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HomeMy WebLinkAbout2013/06/11 Item 12CITY COUNCIL AGENDA STATEMENT ,,,;~;~, ciTV of CHULA VISTA June 11, 2013 Item No. ~2 ITEM TITLE: CONSIDERATION OF ORDINANCE AMENDING CHULA VISTA MUNICIPAL CODE SECTION 10.52.480 DESIGNATING SPECIFIC PARKING RESTRICTIONS WITHIN CITY MUNICIPAL LOTS AND INCORPORATING MUNICIPAL CODE SECTION 10.52.482 TO PROHIBIT OVERNIGHT PARKING SUBMITTED BY: CITY ATTORNEY FICE; CITY ENGINEE REVIEWED BY: CITY MANAGER(~'{~~ 4/STHS VOTE: YES ^ NO BACKGROUND Municipal Cpde Section 10.52.480 designates specific lots as "municipal pazking lots" and was last updated in 2009. This Section currently does not permit the City Engineer to designate specific spaces within these lots as either visitor, employee, care share, electric vehicle and/or disabled parking spots. Further, there is no prohibition on overnight parking within City-owned lots and cars parked overnight adversely impact the intended day use of the lots. DISCUSSION California Vehicle Code Section 22519 authorizes cities to regulate parking lots that are city- owned and operated. California Vehicle Code Section 22519 states: "Local authorities may by ordinance or resolution prohibit, restrict or regulate the parking, stopping or standing of vehicles on any offstreet parking facility which it owns or operates. No such ordinance or resolution shall apply until signs giving notice thereof have been erected." Here, Chula Vista Municipal Code Section 10.52.480 needs to be updated to allow the City Engineer to designate specific spaces within these lots for a certain type of parking use. The restrictions, once signage is posted, will permit the City Engineer to designate spaces within City-owned lots as appropriate for: 12-1 6/11/13, Item No. Page 2 of 2 • visitor parking; ^ employee pazking; care shaze parking; • electric vehicle parking; and/or ^ disabled parking Arguably the City Engineer already has the ability to designate specific spots within City-owned lots but the Code needs to be amended to make this authority explicit. In addition, one of the lots at City Hall is currently being used for visitor parking for the Planning and Building Departments. The Code also needs to be updated to reflect this use. Also, there is no overnight parking prohibition contained in the Code. Overnight parking in city lots can adversely impact day-use parking. Moreover, public safety concerns exist when cars are parked overnight near public buildings or city parks. The Code also needs to be updated to reflect this prohibition. None of the above restrictions will apply or will be enforced until signage to that effect is posted at the appropriate location. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to the CEQA. Thus, no environmental review is necessary. RECOMMENDATIONS Council adopt the ordinance revisions. BOARDS/COMMISSION RECOMMENDATION The Chula Vista Safety Commission endorsed the changes.to the Municipal Code. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not independently awaze, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. FISCAL IMPACT None anticipated. ATTACHMENTS. Ordinance (red-lined for review). 12-2 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 10.52.480 DESIGNATING SPECIFIC PARKING RESTRICTIONS WITHIN CITY MUNICIPAL LOTS AND INCORPORATING MUNICIPAL CODE SECTION 10.52.482 TO PROHIBIT OVERNIGHT PARKING WHEREAS, California Vehicle Code Section 22519 permits a City to regulate pazking lots it owns and controls; WHEREAS, California Vehicle Code Section 22519 states: "Local authorities may by ordinance or resolution prohibit, restrict or regulate the parking, stopping or standing of vehicles on any offstreet parking facility which it owns or operates. No such ordinance or resolution shall apply until signs giving notice thereof have been erected."; WHEREAS, Chula Vista Municipal Code Section 10.52.480 currently regulates the manner of parking required in City Municipal Lots; WHEREAS, Section 10.52.480 needs to be updated to reflect the fact that one of the lots described in this Section is currently being used as visitor parking for patrons of the City's Planning and Building Department; WHEREAS, the City Engineer requests that Section 10.52.480 be updated to reflect the specific parking designations of visitor parking, employee pazking, care share parking, electric vehicle pazking and/or disabled parking, and that he will designate the parking azeas by signage to that effect; WHEREAS, Section 10.52.480 also needs to be updated to reflect that persons parking in violation of the specific parking space designations will be ticketed; WHEREAS, City staff believes that specific signage designations within its lots will make parking easier for its visitors and will lead to less parking disputes at City lots; WHEREAS, City staff has received complaints with regard to overnight parking in City- owned lots and therefore a new section, Section 10.52.482, is hereby incorporated to indicate that overnight parking, except where permitted by the City Engineer, is illegal and will be ticketed; WHEREAS, overnight parking near City parks is a public safety concern for patrons of City parks; WHEREAS, the City has public safety concerns regarding the management of City- owned lots and these concerns make implementing these changes necessary; S:Wttorney\FINAL RESOS AND ORDINANCES\2013\06 11 13\Ord Parking Muny Lots Strikeout.doc 6/4Y1013 822 AM 12-3 Ordinance Page 2 NOW THEREFORE, with the above recitations incorporated herein, the City Council of the City of Chula Vista does ordain as follows: Section I. That Chula Vista Municipal Code Section 10.52.480 is amended to read as follows: 10.52.480 Municipal parking lots -Designated - Manner of parking required -Schedule XV. Pursuant to Vehicle Code Section 22519, the following areas are designated as off=street public parking lots owned or operated by the City. It is unlawful for any vehicle to park in a municipal parking lot except in accordance with the angle to the curb indicated by signs or pavement markings allotting space to pazked vehicles and entirely within the limits of said allotted space, with the front wheel neazest the curb and within six inches of said curb or other stop, and in accordance with the time limits indicated on signs erected in the azea by the City Engineer pursuant to regulation adopted under CVMC 10.04.030. The City Engineer shall maintain within a register a Schedule XV listing the restrictions applicable to these locations. Designated Pazking Lot Designated Location Parking Lot No. 1 Near southwest corner of Landis and E Streets No. 2 Northeast comer of Landis and Davidson Streets No. 3 200 block of Landis (North of F Street) No. 4 340 F Street (Near southwest corner of E Street) No. 5 Near southeast corner of Third and Madrona No. 6 Northwest corner of Church and Madrona Streets No. 7 Southwest comer of Church and Center Streets No. 8 281 - 287 Church Avenue (between Church and Del Mar Streets) No. 9 Southwest corner of Church 7:\.4ttorney\FINAL RESOS AND ORDINANCES\2013\06 11 13\Ord Parking Mu~y Lots Strikeout.doc 6/4/2013 8:22 AM 12-4 Ordinance Page 3 and Davidson Streets No. 10 Northwest corner of Church and Davidson Streets No. 11 222 Church Avenue (between E and Davidson Streets) NPSC Norman Park Senior Center (between F and Center Streets) City Hall *, ~ 'a~ c~ c._,,,. , e , STOS"i'l I"JIRl~1~Pri j C Employee v;,,.e.~o,.«:,.., ,..:.r. r,.,.:.w Lots Avera3eWest of Fourth Street, south of Davidson, east of Fig Street. North of F Street west of Fire Station No. 1. City Hall North side of F Street, Visitor Lot between Building 200 and Fire Station No. 1. Chula Vista South of Chula Vista Community Community Park and west of Park Lot Eastlake Parkway City West of Maxwell Road and Employee Lot north of Main Street at the John Lippit Public Works Center Ken Lee Lot West of Fourth Avenue and south of F Street Police Department East of Fourth Avenue and Parking south of F Street Structure The Citv En>ineer has the ability, once signa e is osted to desi nate s ecific arkina s ots in the above lots as visitor parking care share parking electric vehicle parking, disabled person and/or employee parking City Council hereby delegates to the City Engineer the ability to change the parking spot designations within the above lots, including but not limited to establishing metered parking without having to seek Counci] approval beforehand. The J:\Attorney\F'INAL RESOS AND ORDINANCES\2013\06 11 13\Ord Parking Muny Lots Strikeout.doc 6/4/20] 3 822 AM 12-5 Ordinance Page 4 designations of an~pecific pazking snot or nazkine area will not be enforceable until sienage is posted. Parking that is in violation of the posted signs is illegal and will be ticketed pursuant to Section 10.62.010-030. Section 1.A. That Chula Vista Municipal Code Section 10.52.482 be added to Chanter 10.52 "Stopping, Standing and Pazkinu" as follows: 10.52.482 Overnight Pazking Prohibited in City-Owned Pazkine Lots. It is illegal for any automobile, motorcycle or other self-driven vehicle to be parked overnight at any City-owned parkins; lot, including but not limited to municipal lots and parkin lg ots adjacent to Cityparks, where so stated by signage, except where permitted by the Cit~Engineer. Parking tickets will be issued pursuant to Section 10.62.010-030. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declazed invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented By: Approved as to form by: Richard Hopkins Glen R. Googms City Engineer City Attorney J:\Attorney\FINAL RESOS AND ORDINANCES\2013\06 11 13\Ord Parking Muny Lots Strikeout.doc 6/4/2013 8:22 AM 12-6 ORDINANCE NO ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 10.52.480 DESIGNATING SPECIFIC PARKING RESTRICTIONS WITHIN CITY MUNICIPAL LOTS AND INCORPORATING MUNICIPAL CODE SECTION 10.52.482 TO PROHIBIT OVERNIGHT PARKING WHEREAS, California Vehicle Code Section 22519 permits a City to regulate parking lots it owns and controls; WHEREAS, California Vehicle Code Section 22519 states: "Local authorities may by ordinance or resolution prohibit, restrict or regulate the parking, stopping or standing of vehicles on any offstreet parking facility which it owns or operates. No such ordinance or resolution shall apply until signs giving notice thereof have been erected."; WHEREAS, Chula Vista Municipal Code Section 10.52.480 currently regulates the manner of parking required in City Municipal Lots; WHEREAS, Section 10.52.480 needs to be updated to reflect the fact that one of the lots described in this Section is currently being used as visitor parking for patrons of the City's Planning and Building Department; WHEREAS, the City Engineer requests that Section 10.52.480 be updated to reflect the specific parking designations of visitor parking, employee parking, care share parking, electric vehicle parking and/or disabled parking, and that he will designate the parking areas by signage to that effect; WHEREAS, Section 10.52.480 also needs to be updated to reflect that persons parking in violation of the specific parking space designations will be ticketed; WHEREAS, City staff believes that specific signage designations within its lots will make parking easier for its visitors and will lead to less parking disputes at City lots; WHEREAS, City staff has received complaints with regard to overnight parking in City- owned lots and therefore a new section, Section 10.52.482, is hereby incorporated to indicate that overnight parking, except where permitted by the City Engineer, is illegal and will be ticketed; WHEREAS, overnight parking near City parks is a public safety concern for patrons of City parks; WHEREAS, the City has public safety concerns regarding the management of City- owned lots and these concerns make implementing these changes necessary; J:\Attomey\FINAL RESOS AND ORDINANCES\2013\06 11 13\Ord Parking Muny Lots Final.doc 6/4/2013 8:25 AM 12-7 Ordinance Page 2 NOW THEREFORE, with the above recitations incorporated herein, the City Council of the City of Chula Vista does ordain as follows: Section I. That Chula Vista Municipal Code Section 10.52.480 is amended to read as follows: 10.52.480 Municipal pazking lots -Designated -Manner of pazking required -Schedule XV. Pursuant to Vehicle Code Section 22519, the following areas aze designated as off-street public parking lots owned or operated by the City. It is unlawful for any vehicle to park in a municipal parking lot except in accordance with the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of said allotted space, with the front wheel nearest the curb and within six inches of said curb or other stop, and in accordance with the time limits indicated on signs erected in the azea by the City Engineer pursuant to regulation adopted under CVMC 10.04.030. The City Engineer shall maintain within a register a Schedule XV listing the restrictions applicable to these locations. Designated Pazking Lot Designated Location Parking Lot No. 1 Near southwest corner of Landis and E Streets No. 2 Northeast corner of Landis and Davidson Streets No. 3 200 block of Landis (North of F Street) No. 4 340 F Street (Neaz southwest corner of E Street) No. 5 Neaz southeast corner of Third and Madrona No. 6 Northwest corner of Church and Madrona Streets No. 7 Southwest comer of Church and Center Streets No. 8 281 - 287 Church Avenue (between Church and Del Maz Streets) J:\.4ttorney\FINAL RESOS AND ORDINANCES\2013\06 11 13\Ord Parking Muny Lots Final.doc 6/4/2013 8:25 AM 12-8 Ordinance Page 3 No. 9 Southwest corner of Church and Davidson Streets No. 10 Northwest corner of Church and Davidson Streets No. 11 222 Church Avenue (between E and Davidson Streets) NPSC Norman Park Senior Center (between F and Center Streets) City Hall West of Fourth Street, south Employee Lots of Davidson, east of Fig Street. North of F Street west of Fire Station No. 1. City Hall North side of F Street, Visitor Lot between Building 200 and Fire Station No. 1. Chula Vista South of Chula Vista Community Community Park and west Park Lot of Eastlake Parkway City Employee West of Maxwell Road and Lot north of Main Street at the John Lippit Public Works Center Ken Lee Lot West of Fourth Avenue and south of F Street Police Department East of Fourth Avenue and Parking south of F Street Structure The City Engineer has the ability, once signage is posted, to designate specific parking spots in the above lots as visitor parking, care share parking, electric vehicle parking, disabled person and/or employee parking. City Council hereby delegates to the City Engineer the ability to change the parking spot designations within the above lots, including but not limited to establishing metered parking, without having to seek Council approval beforehand. The designations of any specific parking spot or parking area will not be enforceable until signage is J:\Attorney\FINAL RESOS AND ORDINANCES\2013\06 11 13\Ord Parking Muny Lots Final.doc 6/4/2013 8:25 AM 12-9 Ordinance Page 4 posted. Parking that is in violation of the posted signs is illegal and will be ticketed pursuant to Section 10.62.010-030. Section 1.A. That Chula Vista Municipal Code Section 10.52.482 be added to Chapter 10.52 "Stopping, Standing and Parking" as follows: 10.52.482 Overnight Parking Prohibited in City-Owned Parking Lots. It is illegal for any automobile, motorcycle or other self-driven vehicle to be parked overnight at any City-owned parking lot, including but not limited to municipal lots and parking lots adjacent to City parks, where so stated by signage, except where permitted by the City Engineer. Parking tickets will be issued pursuant to Section 10.62.010-030. Section II. Severability If any portion of this Ordinance, omits application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented By: Richazd Hopkins City Engineer Approved as to form by: Glen R. Googins Dsa~ ~~ ~~t City Attorney (oC 7:\Attorney\FINAL RESOS AND ORDINANCES\2013\06 11 13\Ord Pazking Muny Lots FinaLdoc 6/4/2013 8:25 AM 12-10