TO: Honorable City Council
FROM: City Manager
SUBJECT: Appeal to Traffic Commission Denial of Disabled Blue Curb Parking Request at 7158 Watcher Street MEETING DATE: October 24, 2023
RECOMMENDATION:
City Council to consider upholding the Traffic Commission’s action to deny a blue curb parking request at 7158 Watcher Street based on parking concerns in the City and the following circumstances: (1) Applicants’ driveway can be used for access by the physically challenged resident’s vehicle consistent with the Blue Curb Parking Policy approved by City Council on October 11, 2022.
BACKGROUND:
The City received an application from Mr. Muñoz, resident at 7158 Watcher Street, a 2-unit family residence, requesting an on-street physically challenged accessible parking space (blue curb) in front of their residence. Mr. Muñoz specified that the reason for the blue curb request is because the parking on-site is reserved solely for the property at the back, and he does not have permission to park on-site.
Based on a thorough review, Staff recommended to the Traffic Commission that the blue curb request be denied consistent with the revised “Policy and Procedures for On-Street Physically Challenged Accessible Parking Space Policy (Blue Curb Parking Policy)” that was adopted by the City Council on October 11, 2022 (see Attachment 1).
The Traffic Commission during its regularly scheduled meeting on July 12, 2023, heard staff report recommending denial and the applicants’ reasons requesting approval of their blue curb application (see Attachment 2). The Traffic Commission moved to deny the applicant’s request for a disabled blue curb parking space at 7158 Watcher Street due to the applicant’s property having parking on-site. The property’s driveway can accommodate approximately 8 vehicles, the driveway is approximately 35-feet by 16-feet and then narrows to 10-feet in width for 64-feet.
The applicant subsequently submitted their appeal to the City Council to overturn the Traffic Commission’s decision to deny their application. The City Clerk received the signed and dated appeal form on August 3, 2023 (see Attachment 3).
On September 26, 2023, City Council directed staff to contact Mr. Muñoz and ask the applicant several questions. Staff contacted Mr. Muñoz on October 3, 2023 and obtained the below responses:
Is the applicant the owner or a renter? Renter.
Is the second rear unit rented out and is the owner willing to share the rental agreement to show that the driveway usage is part of the rental agreement terms? The owner lives in the second unit, the resident stated that there was no mention about parking being available on-site for his use in his rental agreement.
Is there any cooperation possible between the two units for shared driveway usage? The resident stated that he has discussed this with the owner, but it is difficult to come to an arrangement because his family/kids drive in and out of the driveway at all times of the day/night and it would be an inconvenience to have the renter park in the driveway and have to ask him to move his vehicle.
Is the owner willing to widen the driveway to accommodate onsite parking for the front unit? The resident said they also discussed this option, but it would be too costly and it does not seem feasible because of the existing fence and there is a water meter that would need to be relocated in order to widen the driveway.
Further, staff followed up with Code Enforcement due to the non-permitted car repair activities occurring at the end of this cul de sac as construction or repairing of a vehicle on a public street is a violation of C.M.C. 10.44.060, which is enforced by the City’s Community Service Officers (CSOs). It is violation 14 printed on parking citations. The fine is $120.00.
A case may be made that a repair business is being conducted from the property if there is proof the person conducting repairs lives at the property and multiple vehicles being repaired are not registered to the address. Public Safety is following up on these activities and citing as needed.
FISCAL IMPACT
No fiscal impact if the City Council approves staff recommendation. If the City Council approves the installation, the lump sum cost of painting the curb blue and installing the disabled person sign next to the blue curb is approximately $800 which will come from the Public Works Operating Budget.
ALTERNATIVES:
Approve recommendation
Reject recommendation
Provide staff with further direction
RELATIONSHIP TO STRATEGIC GOALS:
This agenda item relates to the 2016 Strategic Plan:
Community Quality of Life
Guiding Principle 4, Support and evaluate community services, programs and events that promote healthy and quality lifestyles for our residents. Enhance public safety and social services through innovative programs that meet the needs of the residential and business communities.
Recommended by: Gina Nila, Department of Public Works
Reviewed by: Vilko Domic, Assistant City Manager
Approved as to form by: Noel Tapia, City Attorney
Respectfully submitted by: Edgar P. Cisneros, City Manager ATTACHMENTS:
Blue Curb Policy
Traffic Commission Agenda Report
Request to Appeal to the City Council the Traffic Commission Decision to Reject the Disabled Blue Curb Parking Space at 7158 Watcher Street
CITY OF COMMERCE
AGENDA REPORT
Item No.