Title
Final Passage of Ordinance of Ordinance Amending Alameda Municipal Code Chapter 8 and Chapter 12 Authorizing Public Works Enforcement of Parking Provisions and Ensuring Consistency with California Vehicle Code. (Public Works 26541643)
Body
The staff report for this ordinance was included when the ordinance was introduced and is available at the following link:
<https://alameda.legistar.com/LegislationDetail.aspx?ID=5535537&GUID=467AC535-2C73-406B-B81A-0C0822B5DC33&Options=&Search=&FullText=1>
CITY OF ALAMEDA ORDINANCE NO. ______
New Series
AMENDING ALAMEDA MUNICIPAL CODE CHAPTERS VIII AND XII AUTHORIZING PUBLIC WORKS TO ENFORCE PARKING PROVISIONS AND ENSURING CONSISTENCY WITH CALIFORNIA VEHICLE CODE
WHEREAS, in November, 2021, the City Council approved a reorganization of the City of Alameda’s (City) parking program, to move parking enforcement from the Alameda Police Department to the Public Works Department; and
WHEREAS, in the reorganized parking program, the Public Works Department intends to rely on and coordinate with the Police Department when vehicle towing is necessary; and
WHEREAS, in the reorganized parking program, the Police Department will continue to run the Abandoned Vehicle Units, which tows vehicles; and
WHEREAS, an amendment to the Alameda Municipal Code is necessary in order to allow non-Police Department employees to enforce parking violations.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. Findings. In enacting this Section, the City Council finds as follows:
1. Parking enforcement plays a critical role in managing parking as part of the transportation system, but unlike moving violations (e.g. speeding, illegal U-turns, etc.), parking enforcement does not need to be done by sworn personnel.
2. Many municipalities, including Monterey, Sacramento, San Francisco, Santa Clara, Santa Cruz, San Jose, Santa Rosa and others, choose to administer parking enforcement in departments that are responsible for transportation or parking, instead of law enforcement.
3. At its November 16, 2021, meeting, the City Council approved a reorganization of the City’s parking program so that the Public Works Department will enforce parking violations.
4. The Public Works Department is already currently responsible for maintaining the City’s parking meters, collecting parking meter revenues, and maintaining the City’s parking lots and the Civic Center Parking Structure.
5. After assuming responsibility for parking enforcement, the Public Works Department parking technicians’ responsibilities would be limited to issuing parking tickets to vehicles violating restrictions for parking meters, red zones (no parking), blue zones (parking for people with disabilities), yellow zones (loading areas), double parking, street cleaning, and similar parking restrictions.
6. The Public Works Department parking enforcement staff will rely on and coordinate with the Police Department when vehicle towing is necessary, and the Police Department will also continue to run the Abandoned Vehicle Unit, which tows vehicles.
Section 2. Section 8-1.1 of the Alameda Municipal Code is hereby amended as follows:
8-1.1 Duties.
It shall be the duty of the Public Works Director to:
a. Develop transportation implementation plans, standards and procedures, based upon generally accepted transportation engineering and planning standards and principles, to ensure the orderly operations of the City's transportation systems. Such plans shall be consistent with other adopted City plans and policies. If no related City policy has previously been adopted, the proposed plan, standard, or procedure and any proposed recommended policy drafted by the Public Works Director shall be referred to the Transportation Commission for possible recommendation to City Council.
b. Based upon recommendations made by Public Works engineering and transportation staff, utilize transportation implementation plans, standards and procedures, administer and decide routine transportation operational issues. The Public Works Director, may refer the transportation operation issue to the Transportation Commission to seek its recommendation.
c. Enforce parking laws and regulations in compliance with all applicable laws.
Section 3. Section 8-12.2 of the Alameda Municipal Code is hereby amended as follows:
8-12.2 - Definitions.
Finance Department shall mean the Finance Director or his or her representative.
Public Works Department shall mean the Director of the Public Works Department or designee.
Examiner shall mean the person who conducts the administrative hearing pursuant to subsection 8-12.5(g) and shall have a minimum of twenty hours of training in compliance with Vehicle Code Section 40214(c)(4)(B).
Section 4. Section 8-12.3(d) of the Alameda Municipal Code is hereby amended as follows:
8-12.3 Request For Initial Review.
a. Time to Make Request. Any person receiving a parking citation or an equipment violation entered on a notice of parking violation may request an initial review of the citation by making a request not later than twenty-one (21) calendar days from the issuance of the notice of parking violation or not later than fourteen (14) days from the mailing of a notice of delinquent parking violation.
b. Manner of Making Request. Any person making a request for an initial review may do so either by written request or in person at the City of Alameda, Finance Department.
c. Initial Review; Cancellation of Citation. An initial review shall be conducted upon a request properly made. The notice of parking violation or notice of delinquent parking violation may be canceled if the initial review determines that:
1. The violation did not occur;
2. The registered owner was not responsible for the violation;
3. There are extenuating circumstances which make dismissal of the citation appropriate in the interests of justice.
d. Notification of Determination of Initial Review. Within five (5) days of the determination of the initial review, the Public Works Department shall notify person in writing of the results of the initial review. The initial review shall be conducted by the Public Works Department.
Section 5. Chapter XII of the Alameda Municipal Code is hereby amended as follows:
12-1.6 [REPEALED]
12-2.5 [REPEALED]
12-3.5 [REPEALED]
12-4.5 Rates for Use of Public Off-Street Parking Lots.
a. The parking meters located on the public off-street parking lots shall be equipped to receive only legal coins or paper currency of the United States of America or other legal form of payment such as credit cards and debit cards, and any software application that processes payments from a mobile phone which are legally accepted as a valid form of cash payment in the United States of America. The rates shall be designated by appropriate markings or signs.
b. The City Council hereby establishes a range of acceptable hourly meter rates for public off-street lots between zero ($0.00) dollars and five ($5.00) dollars. The Public Works Director is authorized to adjust hourly parking meter rates within this approved range consistent with the goal of achieving an eighty-five (85%) percent occupancy target. Hourly rates may vary based upon the time of year, time of week, or time of day. Meter rate changes must be published a minimum of two (2) weeks in advance of implementation and shall be maintained on file at the Public Works Department.
c. The rates for use of attendant lots shall be established per agreement with contractor and approved by City Council.
d. Moneys collected from the parking lots shall be placed in the Parking Fund and used accordingly pursuant to subsection 12-13.4.
e. Parking meters, when installed, shall be adjusted so that legal parking time is registered and accumulated on such meters in the units of time and monetary rates established by resolution of the City Council. No parking meter shall be adjusted to register and accumulate any period of time in excess of the maximum parking time limit designated by appropriate signage in the parking meter zone in which the meter is installed.
12-4.6 Attendant Lots; Operational Procedure to be Followed.
a. Procedure. Immediately upon entry of a vehicle into an attendant parking lot, the attendant shall issue the operator of the vehicle a parking fee ticket. The operator of the vehicle shall park the vehicle in one of the designated parking spaces. The vehicle operator shall make payment to the parking attendant upon exit of the vehicle from the lot. In the event that the vehicle was parked before the attendant begins operations, the vehicle shall be responsible for payment from the time the parking lot begins daily operations to the time of the vehicle's exit. In the event that a vehicle exits the lot after the attendant has ceased operations, the vehicle shall be responsible for depositing the parking fee ticket, and amount due in the cash box mounted at the attendant’s booth. The amount due shall be calculated based on the time between the vehicle's entry and the close of operations.
b. Use of Moneys Collected in Attendant Lots. Moneys collected by the Contractor in attendant lots shall be used for approved operating and maintenance expenses for those lots. Any revenues collected above and beyond those approved expenses shall be deposited in the Parking Fund.
12-4.17 [REPEALED]
12-15.1 [REPEALED]
12-17.21 Authority of City Staff.
The Public Works Director shall have the authority to promulgate rules and administer policies designed to implement the Preferential Parking Program, issue permits and collect fees as set forth herein.
12-30 Enforcement
12-30.1 Civil Penalties
Any person violating any of the provision of the Alameda Municipal Code restricting the parking or standing of vehicles shall be assessed a civil penalty. The amounts of such penalties shall be specified on a schedule of civil penalties and may be established by ordinance, resolution or any other means authorized by law.
12-30.2 Enforcement Authority
Any Peace Officer or non-sworn Parking Enforcement Officer authorized by the City Manager may enforce any provision of this Chapter and any other provision of the Alameda Municipal Code restricting the parking or standing of vehicles, including the issuance of appropriate citations, to the extend authorized by law.
Section 6. Severability. If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid, this invalidity shall not affect other provisions of this Ordinance that can be given effect without the invalid provision and therefore the provisions of this Ordinance are severable. The City Council declares that it would have enacted each section, subsection, paragraph, subparagraph and sentence notwithstanding the invalidity of any other section, subsection, paragraph, subparagraph or sentence.
Section 7. Implied Repeal. Any provision of the Alameda Municipal Code inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance.
Section 8. Effective Date. This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage.
Section 9. Authority. This Ordinance is enacted pursuant to the City of Alameda’s general police powers, Section 1-2 of the Charter of the City of Alameda, and Article XI of the California Constitution.
_____________________________
Presiding Officer of the City Council
Attest:____________________
Lara Weisiger, City Clerk
* * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda at a regular meeting assembled on this 3rd day of May 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 4th day of May 2022.
_____________________________
Lara Weisiger, City Clerk City of Alameda
APPROVED AS TO FORM:
________________________
Yibin Shen, City Attorney
City of Alameda