Fremont City Council Meeting: 10/08/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Manager's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5285) DOC ID: 5285
Updated: 10/4/2024 8:08 AM by Dina Lewis Page 1
PARKING ENFORCEMENT AUTHORITY ORDINANCE - Introduce an Ordinance Amending Section 10.05.550 and Adding Section 10.05.555 to the Fremont Municipal Code to Enhance Parking Enforcement Authority Contact Persons:
Name: Allen DeMers Sean Washington
Title: Deputy City Manager Police Chief
Div/Dept: City Manager's Office Police Department
Phone: 510-494-4651 510-790-6969
E-Mail: [email protected] [email protected]
Executive Summary: This staff report proposes revisions to Fremont Municipal Code parking regulations. The proposed code amendments are intended to make enforcement of existing rules prohibiting long term street parking more effective and to prohibit the parking of large vehicles in residential areas under most circumstances.
BACKGROUND: Members of the Fremont City Council have generally expressed a desire for increased enforcement and regulation of homeless encampments, inclusive of vehicle -based encampments. On April 2, 2024, staff presented parking enforcement options for Council consideration and subsequently implemented large vehicle parking restrictions in Safe-Routes-to-School zones. On June 28, 2024 a U.S. Supreme Court ruling overturned Johnson v. Grants Pass which restricted enforcement of anti-camping rules when alternative shelter is not available. On September 17, 2024 staff updated the City Council on several options under consideration to revise the City of Fremont’s municipal code to effectuate new camping and vehicle parking enforcement.
DISCUSSION/ANALYSIS: The Grants Pass decision allows the City additional latitude to intervene and further enforce limitations upon vehicles parked on the street in the City of Fremont, including those being used as shelter even when no alternative shelter is available. This staff report outlines and summarizes two municipal code revisions staff has assessed to be responsive to Council direction. A third code revision recommending the implementation of a general camping ban will be presented to the City Council upon its completion at a future meeting. The complete, technical proposed amending ordinance is attached to this staff report in its entirety.
Proposed 72 Hour Parking Restriction Code Amendment:
The most significant elements of the newly proposed code amendments are summarized as follows:
• Any vehicle that has been parked or left standing in the same location or parking spot for seventy-two (72) consecutive hours must be moved at least one thousand (1,000) feet (approximately two-tenths (2/10) of a mile) from its current location and may not return to the same parking spot for at least twenty-four (24) hours after its departure.
Council Staff Report (ID # 5285) Meeting of October 8, 2024 Updated: 10/4/2024 8:08 AM by Dina Lewis Page 2
• Prior to removing any vehicle from the street for violation of this seventy-two (72) hour parking limit, the California Vehicle Code requires that a warning notice advising that the vehicle will be removed or towed for violation of this code section if the vehicle is not moved at least one thousand (1,000) feet from its current location within the next thirty-six (36) hours shall be conspicuously affixed to the vehicle. The notice shall also advise that the vehicle shall not be returned to its current parking spot for at least twenty-four (24) hours after departure and, if it does return, it will be subject to immediate removal.
Proposed Ban on Large Vehicle Parking in Residential Areas of the City of Fremont The most significant elements of the newly proposed code addition are summarized as follows:
• Oversized Vehicle will be defined as any motorized vehicle or combination of motorized vehicle(s) and/or non-motorized vehicle(s), including any attached trailers, vehicle or loads thereon, which exceeds 22 feet in length, and/or 6 feet in width and 7 feet in height.
• Oversized Vehicles will generally be restricted from parking on any public street within 100 feet of a residential property line, including multi-family residential and/or mixed-use housing.
• California Vehicle Code requires that enforcement begin with a written warning notice by an authorized representative of the City and violating vehicle owners will be provided twenty-four hours to address the violation prior to the issuance of a citation and that subsequent violations of the ordinance may include the removal of the vehicle.
• After issuance of the required written warning, an oversized vehicle may be removed from the street.
• Several enforcement exemptions are proposed in the new code language to allow service and construction vehicles to access residential areas and to allow for the loading and unloading of oversized vehicles in use by residents.
Prioritization and Service Delivery
Response to violations outlined in the revised code would be largely complaint -based, which means that complaints from the community would be compiled and prioritized by the City of Fremont’s enforcement and regulatory staff. In the absence of sufficient resources to address all submitted complaints, priority will be granted to locations that enforcement staff assess to create specific traffic safety and/or pedestrian safety hazards. In the case of vehicles being used as shelter, staff will prioritize enforcement where an encampment substantially violates the City’s encampment condition guidelines. Staff will seek to prioritize locations adjacent to educational facilities or locations frequented by children and families.
The Fremont Police Department currently assigns two Parking Compliance Officers (PCOs) to work opposite patrol shifts. This allows for daily PCO coverage to address parking issues throughout the entire city. One PCO is on duty each day of the week. On average, a PCO responds to approximately ten locations per day to conduct compliance checks, issue citations, and/or facilitate the tow of a vehicle. If there is a hostile subject or suspect Council Staff Report (ID # 5285) Meeting of October 8, 2024 Updated: 10/4/2024 8:08 AM by Dina Lewis Page 3
associated with a vehicle involved in other criminal activity, or if a vehicle needs to be towed, the PCO must have sworn Police Officers respond to their location. Additionally, a Community Service Officer (CSO) is assigned to oversee the PCO duties, and to manage the workload. The PCO program falls under the Traffic Unit reporting to the Traffic Lieutenant and Traffic Sergeant.
Substantially expanding parking enforcement above and beyond the current model will require a diversion of law enforcement resources from other activities or will require an expansion of assigned staff. When last analyzed in advance of the April 2, 2024 City Council meeting, staff assessed that an expansion of parking enforcement staff would ideally include the assignment of two additional Police Officers, two additional Community Service Officers, and four additional Parking Compliance Officers at a total ongoing expense of approximately $1.2 Million along with additional one-time expenses for equipment and material.
FISCAL IMPACT: Amending the municipal code as recommended carries no immediate fiscal impact. The Police Department will assess its ability to enforce the revised code using existing resources and will recommend necessary adjustments during the budget process.
ENVIRONMENTAL REVIEW: The proposed ordinance is not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS:
• 2024.10.08 - Draft Ordinance Parking Restriction
RECOMMENDATIONS:
1. Find that ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.
2. Waive the first reading and introduce the attached ordinance amending Section
10.05.550 and adding Section 10.05.555 to the Fremont Municipal Code.
3. Direct the City Clerk to post and publish the ordinance in accordance with Government Code Section 36933(c)(1).