Agenda Item No: 5.a Meeting Date: November 20, 2017 Department: Public Works SAN RAFAEL CITY COUNCIL AGENDA REPORT Prepared by: Bill Guerin, Director of Public Works TOPIC: IMPLEMENTATION OF PARKING TIME LIMITS City Manager Approval: File No.: 18.06.72 SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE SECTIONS 5.40.030, 5.12.090 AND 5.48.020 REGARDING TIME- LIMITED PARKING ON CITY STREETS RECOMENDATION: Conduct a public hearing, introduce, and pass to print an ordinance amending Section 5.40.030 Use of streets for storage of vehicles prohibited, Section 5.12.090 When vehicles may be removed from streets, and Section 5.48.020 Compliance with signs or curb markings of the San Rafael Municipal Code. BACKGROUND: Earlier this year, the City hired a consultant, W-trans, to study the parking availability in East San Rafael as there have been many issues and complaints related to parking in that area of the City. W-trans prepared a report dated May 11, 2017. The City Council held a Study Session on September 18, 2017 to hear the results of the report, receive input from the community, and provide direction to staff. At the end of the Study Session, the City Council directed staff to pursue short-term strategies as recommended by W-trans to address the issues in San Rafael. Short-term strategies in the report included time-limited parking, public/private off-street parking partnerships, and expansion of transit service and City staff is pursuing each of these. W-trans recommends that in residential areas, parking could be restricted to 24 continuous hours rather than the City s current maximum of 72 hours, after which time the vehicles would have to be moved. In commercial areas, vehicle would have to be moved after four hours. In order to implement time-limited parking within areas of the City, amendments to the Municipal Code are necessary. While the underlying authority exists for time-limited parking, the authority to enforce these time limits and remove vehicles if necessary currently does not exist. ANALYSIS: As detailed below, in order to implement the Council s directives, staff recommends that several amendments be made to the City s current parking regulations. These amendments will result in changes that allow for the immediate enforcement of parking limits by defining the distance a vehicle must move, and for how long it must be moved, in order to not be FOR CITY CLERK ONLY File No.: Council Meeting: Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 considered stored on the City street. The amendments will also allow enforcement of time limited parking 24 hours per day rather than the current 7 a.m. to 7 p.m. enforcement limitation. The City will not begin enforcing the new hour time limits in specific neighborhoods such as East San Rafael (as the recommended code revisions below seek), until proper signage has been installed. Once staff has determined the signage requirements and installed the appropriate signage, staff will seek approval from the City Council to begin actual enforcement in specific neighborhoods. Current Municipal Code: The Municipal Code currently prohibits the use of streets for storage of vehicles per section 5.40.030 which states: (a) No person who owns or has possession, custody or control of any vehicle shall park or leave the vehicle standing upon any street or alley for seventy-two (72) or more consecutive hours. (b) In the event a vehicle is parked or left standing upon a street or alley for seventy-two (72) or more consecutive hours, any member of the police department of the city of San Rafael, or any department of management services employee assigned to the enforcement of parking laws and regulations, may remove the vehicle from the street or alley in the manner and subject to the requirements of the California Vehicle Code. The Municipal Code provides for towing of vehicles parked in violation of parking limits in certain situations. Section 5.12.090 states, in pertinent part: Any regularly employed and salaried officer of the police department, or management services employee assigned to the enforcement of parking laws and regulations, may remove or cause to be removed: (a) Any vehicle that has been parked or left standing upon a street or highway for seventy-two or more consecutive hours. (b) Any vehicle which is parked or left standing upon a street or highway between the hours of seven a.m. and seven p.m. when such parking or standing is prohibited by ordinance or resolution of this city and signs are posted giving notice of such removal. The Municipal Code also provides for restriction on stopping, parking, and standing where signs and curb markings give notice. Section 5.48.020 states: When authorized signs or curb markings giving notice of parking regulations, restrictions or prohibitions as in this title provided, are in place, no person shall stop, park or leave standing any vehicle upon any street or alley, at any time or in any manner forbidden or contrary to said signs or markings. Under Sections 5.40.030 and 5.12.090(a), the maximum time limit for any vehicle to be parked on any street in San Rafael is 72 hours, and the City may cause vehicles to be towed when that time has expired even without signs giving notice of the possibility of towing. A common problem for Parking Enforcement Officers is that at the end of the maximum time period, the vehicle is moved only a few feet, or even inches to start a new maximum time period running, but the vehicle is effectively continuing to being stored on that street.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Additionally, in posted time-limited parking (e.g. 2-hour parking) zones, if signs are posted giving notice that vehicles in violation of the limit may be towed, the City may cause vehicles to be towed when the specified time limit has expired, but only between the hours of 7:00 a.m. and 7:00 p.m. Recommended Amendments: Amending sections 5.12.090, 5.40.030, and 5.48.020 will allow staff to modify and better enforce parking time limits in the City as additional regulation is needed based on demand. It is important to note that in areas not posted by the City Traffic Engineer, the city wide 72 hour maximum parking time limit is unaffected. This ordinance change will allow more effective enforcement by defining how far a vehicle must move, and for how long, to not be considered stored. The amendment to Section 5.40.030 will require vehicles to be moved out of the block face after the expiration of the 72 hour designated parking period. The current ordinance language does not specify that vehicles be moved outside the current block after expiration of the designated parking time period. Currently, some vehicles will move within the same block, and even only feet or inches from the prior location, not reducing parking congestion in that block, and circumventing the intent of the prohibition of vehicle storage. The current amendment would facilitate increased parking enforcement in the 72 hour parking zone and higher parking turnover rates. The block face is defined as the block that is bordered by an intersection at each end. Both sides of the street are included in the block face. It should be noted that amendment of section 5.40.030 was not presented in the East San Rafael Study however staff deemed it necessary to clarify the section to allow for better enforcement city-wide for vehicles that are stored on City streets. It is recommended Section 5.40.030 be revised as follows: (a) No person who owns or has possession, custody or control of any vehicle shall park or leave the vehicle standing upon any street or alley for seventy-two (72) or more consecutive hours. For purposes of this section, a vehicle will be deemed to have been parked or left standing for longer than the time allowed if it has not been moved at least out of the block face after the expiration of the designated time period. A block face is defined as the block in which the vehicle is parked, bordered by an intersection at each end. A vehicle may not return to the same block face sooner than two hours following the expiration of the initial time period. (b) In the event a vehicle is parked or left standing upon a street or alley for seventy-two (72) or more consecutive hours, any member of the police department of the city of San Rafael, or any department of management services employee assigned to the enforcement of parking laws and regulations, may remove the vehicle from the street or alley in the manner and subject to the requirements of the California Vehicle Code. It is recommended Section 5.12.090(b) be amended to include the following sub-section: Any regularly employed and salaried officer of the police department, or management services employee assigned to the enforcement of parking laws and regulations, may remove or cause to be removed: (a) Any vehicle that has been parked or left standing upon a street or highway for seventy-two or more consecutive hours. (b) Any vehicle which is parked or left standing upon a street or highway between the hours of seven a.m. and seven p.m. when such parking or standing is prohibited by ordinance or
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 resolution of this city and signs are posted giving notice of such removal. Any vehicle which is parked or left standing upon a street or highway for longer than the posted parking time limit, where signs are posted giving notice of such removal. Amendment to Section 5.12.090(b) removes the time restriction on removing vehicles in violation of this section and expands authority for removal. The amendment would give designated City employees (e.g., police officer, parking enforcement officers) assigned to the enforcement of parking laws and regulations the ability to remove vehicles that are stored longer than the posted time limits at the time they exceed the time limit, and not only between the hours of seven a.m. and seven p.m. as currently written. Currently, California Vehicle Code 22651 (K) allows for vehicle removal after 72-hours of consecutive storage. Amending the current sections of the municipal code stated above will give the City the authority to remove vehicles that are stored for longer than the posted storage time limit which may be less than 72-hours pursuant to recommended Section 5.48.040 detailed below, and remove the limitation on removal to only between the hours of seven a.m. and seven p.m.. It is also recommended to amend Section 5.48.020, to read as follows: When authorized signs or curb markings giving notice of parking regulations, restrictions or prohibitions as in this title provided, are in place, no person shall stop, park or leave standing any vehicle upon any street or alley, at any time or in any manner forbidden or contrary to said signs or markings. Where the traffic engineer has specifically required that a vehicle be removed from the block face at the expiration of a posted time period, the posted signs shall give notice of the requirement to remove the vehicle from the block face. For purposes of this Section, a block face is defined as the block in which the vehicle is parked, bordered by an intersection at each end, and a vehicle may not return to the same block face sooner than two hours following the expiration of the initial time period. The addition of section 5.48.020 clarifies that parking for more than the posted time limit is prohibited when marked on curb or sign by the City Traffic Engineer. It furthermore requires that the sign shall give notice of the block face requirement in order to remove vehicles. Similar to the recommended amendment to Section 5.40.030, 5.48.020 requires a vehicle to be moved outside a block face after the designated parking time period is expired if signs are posted advising of this requirement. This will facilitate enforcement of parking restrictions in designated areas and ensure that motorists are aware of the requirements in the zones in which they are parking. FISCAL IMPACT: The adoption of the proposed ordinance is not anticipated to have an immediate fiscal impact. However, the implementation of additional signage and enforcement will introduce costs to the City. The total cost of additional signage has not been determined. OPTIONS: 1. Introduce and pass to print (with any requested modifications) the ordinance amending Sections 5.12.090, 5.40.030, and 5.48.020 of the San Rafael Municipal Code regarding parking time limits. 2. Continue action for additional information in response to Council comments and concerns. 3. Deny approval of the proposed ordinance; provide direction to staff. RECOMMENDATION: 1. Open the public hearing and accept public testimony on the proposed ordinance 2. Close the public hearing 3. Pass the Ordinance (Attachment 1) to print
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 ATTACHMENTS: 1. Proposed Ordinance 2. Public Hearing Notice
ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE SECTIONS 5.40.030, 5.12.090 AND 5.48.020 REGARDING TIME- LIMITED PARKING ON CITY STREETS WHEREAS, the City Council wishes to preserve the safety and attractiveness of the City s streets and the functionality for residents and businesses using those streets; and WHEREAS, public streets in the City of San Rafael are increasingly used to regularly or routinely park or store vehicles for extended periods of time, either for commercial or personal use; and WHEREAS, the City of San Rafael has seen an increase in the number of complaints of stored vehicles and low turnover rates of parked vehicles on public streets; and WHEREAS, the regular storage of vehicles on City streets often creates increased demand for parking spaces, thus creating hazards to vehicular and pedestrian travel and reducing effective ingress and egress of emergency service vehicles when motorists park in areas where parking is prohibited; and WHEREAS, San Rafael Municipal Code Section 5.48.010 authorizes the City Traffic Engineer to regulate, restrict, or prohibit parking upon specified streets and during specified hours; and WHEREAS, the City Council finds that implementing time limited parking restrictions in some areas that currently have seventy-two (72) hour limits and giving the City additional powers to enforce such restrictions will decrease the number of vehicles stored on City streets while also reducing spillover of stored and parked vehicles into commercial/business areas that rely on parking for customers and employees; and WHEREAS, the amendments to the San Rafael Municipal Code adopted herein will facilitate the City s ability to effectively enforce its time limited parking restrictions; and WHEREAS, the City Council finds that adoption of this ordinance would provide limitations on the use of public streets for parking, and is therefore categorically exempt from environmental review pursuant to the California Environmental Quality Act ( CEQA ) Guidelines Section 15301 concerning the operation or minor alteration of existing public facilities involving negligible or no expansion of use; 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1: AMENDMENT. Section 5.40.030 of the San Rafael Municipal Code, entitled Use of streets for storage of vehicles prohibited is hereby amended to read in its entirety as follows: (a) No person who owns or has possession, custody or control of any vehicle shall park or leave the vehicle standing upon any street or alley for seventy-two (72) or more consecutive hours. For purposes of this section, a vehicle will be deemed to have been parked or left standing for longer than the time allowed if it has not been moved at least out of the block face after the expiration of the designated time period. A block face is defined as the block in which the vehicle is parked, bordered by an intersection at each end. A vehicle may not return to the same block face sooner than two hours following the expiration of the initial time period. (b) In the event a vehicle is parked or left standing upon a street or alley for seventytwo (72) or more consecutive hours, any member of the police department of the city of San Rafael, or any department of management services employee assigned to the enforcement of parking laws and regulations, may remove the vehicle from the street or alley in the manner and subject to the requirements of the California Vehicle Code. DIVISION 2: AMENDMENT. Section 5.12.090 of the San Rafael Municipal Code, entitled When vehicles may be removed from streets is hereby amended to read in its entirety as follows: Any regularly employed and salaried officer of the police department, or any department of management services employee assigned to the enforcement of parking laws and regulations, may remove or cause to be removed: (a) Any vehicle that has been parked or left standing upon a street or highway for seventy-two or more consecutive hours. (b) Any vehicle which is parked or left standing upon a street or highway for longer than the posted parking time limit, where signs are posted giving notice of such removal. (c) Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities or where the use of the street or highway or any portion 2
thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four (24) hours prior to the removal. DIVISION 3: AMENDMENT. Section 5.48.020 of the San Rafael Municipal Code, entitled Compliance with signs or curb markings, is hereby amended to read in its entirety as follows: When authorized signs or curb markings giving notice of parking regulations, restrictions or prohibitions as in this title provided, are in place, no person shall stop, park or leave standing any vehicle upon any street or alley, at any time or in any manner forbidden or contrary to said signs or markings. Where the traffic engineer has specifically required that a vehicle be removed from the block face at the expiration of a posted time period, the posted signs shall give notice of the requirement to remove the vehicle from the block face. For purposes of this Section, a block face is defined as the block in which the vehicle is parked, bordered by an intersection at each end, and a vehicle may not return to the same block face sooner than two hours following the expiration of the initial time period. DIVISION 4: SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. DIVISION 5: PUBLICATION; EFFECTIVE DATE. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of the Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. 3
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance. ATTEST: GARY O. PHILLIPS, Mayor ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 20th day of November 2017, and was ordered passed to print by the following vote, to wit: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 4 th day of December, 2017. ESTHER C. BEIRNE, City Clerk 4