HomeMy WebLinkAboutAGENDA REPORT 2012 0118 CC REG ITEM 09Cir
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Ron Nelson, Captain
DATE: December 21, 2011 (CC Meeting of 1/18/12)
ITEM 9.C.
SUBJECT: Consider an Ordinance Amending Section 10.08.010, Applicability of
Provisions, of Chapter 10.08, Private Roads and Parking Facilities, of
Title 10, Vehicles and Traffic, of the Moorpark Municipal Code
SUMMARY
Moorpark Municipal Code (MMC) Section 10.08.010, which authorizes the enforcement
of California Vehicle Codes (CVC) on both private roads and off - street parking facilities
open to the public, was first approved by the Moorpark City Council on October 30,
1984 through the adoption of Ordinance No. 30. The ordinance was first numbered as
MMC Sections 12.02.010 (pertaining to private roadways) and 12.02.020 (pertaining to
private parking facilities), but was later amended as MMC Sections 10.08.010.A and
10.08.010.8. There is a need to amend some of the language in MMC Sections
10.08.010.A and 10.08.010.13 to be more consistent with the current California Vehicle
Code. Section 10.08.010.13 is also proposed to be revised to remove the reference to
CVC 22507.8 to permit handicapped parking enforcement consistent with State law.
DISCUSSION
MMC Section 10.08.010.13 currently allows for the enforcement of specific traffic laws in
private off - street parking facilities open to the public, such as local shopping centers.
The section references CVC Section 21107.8(a), which empowers cities and counties
with the ability to adopt local ordinances or resolutions so that specific traffic laws may
be enforced on the private properties. These specific CVC laws include Sections 22350
(Basic Speed Law), 23103 (Reckless Driving), 23109 (Speed Contest), and the
provisions of Division 16.5 (Off- Highway Vehicles). Our MMC adds one section to the
list that is not mentioned in CVC Section 21107.8(a), that being 22507.8 (Handicapped
Parking). In order for these traffic laws to be enforceable, the private off - street parking
facilities open to the public must, pursuant to CVC 21107.8(b), also have signs posted
at all entrances stating that the area is subject to public traffic regulations and control.
The reference to the handicapped parking (CVC 22507.8) is not mentioned in the list of
0
Honorable City Council
January 18, 2012, Regular Meeting
Page 2
specific traffic laws that require a City ordinance. In fact, CVC section 21107.8(d)
specifically states:
Section 22507.8 may be enforced without enactment of an ordinance or resolution
as required under subdivision (a) or the posting of a notice at each entrance to the
offstreet parking facility as required in Subdivision (b).
The handicapped parking reference as written in MMC Section 10.08.010.13 establishes
a requirement that private off - street facilities must have signs posted as referenced in
CVC 21107.8(b) in order for handicapped parking violators to be cited. Nearly all private
off - street parking facilities open to the public in the City have handicapped parking
stalls; however, not all of these parking facilities are Vehicle Code enforceable through
resolution or ordinance, and therefore lack the proper signs required for Vehicle Code
enforcement. This sets up the situation where persons parking in handicapped parking
stalls without the proper handicapped placard cannot be cited when signs are not
posted pursuant to CVC 21107.8(b).
By removing the reference to CVC 22507.8 in our MMC, handicapped parking
restrictions may be enforced in all privately owned off - street parking facilities.
The original City ordinance allowing for the enforcement of traffic laws was adopted in
1984, before the development of the majority of the City's current commercial and
industrial centers. Both Sections 10.08.010.A and 10.08.010.13 contain a reference to
an attached exhibit for the Varsity Park Shopping Center. Since that time, newer
commercial shopping centers have been developed. Traffic enforcement in these
newer centers has been allowed through the adoption of separate City Council
resolutions, which is consistent with the provisions of the CVC. Reference to an exhibit
and the Varsity Park Shopping Center is proposed to be deleted in both Sections
10.08.010.A and 10.08.010.13, and a general description of privately owned and
maintained roads and off - street parking facilities has been added in lieu of an exhibit.
Attached is a draft ordinance showing the proposed changes in legislative format. The
legislative formatting will be removed from the ordinance if adopted. The City Attorney
has reviewed and approved the changes to the MMC.
The usual practice is for the City Council to adopt a resolution for enforcement of the
CVC, and a separate agenda report will be submitted at the time of second reading of
the ordinance requesting adoption of a resolution to continue the CVC traffic
enforcement in the Varsity Park Shopping Center.
10
Honorable City Council
January 18, 2012, Regular Meeting
Page 3
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Introduce Ordinance No. for the first reading, waive full reading, and
schedule second reading and adoption for February 1 2012; and
2. Direct staff to prepare a resolution for the meeting of February 1, 2012, to
continue traffic enforcement in the Varsity Park Shopping Center with an effective
date corresponding to that of the ordinance.
Attachment: Draft Ordinance
11
Honorable City Council
January 18, 2012, Regular Meeting
Page 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING SECTION 10.08.010,
APPLICABILITY OF PROVISIONS, OF CHAPTER 10.08,
PRIVATE ROADS AND PARKING FACILITIES, OF TITLE 10,
VEHICLES AND TRAFFIC, OF THE MOORPARK MUNICIPAL
CODE
WHEREAS, Sections 10.08.010.A and 10.08.010.13 of Section 10.08.010,
Applicability of Provisions, of the Moorpark Municipal Code (MMC) require updating for
consistency with the California Vehicle Code (CVC); and
WHEREAS, proposed revisions to Section 10.08.010.A include deleting
reference to an attached exhibit and the Varsity Park Shopping Center and adding a
description that privately owned and maintained roads are herein described as including
all those designated by city council resolution as subject to the provisions of the
California Vehicle Code, unless the owner has caused to be erected a notice consistent
with Section 21107.6(b) and any sections amendatory or supplementary thereto; and
WHEREAS, proposed revisions to Section 10.08.010.13 include deleting
reference to an attached exhibit and the Varsity Park Shopping Center, adding a
description of privately owned and maintained off - street parking facilities as including all
those designated by City Council resolution as subject to the CVC, and deleting
reference to CVC Section 22507.8; and
WHEREAS, deletion of reference to CVC Section 22507.8 in MMC Section
10.08.010.13 will allow for the enforcement of handicapped parking restrictions in all off -
street parking facilities open for use of the public for purposes of vehicular parking,
consistent with CVC Section 21107.8(d); and
WHEREAS, CVC Section 21107.8(d) specifically states that Section 22507.8
may be enforced without enactment of an ordinance or resolution as required under
subdivision (a) or the posting of a notice at each entrance to off - street parking facilities;
and
WHEREAS, a public hearing on this matter was convened pursuant to the
requirements of CVC Sections 21107.6(a) and 21107.8(c) and notice of said public
hearing was provided to the property owner of the Varsity Park Shopping Center as
required by the CVC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
12
Honorable City Council
January 18, 2012, Regular Meeting
Page 5
SECTION 1. Section 10.08.010, of the MMC is amended in its entirety to read as
follows:
"10.08.010 Applicability of provisions.
A. Pursuant to the provisions of Section 21107.6 of the
California Vehicle Code, and any sections amendatory or supplementary
thereto, the city council finds and declares that there are privately owned
and maintained roads, as .toonr*bed in -hi -- sestier+; within the city, which
are generally held open to the public for purposes of vehicular traffic to
serve commercial establishments.. , and such privately owned and
maintained roads are herein described as including all those designated
by city council resolution as subject to the provisions of the California
Vehicle Code, unless the owner has caused to be erected a notice
consistent with Section 21107.6(b) and any sections amendatory or
supplementary thereto .teens of the Ga l' e Cede shall
the e aase Ged+fied + r$erated -in - thls--s-UbseGt eR
by this referene°: Exhibit 1. Varsity Park Shepp4ig-Ce-Rter-.
B. Pursuant to California Vehicle Code Section 21107.8, and
any sections amendatory or supplementary thereto, the city council finds
and declares that there are privately owned and maintained off - street
parking facilities, as described in this SeGtion including those owned and
maintained by the city that, which are generally held open for use of the
public for purposes of vehicular parking..., and such privately owned and
maintained off - street parking facilities are herein described as including all
those designated by city council resolution as subject to the California
Vehicle Code. Sections 22507.822350, 23103, 23109 and the provisions
of Division 16.5 (commencing with Section 38000) of the California
Vehicle Code shall apply to such privately owned and maintained off -
street parking facilities, provided that the owner or operator has caused to
be posted in a conspicuous place at each entrance to sashthat off - street
parking facility a notice as required by Section 21107.8(b) of the California
Vehicle Code and any sections amendatory or supplementary thereto., Ret
less than co�r to (17) innhoo her fi�� � two ( 7� hoo Zn with
rca$�-rcrn-- ,nTCefltce♦l 2fl c nG�� - ►R- �FLC -�rnrr
lettering not loco than ens (1 ) in ff
height,
s#ee blis tra#+oFegU'a#+efl and sen#01. The
off stFeet pa*iRg faGilities are as shGWR on the exhibits attaGhed to the
this - refers„ Exhibit ShoppingSenAef-.-"
13
Honorable City Council
January 18, 2012, Regular Meeting
Page 6
SECTION 2. Severability. If any section, subsection, subdivision, sentence,
clause, 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 the ordinance. The City Council
hereby declares that it would have adopted this ordinance, and each section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3. Effective Date. This ordinance shall become effective thirty (30)
days after its passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall
make a minute of the passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this day of , 2012.
Janice Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
14