HomeMy WebLinkAboutMINUTES - 08122014 - C.16RECOMMENDATION(S):
INTRODUCE Ordinance No. 2014-16, regulating private off-street parking facilities, WAIVE reading, and FIX
September 9, 2014 for adoption.
FISCAL IMPACT:
Unknown, but anticipated to be nominal.
BACKGROUND:
On May 13, 2014, the Board of Supervisors adopted a "Support" position on AB 2381, as introduced (Bonilla):
Private parking facilities, a bill that allows cities or counties to authorize, via ordinance or resolution, operators of
privately owned and maintained off-street parking facilities to regulate unauthorized parking, and referred to the
Internal Operations Committee the evaluation of a county ordinance to authorize private parking lot owners to issue
citations for violations of parking lot regulations.
Under current State Vehicle Code, the only remedy available to private parking lot owners for parking violations is
towing of the vehicle. A county ordinance would permit issuance of citations. The Attorney General has issued an
advisory ruling that states that California statute must authorize such an ordinance. This ruling is not binding and,
therefore, does not preclude the County from enacting such an ordinance. Recently a legal opinion found that Walnut
Creekâs ordinance allowing for private property owners to issue citations for parking violations was valid and not
preempted by state law. AB 2381, if enacted, will clarify, in State statute, that cities and counties have the authority to
enact ordinances allowing operators of privately owned and maintained off-street parking facilities to regulate
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/12/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYES 5 NOES ____
ABSENT ____ ABSTAIN ____
RECUSE ____
Contact: JULIE DiMAGGIO ENEA
925.335.1077
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: August 12, 2014
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Public Works Director, IOC Staff, Sheriff
C. 16
To:Board of Supervisors
From:INTERNAL OPERATIONS COMMITTEE
Date:August 12, 2014
Contra
Costa
County
Subject:ORDINANCE 2014-16 REGULATING PRIVATE PARKING FACILITIES
BACKGROUND: (CONT'D)
unauthorized parking in their facilities.
The Internal Operations Committee took this matter up on June 2 and, again, on August 4. The attached
ordinance, prepared by the County Counsel's office and modeled substantially on the City of Pleasant Hill's
ordinance, would add Chapter 46-14 to the County Ordinance Code. It would authorize operators of privately
owned and maintained off-street parking facilities to regulate unauthorized parking in those facilities. Specifically,
the ordinance would authorize private parking operators to impose a parking violation charge on an owner of a
vehicle for unauthorized parking. The ordinance provides that a parking violation charge may not exceed $50.
Under the draft ordinance, a parking violation charge may not be imposed at an off-street parking facility unless
signs that comply with the ordinance have been posted at the facility. The signs must specify all applicable
parking restrictions, specify the amount of the parking violation charge, and specify the times of day and night
when the parking restrictions are in force and parking violation charges apply.
The draft ordinance also establishes requirements that apply to printed notices issued at off-street parking
facilities, requires private parking operators that issue notices to establish dispute resolution procedures and to
register with the Public Works Department, and establishes regulations that apply to the collection of unpaid
parking violation charges. The ordinance permits the Public Works Department to charge a registration fee to
defray its administrative costs of developing the registration form; reviewing, accepting, and maintaining the
registration; providing compliance information to the registrant; and receiving complaints (if any) regarding
non-compliance.
The Sheriff and Public Works Director have reviewed and concur with the proposed ordinance.
CONSEQUENCE OF NEGATIVE ACTION:
Abandoning the ordinance would maintain the status quo, which would provide vehicle towing as the only remedy
for parking violations at privately owned parking facilities.
ATTACHMENTS
Ordinance 2014-16 Private Parking Facilities Regulation