HomeMy WebLinkAboutMINUTES - 09092014 - C.37RECOMMENDATION(S):
ADOPT Ordinance No. 2014-16, regulating private off-street parking facilities.
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
unauthorized parking in their facilities.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 09/09/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
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: September 9, 2014
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Public Works Director, IOC Staff, Sheriff
C. 37
To:Board of Supervisors
From:INTERNAL OPERATIONS COMMITTEE
Date:September 9, 2014
Contra
Costa
County
Subject:ORDINANCE 2014-16 REGULATING PRIVATE PARKING FACILITIES
BACKGROUND: (CONT'D)
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, adds Chapter 46-14 to the County Ordinance Code. It authorizes operators of privately owned and
maintained off-street parking facilities to regulate unauthorized parking in those facilities. Specifically, the
ordinance authorizes 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 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 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 ordinance was introduced on August 12, 2014.
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