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HomeMy WebLinkAboutItem 5i. Second Reading of Ordinance No. 1699 (Pay Stations) and Ordinance No. 1700 (Definition for parking payment center)Council- Report Department: Public Works Cost Center: 5101 For Agenda of: 7/6/2021 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Alexander Fuchs, Parking Services Supervisor Item 5i SUBJECT: SECOND READING OF ORDINANCE NO. 1699 (2021 SERIES) AMENDING TITLE 10, CHAPTER 52, AND ORDINANCE NO. 1700 (2021 SERIES) AMENDING TITLE 10, CHAPTER 4, OF THE MUNICIPAL CODE RECOMMENDATION 1. Adopt Ordinance No. 1699 (2021 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, Amending Title 10, Chapter 52 (Parking Meters), of the San Luis Obispo Municipal Code"; and 2. Adopt Ordinance No. 1700 (2021 Series) entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, Amending Title 10, Chapter 4 (Definitions), of the San Luis Obispo Municipal Code." DISCUSSION On June 1, 2021, the City Council approved the introduction of Ordinance No. 1699 (2021 Series) amending Title 10 Chapter 52 of the Municipal Code to include the following: Section 10.52.010 Parking meter zone — Rates. • Removed language for paid parking on Slack Street; • Added language for a rate increase in all rate zones effective July 1, 2021; • Added language establishing tier -based parking rates; and • Added language allowing the Public Works Director to adjust parking rates based on observed occupancy. Section 10.52.020 Installation. • Added language for the installation of display requirements for the new multi -space pay stations. Section 10.52.030 Time of operation. • Added language extending parking enforcement hours from 6:00 p.m. to 9:00 p.m.; and • Added language referencing the new multi -space pay stations. Page 203 of 847 Item 5i Section 10.52.040 Operational procedure to be followed. • Added language for the operation of the new multi -space pay stations. Section 10.52.050 Unlawful to allow vehicle to remain parked after expiration of time. • Added language referencing the new multi -space pay stations. Section 10.52.060 Unlawful to increase or extend parking time. • Added language referencing parking rate zones and areas where tier -based parking rates have been established. Section 10.52.070 Deposit of slugs —Tampering with or injury of. • Added language referencing the new multi -space pay stations. Section 10.52.080 Use of for certain purposes prohibited. • Added language referencing the new multi -space pay stations. Section 10.52.090 Rule of evidence. • Added language regarding verification of active parking sessions using vehicles' license plates. Section 10.52.110 Motorcycle spaces. • Removed language discounting parking rates for motorcycle spaces. The City Council also approved the introduction of Ordinance No. 1700 (2021 Series) amending Title 10 Chapter 4 of the Municipal Code to include a definition of "Parking Payment Center" meaning an electronic parking meter or pay station serving one or more parking spaces. This definition is consistent with the California Vehicle Code's language. The language changes for Title 10 Chapter 52 are detailed in Attachment A and the language changes for Title 10 Chapter 4 are detailed in Attachment B. Policy Context California Vehicle Code (CVC) section 22508 requires local authorities to establish parking meter zones and rates of fees for those zones by Ordinance. Public Engagement Staff met with the Downtown SLO's Parking and Access Committee on two occasions to outline current and future needs of the Parking Fund and gain community feedback regarding proposed revenue enhancement strategies including the rate changes detailed in Ordinance No. 1699. CONCURRENCE The City Attorney's office has reviewed the ordinances and supports the modifications to the Municipal Code. Page 204 of 847 Item 5i ENVIRONMENTAL REVIEW These amendments to Title 10 Chapter 52 and Title 10 Chapter 4 of the City of San Luis Obispo Municipal Code do not constitute a "Project" under CEQA Guidelines Sec. 15378. FISCAL IMPACT Budgeted: Yes Funding Identified: N/A Fiscal Analysis: Budget Year: On -going Current Remaining Annual Funding Total Budget Funding Balance Ongoing Sources Available Request Cost Parking Fund N/A N/A N/A N/A Total N/A N/A N/A N/A As an enterprise fund, the Parking fund relies on its revenue to cover the cost for all its obligations from operating cost, capital improvements to infrastructure, as well as debt coverage. As such, the rate changes set forth will secure the needed revenue as documented within the 2021-23 Financial Plan and adopted 2021-22 budget. Costs to implement the changes described within the language of the ordinances will be funded through the Parking Fund's annually appropriated Contracted Services and Miscellaneous Materials and Supplies budgets. ALTERNATIVES Do not adopt these ordinances at this time. Staff does not recommend this alternative because the City Council has already approved the introduction of the ordinances, the new multi -space pay stations have been installed, and the rate changes contained within the ordnance language are essential to the funding of the Palm-Nipomo parking structure. ATTACHMENTS A — Ordinance No. 1699 (2021 Series) B — Ordinance No. 1700 (2021 Series) Page 205 of 847 Page 206 of 847 ORDINANCE NO. 1699 (2021 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 10, CHAPTER 52 (PARKING METERS), OF THE SAN LUIS OBISPO MUNICIPAL CODE WHEREAS, California State law provides, in Vehicle Code Section 22508, that cities must establish parking meter rates by ordinance; and WHEREAS, the parking program needs to continue to be self-sufficient for its financial commitments; and WHEREAS, the City needs to continue to financially support the operation and debt service of the next City parking structure; and WHEREAS, the Council considered the parking revenue enhancement strategies presented as part of the 2021-23 Financial Plan staff report and held a public meeting on the proposed changes to the parking structure rates. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Chapter 10.52 (Parking Meters) of the San Luis Obispo Municipal Code is hereby amended as follows: Chapter 10.52 PARKING METERS AND PARKING PAYMENT CENTERS SECTION 2. Section 10.52.010 (Parking meter zone - Rates) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.52.010 Paid Parking zone — Rates. A. Within the area enclosed by a solid line on the parking rate zone map (Exhibit A) the parking of vehicles on streets or in municipal parking lots may be controlled and regulated with the aid of parking meters as defined in section 10.04.110 and/or parking payment centers as defined in section 10.04.120. B. Within the dotted area designated on the parking rate zones map (Exhibit A) the base rate for parking on streets or in municipal parking lots in the lower rate zone shall be one dollar and twenty-five cents per hour effective July 1, 2021. C. Within the cross -hatched area designated on the parking rate zones map (Exhibit A) the base rate for parking meters on streets or in municipal parking lots shall be one dollar and seventy-five cents per hour effective July 1, 2021. 01699 Page 207 of 847 Ordinance No. 1699 (2021 Series) Page 2 D. Within the grey -shaded area designated on the parking rate zones map (Exhibit A), the base rate for parking meters on streets or in municipal lots shall be two dollars per hour effective July 1, 2021. E. The tier -based parking rates, which allow a customer to extend their parking session beyond the posted number of hours, are as follows: 1. Tier 1: The base hourly rate per rate zone 2. Tier 2: The Tier 2 rate is effective for one additional hour beyond the Tier 1 time and is 50% above the Tier 1 rate rounded up or down to the nearest twenty-five cent increment whichever is closer 3. Tier 3: The Tier 3 rate is effective after expiration of the Tier 2 hour(s) and is 50% above the Tier 2 rate rounded up or down to the nearest twenty-five cent increment whichever is closer. F. Signage for the tier -based parking rates reflects the number of hours a vehicle may park at the base hourly parking rate (Tier 1) before subsequent tiered rates take effect. 1. 1 + parking rate: Parking up to one hour at the base hourly parking rate before Tier 2 is in effect. 2. 2+ parking rate: Parking up to two hours at the base hourly parking rate before Tier 2 is in effect. 3. 3+ parking rate: Parking up to three hours at the base hourly parking rate before Tier 2 is in effect. 4. 4+ parking rate: Parking up to four hours at the base hourly parking rate before Tier 2 is in effect. G. The Public Works Director may periodically adjust the hourly parking rates on any block or set of blocks within the areas designated on the parking rate zones map (Exhibit A) during the time of operation as detailed in section 10.52.020 up to and including 120% of the effective hourly rate based on the observed occupancy. Hourly parking rates shall be adjusted not more than every 30 days. (Ord. 1683 § 1 (Exhs. A, B), 2020: Ord. 1635 § 1 (Exhs. A, B), 2017: Ord. 1620 § 1 (Exh. A), 2015; Ord. 1568 § 1, 2011: Ord. 1552 § 2, 2010; Ord. 1532 § 2, 2009; Ord. 1492 § 1, 2006: Ord. 1233 § 1, 1993: Ord. 1194 § 1, 1991: Ord. 1099 § 1, 1987: prior code § 3213) SECTION 3. Section 10.52.020 (Installation) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.52.020 Installation. A. The Public Works Director or their designee(s) may cause parking meters, parking payment centers, and/or mobile payment methods to be installed and maintained in all parking rate zones. 01699 Page 208 of 847 Ordinance No. 1699 (2021 Series) Page 3 B. Parking meters shall be installed upon the curb or sidewalk area immediately adjacent to each parking space. Each meter shall be placed in such manner as to show or display by a sign or signal that the parking space adjacent thereto is or is not legally in use. C. Each parking meter shall be set to display, after the operational procedure has been completed, a sign or signal indicating legal parking for that period of time conforming to the limit of parking time for the zone in which the parking meter is installed, and shall continue to operate from the time of the completion of the operational procedure until the expiration of the time fixed as the parking limit or a portion thereof for the part of the street upon which the meter is placed. Each meter shall also be so arranged that upon the expiration of the legal parking time, it will indicate by a mechanical operation and by proper signal that the lawful parking period has expired. (Ord. 1628 § 37, 2016; prior code § 3213.1) D. Parking payment centers shall be installed upon the sidewalk area within reasonable distance to the paid parking spaces to which the payment center manages. E. Each parking payment center shall be set to display the applicable parking rates and instructions on use of the payment center. SECTION 4. Section 10.52.030 (Time of operation) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.52.030 Time of operation. The provisions of this chapter relating to the operation of parking meters, parking payment centers, and/or mobile payment methods shall be effective between the hours of nine a.m. and nine p.m. every Monday to Saturday and one p.m. to nine p.m. every Sunday; provided, that for good cause and upon a finding that such action will not jeopardize parking revenues as a necessary source of revenue for payment of outstanding bonded indebtedness, the council by resolution may temporarily suspend the parking meter and parking payment center operating provisions of this chapter for any or all of the city's parking rate zones. (Ord. 1566 § 1, 2011: Ord. 1099 § 2, 1987: prior code § 3213.2) SECTION 5. Section 10.52.040 (Operational procedure to be followed) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.52.040 Operational procedure to be followed. A. No person shall cause, allow or permit any vehicle, occupied or unoccupied, to remain stopped or parked in any metered parking space unless a sign or signal indicating that meter fees have been paid is displayed by the adjacent parking meter. (Ord. 1655 § 10, 2018: prior code § 3213.4) 01699 Page 209 of 847 Ordinance No. 1699 (2021 Series) Page 4 B. No person shall cause, allow or permit any vehicle, occupied or unoccupied, to remain stopped or parked in any space within a parking rate zone unless an active parking session is recorded and available for verification by City staff using the license plate number of the motor vehicle as entered into the payment center upon initiation of a parking session. SECTION 6. Section 10.52.050 (Unlawful to allow vehicle to remain parked after expiration of time) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.52.050 Unlawful to allow vehicle to remain parked after expiration of time. No operator of any motor vehicle shall permit the vehicle to remain parked in any paid parking space during any time that the meter is showing a sign or signal indicating that such space is illegally in use or during any time that an active parking session is not recorded and available for verification by city staff other than such time immediately after the original occupancy as is necessary to register a payment to show legal parking or as is necessary to operate the payment center to record an active parking session. (Ord. 1655 § 11, 2018: prior code § 3213.4) SECTION 7. Section 10.52.060 (Unlawful to increase or extend parking time) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.52.060 Unlawful to increase or extend parking time. No person shall follow the operational procedure or any part of the operational procedure for the purpose of increasing or extending the parking time of any vehicle beyond the legal parking time which has been established for the parking rate zone in which the motor vehicle is standing or parked. This section does not apply to areas where tier -based parking rates have been established. (Prior code § 3213.5) SECTION 8. Section 10.52.070 (Deposit of slugs — Tampering with or injury of) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.52.070 Deposit of slugs — Tampering with or injury of. No person shall deposit or cause to be deposited in any parking meter or parking payment center any defaced or bent coin, or any slug, device or metallic substitute for a coin of the United States, or deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter or parking payment center. (Prior code § 3213.6) SECTION 9. Section 10.52.080 (Use of for certain purposes prohibited) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.52.080 Use of for certain purposes prohibited. No person shall attach any unauthorized thing to or allow a bicycle, news -rack or any other article or thing to lean against a parking meter, parking meter standard, or parking payment center. (Prior code § 3213.7) 01699 Page 210 of 847 Ordinance No. 1699 (2021 Series) Page 5 SECTION 10. Section 10.52.090 (Rule of evidence) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.52.090 Rule of evidence. The parking or standing of any motor vehicle in a parking space, at which space the parking meter displays the sign or signal indicating illegal parking or at which space no active parking session can be verified by City staff using the license plate number of the vehicle, shall constitute a prima facie presumption that the vehicle has been parked or allowed to stand in such space for a period longer than permitted by this chapter. (Prior code § 3213.8) SECTION 11. Section 10.52.110 (Motorcycle spaces) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.52.110 Motorcycle spaces. The Public Works Director or their designee(s) may designate and cause to be installed and maintained parking spaces for the exclusive use of motorcycles, motorized bicycles, and motor driven cycles. (Ord. 1628 § 38, 2016: Ord. 936 § 1, 1982: prior code § 3213.11) SECTION 12. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the city' s rules and regulations. It is the city' s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 13. These amendments to Title 10 Chapter 52 of the City of San Luis Obispo Municipal Code do not constitute a "Project" under CEQA Guidelines Sec. 15378. 01699 Page 211 of 847 Ordinance No. 1699 (2021 Series) Page 6 SECTION 14. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 1st day of June, 2021, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on day of , 2021, on the following vote: AYES: NOES: ABSENT: Mayor Heidi Harmon ATTEST: Teresa Purrington City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on Teresa Purrington City Clerk 01699 Page 212 of 847 Ordinance No. 1699 (2021 Series) Page 7 Exhibit A a O ~ i m = z aL , >a �. a c 'Mo. D N N QMQ i n = m m m s 81 0606IN OF40dIN ................ r ; 4Y�ZI8 O'dda9 -m N90WVV _ Oakl4H0 ovuomo q t q 1 owbovi oaaoar x_ 9090 Soso C 2 � 2 t e+soa vsoa diilMS V1NVS 47 t z Z, m � IP m D (A � m � r 0 O1 _ m m i x tp aaoi iOct 0 V3 - 01699 Page 213 of 847 Page 214 of 847 ORDINANCE NO. 1700 (2021 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 10, CHAPTER 04 (DEFINITIONS), OF THE SAN LUIS OBISPO MUNICIPAL CODE WHEREAS, Title 10 Chapter 4 of the City's Municipal Code provides definitions of words and phrases used throughout Title 10; and WHEREAS, the City Council of the City of San Luis Obispo recently approved the purchase and installation of parking payment centers throughout the downtown area; and WHEREAS, the parking payment centers are a new technology for the City of San Luis Obispo that need to be defined within the City's Municipal Code to ensure that it is consistent with the State of California's Vehicle Code. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 10.04.120 (Parkway) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.04.120 Parking payment center. "Parking payment center" means an electronic parking meter or pay station serving one or more parking spaces SECTION 2. Section 10.04.130 (Passenger loading zone) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.04.130 Parkway. "Parkway" means that portion of a street other than a roadway or a sidewalk. (Prior code § 3200 (part)) SECTION 3. Section 10.04.140 (Pedestrian) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.04.140 Passenger loading zone. "Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. (Prior code § 3200 (part)) SECTION 4. Section 10.04.150 (Police department employee) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.04.150 Pedestrian. "Pedestrian" means any person afoot or who is using a means of conveyance propelled by human power other than a bicycle. (Prior code § 3200 (part)) 01700 Page 215 of 847 Ordinance No. 1700 (2021 Series) Page 2 SECTION 5. Section 10.04.160 (Police officer) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.04.160 Police department employee. "Police employee" means persons other than police officers who are authorized and trained to enforce traffic regulations. (Prior code § 3200 (part)) SECTION 6. Section 10.04.170 (Skateboard) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.04.170 Police officer. "Police officer" means every officer of the police department of this city or any employee authorized to direct or regulate traffic or to make arrests for violation of traffic regulations. (Prior code § 3200 (part)) SECTION 7. Section 10.04.180 (Stop) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.04.180 Skateboard. "Skateboard" means a wheeled object as defined in Section 10.76.010. (Prior code § 3200 (part)) SECTION 8. Section 10.04.190 (Stop or stand) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.04.190 Stop. "Stop," when required, means complete cessation of movement. (Prior code § 3200 (part)) SECTION 9. Section 10.04.200 (Vehicle code) of the San Luis Obispo Municipal Code is hereby amended as follows: 10.04.200 Stop or stand. "Stop or stand," when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic -control device. (Prior code § 3200 (part)) SECTION 10. Section 10.04.210 (Vehicle code) of the San Luis Obispo Municipal Code is hereby established as follows: 10.04.210 Vehicle code. "Vehicle Code" means the Vehicle Code of the state of California. (Prior code § 3200 (part)) 01700 Page 216 of 847 Ordinance No. 1700 (2021 Series) Page 3 SECTION 11. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the city' s rules and regulations. It is the city' s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 12. These amendments to Title 10 Chapter 04 of the City of San Luis Obispo Municipal Code do not constitute a "Project" under CEQA Guidelines Sec. 15378. SECTION 13. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 1st day of June, 2021, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 6th day of July, 2021, on the following vote: AYES: NOES: ABSENT: Mayor Heidi Harmon ATTEST: Teresa Purrington City Clerk APPROVED AS TO FORM- J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on Teresa Purrington, City Clerk 01700 Page 217 of 847 Page 218 of 847 Support of Downtown Businesses During and After the COVID Pandemic ❑ The Parking Fund removed over 100 on -street parking spaces to provide easy pick up / drop off zones as well as parklets for outdoor dining; ❑ The Parking Fund subsidizes 100% of the first hour free in the parking structures; ❑ The Parking Fund offered numerous free parking options to encourage customer engagement during the pandemic; ❑ The Parking Fund staff patrolled downtown and assisted with increased health and safety protocols during the pandemic; ❑ The Parking Fund did not implement approved rate increases for over a year in support of employees, customers, and businesses; ❑ Parking staff identified ways to modernize the services offered and embarked on that effort to, in the long term, better serve the public; and ❑ The max daily rate in the structures was lowered to $6, which costs employees less than before to park downtown each day. $45,000 $40,000 $35,000 $30,000 CO cu w $25,000 c $20,000 $15,000 $10,000 $5,000 0 Actual 2019-20 Parking — Long Term Forecast Current Forecast with No Action no Budget 2020-21 Budget 2021-22 Forecast 2022-23 Forecast 2023-24 Forecast 2024-25 Forecast 2025-26 � Revenue* Expenditure Unreserved Working Capital - Year End Includes debt proceeds in FY 23-24 Parking - Long Term Forecast on $50,000 With Proposed Revenue Strategy and Budget Changes $45,000 Palm-Nipomo $40,000 $35,000 $30,000 $25,000 $20,000 Re -balancing fund to healthy level $15,000 $10,000 � f $5,000 Actual 2019-20 Budget 2020-21 Budget 2021-22 Forecast 2022-23 Forecast 2023-24 Forecast 2024-25 Forecast 2025-26 Revenue* Expenditure — — Unreserved Working Capital - No changes Unreserved Working Capital w/ Enhancements * Includes debt proceeds in FY 23-24 Parking Rates Fund Modernization of Parking Programs incl. Construction of Palm-Nipomo ❑ These changes were reviewed publicly and approved by Council with the budget adoption for 2021-23; ❑ Parking is presently in transition from outdated programs from the 1950s to modern services that better serve customers and businesses alike; ❑ New revenue supports much -needed maintenance projects to the existing aging parking structures; and ❑ Funds efforts to build a new structure to meet the current demands of parking and support the cultural arts district at Palm and Nipomo. This will help with economic recovery and support small businesses.