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Home My WebLink AboutMS Boxwood Dr. Parking Enforcementn. I�V" �� Agenda Item No: 4. b 1W Meeting Date: September, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Management Services — Parking Services Prepared by: Jim Myhers, Parking Services City Manager Approval: TOPIC: REQUEST FOR PARKING ENFORCEMENT ON PRIVATE STREET SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A REQUEST FROM THE FOREST HOMEOWNERS ASSOCIATION FOR PARKING ENFORCEMENT SERVICES ON BOXWOOD DRIVE PER CALIFORNIA VEHICLE CODE 21107.7 RECOMMENDATION: Hold a public hearing and adopt the attached Resolution approving City parking enforcement on Boxwood Drive. BACKGROUND: California Vehicle Code (CVC) 21107.7 — Private Roads Not Open for Public Use (listed below) allows cities or counties to provide parking enforcement services to private roads under clearly defined circumstances. (a) Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained roads as described in the ordinance or resolution within the city or county that are not generally held open for use of the public for purposes of vehicular travel but, by reason of their proximity to or connection with highways, the interests of any residents residing along the roads and the motoring public will best be served by application of the provisions of this code to those roads. No ordinance or resolution shall be enacted unless there is first filed with the city or county a petition requesting it by a majority of the owners of any privately owned and maintained road, or by at least a majority of the board of directors of a common interest development, as defined by Section 4100 or 6534 of the Civil Code, that is responsible for maintaining the road, and without a public hearing thereon and 10 days' prior written notice to all owners of the road or all of the owners in the development. Upon enactment of the ordinance or resolution, the FOR CITY CLERK ONLY File No.: - 3 -- Council Meeting: Disposition: %00 e -f SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 provisions of this code shall apply to the privately owned and maintained road if appropriate signs are erected at the entrance to the road of the size, shape, and color as to be readily legible during daylight hours from a distance of 100 feet, to the effect that the road is subject to the provisions of this code. The city or county may impose reasonable conditions and may authorize the owners, or board of directors of the common interest development, to erect traffic signs, signals, markings, and devices which conform to the uniform standards and specifications adopted by the Department of Transportation. (b) The department shall not be required to provide patrol or enforce any provisions of this code on any privately owned and maintained road subjected to the provisions of this code under this section, except those provisions applicable to private property other than by action under this section. (c) As used in this section, "privately owned and maintained roads" includes roads owned and maintained by a city, county, or district that are not dedicated to use by the public or are not generally held open for use of the public for purposes of vehicular travel. The Forest Homeowners Association represents homeowners in the Redwood Village development. Redwood Village is located at the northern junction of North San Pedro Road and Los Ranchitos Road. The area is accessed from North San Pedro Road by Sequoia Road, a public road. Per CVC 21107.7, the Association Board has submitted a formal petition requesting that the City of San Rafael authorize Parking Services to provide enforcement of city parking codes for Boxwood Drive, a privately maintained road in the development, as a result of chronic parking issues due to limited parking. Boxwood Drive is approximately one half mile in length and services 56 townhomes and 17 houses. In general, the Association is requesting assistance with abandoned vehicles, vehicles parked in excess of 72 hours, and vehicles with registration violations. Throughout the City, these types of calls are typically handled only when a resident makes a specific request, via phone or email, to Parking Services, for enforcement action and do not include a regular patrol of the area. ANALYSIS: Most calls from the Association will be handled by the Ione vehicle abatement officer as that officer typically deals with abandoned vehicles. As the Association is only requesting Parking Services take action on limited violation types, impact on staff resources should be minimal but will be dependent on the overall volume of calls for service received on any given day. Whenever possible, calls for service are grouped geographically so the abatement officer can maximize her daily response. Staff recommends this program be operated as a pilot program for six months and then extended at the discretion of the City Manager. The Vehicle Code requires that the City Council hold a public hearing prior to acting on the request. FISCAL IMPACT: Staff anticipates limited fiscal impact to the City if parking enforcement services are expanded to include Boxwood Drive. Any citation revenue generated from enforcement activities would go to the Parking Enterprise fund but staff does not anticipate any significant revenues or expenses due to this activity. Signage installed alerting residents and visitors of the new requirements will be installed and maintained by the Homeowners Association at its cost and subject to approval by San Rafael Public Works Department. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 OPTIONS: 1. Adopt the proposed resolution approving City parking enforcement on Boxwood Drive; 2. Decline to adopt the resolution, leaving residents of Boxwood Drive to deal privately with parking problems on the street. ACTION REQUIRED: 1. Open the required public hearing, take public comment on the Association's request, and close the public hearing; and 2. Adopt the resolution approving the request from the Forest Homeowners Association for the City of San Rafael to enforce applicable city parking codes per CVC 21107.7. ATTACHMENTS: 1. Resolution approving request for parking enforcement on Boxwood Drive RESOLUTION NO. 14004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A REQUEST FROM THE FOREST HOMEOWNERS ASSOCIATION TO THE CITY OF SAN RAFAEL FOR PARKING ENFORCEMENT SERVICES ON BOXWOOD DRIVE PER CALIFORNIA VEHICLE CODE 21107.7 WHEREAS, the City of San Rafael enforces state and local parking regulations on all San Rafael public roads using parking enforcement officers; and WHEREAS, California Vehicle Code 21107.7 allows a city or county, by resolution or ordinance, to allow City enforcement of applicable parking regulations on privately maintained roads; and WHEREAS, Boxwood Drive is a privately maintained road within the City of San Rafael; and WHEREAS, the Forest Homeowners Association has submitted a petition to the City of San Rafael requesting parking enforcement services for Boxwood Drive per California Vehicle Code 21107.7, and has agreed to pay for installation of the required signage; and WHEREAS, the City Council held a properly noticed public hearing on September 8, 2015 to consider and to receive public testimony on the petition; NOW, THEREFORE BE IT RESOLVED that the San Rafael City Council hereby authorizes San Rafael Parking Services Division to enforce city and state parking regulations on Boxwood Drive, a privately maintained road within the City of San Rafael for a six month period after proper signage is approved and installed, and such enforcement may be continued or terminated after that period at the discretion of the City Manager based upon a report to be prepared by the Parking Services Division detailing the effectiveness of the enforcement program. BE IT FURTHER RESOLVED that this Resolution shall take immediate effect upon adoption. I, ESTHER BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the 8th day of September, 2015, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin & Mayor Phillips NOES: COUNCILMEMBERS: Gamblin, McCullough ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk 109 Boxwood Drive San Rafael, CA 94903 August 30, 2015 Esther C. Beirne, City Clerk City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 RE: Boxwood Drive Parking Enforcement Dear Ms. Beirne: We are writing in support of the San Rafael City Council Resolution to provide parking enforcement services on Boxwood Drive pursuant to California Vehicle Code 21107.7. We understand that the City Council will consider the Resolution at its Tuesday, September 8, 2015 open meeting. We are the original owners of a single-family home on Boxwood Drive, where we have lived for more than 10 years. We are continually frustrated by (1) vehicles being parked in front of our house for extended periods of time (in violation of Section 5.40.30 of the S.R.M.C.), and (2) cars blocking the end of our driveway (in violation of Section 22500 of the California Vehicle Code.) The latter problem reduces our visibility and creates a safety hazard. We are members of the Redwood Village Homeowners' Association ("RVHOA"). Unfortunately, neither the City of San Rafael nor the RVHOA have jurisdiction over Boxwood Drive. The Forest Homeowners' Association ("FHOA") has sole jurisdiction over the street. Unfortunately, the FHOA is unable or unwilling to enforce even the most basic parking rules and regulations. Our hope is that if Boxwood Drive becomes a public street and is subject to state and municipal parking rules, then our neighborhood will be a safer place to live and park. Sincerely yo J mes Schwarz & J e Zayac Jim Myhers c/o Ester Beirne Parking Services manager- SR September 8, 2015 Mr. Jim Myhers, Time: Cit, CV -A's Office CIIt.y of San Rafael Concerning the parking proposal for Boxwood drive, I am opposed to the responsibilities lying with the City of San Rafael., instead of being enforced locally. As President of the Redwood Village HOA, and resident along Boxwood drive, assigning duties to the City of SR is only a partial solution at best. The Forest HOA has full authorization to monitor and enforce the parking, but have skirted their responsibilities. Enabling the city to cite but not monitor the parking will not change any poor parking habits, such as long term parking, auto repairs, or red zone violations at night. Furthermore, the City of SR has the ability to cite and remove vehicles from Sequoia, but has failed to do so, for the several autos parked weeks at a time. The parking issues affect more than the 16 RWV residents along Boxwood, but also the 45+ along Sequoia. The Forest HOA must enforce their CC&Rs that mandates all residents use their garages for the specified automobile capacities, which would reduce the issues along Boxwood and Sequoia drives. Instead of draining resources from the City, I encourage the parking services group to implore the Forest HOA to allow the RWV HOA to have enforcement privileges, as we would take our responsibilities more seriously than the Forest has proven to do so. We have the ability to monitor parking and engage towing when warranted, which will deter repeat offences, and greatly improve public safety in this community. Paul Bellinghausen Redwood Village HOA -President 3 Buckhorn Court San Rafael, CA 94903 September 4, 2015 Esther C. Beirne City Clerk City of San Rafael P.O. Box 151560 San Rafael, VA 94915-1560 SEP - 8 2015 Time: ° ice City I" City of San Rafae Roxanna Atkins 50 Almond Court San Rafael, CA 94903 RE: Proposed Ordinance Authorizing the City of San Rafael Parking Services Division to provide parking enforcement services to Boxwood Drive As a member of the Forest Owners' Association, I am requesting the City Council to adopt the resolution for provision of parking services for Boxwood Drive. Boxwood Drive is a very short street providing parking to the homeowners of 17 homes in Redwood Village and 63 townhomes in the Forest. There have been problems with owners parking vehicles, some inoperative, for extended periods of time. Not having access to vehicle registration/licensing information make it difficult if not impossible for the Association to determine ownership of vehicles and assess financial penalties. Towing is a last resort and increased penalties against improper towing prevent it from being a viable tool for enforcement by the Association. Additionally, teenagers from an adjacent park have begun using the street to skateboard. I have witnessed several near collisions with vehicles. Jim Myhers has been most helpful explaining the capabilities and limitations of the City's ability to enforce parking regulations and Association members are grateful for his attention to this problem. Thank you, Roxanna Atkins Long Truong 86 Almond Ct San Rafael, CA 94903 September 4, 2015 Esther C. Beirne, City Clerk 1400 Fifth Avenue PO Box 151560 San Rafael, CA 94915-1560 Dear Ms. Beirne, "rime". iffyClerk's Office silty Of San Rafael I am writing this letter to you regarding the proposal to modify the parking enforcement rules on Boxwood Drive. This residential area has many young families with children. Most households require two cars for work and transportation. The garages are full of items like supplies, bikes, and other household items. As time passes, the children will need additional cars to drive to high school. The number of parking spaces is a problem and will get worse overtime. I am very aware of the problems in the area and I have some concerns with this proposal. The change should only be enacted if it will improve parking in the area. I do not believe it will improve the parking situation. At the last HOA meeting that I attended, I asked how many notices has the association placed on cars that have parked too long in the neighborhood. The answer was some. One of the reasons an individual left their car out too long was because they were on vacation. There are not enough occurrences to merit a change in the parking enforcement. The overwhelming majority of the cars that park in our area are constantly being used by the residents or people who live nearby. Enabling the proposed changes to the parking rules will burden the residents with unnecessary restrictions and it will not alleviate the problem of too few parking spaces. I would like to suggest that the street be painted with individual spaces to improve the parking problems. Currently, parking on most days is a challenge at night time because people park so far apart from each other. Many times, two or three more cars can park in one of the large street sections if people parked closer. Painting car spaces on the street will allow the maximum number of cars to park. Enclosed are three pictures I took showing how far some people park from each other and one picture of what the painted parking spaces would look like. W or you/r c nsideration, Long Truong Marin Independent Journal 4000 Civic Center Drive, Suite 301 San Rafael, CA 94903 415-382-7335 legals@madnij.com 2070419 SAN RAFAEL,CITY OF CITY OF SAN RAFAEL CITY CLERK, ROOM 209 1400 FIFTH AVENUE, SAN RAFAEL, CA 94901 SAN RAFAEL, CA 94915-1560 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Marin I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY 7, 1955, CASE NUMBER 25566; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 812812015 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated this 31th day of August, 2015, T014�g Signature PROOF OF PUBLICATION Legal No. 0005558774 CI ,CW SAM RAFAEL NOTICE OF PUBLIC NEARING. BEFORE IIMIIE SAN RAFAEL CITY COUNCIL The City Council of the City of San Rafael will hold a public hearing concerning: A Resolution of the City Council of the City of San Rafael approving a request from the For. est Homeowners Association for parking en- forcement services on Boxwood Drive per Cali- fornia Vehicle Code 21107.7 DATE/TIME: Tuesday, September 8, 2015, at 7:00 p.m. LOCATION: City Council Chambers, City Hall, 1400 Fifth Avenue, San Rafael, CA PURPOSE: To receive public comments and to consider adoption of a proposed resolution au- thorizing the City of San Rafael Parking Serv- ices Division to provide parking enforcement services to Boxwood Drive per a request from the Forest Homeowners Association. IF YOU CANNOT ATTEND: You can send a letter with your comments regarding the proposed ordinance to Esther C. Beirne, City Clerk, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915-1560, or you can deliver a letter to the City Clerk prior to the City Council meeting on September 8, 2015. FOR MORE: For additional information regard- ing the above, you can contact Jim Myhers, Parking services Manager of the City of San Rafael at (415) 485.5335. Office hours are Monday -Friday, 9:000 AM to 4:30 PM. Esther C. Beime City Clerk City of San Rafael American Sign Language interpreters and assistive listening devices may be requested by calling 415-48S-3198 (TDD) or 415.485.3095 (voice) at least 72 hour; in advance of the Pub- lic Hearing. Copies of document's are available in accessible formats upon request. Public transportation is available through Golden Gate Transit, line 20 or 23. Paratransit is availa- ble by calling Whistlestop Wheels at 415-454- 0964. To allow individuals with environmental Illness or multiple chemical sensitivity to at- tend the Public Hearing, individuals are re- quested to refrain from wearing scented prod- ucts. NO.970 August 28.2015 CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING BEFORE THE SAN RAFAEL CITY COUNCIL The City Council of the City of San Rafael will hold a public hearing concerning: A Resolution of the City Council of the City of San Rafael approving a request from the Forest Homeowners Association for parking enforcement services on Boxwood Drive per California Vehicle Code 21107.7 DATE/TIME: Tuesday, September 8, 2015, at 7:00 p.m. LOCATION: City Council Chambers, City Hall, 1400 Fifth Avenue, San Rafael, CA.__ .... ....... PURPOSE: To receive public comments and to consider adoption of a proposed resolution authorizing the City of San Rafael Parking Services Division to provide parking enforcement services to Boxwood Drive per a request from the Forest Homeowners Association. IF YOU CANNOT You can send a letter with your comments regarding the proposed ordinance to ATTEND: Esther C. Beirne, City Clerk, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915-1560, or you can deliver a letter to the City Clerk prior to the City Council meeting on September 8, 2015. FOR MORE: For additional information regarding the above, you can contact Jim Myhers, Parking Services Manager of the City of San Rafael at (415) 458-5335. Office hours are Monday -Friday, 9:00 a.m. to 4:30 p.m. Esther C. Beirne City Clerk City of San Rafael American Sign Language interpreters and assistive listening devices may be requested by calling 415-485-3198 (TDD) or 415-485-3085 (voice) at least 72 hours in advance of the Public Hearing. 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 Public Hearing, individuals are requested to refrain from wearing scented products. ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) 4 CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # y,b Date of Meeting: 9/8/2015 From: Jim Myhers Department: Parking Services/Management Services Date: 8/25/2015 Topic: Boxwood Drive Parking Enforcement Services Subject: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A REQUEST FROM THE FOREST HOMEOWNERS ASSOCIATION FOR PARKING ENFORCEMENT SERVICES ON BOXWOOD DRIVE PER CALIFORNIA VEHICLE CODE 21107.7 Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: MM - approved ® City Attorney Remarks: LG -Approved 8/26/15 with minor revisions. ® Author, review and accept City Attorney / Finance changes Remarks: City Manager f° Remarks: