Section of this chapter shall be utilized by the city council in determining whether to dissolve a preferential parking district Penalties. (a) It shall be unlawful for any person including but not limited to the registered owner of the vehicle to violate any provision, or fail to comply with any of the requirements of subsections (a) through (e) of Section Any person violating any said subsections or failing to comply with any of their requirements shall be deemed guilty of an infraction, and upon conviction thereof shall be punishable by: (a) a fine not exceeding one hundred dollars for a first violation; (b) a fine not exceeding two hundred dollars for a second violation within one year; or (c) a fine not exceeding five hundred dollars for each additional violation within one year. Any person violating this chapter or causing or permitting a violation thereof shall be regarded as committing a separate offense on each day that the violation occurs or continues. 6

11 (b) Civil Remedies Available. A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. (C) The penalties in this section are not exclusive, and are in addition to any other lawful penalties pursuant to state or local law. 7

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