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HomeMy WebLinkAbout2012-038 - Parking Control Enforcement Contractors to Perform Parking Enforcement and Traffic Controltlj/ 08/13/12 RESOLUTION NO. 2012-038 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. 2012-038 Page 1 of 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 20th day of August 2012. Resolution No. 2012-038 Page 2 of 3 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: a-a_? Teresa L. Judd Assistant City Attorney AYES: Councilmembers: Alvarez, Benavides, Martinez, Pulido, Tinaiero (5) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Bustamante, Sarmiento (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012-038 to be the original resolution adopted by the City Council of the City of Santa Ana on August 20, 2012. Date: A - a? Clerk of the Council City of Santa Ana Resolution No. 2012-038 Page 3 of 3