Agenda Item No. 10
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of April 25, 2023
_______________________________ _________________________________ Prepared by: Approved by:
Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: CITY HALL PARKING RESTRICTIONS
RECOMMENDATION:
That the City Council:
1. Introduce on the first reading, and continue to its meeting of May 9, 2023, for second reading and adoption, Ordinance No. 2023-510 amending Chapter 10.24 of the Guadalupe Municipal Code to restrict twelve (12) designated parking spaces on the east side of Obispo Street between Ninth and Tenth Streets for the use of City of Guadalupe employees and to create 10-minute limited public parking (from 7 a.m. – 5 p.m., Monday – Friday, except for holidays); and
2. Adopt Resolution No. 2023-31 to establish preferential permit parking for City of Guadalupe employees for the twelve (12) designated parking spaces on the east side of Obispo Street between Ninth and Tenth Streets.
BACKGROUND:
In December 2022, City staff met with the Guadalupe Union School District (GUSD) and worked on several proposals to alleviate traffic congestion during morning and afternoon school hours at Mary Buren Elementary School. As part of this plan and in anticipation of possible parking issues on Obispo Street in front of City Hall, Chief Cash advised City staff that the police would be issuing parking permits to City employees only, and any vehicles parking in the marked “Employee Parking” spaces without a visible permit, would be subject to citation. A document illustrating his proposed plan for parking at City Hall is attached hereto (Attachment 1).
The traffic plan was implemented after the school year commenced in January 2023, but some concerns about it were mentioned by Councilmember Costa at the City Council meeting on January 24, 2023. He requested that this matter be placed on a future Council agenda. This occurred at the February 14, 2023, Council meeting, at which time the Council directed staff to meet with GUSD personnel again to discuss a revised plan and to return to the Council when a plan has been completed. This has not yet occurred.
Philip F. Sinco
The permit parking plan for City Hall was also part of the February 14, 2023, agenda item, but has also not yet been implemented because the City Attorney advised the City Council at the February 14, 2023, meeting that the City Council would need to approve any new parking regulations.
DISCUSSION:
There are currently 25 parking spaces on the east side of Obispo Street between Ninth and Tenth Streets in front of City Hall. The proposed City Hall parking plan (Attachment 1) involves designating twelve (12) of these parking places as parking for City employees only, and four (4) of them as 20-minute (limited time) public parking. The plan includes painting the curbs in front of the employee only spaces with “Employee Parking” in black letters (inside a white painted area), and painting the curbs green (with no lettering) for the 20-minute parking spaces. Finally, this plan proposes that a “20 Minute Parking” sign would be posted with arrows pointing north and south to indicate the limited time parking places. The existing handicap parking space will remain as it is as will eight (8) unrestricted public parking places.
The 20-minute parking sign on the proposed City Hall Parking Plan (Attachment 1) indicates that the hours the 20-minute limitation would be in effect would be from 8:30 a.m. through 5:30 p.m. and does not exempt weekend days or holidays. Since this plan was originally proposed, staff determined that the effective hours should be from 7:00 a.m. to 5:00 p.m. on Mondays through Fridays, except for holidays, and any posted sign(s) will provide this information. In addition, after further consideration, staff decided that the 20-minute parking places should be designated as 10-minute parking places instead and that “10 MIN PARKING” should be painted inside the green paint on the curb for these spaces. The purpose of these four (4) limited-time parking places is to provide a convenient place those persons who need to access City Hall for a short period of time, such as for paying water bills or making a delivery. Although not yet authorized by the City Council, the limited time parking places have already had the curbs in front of them painted green with “10 MIN PARKING” stenciled in the painted area. The employee only spaces have also already been painted with the “EMPLOYEE PARKING” letters stenciled in the painted areas.
Although not stated in the proposed City Hall parking plan (Attachment 1), a permit system will also be implemented, and any vehicles parked in the employee only spaces that do not display a permit (during the hours of 7:00 a.m. through 5:00 p.m., Monday through Friday, except for holidays) will be subject to citation.
The state has assumed all legal authority for enacting laws concerning parking on public streets, but it has delegated much of this power to local jurisdictions.
California Vehicle Code section 22507 provides, in relevant part, as follows:
(a) Local authorities may, by ordinance or resolution, prohibit or restrict the … parking, or standing of vehicles, …. The ordinance or resolution may include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution….
(b) An ordinance or resolution adopted under this section may also authorize preferential parking permits for members of organizations, professions, or other designated groups, including, but not limited to, school personnel, to park on specified streets if the local authority determines that the use of the permits will not adversely affect parking conditions for residents and merchants in the area.
"The initial grant of power in [California Vehicle Code] section 22507 broadly empowered localities to regulate parking within their jurisdictions. The subsequent statutory amendments to section 22507 have expanded rather than restricted the powers accorded local government over parking matters." (Friedman v City of Beverly Hills (1996) 47 Cal.App.4th 436, 443). This case is cited as support for the City Council to enact the proposed changes discussed above, even though the authority granted by Section 22507 does not clearly state that a city can limit public parking spaces on a public street to a city’s employees only. Since Section 22507 provides that a local government can designate public parking on public streets for the use of residents or merchants, or to “other designated groups, including but not limited to school personnel,” and in light of the “grant of power” given to cities to regulate parking within their jurisdictions in general, it appears to be within the authority of a city to limit some public parking spaces for the use of its employees only, so long as the use of permits for such purpose “will not adversely affect parking conditions for residents and merchants in the area.” Based on the foregoing, the City Council is empowered to designate some public parking spaces on Obispo Street for the use of City employees if it makes the required findings that by doing so, parking conditions for residents in the area will not be adversely affected. Staff does not believe that designating about one-half of the available parking on the east side of Obispo Street between Ninth and Tenth Streets for City employees will adversely impact parking conditions for residents (since the entire west side of Obispo Street between Ninth and Tenth Streets is available for residents to park) or merchants (because there are not businesses operating in this area).
There is currently no provision in the Guadalupe Municipal Code (GMC) for permit parking, but as stated in Vehicle Code section 22507 (quoted above), the City Council is authorized to establish permit parking by ordinance or by resolution. The City Council approved a “pilot program” for preferential residential parking at its meeting on July 12, 2022, by resolution, to provide relief to residents who reside in the 1000 block and who do not have onsite parking to apply based on hardship for permits to park on Guadalupe Street during restricted hours (except during the hours designated for street sweeping), and staff is recommending that the Council adopt Resolution No. 2023-31 (Attachment 2) establishing preferential permits for the benefit of City employees to park on Obispo Street in front of City Hall.
In addition to this resolution, City staff is recommending that the Council approve an ordinance (Attachment 3) that will amend Section 10.24.090 of the GMC to allow 10-minute limited time parking during the hours of 7:00 a.m. – 5:00 p.m., Monday-Friday, except for holidays observed by the City of Guadalupe. Currently, the City’s Municipal Code only allows for 20-minute limited parking during the hours of 9:00 a.m. – 6:00 p.m., Sundays and holidays excepted.
Finally, in order to allow the Guadalupe Police Department to issue citations for vehicles parked in the employee only spaces on Obispo Street without a displayed parking permit, a new section is needed to be added to Chapter 10.24 of the GMC. This new section is Section 10.24.085 which creates a City Hall parking district (similar to the Downtown parking district of GMC Section 10.24.080). This is because Section 10.24.130 provides that penalties for parking violations (i.e., citations/fines) may only be issued for violations of GMC sections 10.24.080 through 10.24.120.
FISCAL IMPACT
Approval of the ordinance and resolution will result in insignificant impacts to the general fund related to posting signs and painting of curbs.
ATTACHMENTS:
1. City Hall Parking Plan
2. Resolution No. 2023-31
3. Ordinance No. 2023-510 entitled “An Ordinance of the City of Guadalupe Amending Chapter 10.24 of the Guadalupe Municipal Code Regarding Stopping, Standing, and Parking.” Proposed New Parking Layout for City Hall
918 Obispo St, Guadalupe CA 93434
Note:
- One Handicap parking on the South end (Ninth St / Obispo St) (Standard Handicap painting) (Already existing) - 12 Employee parking spaces. 6 on the south side and 6 on the north side (White Curb with 4” black letters “Employee Parking”) - 4 – 20 Min Parking in the center (in front of City Hall main door) (Paint Curb Green with 4” white Letters “20 Min Parking”) - 8 Public Parking Spots split 4 on either side of the “20 Min Parking.” (Unpainted curb, no lettering) - Add Post with a sign for 20 Min Parking
Employee Parking Public Parking 20 Min Parking Public Parking Handicap Parking Employee Parking
ATTACHMENT 1
1 RESOLUTION NO. 2023-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA,
ESTABLISHING PREFERENTIAL PERMIT PARKING FOR CITY OF GUADALUPE EMPLOYEES ON
THE EAST SIDE OF OBISPO STREET BETWEEN NINTH AND TENTH STREETS WHEREAS, under California Vehicle Code §22507, cities may by resolution designate streets upon which adjacent businesses and residents and their guests as well as other designated groups, including but not limited to school personnel, may have preferential parking privileges via a permit system, while other parking is restricted; and
WHEREAS, Section 22507 initially broadly empowered localities to regulate parking within their jurisdictions, and amendments to this section have expanded rather than restricted the powers accorded local government over parking matters (See, Friedman v City of Beverly Hills (1996) 47 Cal.App.4th 436, 443); and
WHEREAS, even though the authority granted by Section 22507 does not clearly state that a city can limit public parking spaces on a public street to a city’s employees only, since Section 22507 provides that a local government can designate public parking on public streets for the use of residents or merchants, or to “other designated groups, including but not limited to school personnel,” and in light of the “grant of power” given to cities to regulate parking within their jurisdictions in general, it appears to be within the authority of a city to limit some public parking spaces for the use of its employees only, so long as the use of permits for such purpose will not adversely affect parking conditions for residents and merchants in the area; and WHEREAS, the City Council has reviewed a proposed parking plan for the area near the Guadalupe City Hall located at 918 Obispo Street, and specifically for the 25 parking spaces located on the east side of Obispo Street between Ninth and Tenth Streets, which plan includes designating 12 of the 25 parking spaces for City of Guadalupe employee parking only during the hours of 7:00 a.m. through 5:00 p.m. on Mondays through Fridays, except for legal holidays observed by the City of Guadalupe; and
WHEREAS, Section 22507 requires that signs or markings giving adequate notice of the permit parking system must be posted before the resolution applies; and WHEREAS, the City Council wishes to establish a preferential parking permit program to be administered by the Director of Public Safety or his or her designee that will allow City of Guadalupe employees to park in the 12 designated City employee only parking places on the east side of Obispo Street between Ninth and Tenth Streets, which program will require the permit to be displayed while the vehicle is parked, and any vehicle so parked without such permit displayed will be subject to citation by the Guadalupe Police Department pursuant to Guadalupe Municipal Code section 10.24.130.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Guadalupe:
ATTACHMENT 2
2 SECTION 1: The east side of Obispo Street between Ninth and Tenth Streetsis hereby designated as a street on which preferential parking permits may be issued to City of Guadalupe employees to park in 12 of the 25 public parking spaces designated by signs and markings as “Employee Parking” spaces from 7:00 a.m. through 5:00 p.m. on Mondays through Fridays, except for legal holidays observed by the City of Guadalupe.
SECTION 2: The use of preferential parking permits for the purpose of providing parking for City of Guadalupe employees only from 7:00 a.m. – 5:00 p.m., Monday-Friday, except for holidays observed by the City of Guadalupe, will not adversely affect parking conditions for residents and merchants in the area because ample parking for residents is available on the west side of Obispo Street between Ninth and Tenth Streets, and there are no merchants in the immediate vicinity.
SECTION 3: The Director of Public Safety or designee is authorized and directed to post signs and markings giving notice of the designation and restrictions.
SECTION 4: The Director of Public Safety or designee is authorized and directed to issue permits to City employees who work at the Guadalupe City Hall.
SECTION 5: The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of Guadalupe held on April 25, 2023, by the following roll call vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being C.C. Resolution No. 2023-31 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held on April 25, 2023, and that same was approved and adopted.
3 ATTEST:
__________________________________ __________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
___________________________________
Philip F. Sinco, City Attorney
ORDINANCE NO. 2023-510
AN ORDINANCE OF THE CITY OF GUADALUPE AMENDING SECTION 10. OF CHAPTER 10.24 OF THE GUADALUPE MUNICIPAL CODE REGARDING
STOPPING, STANDING, AND PARKING
WHEREAS, City staff met with the Guadalupe Union School District (GUSD) and worked on several proposals to alleviate traffic congestion during morning and afternoon school hours at Mary Buren Elementary School in December 2022, and is still continuing to work with GUSD concerning a traffic plan (as directed by the City Council at its meeting on February 14, 2023); and WHEREAS, as part of this plan and in anticipation of possible parking issues on Obispo Street in front of City Hall, staff proposed that parking permits be issued to City employees only for certain designated spaces, and any vehicles parking in the marked “Employee Parking” spaces without a visible permit, would be subject to citation; and
WHEREAS, part of this plan, some parking spaces were designated to be limited time parking places; and
WHEREAS, under California Vehicle Code section 22507, a city council may designate streets upon which adjacent businesses and residents and their guests as well as other designated groups, including but not limited to school personnel, may have preferential parking privileges via a permit system, while other parking is restricted; and WHEREAS, Section 22507 initially broadly empowered localities to regulate parking within their jurisdictions, and amendments to this section have expanded rather than restricted the powers accorded local government over parking matters (See, Friedman v City of Beverly Hills (1996) 47 Cal.App.4th 436, 443); and
WHEREAS, even though the authority granted by Section 22507 does not clearly state that a city can limit public parking spaces on a public street to a city’s employees only, since Section 22507 provides that a local government can designate public parking on public streets for the use of residents or merchants, or to “other designated groups, including but not limited to school personnel,” and in light of the “grant of power” given to cities to regulate parking within their jurisdictions in general, it appears to be within the authority of a city to limit some public parking spaces for the use of its employees only, so long as the use of permits for such purpose will not adversely affect parking conditions for residents and merchants in the area; and WHEREAS, Vehicle Code section 21458 allows a city council to limit the amount of time a vehicle can be parked in a designated public parking place; and WHEREAS, the City Council has reviewed a proposed parking plan for the area near the Guadalupe City Hall located at 918 Obispo Street, and specifically for the 25 parking spaces located on the east side of Obispo Street between Ninth and Tenth Streets, which plan includes ATTACHMENT 3
designating 12 of the 25 parking spaces for City of Guadalupe employee parking only during the hours of 7:00 a.m. through 5:00 p.m. on Mondays through Fridays, except for legal holidays observed by the City of Guadalupe, and designating four (4) of these parking spaces for 10-minute limited time parking during the hours of 7:00 a.m. through 5:00 p.m. on Mondays through Fridays, except for legal holidays observed by the City of Guadalupe; and WHEREAS, for this proposed City Hall parking plan to be enacted, the City Council must adopt an ordinance to amend Chapter 10.24 of the Guadalupe Municipal Code to create 10-minute limited time public parking during the hours of 7:00 a.m. through 5:00 p.m. on Mondays through Fridays, except for legal holidays observed by the City of Guadalupe; and WHEREAS, it is also necessary to add a new section to Chapter 10.24 for violations of the “employee only” parking provisions of the proposed plan.
NOW, THEREFORE, the City Council of the City of Guadalupe does hereby ordain as follows:
SECTION 1. Section 10.24.085 is hereby added to Chapter 10.24 of the Guadalupe Municipal Code to read as follows:
10.24.085 Parking—City Hall district—Designated spaces for City employees only.
It is unlawful for any person, except a City of Guadalupe employee who has been issued a permit by the Director of Public Safety or designee, to park any vehicle in a parking space designated as “Employee Parking” on the east side of Obispo Street between Ninth and Tenth Streets during the hours between 7:00 a.m. through 5:00 p.m. of any day except Saturdays, Sundays, or legal holidays observed by the City of Guadalupe. Signs shall be erected, and the curbs shall be painted with black letters, designating the restricted parking spaces under the provisions of this section as “Employee Parking.”
SECTION 2. Section 10.24.090 of Chapter 10.24 of the Guadalupe Municipal Code is hereby amended to read as follows:
10.24.090 Parking—Twenty minute Limited time areas—Green marking.
A. The City Council shall have the power to locate and designate parking spaces upon the public streets of the City, in which it is unlawful for any person to park any vehicle for a period longer than 20 minutes between the hours of 9:00 a.m. and 6:00 p.m., Sundays and legal holidays excepted, by order duly entered in the minutes of a regular or adjourned regular meeting. Such spaces so located and designated shall be painted with green paint on the curb surface and plainly marked “20 minute parking.” It is unlawful for any person to park any vehicle in any space so located, designated, painted, and marked as provided in this section for a period longer than 20 minutes.
B. The City Council shall also have the power to locate and designate parking spaces upon the public streets of the City, in which it is unlawful for any person to park any vehicle for a period longer than 10 minutes between the hours of 7:00 a.m. and 5:00 p.m., Saturdays, Sundays, and legal holidays excepted, by order duly entered in the minutes of a regular or adjourned regular meeting. Such spaces so located and designated shall be painted with green paint on the curb surface and plainly marked “10 minute parking.” It is unlawful for any person to park any vehicle in any space so located, designated, painted, and marked as provided in this section for a period longer than 10 minutes.
SECTION 3. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and has been found to be exempt pursuant to §15306 of the CEQA Guidelines(Information Collection) because it does not have the potential to create a physical environmental effect.
SECTION 4. The City Council declares that each section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance is severable and independent of every other section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Ordinance is held invalid, the City Council declares it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this Ordinance should remain in effect after the invalid portion has been eliminated.
SECTION 5. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
INTRODUCED at a regular meeting of the City Council on the 25th day of April 2023, by the following roll call vote: Motion
AYES:
NOES:
ABSENT:
ABSTAINED:
I, Amelia Villegas, City Clerk of the City of Guadalupe, DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance, being Ordinance No. 2023-510, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held April 25, 2023, and that same was approved and adopted.
ATTEST:
Amelia Villegas, City Clerk
Ariston Julian, Mayor
APPROVED AS TO FORM:
_________________________________
Phillip F. Sinco, City Attorney