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Staff Report with attachments PREPARED BY: Greg Borromeo and Jim Renelle Sergeant Parking Program Manager Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Police Chief, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 04/19/2022 ITEM NO: 14 DATE: April 10, 2022 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Introduction and First Reading of an Ordinance Amending the Los Gatos Town Code Chapter 15 Regarding Motor Vehicles and Traffic to Include Parking Meter Zones and Amending Ordinance Definitions and Requirements. RECOMMENDATION: Introduction and first reading of an Ordinance (Attachment 1) amending the Los Gatos Town Code Chapter 15 regarding motor vehicles and traffic to include parking meter zones and amending ordinance definitions and requirements. BACKGROUND: On January 26, 2021, the Town Council directed staff to move forward with Phase I of the 2019 Parking Study Roadmap which included the Employee Permit Parking Program and the Wayfinding Improvement Project. In November 2021, Town Staff began working with a wayfinding consultant to develop a Downtown Wayfinding Master Plan along with parking wayfinding and signage. On March 15, 2022, the Town Council received a report on Parking Study implementation updates. Based on recommendations from the report, Council directed Town staff to move forward in developing the Pay-to-Stay parking ordinance. This ordinance would allow Downtown visitors to “park once” and pay a nominal parking fee to stay parked in the same parking space beyond the initial free 3-hour time limit. California Vehicle Code section 22508 requires local authorities to adopt an ordinance when establishing parking meter zones and setting rates for parking meter fees. PAGE 2 OF 4 SUBJECT: Introduction and First Reading of an Ordinance Amending the Los Gatos Town Code Chapter 15 Regarding Motor Vehicles and Traffic to Include Parking Meter Zones and Amending Ordinance Definitions and Requirements. DATE: April 10, 2022 DISCUSSION: During the Employee Permit Parking Program development process, the Town’s unlimited time parking spaces (approximately 432 spaces) in the core downtown Municipal parking lots are being reassigned for use by the Employee Parking Program. Any unlimited time spaces (approximately 15 spaces) in the core lots not utilized for the Employee Parking Program are being converted to 3-hour public parking. Unlimited time parking spaces in the Northside and Miles Avenue parking lots would remain unchanged and available to all. However, these outlying lots do not provide sufficient convenient parking for most visitors. To achieve a goal of providing convenient “park once” visitor parking, the Town needs to establish a “pay-to-stay” parking meter zone. This would allow downtown visitors to park in a lot for three hours of free parking and then pay a nominal parking fee to remain parked for any additional time they may need. The Parking Meter Zones ordinance would establish the following: Downtown Parking Meter Zone Boundary – Town staff recommends a Downtown Meter Zone to include the area geographically bordered by Tait Avenue to the west, Los Gatos-Saratoga Boulevard to the north and Highway 17 to the south and east. For the purposes of a Downtown Meter Zone, East Main Street from Highway 17 to Los Gatos Boulevard and within 1 block of all intersecting streets shall also be included in the zone. Please see Attachment 2 for a map of the area. Downtown Parking Meter Fee Range – Town staff recommend setting a Parking Meter Zone Fee range between $0.00 and $5.00 per hour that is adjusted as necessary to control the demand for parking. Parking demand and space utilization would be periodically reviewed by Town staff who will provide a report to the Town Manager. The actual rate is to be set by Town Council resolution. The majority of business owners who participated in a Chamber of Commerce parking outreach meeting on April 12, 2022 were in favor of maintaining the existing 2- and 3- hour time limits, and they also favored a $2.00 fee after the 3-hour free period in the municipal lots. Town staff recommends starting the program with an initial rate of $2.00 per hour. Please see the chart below for comparison with other nearby jurisdictions for off-street parking rates and time limits. Several jurisdictions have variable time limits and parking rates based on the proximity to their core business area. PAGE 3 OF 4 SUBJECT: Introduction and First Reading of an Ordinance Amending the Los Gatos Town Code Chapter 15 Regarding Motor Vehicles and Traffic to Include Parking Meter Zones and Amending Ordinance Definitions and Requirements. DATE: April 10, 2022 DISCUSSION (continued): Location Free Period Pay Period Pay Rate Los Altos 2 and 3 Hours By Permit Only $1 Day* Palo Alto 2 and 3 Hours By Permit Only $25 Day** Redwood City No Free Period Immediately $1/Hour San Jose 90 Minutes After First 90 Minutes $1/15min. ($4/Hour) Santa Cruz (A)*** 3 Hours Max N/A N/A Santa Cruz (B)*** No Free Period Immediately $1.25/Hour Valley Fair Mall 2 Hours After First 2 Hours $1/Hour Walnut Creek 1 Hour After First 1 Hour $1.25/Hour * By a Permit sold directly to the business and provided to the customer free of charge ** Visitor must purchase flat rate daily permit *** City of Santa Cruz is a hybrid system with both free and paid blocks Use of Revenue – Town staff recommend using revenue collected for the parking meter fees to operate and maintain the Pay-to-Stay program along with other programs that support various activities directly related to parking or alternative transportation in the Downtown Parking Meter Zone. CONCLUSION: It is recommended that the Town Council introduce the first reading of an ordinance, by title only, amending the Los Gatos Town Code Chapter 15 relating to Motor Vehicles and Traffic to include Pay-to-Stay Parking Meter Zones and amending ordinance definitions and requirements. COORDINATION: This report was coordinated with the Parks and Public Works Department and the Office of Economic Vitality. FISCAL IMPACT: Staff anticipates that costs for the maintenance and operation of Pay-to-Stay parking will be covered by the parking fees received under this program. ENVIRONMENTAL ASSESSMENT: This is not a project as defined under CEQA, and no further action is required. PAGE 4 OF 4 SUBJECT: Introduction and First Reading of an Ordinance Amending the Los Gatos Town Code Chapter 15 Regarding Motor Vehicles and Traffic to Include Parking Meter Zones and Amending Ordinance Definitions and Requirements. DATE: April 10, 2022 Attachments: 1. Draft Ordinance - Parking Meter Zones 2. Pay-to-Stay Parking Meter Zone Map 1 of 6 Draft Ordinance Council Meeting Date ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO AMEND CHAPTER 15 RELATING TO MOTOR VEHICLES AND TRAFFIC TO INCLUDE PAY-TO- STAY PARKING METER ZONES AND AMENDING SECTIONS CONFLICTING WITH ORDINANCE DEFINITIONS AND REQUIREMENTS WHEREAS, on December 17, 2019, the Town Council received the 2019 Parking Study Roadmap with recommendations to improve parking space utilization in Downtown. WHEREAS, on January 26, 2021, the Town Council adopted the Parking Roadmap Phase I which included establishment of a Park Once philosophy and a Pay-to-Stay policy after the initial free parking period. WHEREAS, California Vehicle Code section 22508(a) states a local authority shall not establish parking meter zones or fix the rate of fees for those zones except by ordinance. The rate of fee may be variable, based upon criteria identified by the local authority in the ordinance. An ordinance establishing a parking meter zone shall describe the area that would be included in the zone. WHEREAS, California Vehicle Code section 22508(e) states a local authority may accept but shall not require payment of parking meter fees by a mobile device. WHEREAS, existing language within Chapter 15 of the Town Code requires updating to correspond with establishment of a Parking Meter Zones ordinance. NOW, THEREFORE, THE PEOPLE OF THE TOWN OF LOS GATOS AND THE TOWN COUNCIL DO HEREBY ORDAIN AS FOLLOWS: Chapter 15 of the Town Code shall be modified to reflect the changes identified in Exhibit A; and The following code sections shall be added to Chapter 15 of the Town Code: SECTION I The Council finds and declares that the 2019 Parking Study Parking Roadmap recommendations have been identified and adopted for implementation. The Council further finds that to improve parking availability for the visiting public, parking space utilization needs to be managed. The Council further finds that parking spaces can be effectively managed by controlling space utilization using time limits and fees. Accordingly, the Council finds that a Parking Meter Zones ordinance is warranted to achieve effective parking space management. 2 of 6 Draft Ordinance Council Meeting Date SECTION II Chapter 15 Article I and Article IV of the Los Gatos Town Code is hereby amended to add sections related to Parking Meter Zones. Sections added to Chapter 15 are as follows: ARTICLE I. – IN GENERAL Sec. 15.10.010 – Definitions Downtown Parking Meter Zone. Downtown Parking Meter Zone refers to all parking spaces located on-street and in any off- street parking facility owned or operated by the Town located within the geographic borders of Los Gatos-Saratoga Road to the north, Tait Avenue to the west, Highway 17 to the east and south. This zone shall also include East Main Street from Highway 17 to Los Gatos Boulevard and within 1 block of all intersecting streets. Parking Meter. Parking meter is any device that accepts payment for use of parking spaces. Such devices include, but are not limited to, parking meters, pay-by-space devices, pay-by-plate devices, pay- on-foot devices, pay-and-display devices and any software application that processes payments from a mobile computer device such as a mobile phone for the purpose of controlling the period of time a parking space is occupied by any motorized vehicle. Pay-to-Stay Zone. Pay-to-Stay Zone refers to an area where all parking spaces require the payment of a fee to continue parking a motorized vehicle beyond the initial posted free parking period. ARTICLE IV. – STOPPING, STANDING AND PARKING DIVISION I. - GENERALLY Sec. 15.40.087 Establishment of Pay-To-Stay Parking Meter Zones The Downtown Parking Meter Zone is established as a parking meter zone or pay-to-stay zone. The Director of Parks and Public Works is authorized to direct the installation of parking meters in those streets or parts of streets or in any off-street parking facility owned or operated by the Town within the Downtown Parking Meter Zone where it is determined on the basis of an engineering and traffic investigation that the installation of parking meters will be necessary to regulate parking. (a) The rate of parking fees for the use of a metered or pay-to-stay parking space in the Downtown Parking Meter Zone shall be established between zero dollars ($0.00) and five dollars ($5.00) per hour. (b) Failure to observe the restrictions imposed or failure to pay the amount so required 3 of 6 Draft Ordinance Council Meeting Date shall be a violation of this chapter (c) Time of Operation Where parking meters are installed pursuant to this article, the parking of vehicles shall be regulated during such hours and on such days as established by Town Council resolution. Time of operation shall be in effect only after appropriate signs or markings are in place giving notice or through information provided by the parking meter. (d) Deposit of Fees The operator of a motorized vehicle who stops, leaves standing or parks a vehicle in a parking space in the Downtown Parking Meter Zone shall immediately thereupon deposit fees in an adjacent or nearby parking meter. The operator of a motorized vehicle, after making a proper deposit of fees, shall set into operation the timing mechanism of the parking meter. Parking fees may be deposited with United States Treasury coins and currency, credit cards or electronic bank debit. No person shall deposit or cause to be deposited in any parking meter any defaced or bent coin, or any slug, metallic device, any forged or defaced bill or other substitute of US coin or currency. No person shall deposit or cause to deposit any fraudulent credit or electronic bank debit card information. (e) Parking After Time Has Expired It shall be a violation of this chapter for the operator of a motorized vehicle to permit such vehicle to remain stopped, standing or parked in any parking spaces after the initial free parking period has ended and the pay-to-stay parking period has expired other than such time necessary to operate the parking meter immediately after the initial parking of the vehicle. (f) Prima Facie Presumption The stopping, standing or parking of a motorized vehicle in a space in which the parking meter indicates by display or signal that time has expired shall constitute a prima facie presumption that the vehicle has been parked or allowed to stand longer than the period permitted by this article. (g) Damaging, Destroying, Defacing,… A Parking Meter It shall be unlawful for any person to deface, injure, tamper with, open without authorization, willfully break, destroy or impair the usefulness of any parking meter. (h) Periodic Adjustment of Parking Meter Rates The Town Council herby adopts the following process for adjusting the Downtown Parking Meter Zone meter rates to manage the use and occupancy of the parking spaces for the public benefit in all parking areas within the Downtown Parking Meter Zone. To achieve the goal of managing the supply of parking and to make it reasonably available when and where needed, a target range of 80%-95% occupancy is established for on-street and off-street parking with an initial starting rate of 85%. The Town Manager or their designee may adjust the target rate of occupancy based on survey data collected annually. On at least an annual basis, the Town Manager or their designee shall survey the occupancy of all parking areas (on and off-street) in the Downtown Parking Meter Zone. To achieve the set occupancy rate, the Town Manager may raise or lower the parking meter rates within the Downtown Parking Meter Zone in increments of no more than 4 of 6 Draft Ordinance Council Meeting Date one dollar ($1.00) per hour within the rate range set forth within this article. The adjustments to the rates made pursuant to this section will become effective upon the programming of the parking meters for that rate and the proper posting of the rate. The current schedule of parking meter rates will be available at the Town Clerk’s Office and on the Town’s webpage. The Town Manager may also create incentive programs to encourage certain categories of parkers to use other areas of parking thereby freeing the most convenient spaces for business customers. (i) Preferential Residential Parking Permit Areas Exempted Preferential residential parking permit areas located within the boundaries of the Downtown Parking Meter Zone are exempt from the provisions of this section and parking meters will not be installed in these areas. (j) Specialized Parking Management Programs The Town may adopt specialized parking management programs to meet the needs of the parking program which may include but is not limited to a Merchant Parking Validation Program. (k) Use of Revenue All parking meter revenues collected pursuant to the provisions of this chapter shall be deposited into a designated parking fund. All funds shall be used solely to support activities benefiting the Downtown Parking Meter Zone. The specific authorized uses of revenues shall be as follows: 1) For the purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating and enforcement of the parking meters in the Downtown Parking Meter Zone. 2) For the purchasing, leasing, installing, repairing, maintaining, operating and removing of vehicle occupancy counting equipment, wayfinding equipment and signage for vehicles and pedestrians along with the supporting infrastructure in the Downtown Parking Meter Zone. 3) For the purchasing, leasing, acquiring, improving, operating and maintaining on and off-street parking facilities in the Downtown Parking Meter Zone. 4) For transportation and parking planning, marketing and education programs related to the Downtown Parking Meter Zone. 5) For public safety technologies directly related to the safety and security of the public within the Downtown Parking Meter Zone. 6) For purchasing, leasing, acquiring, maintaining and operating a courtesy shuttle primarily operating in the Downtown Parking Meter Zone. 7) For the purchasing, leasing, acquiring, installing, maintaining additional traffic safety and traffic control devices within the Downtown Parking Meter Zone. 8) For supporting bicycle masterplan, pedestrian masterplan and other alternative transportation modes that directly impact traffic and parking congestion in the Downtown Parking Meter Zone. 5 of 6 Draft Ordinance Council Meeting Date SECTION III If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The Town Council of the Town of Los Gatos hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force and effect. SECTION IV The Town Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the Town of Los Gatos and to cause publication once in the Los Gatos Weekly, the official publication of legal notices of the Town of Los Gatos, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 19th day of April 2022 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the ____ day of May 2022 . This ordinance takes effect 30 days after it is adopted. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1). Attachment – EXHIBIT A COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 6 of 6 Draft Ordinance Council Meeting Date DATE: __________________ ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ 1 of 4 Amendment to Chapter 15 – Motor Vehicles and Traffic Council Meeting Date EXHIBIT A AMENDMENT TO CHAPTER 15 – MOTOR VEHICLES AND TRAFFIC CHAPTER 15 ARTICLE I. – IN GENERAL Parking Definitions: Sec. 15.10.010 (Add to existing definitions in Article I) Downtown Parking Meter Zone. Downtown Parking Meter Zone refers to all parking spaces located on-street and in any off- street parking facility owned or operated by the Town located within the geographic borders of Los Gatos-Saratoga Road to the north, Tait Avenue to the west, Highway 17 to the east and south. This zone shall also include East Main Street from Highway 17 to Los Gatos Boulevard and within 1 block of all intersecting streets. Parking Meter. Parking meter is any device that accepts payment for use of parking spaces. Such devices include, but are not limited to, parking meters, pay-by-space devices, pay-by-plate devices, pay- on-foot devices, pay-and-display devices and any software application that processes payments from a mobile computer device such as a mobile phone for the purpose of controlling the period of time a parking space is occupied by any motorized vehicle. Pay-to-Stay Zone. Pay-to-Stay refers to an area where all parking spaces require the payment of a fee to continue parking a motorized vehicle beyond the initial posted free parking period. ARTICLE IV. – STOPPING, STANDING AND PARKING DIVISION I - GENERALLY Parking Code Changes or Additions: Sec. 15.40.087 Establishment of Pay-To-Stay Parking Meter Zones (a) The Downtown Parking Meter Zone is established as a parking meter zone or pay-to- stay zone. The Director of Parks and Public Works is authorized to direct the installation of parking meters in those streets or parts of streets or in any off-street parking facility owned or operated by the Town within the Downtown Parking Meter Zone where it is determined on the basis of an engineering and traffic investigation that the installation of parking meters will be necessary to regulate parking. 2 of 4 Amendment to Chapter 15 – Motor Vehicles and Traffic Council Meeting Date EXHIBIT A (b) The rate of parking fees for the use of a metered or pay-to-stay parking space in the Downtown Parking Meter Zone shall be between zero dollars ($0.00) and five dollars ($5.00) per hour. (c) Failure to observe the restrictions imposed or failure to pay the amount so required shall be a violation of this chapter (d) Time of Operation Where parking meters are installed pursuant to this article, the parking of vehicles shall be regulated during such hours and on such days as established by Town Council resolution. Time of operation shall be in effect only after appropriate signs or markings are in place giving notice or through information provided by the parking meter. (e) Deposit of Fees The operator of a motorized vehicle who stops, leaves standing or parks a vehicle in a parking space in the Downtown Parking Meter Zone shall immediately thereupon deposit fees in an adjacent or nearby parking meter. The operator of a motorized vehicle, after making a proper deposit of fees, shall set into operation the timing mechanism of the parking meter. Parking fees may be deposited with United States Treasury coins and currency, credit cards or electronic bank debit. No person shall deposit or cause to be deposited in any parking meter any defaced or bent coin, or any slug, metallic device, any forged or defaced bill or other substitute of US coin or currency. No person shall deposit or cause to deposit any fraudulent credit or electronic bank debit card information. (f) Parking After Time Has Expired It shall be a violation of this chapter for the operator of a motorized vehicle to permit such vehicle to remain stopped, standing or parked in any parking spaces after the initial free parking period has ended and the pay-to-stay parking period has expired other than such time necessary to operate the parking meter immediately after the initial parking of the vehicle. (g) Prima Facie Presumption The stopping, standing or parking of a motorized vehicle in a space in which the parking meter indicates by display or signal that time has expired shall constitute a prima facie presumption that the vehicle has been parked or allowed to stand longer than the period permitted by this article. (h) Damaging, Destroying, Defacing,… A Parking Meter It shall be unlawful for any person to deface, injure, tamper with, open without authorization, willfully break, destroy or impair the usefulness of any parking meter. (i) Periodic Adjustment of Parking Meter Rates The Town Council herby adopts the following process for adjusting the Downtown Parking Meter Zone meter rates to manage the use and occupancy of the parking spaces for the public benefit in all parking areas within the Downtown Parking Meter Zone. 3 of 4 Amendment to Chapter 15 – Motor Vehicles and Traffic Council Meeting Date EXHIBIT A To achieve the goal of managing the supply of parking and to make it reasonably available when and where needed, a target range of 80%-95% occupancy is established for on-street and off-street parking with an initial starting rate of 85%. The Town Manager or their designee may adjust the target rate of occupancy based on survey data collected annually. On at least an annual basis, the Town Manager or their designee shall survey the occupancy of all parking areas (on and off-street) in the Downtown Parking Meter Zone. To achieve the set occupancy rate, the Town Manager may raise or lower the parking meter rates within the Downtown Parking Meter Zone in increments of no more than one dollar ($1.00) per hour within the rate range set forth within this article. The adjustments to the rates made pursuant to this section will become effective upon the programming of the parking meters for that rate and the proper posting of the rate. The current schedule of parking meter rates will be available at the Town Clerk’s Office and on the Town’s webpage. The Town Manager may also create incentive programs to encourage certain categories of parkers to use other areas of parking freeing the most convenient spaces for business customers. (j) Preferential Residential Parking Permit Areas Exempted Preferential residential parking permit areas located within the boundaries of the Downtown Parking Meter Zone are exempt from the provisions of this section and parking meters will not be installed in these areas. (k) Specialized Parking Management Programs The Town may adopt specialized parking management programs to meet the needs of the parking program which may include but is not limited to a Merchant Parking Validation Program. (l) Use of Revenue All parking meter revenues collected pursuant to the provisions of this chapter shall be deposited into a designated parking fund. All funds shall be used solely to support activities benefiting the Downtown Parking Meter Zone. The specific authorized uses of revenues shall be as follows: 1) For the purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating and enforcement of the parking meters in the Downtown Parking Meter Zone. 2) For the purchasing, leasing, installing, repairing, maintaining, operating and removing of vehicle occupancy counting equipment, wayfinding equipment and signage for vehicles and pedestrians along with the supporting infrastructure in the Downtown Parking Meter Zone. 3) For the purchasing, leasing, acquiring, improving, operating and maintaining on and off-street parking facilities in the Downtown Parking Meter Zone. 4 of 4 Amendment to Chapter 15 – Motor Vehicles and Traffic Council Meeting Date EXHIBIT A 4) For transportation and parking planning, marketing and education programs related to the Downtown Parking Meter Zone. 5) For public safety technologies directly related to the safety and security of the public within the Downtown Parking Meter Zone. 6) For purchasing, leasing, acquiring, maintaining and operating a courtesy shuttle primarily operating in the Downtown Parking Meter Zone. 7) For the purchasing, leasing, acquiring, installing, maintaining additional traffic safety and traffic control devices within the Downtown Parking Meter Zone. 8) For supporting bicycle masterplan, pedestrian masterplan and other alternative transportation modes that directly impact traffic and parking congestion in the Downtown Parking Meter Zone. Town of Los Gatos Pay to Stay Parking Meter Zone Attachment 2