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Home My WebLink About07/16/1991, C-4 - AUTHORIZATION TO REMOVE VEHICLES FROM POSTED NO PARKING TOW AWAY ZONE AREAS ON THURSDAY NIGHTS. IIIN�IRIIIIUIIIIIIIIII III MEETING I G DATE: ci or san lues osispo COUNCIL AGENDA REPORT ITEM N MBE :^ FROM: Dave Romero / Prepared by: Reith Opalewski Public Works Director Parking Manager SUBJECT: Authorization to remove vehicles from posted no parking tow away zone areas on Thursday nights. CAO RECOMMENDATION: Adopt a resolution granting authority for removal of vehicles in areas posted with permanent no parking 5:30pm to 9 : .00pm-tow away zone signs in the downtown area for Thursday night activities. BACKGROUND: For years the BIA has used temporary paper flyers to. post designated streets as no parking tow away zones for Thursday night activities. This process was cumbersome and costly for the BIA to do every Thursday. It also was difficult for enforcement personnel to readily see if the meters were expired because many times the flyers covered the top of the meter. Clean up was also a problem because the flyers were thrown in the street and the rubber bands used to hold the flyers in place often got twisted in the meter handle or door. About 18 months ago, the BIA approached the city with an idea from other cities that used small permanent signs glued around the meter poles informing the public of restricted parking zones. Staff checked with the City of San Diego and found that they had no problems with enforcing their restricted time limits when the signs were on the meter poles. As a result, this idea was implemented and permanent signs (Exhibit A) were placed on the meters poles. The new signs worked well and eliminated the previous problems that had existed with the temporary paper signs. The Muni Code grants authority for the City Engineer to install traffic control devices to restrict parking, and it also allows vehicles to be removed from areas that are posted 24 hours in advance for tow away zones. Therefore, it was felt that we had authority to utilize these permanent meter pole signs. However, more recently the question of legality of the signs was brought to light when a citation was challenged in court. Although the signs give the public "reasonable notice" of the Thursday night parking restrictions, the small signs glued on the pole technically do not meet the standards of the uniform traffic control devices when they are used by themselves because they do not meet the minimum site ��h��►n►i►milllllillP10111111 city of san LaIs OBispo as Imms COUNCIL AGENDA REPORT Council Agenda Report Page Two of 12 inches by 18 inches for street signs. To meet Department of Transportation standards for street signs, all existing combination "No parking 3am-5am and 2 hour gam-bpm" parking signs will have to be changed to include the Thursday night restricted parking and tow away zone information. This typically is 4 signs per block (two each side) which will have to be changed in the affected area. The existing meter pole signs will remain in place because even though the new street signs would meet sign standards, without the meter pole signs the public would in all likelihood not see the normal street signs informing them of the Thursday night parking restriction. The combination of new street signs, along with existing meter pole signs, will be the best solution and meet all legal requirements. i Since there is no resolution on file for removing vehicles from i the closed street area when "permanent" signs are installed, a resolution granting authority to remove vehicles from the closed streets will have to be passed. The wording of the resolution allows the vehicle to be immobilized if it is determined to be a risk to tow the vehicle through the Farmers' Market area. i ALTERNATIVES: 1. Continue with the temporary paper signs. 2 . Not enforce the Thursday night restriction. 3 . Continue with only the small meter pole signs, knowing that the city has questionable authority to tow vehicles. PROS AND CONS As mentioned before, the temporary papers signs which were posted and removed each week did not work well. They are time consuming and costly, and they make meter enforcement more difficult for our field personnel. The also are a nuisance with regards to clean up because many times they are thrown in the street or on the sidewalk. Furthermore, temporary signs can be easily removed, which can cause a person to be cited or towed unnecessarily. ! Allowing vehicles to park unrestricted in the Farmers' Market street closure area would pose an extreme safety hazard and eliminate a lot of vendor street space. This practice would be counter productive to the intent of restricting vehicles in the closure area. Also moving vehicles from the closure area during Market times would be very inconvenient to the public and/or dangerous if someone tried to drive through the crowd in order to leave the area. Continuing with only the small meter pole signs does not resolve the problem of having the proper authority to tow vehicles. Unless ��I»ni►►�Villlllllll° �IIIIII city of san LaIs OBispo COUNCIL AGENDA REPORT Council Agenda Report Page Three the appropriate size signs are installed, and a resolution granting authority to remove vehicles is passed, the city will continue to be subject to legal challenges for towing. FISCAL IMPACT: Converting all existing street signs in the Farmers' Market closure area would be approximately $1500 for 40 signs in addition to city labor cost in replacing existing signs. Sufficient funds are available in the Streets Division sign account to cover this expenditure. CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION Not taking the recommended action of adopting a resolution for placement of permanent signs and the authority to remove illegally parked vehicles will allow the issue to remain unsettled. In order to assure citations written for illegally parked vehicles to have validity in court, this action is necessary. It will also help the public by placing more permanent street signs so they have more notice of the restricted parking requirement on Thursdays. STAFF RECOMMENDATION: Since Farmers' Market is such a vital part of our community, staff feels the city should do all that it can to make it safe and function well. The Tow Away resolution and the re-signing will i work toward that end. I i Exhibit A Parking Sign Now in Place on Meter Poles Exhibit B Proposed Resolution Exhibit C Proposed Street Sign I I I ING 30 5 PM • 00 PM 5 30 goo Pm PM THURSDAYS , THURSDAY$. TOW AWAY ZONE TOW AWAY ZONE"j, 1, VEHICLES WILL BE TOWED' VEHICLES:WILL. BE-.-.TOWED=: AT OWNER'S EXPENSE. AT OWNER'S EXPENSE., CVC 22651(M): SLOPD 549-7310 CVC 22650Y SLOPly, 549-7310* :: RESOLUTION NO. (1991 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE REMOVAL OR IMMOBILIZATION OF ILLEGALLY PARKED VEHICLES IN THE NO PARKING TOW AWAY ZONE AREA OF DOWNTOWN ON THURSDAYS DURING THE HOURS OF 5: 30PM TO 9:OOPM WHEREAS, the City Council has approved the closure of downtown streets on Thursday nights for Farmers' Market activities; and WHEREAS, the City wishes to ensure no vehicles are parked on the streets where Farmers' Market activities take place each Thursday between the hours of 5:30pm to 9:OOpm; and WHEREAS, the BIA has requested the placement of permanent No parking Tow Away Zone signs in the Farmers' Market closure area; and WHEREAS, the City must meet parking sign standards and give the public reasonable notice of the parking restrictions on Thursday nights; and WHEREAS, the City shall install permanent street signs which meet Department of Transportation standards for size and color informing the public of the no parking and tow away zone restrictions on Thursdays between the hours of 5 :30pm to 9: OOpm. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: A. It shall be illegal for vehicles to park on downtown city streets which are posted with authorized signs establishing the area as a No parking Tow Away Zone on Thursdays between the hours of 5:30pm to 9:OOpm. B. Authorized city personnel shall be able to issue parking citations for prohibitive parking and/or remove (tow) the vehicle under California Vehicle Code (22651n) and/or immobilize the vehicle in place if it is determined by authorized personnel to create an unnecessary risk to the public to remove said vehicle. Exhibit B Ce y ~5 Resolution No. (1991 Series) Page Two On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of , 1991. MAYOR RON DUNIN ATTEST CITY CLERK APPROVED: CITY ADMINISTRATIVE OFFICER ATT RNE CITY FINANCE DIRECTOR PUBLIC WORKS DIRECTOR L PZ IRK H (a Hc( o � oo � �o � oo a � U o �'I V � LrZ1 �J V LrZ1 LJ � a oo pH FOR 40WED CSAR* PHOME SLS® P.D. 649=77292 o� � Ooo p Qoo� O � oo 0o Q m 0 M Exhibit C 04-7