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Regulations re on-street vehicular sales/advertisingcos sri�e COUNCIL AGENDA REPORT DATE: JUNE 11, 2014 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER MEETING DATE: 06/16/14 ITEM NO. 1 2 SUBJECT: DISCUSSION AND DIRECTION ON THE INCREASED REGULATION OF ON- STREET VEHICULAR SALES AND ADVERTISING RECOMMENDATION: Refer increased street parking limitations to the Transportation and Parking Commission and authorize staff to undertake more aggressive enforcement of parking, business license and abandoned vehicle restrictions. BACKGROUND: The Town has received ongoing complaints regarding the parking of commercial vehicles or vehicles for sale on highly- trafficked public streets, especially along Los Gatos Boulevard north of Los Gatos — Almaden Road, Winchester Boulevard north of Lark, and University Avenue north of Blossom Hill Road. The complaints have focused on both public safety and aesthetics. In response, staff has previously posted flyers (Attachment 1) on potentially offending vehicles which has typically resulted in a short-term reduction of vehicle parking and complaints. In February 2014, the Mayor requested and the Town Council unanimously approved adding the following item to the 2014 — 16 Strategic Goals: Increase regulation of on- street vehicular sales and advertising This Town Council agenda item is intended to provide additional information regarding staff's response to Council direction and to request a referral to the Transportation and Parking Commission for consideration of increased parking restrictions on areas of frequent parking complaints. ANALYSIS: Town staff is considering a number of complaint response and enforcement actions pertaining to on- street vehicular sales and advertising, as described below. Reviewed by: XTown Attorney & Public Works N:\MGRWdminWorkFiles\2014 Council Reports\June 16 \6 -16 -14 Vehicle Sales Restrictions.doc PAGE MAYOR AND TOWN COUNCIL SUBJECT: DISCUSSION AND DIRECTION ON THE INCREASED REGULATION OF ON- STREET VEHICULAR SALES AND ADVERTISING JUNE 11, 2014 72 Hour Parking Limits Town Code Section 15.40.065 (provided on Attachment 1) prohibits parking vehicles on public streets for more than 72 hours. This is a relatively common standard for many municipalities, and more restrictive limits can be challenged. Enforcement requires an initial documented visit with noticing and then documented follow -up more than 72 hours later. It is not uncommon for potential violators of this section to simply relocate their vehicle, transport it for a limited distance and then return, or to change out one vehicle for another similar one. More aggressive enforcement under this section would be rime - consuming and of limited additional benefit. Prohibited Parking for Vehicle Sales and Repairs Section 15.40.075 (provided on Attachment 1) prohibits parking vehicles on public streets for the principal purposes of displaying such vehicles for sale or repair, except as necessitated by an emergency. Enforcement of vehicular signage restrictions is very challenging given constitutional freedom of speech protections. Business License Collections All businesses operating in the Town of Los Gatos are required to obtain a business license annually. The Finance Department staff is preparing to document businesses operating in Town through vehicular advertising and will begin business notifications and collection proceedings next fiscal year unless otherwise directed by Council. Additional part-rime staffing may be required to develop and first implement this new collection practice. The initial focus will be on commercial vehicles and/or recurring vehicle sale businesses. Single vehicular sales adjacent to residential properties may be exempt under home occupation business license requirements. Staff will increase noticing of the potential violations above to at least monthly using the existing flyer. Increased Parking Restrictions The most effective way to respond to recurring complaints about public safety and aesthetics along primary streets in Los Gatos may be to post No Parking signs, most with time limits, along appropriate sections of those streets. The Town's Transportation and Parking Commission reviews and approves most parking limitations on public streets. Staff requests that Council refer this matter to the Transportation and Parking Commission. Staff s initial proposal would likely include authorization for staff to post temporary or permanent "No Parking Signs from 2 am — Sam" along the street segments receiving the most complaints or potential recurring violations as identified above. The Police Department has indicated that this span of hours in PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: DISCUSSION AND DIRECTION ON THE INCREASED REGULATION OF ON- STREET VEHICULAR SALES AND ADVERTISING JUNE 11, 2014 the middle of the night would allow periodic monitoring and enforcement by police officers between responses to other calls for service. CONCLUSION: Staff will continue to apply existing ordinance requirements to minimize future complaints. In addition, the Town Council may refer increased parking restrictions to the Transportation and Parking Commission as a means to strengthen the Town's response to these continuing public safety and aesthetic concerns. FISCAL IMPACT: Any increased signage and /or part time staffing requirements can likely be covered through the approved Town budget, including use of the Manager's Contingency Fund if required. Attachment: Notice of Violation with relevant Town Code sections THIS PAGE INTENTIONALLY LEFT BLANK w r°y The Los Gatos /Monte Sereno Police Department is monitoring this vehicle. • The Los Gatos Municipal Code (Section 15.40.065) prohibits leaving vehicles on public streets for longer than 72 hours. • The Los Gatos Municipal Code (Section 15.40.0 75) prohibits parking vehicles on public streets for sale. * The Los Gatos Municipal Code (Section 14.10.020) requires a Business License for all commercial activities in Town, including vehicle sales and advertising. (Additional details on the reverse) You may be in violation and subiect to towi or citation if this vehicle is not moved immediately. If you have questions, call 408 -354 -8600 Town of Los Gatos Municipal Code Sections Section 15.40.065: (a) No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street, alley or publicly owned parking lot for more than a consecutive period of seventy -two (72) hours. For the purposes of this section, a vehicle shall be considered to have been parked or left standing for seventy -two (72) or more consecutive hours if it has remained inoperable or has not been moved at least five- tenths of a mile or more during said seventy -two (72) hour period. (b) In the event a vehicle is parked or left standing upon any street, alley or publicly owned parking lot in excess of a consecutive period of seventy -two (72) hours, any member of the Police Department may remove such vehicle from the street in the manner, and subject to the requirements of sections 22650 to 22652 and 22850 to 22854 of the Vehicle Code of this State. (Code 1968, § 16 -48; Ord. No. 2084, § I, 5- 21 -01) Sec. 15.40.075. Parking for purposes of display, repair, etc Prohibited No person shall park a vehicle upon any roadway for the principal purpose of: (1) Displaying such vehicle for sale; (2) Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency. (Code 1968, § 16 -49) Section 14.10.020 It shall be unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the Town without first having procured a license from the Town.