Loading...
HomeMy WebLinkAboutStaff Report 6.A 02/07/2005CITY OF PETALUMA, CALIFORNIA 6.A e /0 AGENDA BILL gbe �.ar� i i �iN Aeenda Title: Meetinfg ��r�o5 Introduce Ordinance amending Chapter 11.12.150. of the Petaluma February 7, 2005 Municipal Code authorizing vehicle code enforcement on private property located at: (a) The Theatre District Parking Garage and Meetine Time: © 3:00 PM (b) The Basin Street Town Center Parking Lot ❑ 7:00 PM Cateeory (check one): ❑ Consent Calendar ® Public Hearing ❑ New Business ❑ Unfinished Business ❑ Presentation Department: Director: Contact Person: Administrative Services Jo'se'h a.. N� iter, Joseph D. Netter Cost of Proposal: MinimalG Amount Budeeted: Off -set by new parking revenues Attachments to Aeenda Packet Item: 1. Ordinance 2. Staff Report 3. Letter Request from Basin Street Properties 4. DMV Vehicle Code Section: 21107.8 Summary Statement: Phone Number: 778-4352 Account Number: N/A Name of Fund: N/A Basin Street Properties has requested parking enforcement at two locations in the Petaluma Downtown area to assist in the parking and traffic flows in that area. They are requesting parkin enforcement at the existing private parking lot located at `B" Street between Petaluma Blvd. And 2" Street and the new Theatre District Parking Garage located at the comer of "C" Street, 151 Street, 2"d Street and "D" Street. The State Department of Motor Vehicles (DMV) Vehicle Code Section 21107.8 allows for privately owned 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 panting 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 written notice to the owner and operator of the privately owned and maintained off-street panting facility involved. The City's Municipal Code Chapter 11.12.150 Private Facilities Identified, currently lists existing approved privately owned off-street parking facilities. This ordinance adds the above two locations to the list. Adding the privately owned off-street panting facilities to the City's parking enforcement coverage area does not require police or fire department patrol or other enforcement (not covered by VC Section 21107.8) to this privately owned facilities. 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. Recommended Citv Council Action/Sueeested Motion: Introduce Ordinance amending Chapter 11.12.150 adding (a) Theatre District Panting Garage AP#008- 068-001,02,03) and (b) The Basin Street Town Center Parking Lot AP4008-065-002,03,04,05. for Vehicle Code Enforcement on Private Property by City Public Employee personnel. RevfieWed by Finance Director: Reviewed by City Attornev: ADDro by City Manaeer: 4/a,� teJAN Z 7 2005 Date: � Date: To&V Date: Revision 4 and Date Revised: File Code: CITY OF PETALUMA, CALIFORNIA. FEBRUARY 7, 2005 AGENDA REPORT FOR Ordinance Amending Chapter 11.12.150 of the City of Petaluma Municipal Code for Vehicle Code Enforcement of Private Property at: (a) The Theatre District Parking Garage (AP #008-068-001,2,3) Bound by C Street, 1" Street, 2nd Street and D Street; and (b) The Basin Street Town Center parking Lot (AP# 008-065-002,3,4,5) Adjacent to B Street between Petaluma BIvd. And 2nd Street 1. Executive Summary Basin Street Properties has requested parking enforcement at two locations in the Petaluma Downtown area to assist in the parking and traffic flows in that area. They are requesting parking enforcement at the existing private parking lot located at "B" Street between Petaluma Blvd, And 2nd Street and the new Theatre District Parking Garage located at the corner of "C" Street, I' Street, 2nd Street and "D" Street. The State Department of Motor Vehicles (DMV) Vehicle Code Section 21107.8 allows for privately owned 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 written notice to the owner and operator of the privately owned and maintained off-street parking facility involved. The City's Municipal Code Chapter 11.12.150 Private Facilities Identified, currently lists existing approved privately owned off-street parking facilities. This ordinance adds the above two locations to the list. Adding the privately owned off-street parking facilities to the City's panting enforcement coverage area does not require police or fire department patrol or other enforcement (not covered by VC Section 21107.8) to this privately owned facilities. . 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. 2. Backeround The City of Petaluma currently allows parking enforcement on privately owned properties upon request by the property owner and by following certain required procedures as outlined in the California Department of Motor Vehicles Codes. Chapter 11.12.150 of the Petaluma Municipal Code list ten (10) private facilities or off-street parking areas that the Public Safety or Parking Enforcement Division currently enforce. By enforcing 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. 3. Financial Imnacts The cost of providing additional parking enforcement to the new parking garage and the Theatre District parking lot should be minimal. Any costs will be off set by the new revenues generated by panting fines and citations originating from those areas. 4. Conclusion/Recommendation It is recommended that the City Council Introduce the presented Ordinance allowing for Vehicle Code enforcement on Private Property. This will assist in the traffic flows and parking space availability in the downtown and Theatre District areas. In addition, new parking citation revenues will be generated to support the program or other general fund functions. 5. Alternatives Do not adopt ordinance and do not authorize the parking enforcement on these two new private property locations. ORDINANCE NO. AMENDING CHAPTER 11.12.150 OF THE PETALUMA MUNICIPAL CODE FOR VEHICLE CODE ENFORCEMENT OF PRIVATE PROPERTY AT (a) THE THEATRE DISTRICT PARKING GARAGE (AP#008-068-001,02,03) BOUNDED BY C STREET, 11T STREET, 2ND STREET AND D STREET; AND (b) THE BASIN STREET TOWN CENTER PARKING LOT (AP#008-065-002,3,4,5) ADJACENT TO B STREET BETWEEN PETALUMA BLVD. AND 2ND STREET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: WHEREAS, The Basin Street Properties and ownership has requested the Petaluma Parking Enforcement Unit obtain lawful authorization to enforce Vehicle Code provisions in California Vehicle Code (CVC) 21107.5 on a private parking lot and a private parking garage; and WHEREAS, The Basin Street Owners are requesting this enforcement to mitigate public safety and traffic concerns, and CVC 21107.5 allows the City to adopt this authority by Ordinance; and WHEREAS, The Basin Street Owners understand that they are responsible for the appropriate placement of signs and ongoing maintenance associated with signs on the private property; and WHEREAS, The Basin Street Owners understand that no agreement for extra Police, Fire or Parking Enforcement services attaches to this amendment; and WHEREAS, The Basin Street Owners understand that all parking enforcement revenues, fines or fees will be retained by the City to be used at its discretion in its general fund operations. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Petaluma does hereby approve the amendment of PMC 11. 12.150 to authorize enforcement of the California Vehicle Code on the following private properties pursuant to CVC Section 21107.5: (a) The Theatre District Parking Garage (AP#008-065-001,02,03) Bounded by C Street, I" Street, 2nd Street and D Street; and (b) The Basin Street Town Center Parking Lot (AP#008-065-002,03,04,05) adjacent to B Street between Petaluma Blvd. And 2nd Street. If any section, subsection, sentence, clause of phrase or work of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision 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 other wise invalid. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. The City Cleric is hereby directed to post this ordinance for the period and in the manner required by the City Charter. INTRODUCED and ordered published this day of February 2005. ADOPTED this day of February, 2005 by the following vote: AYES: NOES: ABSENT: ATTEST: City Cleric ...... v ..v •..0 v-, {u ilk VIIV{ll V11{LLQ IAVIL11111-0 rnA 11u, 1U11eDeGD3 r, uelue tel lid' 7'15 .44T tax 7117779 4281 January 13, 2005 Mr, Joe Netter City of Petaluma 11 English Street Petaluma, CA 94954 RE: PARKING ENFORCEMENT FOR THEATRE DISTRICT PARKING GARAGE AND BASIN STREET TOWN CEN'T'ER PARKING LOT Dear Mr, Netter: a�... BASINSTREET PnooLp7les We are writing to request and authorize the City of.Petaluma to enforce applicable parking regulations at (a) the Theatre District parking garage bounded by C Street, 1" Street, 2n° Street and D Street (APA 008-068-001, 002, 003), and (b) the Basin Street Town Center parking lot adjacent to B Street between Petaluma Boulevard and 2nd Street (AP4008-065-002, 003, 004, 005). This request and authorization shall remain in effect until revoked in writing. Please call me if you have any questions or concerns. PAUL ANDRONICO SR. VICE PRESIDENT BASIN STREET PROPERTIES t:18 Rnlwmut Way. sono tiU 14v Ihwm, CA 749.1 %W W d1Gi(N-} 19thi.Td.O.v V.C. Section 21107.8 - Private Parldng Facilities �/dv✓ / Ott car y &711 � Page 1 of i L FPW � JAW Z,7 DMV Home Pace New Arrivals • New to California? • FAQs • Site Mao Title & Registration Information • Vehicle Recistration • Boat Recistration License and ID Card Information • Driver License • ID Cards • Commercial License • Vehicle Industry & Commercial Permits Special Plates • Personalized Plates • Disabled Placards Other information • Your DMV Records • Other Services • About DMV • Contact Us • Leoal Notice and Disclaimer J�M Vehicle Code ? IV, • •4-e. Private Parking Facilities n ✓t -i^ 21107.8. (a) Any city or county may, by ordinance or resolution, find and declare that there are privately own and F maintained offstreet parking facilities as described in the ordinance or resolution within the city or county that are generally held open for use of the public for purposes of vehicular 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 or resolution enacted thereunder shall apply to any offstreet parking facility described therein unless the owner or operator 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 effectthat the offstreet parking facility is subject to public traffic regulations and control. (c) No ordinance or resolution shall be enacted under subdivision (a) 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 enactment of an ordinance or resolution 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, Stals, 1982. Effective January 1, 19x3. Vehicle Code Table of Contents Back to Too of Pane © 2003 Slate of California Conditions of Use Pnvacv Pollcv