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HomeMy WebLinkAbout50A - ORDINANCE AND RESO PARKING ENFORCEMENTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2012 TITLE CLERK OF COUNCIL USE ONLY: APPROVED RESOLUTION AND ORDINANCE ? As Recommended RELATING TO ENFORCEMENT OF El Amended El Or dinance on 1St Reading PARKING REGULATIONS AND ? Ordinance on 2nd Reading TRAFFIC CONTROL ? Implementing Resolution ? Set Public Hearing For CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution authorizing designated employees of the City's parking control contractor to perform parking enforcement and traffic control services. 2. Adopt an ordinance amending Chapter 36 of the Santa Ana Municipal Code allowing contractors assigned by the Chief of Police or City Manager to conduct enforcement related to the City's parking regulations and traffic control as needed. DISCUSSION The Santa Ana Police Department's Traffic Division is responsible for the enforcement of parking regulations throughout the City. Park Rangers, hired by the Personnel Department, are also responsible for enforcement of the Santa Ana Municipal Code, including parking regulation, in the City parks. Due to staffing shortages and the inability to fill vacant positions, the City has experienced difficulty fulfilling these responsibilities along with other assigned duties. In addition, the Police Department and Park Rangers are commonly tasked with traffic control assignments related to large and small scale incidents as well as special events that require additional staffing to perform in a safe and effective manner. As mentioned, the Police Department no longer has the non-sworn staff to adequately carry out these duties. The Police Department issued a Request for Proposal (RFP) for parking enforcement services, including a full-time supervisor, to staff the City's current seven street sweeping routes, assist with traffic control assignments and enforce other parking regulations as deemed necessary. The RFP also mandated specific training in these areas to ensure the selected contractor's staff is well-prepared to perform the requested services. After a comprehensive analysis of the 5OA-1 Resolution Authorizing Contractors to Perform Parking Enforcement and Traffic Control and Ordinance Amending SAMC Chapter 36 August 20, 2012 submitted bids, the City chose Central Parking System, Inc. to conduct these services as an independent contractor. On July 16, 2012, the Santa Ana City Council approved the agreement and the parties entered into a contract effective August 1, 2012. Contractor's enforcement services under the agreement are scheduled to commence on September 4, 2012, at which time the City will have insufficient staffing to perform parking enforcement and traffic control services. City staff is currently assessing the possibility of contracting out our park ranger services, including parking enforcement and traffic control in the city parks. Currently, Chapter 36 of the Santa Ana Municipal Code authorizes officers of the police department of this city, or such officers as are assigned by the Chief of Police, to direct all traffic and enforce all traffic laws of this city. However, an amendment to the current language in the Santa Ana Municipal Code is necessary to authorize contractors assigned by the Chief of Police or City Manager to enforce the City's parking regulations and direct traffic. The resolution and revised ordinance will authorize contractors assigned by the Chief of Police or City Manager to enforce and issue citations for violations of Santa Ana Municipal Code parking regulations as designated by the Chief of Police or the City Manager, and to direct or regulate traffic as is deemed necessary and as authorized by the Chief of Police or City Manager. FISCAL IMPACT There is no fiscal impact associated with this action. Carlos Rojas Deputy Chief Police Department Attachments: Resolution Ordinance 5OA-2 tlj/ 08/13/12 RESOLUTION NO. 2012-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING PARKING CONTROL ENFORCEMENT CONTRACTORS TO PERFORM PARKING ENFORCEMENT AND TRAFFIC CONTROL SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Article XI, Section 7 of the California Constitution and California Government Code Section 37100 provide the City of Santa Ana with authority to enact local ordinances to protect the health, safety, and welfare of its residents. B. Santa Ana Municipal Code section 36-26 provides that all resolutions passed and adopted by the City Council pursuant to the provisions of Santa Ana Municipal Code Chapter 36 ("Chapter"), and pursuant to the provisions of the state vehicle code, affecting subjects covered by said Chapter, shall be deemed to be a part of said Chapter, and any violations of any of the provisions of any such resolution shall be deemed to be a violation of said Chapter, to the same effect as if said resolution were fully set out in the Code. C. The City's National Pollutant Discharge Elimination System ("NPDES") permit requires the City to maintain and keep clean its curbs and gutters to prevent pollutants from entering into the storm drains. D. In order to maintain its curbs and gutters and to maintain public health and safety, the City must enforce its parking control regulations, as cars parked illegally prevent the street sweeper from cleaning the City's curbs and gutters. E. The City is required to carry out traffic control duties at various events that require substantial staffing levels to perform in a safe and effective manner. F. Currently, Chapter 36 of the Santa Ana Municipal Code authorizes officers of the police department of this city, or such officers as are assigned by Resolution No. 2012-XXX Page 1 of 3 5OA-3 the Chief of Police, to direct all traffic and enforce all traffic laws of this city. G. On July 16, 2012, the City of Santa Ana entered into an agreement with Central Parking System, Inc. ("Contractor"), under which agreement Contractor will perform street sweeping parking enforcement services, traffic control as needed, and enforcement of other parking regulations as may be authorized by the Chief of Police. H. Contractor's enforcement services under said agreement are scheduled to commence on September 4, 2012, at which time the City will have insufficient staffing to perform necessary parking enforcement and traffic control services. Therefore, it is necessary that the City Council authorize designated employees of the City's parking control contractor to enforce and issue citations for violations of Santa Ana Municipal Code parking regulations as are designated by the Chief of Police or the City Manager, and to direct or regulate traffic as is deemed necessary and as authorized by the Chief of Police or City Manager. Section 2. The City Council of the City of Santa Ana hereby approves, authorizes and empowers Parking Enforcement Checkers and Supervisors assigned pursuant to the agreement with Central Parking System, Inc., to enforce and issue citations for violations of Santa Ana Municipal Code parking regulations specified by the Chief of Police or the City Manager, and to perform traffic control services at the request of the Chief of Police or City Manager. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2012. Miguel A. Pulido Mayor Resolution No. 2012-XXX Page 2 of 2 5OA-4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Teresa L. Judd Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2012-XXX Page 3 of 3 Clerk of the Council City of Santa Ana 5OA-5 TLJ 8/9/12 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ENFORCEMENT OF PARKING CONTROL REGULATIONS AND TRAFFIC CONTROL SERVICES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Article XI, Section 7 of the California Constitution and California Government Code Section 37100 provide the City of Santa Ana with authority to enact local ordinances to protect the health, safety, and welfare of its residents. B. The City has determined that certain City services, including the parking control regulations, certain traffic control operations and park ranger services, may be provided on a cost effective basis by contractors with the knowledge and skill necessary to provide those services. C. Currently, Chapter 36 of the Santa Ana Municipal Code authorizes officers of the police department of this city, or such officers as are assigned by the Chief of Police, to direct all traffic and enforce all traffic laws of this city. D. The City has contracted for parking control enforcement and traffic control services and intends to contract for park ranger services, as it has insufficient employee staffing to perform such services. E. Therefore, the City Council has deemed it necessary that the City authorize its contracted parking control staff and contracted park rangers to enforce and issue citations for violations of Santa Ana Municipal Code parking regulations as are designated by the Chief of Police or the City Manager, and to direct or regulate traffic as is deemed necessary and as authorized by the Chief of Police or City Manager Ordinance No. NS-XXX Page 1 of 4 5OA-6 F. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 36-27(a) of the Santa Ana Municipal Code is hereby amended to read as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 36-27. Violations; penalty; appearance; bail. (a) Officers of the police department, or such employees, agents, or contractors as are assigned by the chief of police or city manager, are authorized to take the number of any vehicle or thing parked, placed, ranked, stored, or left in violation of any of the provisions of this aFt+sleCode; the state vehicle license of such vehicle; the time and date of such overparking; and the make of such vehicle; and to issue, in writing, a citation for said violation in the same form and subject to the same procedure provided for by the ordinances of the city and the laws of the state applicable to the traffic violation within the city. Section 3. Section 36-30 of the Santa Ana Municipal Code is hereby amended to read as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 36-30. - RespensibiPty Authority of PGliGe officers. (a) it shall be the duty of Officers of the police department, or such e#feers-employees as are assigned by the chief of police or city manager, are authorized to enforce all traffic laws of this city, and all of the vehicle code sections applicable in this city. (b) Officers of the police department, or such employees, agents, or contractors as are assigned by the chief of police or city manager, are authorized to enforce the parking regulations imposed under this Code. Ordinance No. NS-XXX Page 2 of 4 5OA-7 Section 4. Section 36-31 of the Santa Ana Municipal Code is hereby amended, such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 36-31. Authority to direct traffic - Emergency authority.of peIise e#iseFs. Officers of the police department, or such e#isersemployees, agents, or contractors as are assigned by the chief of police or city manager, are authorized to direct all traffic by voice, signals or other devices in conformance with traffic laws, provided that in the event of fire or other emergency, officers of the police department, or such employees, agents, or contractors as are assigned by the chief of police or city manager, may direct traffic as conditions require, notwithstanding the provisions of the traffic laws. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof. ADOPTED this day of 2012 Miguel A. Pulido Mayor Ordinance No. NS-XXX Page 3 of 4 5OA-8 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Teresa L. Judd Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 4 of 4 5OA-9 5OA-10