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HomeMy WebLinkAbout09-03-2019 Item 13 - 2nd Reading Muni Code Amendment - Loading Zone marking and times Department Name: Public Works Cost Center: 5101 For Agenda of: September 3, 2019 Placement: Consent Estimated Time: N/A FROM: Daryl Grigsby, Public Works Director Prepared By: Timothy Scott Bochum, Deputy Director of Public Works/Parking Manager SUBJECT: SECOND READING OF ORDINANCE NO. 1666 (2019 SERIES) RELATED TO ESTABLISHING LOADING ZONES THROUGH MARKINGS AND SIGNAGE AND ESTABLISHING TIME LIMITS BY RESOLUTION. RECOMMENDATION Adopt Ordinance No. 1666 (2019 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Municipal Code, Title 10 Vehicles and Traffic Regulations” DISCUSSION Background On August 20, 2019, the City Council voted 5-0 to introduce Ordinance No. 1666 (2019 Series), approving amendments to Title 10 Vehicles and Traffic Regulations of the Municipal Code to include the following: Section 10.44.010 Loading Zones – Marking – Authority • Added provision that passenger loading zones could be established using signs, or combination of signs and white paint upon the curb. Section 10.44.040 Passenger Zones – Time restrictions for loading and unloading. • Changed title of Section to “Passenger Zones” • Added provision that passenger loading zone hours can be established by Council resolution Policy Context Title 10 of the Municipal code establishes regulations for vehicles and traffic. Section 10.14.010 establishes the authority of the Director of Public Works to place and maintain traffic control devices and more specifically where to mark loading zones. This section also states that passenger loading zones “shall” be established as “indicated by white paint”. Because of the special nature of the proposed pilot late-night passenger loading program, the use of white paint on curbs to designate the parking restrictions would be confusing to motorists and the public. Much of this curb space is used for general parking during the day and white paint would be confusing pursuant to existing code regulations. Packet Pg. 125 Item 13 This ordinance amendment establishes that passenger loading zones can be designated by white paint, the installation of traffic control signs that indicate the hours of operation for the zone or a combination of both. Additionally, the ordinance amends Section 10.44.040 to revise the title of “White” zones to “Passenger” zones to reflect the change in Section 10.14.010 above and clarify that hours of operation can be set by Council resolution. Public Engagement All public engagement has been done in accordance with the City’s Public Engagement and Noticing Manual. Staff has worked with Downtown SLO and other interested individuals in evaluating this amendment and the Downtown SLO Board voted to support the amendment at their August meeting. CONCURRENCE The Police Department has reviewed and supports this recommendation. ENVIRONMENTAL REVIEW The recommended action is considered a “project” under the California Environmental Quality Act (CEQA) Guidelines; however, it is exempt from review per the general rule exemption sec. 15061(B)(3). FISCAL IMPACT Budgeted: Yes Budget Year: On-Going Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund N/A Parking Fund N/A None. N/A Total There are no direct costs associated with adoption of this ordinance. Costs associated with the use of traffic control devices allowed under these amendments will be funded by appropriate funding sources depending on the type of project being completed. In general, most costs will be funded by the Parking Fund as individual passenger zones are enacted, and signs or markings are installed as part of a budgeted project. Packet Pg. 126 Item 13 ALTERNATIVES Do Not adopt Ordinance at this time. Staff does not recommend this as an alternative because the existing language of the Municipal Code regarding the way’s passenger loading zones can be established (white paint only) is limiting and there are circumstances where traffic control signs are preferable to curb painting. Attachments: a - Ordinance No. 1666 (2019 Series) Packet Pg. 127 Item 13 O 1666 ORDINANCE NO. 1666 (2019 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING MUNICIPAL CODE TITLE 10 REGARDING VEHICLES AND TRAFFIC WHEREAS, the City recognizes the need to accommodate ride share vehicles and taxicabs in the downtown area by allowing passenger vehicles the ability to load and unload passengers in loading zones without being subject to citation; and WHEREAS, passenger loading and unloading in the downtown can be problematic and potentially hazardous for drivers and passengers during the late-night period when there is little turnover of curb spaces for loading purposes and no designated passenger unloading zones; and WHEREAS, the City recognizes the need to discourage passenger loading and unloading in vehicular travel lanes and that loading from adjacent curbs is preferable; and WHEREAS, Title 10 of the Municipal Code already establishes the authority of the Public Works Director to establish passenger loading zones in the central traffic district by place and time however those passenger zones are to be indicated by white paint; and WHEREAS, late night passenger loading activities need to have specific areas designated for the loading and unloading of passengers, particularly those using ride share vehicles or taxicabs and that a blanket white curb installation would be confusing to motorists and the public; and WHEREAS, the use of signs to denote the limits and time restrictions for passenger loading zones may be preferable to white paint in certain circumstances; and WHEREAS, the California Vehicle Code and State Manual on Uniform Traffic Control Devices allow for loading zones to be established by signage, painting or a combination of both. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 10.44.010 of the San Luis Obispo Municipal Code, entitled Loading Zones – Marking – Authority, is hereby amended to read as follows: 10.44.010 Loading Zones – Marking – Authority. A. The public works director or their designee(s) is authorized to determine and to mark loading zones and passenger loading zones as follows: 1. At any place in the central traffic district or any business district; 2. Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly. B. Loading zones shall be indicated by yellow paint upon the top and side of all curbs in the zones. Packet Pg. 128 Item 13 Ordinance No. 1666 (2019 Series) Page 2 O 1666 C. Passenger loading zones shall be: 1. Indicated by white paint upon the top and side of all curbs in the zones.; or 2. Traffic control signs indicating Hours of operation and use times as set by resolution or ordinance of the Council; or, 3. A combination of the above. SECTION 2. Section 10.44.040 of the San Luis Obispo Municipal Code, entitled White Zones – Time restrictions for loading and unloading, is hereby amended to read as follows: 10.44.040 Passenger Zones – Time restrictions for loading and unloading. A. No person shall stop, stand or park any vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in this section or by resolution of the Council. B. Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage and shall not extend beyond the time necessary therefor and in no event for more than ten minutes and during such time the vehicle may be left unoccupied to accommodate the use. SECTION 3. 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 4. 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 20th day of August 2019, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 3rd day of September 2019, on the following vote: AYES: NOES: ABSENT: ____________________________________ Mayor Heidi Harmon Packet Pg. 129 Item 13 Ordinance No. 1666 (2019 Series) Page 3 O 1666 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, this ______ day of ______________, _________. ______________________________ Teresa Purrington City Clerk Packet Pg. 130 Item 13 RECEIVED SIFP 0 3 2019 SLO CITY CLERK 1010 Marsh St., San Luis Obispo, CA 93401 (805) 546-8208 • FAX (805) 546-8641 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of San Luis Obispo, 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 interested in the above entitled matter. I am the principal clerk of the printer of the New Times, a newspaper of general circulation, printed and published weekly in the City of San Luis Obispo, County of San Luis Obispo, and which has been adjudged a newspaper of general circulation by the Superior Court of the County of San Luis Obispo, State of California, under the date of February 5, 1993, Case mmriber CV72789: that 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 sanewspaper and not in any supplement the ev on the following dates, to -wit: in the year 2019. 1 certify (or declare) under the the penalty of perjury that the foregoing is true and correct. Dated at San Luis Obis C o. aiifor ie., this day'. of '11 _2019. V — ?uhi��c Patricia Horton, New Times Legals Admin K. Pc L,n L+•NTI iG A&,4,NTMG ORicdBUS IN ES,S,T,Ilic Nodccs/Pn &of Pub Proof of Publication of ORDINANCE NO. 1666 (2019 SERIES) AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING MUNICIPAL CODETITLE 10 REGARDING VEHICLES ANDTRAFFIC NOTICE IS HEREBY GIVEN that the City Council of the City of San Luis Obispo, California, at its Regular Meeting of August 20, 2019, introduced the above titled ordinance upon a motion by Council Member Christianson, second by Council Member Stewart, and on the following roll call vote: AYES: Council Member Christianson, Gomez, Stewart, Vice Mayor Pease, and Mayor Harmon NOES: None Ordinance No. 1666 (20 19 Series) —This is a City Ordinonco concerning vehicular and pedestrian safety hazards associated with vehicles stopping in travel lanes to pick-up and drop-off passengers; particularly in the late evening. To address the safety issue, the City Ordinance adds a provision that passenger loading zones could be established using signs, or combination of signs and white paint upon the curb; and adds a provision that passenger loading zone hours. can be established by Council Resolution. The Council Resolution will establish a pilot program to implement a 12 -month passenger loading and unloading zone between 10:00 p.m. and 3:00 a.m. in Downtown San Luis Obispo on Higuera Street, both sides, between the blocks of Garden and Broad Streets, and on Chorro Street in the existing commercial zone in front of Luna Red. Afull and complete copy ofthe aforementioned Ordinance is avallablefor inspection and cepyln the City Clerk's Office, located at 990 Palm Street, San Luis Obispo, California, or you may all ;805)781-7100 for more information. NOTICE IS HEREBY FURTHER GIVEN that the City Council of the City of San Luis Obispo will consider adopting the aforementioned Ordinance. at its Regular Meet