HomeMy WebLinkAboutPS Implementation of Parking Time Limits____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 9-3-87
Council Meeting: 1/16/2018
Disposition: Passed Ordinance 1953 to Print
Agenda Item No: 7.c
Meeting Date: January 16, 2018
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Parking Services
Prepared by: Jim Myhers,
Parking Services Manager
City Manager Approval: __________
File No.: 18.06.72
TOPIC: IMPLEMENTATION OF PARKING TIME LIMITS
SUBJECT: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE
SECTIONS 5.40.030 AND 5.12.090 REGARDING TIME-LIMITED PARKING ON CITY STREETS
RECOMMENDATION: Conduct a public hearing, introduce, and pass to print an ordinance amending
Section 5.40.030 “Use of streets for storage of vehicles prohibited” and Section 5.12.090 “When vehicles
may be removed from streets” 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. 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, vehicles 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.
City Staff brought to Council an ordinance amending the Municipal Code on November 20, 2017 that
would help implement time-limited parking within areas of the City. The Council approved the first reading
but, at the second reading on December 4, 2017, asked that staff make a few changes to the ordinance.
This ordinance reflects the changes requested by Council.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS: As detailed below, in order to implement the Council’s directives, staff recommends that
certain 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 considered stored on the City street.
The amendments will also allow enforcement of time limited parking by towing 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, defined as parking for 72
or more consecutive hours, per section 5.40.030 which states, in pertinent part:
(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.
The Municipal Code also 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.
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, but the vehicle is effectively continuing to be stored on that
street.
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 and 5.40.030 as proposed will allow staff to modify and better enforce
parking time limits in the City as additional regulation is needed based on demand.
Section 5.40.030: It is recommended Section 5.40.030 be revised to read as follows:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
(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 more than seventy-two (72) consecutive
hours, or for longer than any shorter maximum time indicated on posted signs.
(b) If signs are posted giving notice of such requirement, then for purposes of this section, a
vehicle will be deemed to have been parked or left standing for longer than the time allowed
if, after the expiration of the posted time period, the vehicle has not been moved to another
location at least 100 feet away, or if, after having been so removed, the vehicle is returned to
the original parking space sooner than two hours after that removal.
It is important to note that under the proposed amendment, in areas not posted by the City Traffic
Engineer, the city-wide 72-hour maximum parking time limit is unaffected. However, the proposed
amendments to section 5.40.030 clarify that if appropriate signs are posted, a shorter maximum parking
time limit may be established, that thereafter a vehicle must be moved to another location at least 100
feet away, and that after having been so removed, the vehicle may not return to the original parking space
for at least two hours.
This amendment will allow more effective enforcement, if the City posts signs limiting parking to 24 hours
(residential) or four hours (commercial), as recommended by W-Trans, by defining how far a vehicle must
move, and for how long, to not be considered stored.
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.
Section 5.12.090(b): It is recommended Section 5.12.090(b) be amended as follows:
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. 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.
The amendment to Section 5.12.090(b) deletes 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.
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
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
City. These costs will be measured, monitored, and reported as part of the management of parking
enforcement.
OPTIONS:
1. Introduce and pass to print (with any requested modifications) the ordinance amending Sections
5.12.090 and 5.40.030 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
ATTACHMENTS:
1. Proposed Ordinance
2. Public Hearing Notice
ORDINANCE NO. 1953
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SAN RAFAEL MUNICIPAL CODE SECTIONS 5.40.030 AND
5.12.090 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 5.48.0lD 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 commerciallbusiness 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;
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 more than seventy-two
(72) consecutive hours, or for longer than any shorter maximum time indicated on
posted signs.
(b) If signs are posted giving notice of such requirement, then for purposes of this
section, a vehicle will be deemed to have been parked or left standing for longer
than the time allowed if, after the expiration of the designated time period, the
vehicle has not been moved to another location at least 100 feet away; and if, after
having been so removed, the vehicle is returned to the original parking space sooner
than two hours after that removal.
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
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: 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
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Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause, or phrase thereof, irrespective ofthe fact that anyone or more
sections, subsections, sentences, clauses, or phrases be declared invalid.
DIVISION 4: 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.
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 Ordinanc e.
ATTEST:
The foregoing Ordinance No. 1953 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on Tuesday, the 16th day of January 2018, and was ordered
passed to print by the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will corne up for adoption as an Ordinance of the City of San Rafael 'at a Regular Meeting of
the Council to be held on the 5th day of February 2018.
LINDSA Y LARA, Interim City Clerk
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CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
CONSIDERATION OF AN ORDINANCE OF THE CITY OF SAN
RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE
SECTIONS 5.40.030 AND 5.12.090 REGARDING TIME-LIMITED
PARKING ON CITY STREETS
DATEITIME:
LOCATION:
PURPOSE:
IF YOU CANNOT
Tuesday, January 16, 2018 at 7:00 p.m.
City Council Chambers, 1400 Fifth Avenue, San Rafael, CA
To receive public comments and consider introducing for adoption
an ordinance that would amend Title 5 of the San Rafael Municipal
Code (Traffic Regulations) as follows:
(a) Amend Section 5.40.030 of the San Rafael Municipal Code
entitled "Use of streets for storage of vehicles prohibited", by
amending subsection (a) thereof to require that vehicles must
be moved at least 100 feet away at the expiration of the
maximum 72-hour parking period.
(b) Amend Section 5.12.090 of the San Rafael Municipal Code
entitled, 'When vehicles may be removed from the street", by
amending subsection (b) thereof, which provides that any
vehicle left parked on a public street for longer than the posted
time limit may be removed if signs are posted giving notice of
such removal, to apply at all times rather than just to vehicles
left parked between the hours of 7:00 a.m. and 7:00 p.m.
ATTEND: You may send a letter to Esther Beirne, City Clerk, City of San
Rafael, P.O. Box 151560, San Rafael, CA 94915-1560. You may
also hand deliver a letter prior to the meeting.
FOR MORE
INFORMATION: You may contact Charmine Solla, Deputy Public Works Director, at
(415) 485-3355 for more information, Monday through Friday, 8:00
a.m. to 5:00 p.m.
SAN RAFAEL CITY COUNCIL
/s/ Esther Beirne
ESTHER BEIRNE
CITY CLERK, CITY OF SAN RAFAEL
American Sign Language interpreters and assistive listening devices may be requested by
calling (415) 485-3198 (TOO) or (415) 485-3085 (Voice) at least 72 hours in advance. Copies of
documents are available in accessible formats upon request. Public transportation is available
through Golden Gate Transit, Line 20 or 23. Paratransit is available by calling Whistlestop
Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical
sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing
scented products.
(Please publish in the Marin Independent Journal on Friday, October 27,2017.)
STAFF REPORT APPROVAL
ROUTING SLIP
Staff Report Author: Jim Myhers Date of Meeting: 01/16/2018
Department: Parking Services
Topic: IMPLEMENTATION OF PARKING TIME LIMITS
Subject: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL
MUNICIPAL CODE SECTIONS 5.40.030 AND 5.12.090 REGARDING TIME-LIMITED PARKING ON CITY STREETS
Type: (check all that apply) ☐ Consent Calendar ☒ Public Hearing
☐ Discussion Item ☐ Resolution ☒ Ordinance
☐ Professional Services Agreement ☐ Informational Report
*If PSA, City Attorney approval is required prior to start of staff report approval process
Was agenda item publicly noticed? ☒ Yes ☐No Date noticed: ☐Mailed ☐Site posted ☒Marin IJ
Due Date Responsibility Description Completed
Date Initial / Comment
DEPARTMENT REVIEW
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CONTENT REVIEW
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1/5/2018
1/5/2018
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removed) by Friday at
noon.
1/8/2018
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ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL
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