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AGENDA REPORT BY:— Lri-, .
TO: Honorable City Council
FROM: John Brand, Senior Management Analyst
DATE: April 30, 2008 (CC Meeting of 05/07/2008)
SUBJECT: Consider Advocating or Sponsoring Legislation to Expand Vehicle
Code Enforcement on Privately Owned Parking Lots
BACKGROUND
On April 16, the City Council adopted a new Legislative Program including a new
position to support legislation expanding Vehicle Code (VC) enforcement on private
property. Additionally, on April 16 Council directed staff to explore sponsoring specific
legislation to expand Vehicle Code enforcement on private property as recommended
by the Finance, Administration, and Public Safety (FAPS) Committee (Mayor Hunter
and Mayor Pro Tern Parvin).
DISCUSSION
Current law (VC 21107.8) allows law enforcement to apply specific sections of the code
after a resolution or ordinance is approved by the City Council, and after required
signage is posted. However, contrary to public perception, the law limits enforcement on
private parking facilities to three sections:
VC 22350 — Basic Speed Law;
VC 23103 - Reckless Driving; and
VC 23109 — Speed Contest/Exhibition of Speed.
Council is being asked to consider to advocate for or sponsor legislation to add to the
list of enforceable code sections in parking lots where the Vehicle Code enforcement is
authorized. The other requirements and procedures would remain in place before
enforcement could occur. Briefly, these requirements are 1) that the property owner
requests VC enforcement on their private parking lot or parking facility; 2) Council
approves the request by resolution or ordinance; and 3) proper signage as required by
the VC is posted by the property owner.
Honorable City Council
Meeting of May 7, 2008
Page 2
Among the laws that the FAPS Committee discussed and thought that should be
enforceable were:
VC 21200.5 — DUI on a Bicycle
VC 21461 — Obey Traffic Regulatory Signs (e.g. One Way, Do Not Enter, etc.)
VC 21650 — Drive on Right Half of Roadway
VC 22450 — Stop Signs
VC 23110 —Throwing Substances at Vehicles
VC 23220 — Drinking While Driving
VC 23221 — Drinking in a Motor Vehicle
VC 23222 — Possession of Marijuana or Open Container While Driving
VC 27360 — Child Restraints
VC 24250 — During Darkness Required Lighting On
VC 27007 — Sound Amplification Devices (radios, etc, greater than 50 feet)
If approved, the first order of business is to identify the stakeholders in such legislation.
Among these might be persons or organizations with a direct interest in vehicle code
enforcement on private property. Staff would need to identify the possible supporters,
potential co-sponsors, and probable opponents of such legislation.
To start, staff would research the professional associations, and trade groups dealing
with shopping centers, parking lot operations and maintenance, and commercial
property management. The search might begin with groups such as the International
Council of Shopping Centers (ICSC), and the California Public Parking Association.
Also contact would be made with law enforcement groups, anti-crime groups,
automobile associations, and any other groups. Staff will develop information on the
various groups and if each has a position or might consider a position on the expansion
of vehicle code enforcement on private parking lots. Staff would document the pros,
cons, and opinions offered by the people and groups that are contacted.
The second step will be to work with the League of California Cities Policy Committee,
our legislators, and others to develop the legislation. It may not be unusual for this
process to take a year or two before a draft bill is introduced in the Legislature.
FISCAL IMPACT
None outside of existing budgeted staff time and office expenses (postage, telephone,
computer usage.)
STAFF RECOMMENDATION
Direct Staff to Proceed and to Provide Periodic Updates to the City Council.
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