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Home My WebLink AboutStaff Report 5.C 05/06/2013 A< —enda/Iteww#5.0 cc,p, 4 Palk .7 W n n 185x' DATE: May 6, 2013 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Patrick Williams, Police Chief ■ SUBJECT: Introduction (First of an Ordinance Amending Section 11.12.150 of the Petaluma Municipal Code to Permit Vehicle Code Enforcement on Private Property Located at,the'Golden Eagle, "River Plaza", Delaware LLC Shopping Center(managed by Basin StreetProperties)-Parking Lot,'Bound by E Washington St, Weller'St, and the Petaluma River. RECOMMENDATION It is recommended that theCity Council introduce an Ordinance Amending Section 11.12.150 of the Petaluma Municipal Code to Permit Vehicle Code Enforcement on Private Property Located at the Golden Eagle, "River Plaza, Delaware LLC Shopping Center (managed by Basin Street Properties) Parking Lot, Bound by E Washington St, Weller St,and the Petaluma River. BACKGROUND The City of Petaluma currently allows,parkingenforcement on privately owned properties upon request by the property owner and by following certainhrequired procedures as outlined in the California Vehicle Code. Section.11.12.150 of the Petaluma Municipal.Code lists thirteen (13) private facilities or off-street parking areas on which the Public Safety or Parking Enforcement Division currently enforce the California Vehicle Code. On,April 27, 2012, Basin.Street Property Management requested'that the City of Petaluma enforce parking at the River,Plaza shopping center lot due to local residents parking there for extended,periods.of time, thus'reducing customer parking for shopping center tenants. DISCUSSION California Vehicle Code Section 21107.8 allows forprivatelyowned-and maintained off-street parking facilities to be enforced by a public agency under certain conditions and actions. First, proper signage must be installed at the entrance of each private parking facility noticing that the off-street parking:facility is subject to public traffic regulations and control. 'In addition,a public hearing must'be held with ten:days prior-noticeito the owner and operator of the privately owned and maintained off street parking facility'involved. Agenda Rev - City Attorney Finance Director City Manager `/�' I • The City's Municipal Code'S'ection 11.12150 Private Facilities Identified, currently lists approved privately owned off-street parking-facilities on which the Vehicle Code is enforced. This ordinance would add the above location to the list. FINANCIAL IMPACTS The cost of providing additional.parking,enforcement to the River Plaza shopping center parking lot should be minimal. By enforcing the Vehicle Code bn the private property, the City will retain all parking revenues generated and use those funds for parking related costs or other general services as authorized'by the City Manager. Any cost will.be_off-set by the new revenues generated by parking fines and citations originating from the area. Adding the privately owned off-street parking facility to the City's parking enforcement coverage area does not require additional police or fire department patrol or other enforcement (not covered by VC section•21107.8)rto this privately owned facility. In addition, all parking citation revenues and fees will be deposited into the City's account to be used for parking enforcement or other general-purpose expenditures. ATTACHMENTS 1. Draft Ordinance 2. Letter of Request from Golden Eagle Delaware LLC 3. DMV Vehicle Code Section: 21107.8 Attachment 1 ORDINANCE NO. AMENDING SECTION 11.12.150 OF THE PETALUMA MUNICIPAL CODE TO PERMIT VEHICLE CODE.ENFORCEMENT ON PRIVATE PROPERTY AT THE GOLDEN"EAGLE,"RIVER PLAZA;" DELAWARE LLC SHOPPING CENTER MANAGED BY BASIN STREET PROPERTIES (AP#007-142-026) BOUNDED BY E WASHINGTON ST, WELLER, AND THE PETLAUMA RIVER WHEREAS, the Golden Eagle Delaware LLC/Rivver Plaza ownership has requested the Petaluma Police Department obtain lawful authorization to enforce Vehicle Code provisions on a private parking lot pursuant to California Vehicle Code (CVC) section 21107.8 ; and WHEREAS,the Golden Eagle Delaware LLC/River Plaza Owners are requesting this enforcement to mitigate public safety and traffic concerns, and CVC section 21107.8 allows the City to adopt this authority by ordinance; and WHEREAS, the Golden Eagle Delaware LLC/River Plaza Owners understand they are responsible for the appropriate placement of signs and ongoing maintenance associated with signs on the private property in accordance with CVC section:21107.8, subdivision (b); and WHEREAS, Police Departmentstaff have been;informed that:the Golden Eagle Delaware LLC/River Plaza owners.will be issuing and distributing parking permits to the River Plaza Center business owners and their employees for extended parking periods; and WHEREAS, the Golden Eagle Delaware LLC/River Plaza owners have been informed that no specific commitment for Police, Fire, or Parking Enforcement services is involved in the proposed amendment to permit CVC enforcement on the Golden Eagle Delaware LLC/River Plaza; and WHEREAS; the Golden Eagle Delaware LLC/River Plaza owners have been informed that all enforcement revenues, fines or fees will°be,retained by the City to be used at its discretion in its general fund operations; and WHEREAS, in accordance with CVC section 21107.8, subdivision (c), written notice was given to the owners and operators of the Golden Eagle Delaware LLC/River Plaza of a public hearing on possible enforcement of the CVC on such property to be held on May 6, 2013; and WHEREAS,thePetaluma City a public hearing on possible enforcement of the CVC on the Golden Eagle Delaware LLC/River Plaza on May 6, 2013; 3 NOW, THEREFORE, BE IT ORDAINED bythe Council of the City of Petaluma as follows: Section 1: Petaluma Municipal Code section 11.12.150 is hereby amended to authorize enforcement of the California Vehicle Code on specified private property pursuant to California Vehicle Code Section 21107.8,by adding the following; n) The Golden Eagle Delaware LLC/River?Plaza shopping center parking lot (AP#007-142-026) Bounded by E Washington Street, Weller Street, and the Petaluma i River. Section 2: If any section, subsection, sentence; clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise:invalid by a court of competent jurisdiction, or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or More of said'provisions be declared unconstitutional, unlawful or otherwise invalid. Section 3: This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 4: The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner required by the City Charter and any other applicable law. INTRODUCED and ordered published this 6th'day of May 2013. ADOPTED this day of May 2013 by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk • • • Attachment 2 r ,> BASINSTREET tel 707 795-4477 fax 707 795-628.3 ' I April27,2012 Lieutenant Tim Lyons Petaluma,Police Dept. . 969 Petaluma Blvd., N. Petaluma,CA 94952 RE: 2-80 E.Washington,Street/Golden:Eagle Shopping Center Parking Enforcement Policy Dear Lt. Lyons, In our efforts to keep violators from parking in the Golden Eagle Shopping Center for more than the allotted 2 hour time limit, Basin Street Properties is implementing a,new Parking Permit program.The ' Golden Eagle Business owner's all have parking decals on their vehicles and are allowed to park longer than the 2 hour limit.Any vehicles,parked over the 2 hour limit and not having the proper parking decals . shall be ticketed. we are now,requesting the City's assistance with this program by having the Petaluma . Police Department monitor the parking lot and ticket those who are parked over 2 hours. • The parking lot has the proper signage indicating the 2 hour parking limit. In addition,we will be placing, at each entrance and exit,`temporary:notices:to alert customers of the new policy. We Will begin monitoring the lot'May,ft and hope that the City can take over shortly thereafter: • We appreciate your assistance with this and in the;meantime,if there is anything further you require. please contact me directly at(707)778 1900. Cordially, • • v T Erinne"Mickle Property Manager Basin Street Properties cc: Paul Andronico, Esq. , • • • • 1383 N.McDowell Blvd.Suite 200 Petaluma,CA 949,54 1 W W W.BASIN-STREET.COM 1 • 1 • Attachment 3 V C Section 21107.8 Private Parking Facilities • Private Parking Facilities • 21107.8. (a)Any city or county.may, by ordinance or resolution,find and declare that there are privately owned and maintained offstreet parking facilities as described in theordinance or resolution within the city or county that are generally held open for use of the public for purposes of vetiiculat parking..Upon enactment by a city or county of the ordinance or resolution,Sections 22350, 23103, and 23109 and the provisions of Division 16.5 (commencing with Section 38000)shall apply to privately owned and maintained offstreet parking facilities, except as provided in subdivision (b). (b) Notwithstanding the provisions of subdivision (a), no ordinance.o •resolution enacted thereunder shall apply to any offstreet parking facility described therein unless the owneroroperator has caused to be posted in a conspicuous place at each entrance.to that offstreet parking facility a notice not less than 17 by 22 inches in size with lettering not less than one:inch in height, to the effect that the offstreet parking facility is subject to public traffic regulations and control. (c) No ordinance or resolution shall be enacted under.subdivision (d)without a•public hearing thereon and 10 days prior written notice to the owner and operator of the privately owned and maintained offstreet parking facility involved. (d) Section 22507.8 may be enforced without enactmentofan ordinance orresolution as required under subdivision (a) or the posting of a notice at each entrance to the offstreet parking facility as required under subdivision (b). (e)The department shall not be required to provide patrol or enforce any provisions of this code on any privately owned and maintained offstreet parking/facility subject to the,provisions of this code under this section except those provisions applicable to private property other than by action under this section. Amended Ch.975, Stets. 1982. Effective January 1, 1983. • • • •