HomeMy WebLinkAboutPW Parking Time Limits Ordinance____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 9-3-87
Council Meeting: 11/20/2017
Disposition: Passed Ordinance 1949 to print
Agenda Item No: 5.a
Meeting Date: November 20, 2017
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: __________
File No.: 18.06.72
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, 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
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
STAFF REPORT APPROVAL
ROUTING SLIP
Staff Report Author: Charmine Solla/Thomas Wong Date of Meeting: 11/20/2017
Department: Public Works
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, 5.12.090 AND 5.48.020 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: TBD ☐Mailed ☐Site posted ☒Marin IJ
Due Date Responsibility Description Completed
Date Initial / Comment
DEPARTMENT REVIEW
FRIDAY
noon
11/3
Director Director approves staff
report is ready for ACM,
City Attorney & Finance
review.
11/7/2017
☒
BG
CONTENT REVIEW
MONDAY
morning
11/6
Assistant City Manager
City Attorney
Finance
ACM, City Attorney &
Finance will review items,
make edits using track
changes and ask questions
using comments. Items will
be returned to the author
by end of day Wednesday.
Click here to
enter a date.
11/8/2017
10/23/2017
☒
☒
LG
☒
Van Bach
DEPARTMENT REVISIONS
FRIDAY
noon
11/10
Author Author revises the report
based on comments
receives and produces a
final version (all track
changes and comments
removed) by Friday at
noon.
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enter a date.
☒
ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL
MONDAY
morning
11/13
Assistant City Manager
City Attorney
Finance
ACM, City Attorney &
Finance will check to see
their comments were
adequately addressed and
sign-off for the City
Manager to conduct the
final review.
Click here to
enter a date.
11/14/2017
10/23/2017
☒
☒
LG
☒
Van Bach
TUES
noon
11/14
City Manager Final review and approval 11/15/2017 ☒
JS