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HomeMy WebLinkAboutCC AG PKT 2011-09-26 #IAGENDA STAFF REPORT DATE: September 26, 2011 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby, Assistant City Manager /Public Works SUBJECT: OLD TOWN PARKING UPDATE SUMMARY OF REQUEST: It is requested that the City Council: 1. Receive and File this update related to parking in Old Town. 2. Adopt Resolution No. 6187 authorizing the City Manager to enter into parking agreement for the property located at 1300 Pacific Coast Highway. BACKGROUND AND ANALYSIS: Old Town Seal Beach has narrow streets that were constructed over 75 years ago. Every available parking space in Old Town is needed and used. Over time, personal vehicles have become wider and longer since these streets were constructed and have therefore reduced the width of the driving lane and number of on- street parking spaces. The City's approach to parking in Old Town, over the years, has been to maintain as many parking spaces as possible. Over the past few years, two situations have occurred that reduced the number of parking spaces in Old Town. Those actions resulted in a loss of approximately 60 parking spaces. The first situation arose from difficulty of emergency vehicles responding to a service call. In July 2010, Orange County Fire Authority (OCFA) notified the City regarding difficulties in responding to service calls in Old Town. The issues included a lack of street width and insufficient room at intersections to make turns. Having the ability for emergency vehicles to respond is a necessity. Therefore, a series of public meetings were held to discuss alternatives and solutions. Numerous solutions were discussed, and the preferred alternative was to paint red curbs at intersections to allow sufficient turning - radius for the vehicles. This resulted in loss of public parking at these intersections. Agenda Item The second situation arose from construction of storm drain facilities in Old Town. Due to historic flooding, the City has traditionally not allowed (painted red curbs) in front of the entry points (catch basins) to the drainage system. This allows the maximum amount of water to enter into the storm drain system, increases the ease for maintaining those catch basins, and in the event of a heavy rain event ensures that no cars will be damaged by rainwater. The loss of these parking spaces has had a severe impact to the community. With the goal of returning the lost parking spaces, another public meeting was held on July 14, 2011. After reviewing the practice of painting red curbs in front of catch basins, meeting with the City's risk management team, it was determined that the curbs in front of the catch basins do not need to be painted red. After removal of these red curbs, the number of lost spaces was reduced to between 40 and 45. During that meeting numerous ideas were generated regarding returning the lost parking spaces and improving the parking situation long term in Old Town. The following list, represents ideas generated during the July 14, 2011 meeting as potential solutions to the parking shortage are as follows: • Require existing non conforming properties to provide offsite parking; • Institute Public Relations Campaign to encourage residents to park in their garage; o Acquire GSA Right of Way and convert to a parking lot; • Install angled parking on Seal Beach Boulevard (south of PCH); • Extra parking enforcement; • Enforce garage usage; • Institute permit only parking; • Use 13th Street Chevron parking lot; • Allow overnight parking within the 10th Street lot with permit; • Develop culture of parking responsibly; • Using volunteer police officers for parking enforcement; • Remove parking window hangers; • Consistent signage; • Possible parking along greenbelt for Special Events; • Require 20 ft garage apron on future construction; and • Install handicapped parallel parking in Old Town. Staff has examined each recommended potential solution. Significant progress has been made on several of the items. Below are a summary of these items. The items listed first indicate those in which significant progress has been achieved. Allow overnight parking within the 10`" Street lot with permit Overnight parking will be allowed in the 10th Street lot. Each resident will be allowed to pick up one parking permit from the City. Each resident must provide proof of residency in Old Town and have a car registered in Old Town. This Page 2 permit will allow cars to be parked in the 10th Street lot during night -time hours. The vehicles will need to be removed from the 10th Street lot prior to 9:00 am or they will be subject to a citation. 72 hour violations are still in effect. This option will provide over 100 additional parking spaces for vehicles to park during night hours, which will not only compensate for the lost spaced due to red curbs, but provide for additional parking spaces long -term. Use 13th Street Chevron parking lot A small private parking lot is located behind the Chevron Gas Station at 1300 Pacific Coast Highway. See attached exhibit. This lot has seven parking spaces and is owned by Chevron. After the public meeting on July 14th, City staff contacted Chevron and requested use of the parking lot. Chevron has agreed to allow usage of the lot. The City will assume liability and maintenance for the lot. Chevron has agreed to lease the lot for a cost of $1 per year with the stipulation that they may take the lot back with 30 days notice. if public parking is provided, this will be for permit parking only. At this time the City has not contacted the adjacent residents. A potential conflict may exist with the resident that borders the lot. Institute Public Relations Campaign to encourage residents to park in their garage A Public Relations Campaign is ready to be implemented by City staff. The City has begun preparing a graphic with a slogan that will encourage residents to park in their garages. The graphic will be shown on Public Access Television, bus stops within city limits, water billing inserts, the City's Recreation Guide, and throughout City Hall. This ties in with another recommendation on the list to "Develop a culture of parking responsibly." The City has contacted and received a bid from a local graphic designer to attend a meeting and prepare a logo, slogan, and artwork for the PR Campaign. Extra Parking Enforcement The Police Department is looking at several methods of increasing the amount to parking enforcement. The first is to increase the use of Volunteer Police Officers (Reserve). Currently, the Police Department has four Police Reserve Officers. These Officers perform a myriad of functions in the Department's Field Services Bureau, including some parking enforcement as calls for service dictate. The Reserves are required to work one shift each month and they have typically been scheduled on Friday nights when the Department is experiencing a high volume of calls. Additionally, they have been scheduled to work local parades, car shows, 4th of July, and New Years Eve. It is anticipated that increasing the amount of parking control that this group performs will decrease their impact in other police operations. The Department is reviewing the potential of expanding the Reserve Officer Program, and with an expanded program, enhanced parking enforcement could be addressed. Secondly, the Police Department is currently utilizing left hand drive vehicles for parking enforcement. Since 2007, these vehicles have been staffed with two Page 3 Senior Community Service Officers because a single driver cannot drive and chalk parked vehicle tires simultaneously. The Department is exploring options and will come back to the Council with a request to acquire the equipment it needs to efficiently perform the parking control function. Acquiring appropriate equipment will eliminate the chronic complaint that parking personnel are working with two people in a vehicle doing what should be a single person's job, and further, it will provide more parking enforcement coverage which will equate to more enforcement activity. Diagonal Parkinq on Seal Beach Boulevard The recommendation of diagonal parking on Seal Beach Boulevard was examined further. The width of Seal Beach Boulevard between Pacific Coast Highway and Electric Avenue will accommodate diagonal parking. At this time staff is not recommending diagonal parking for several reasons. Diagonal parking will remove parallel parking from one side of the street. After removal of the parallel parking, the diagonal parking translates into a decrease in the number of parking spaces. Additionally, the presence of diagonal parking is not recommended on an arterial street and creates traffic backing into oncoming traffic. Require existing nonconforming properties to provide off - street Parkinq There are numerous existing residential properties in Old Town that are nonconforming with respect to the amount of off - street parking provided. In order to be considered "nonconforming ", they must have met the Code requirements at the time of construction; however they don't meet the current requirements. When a nonconforming property is expanded or altered, the property must comply with current codes. Absent any proposed expansion or alteration, it would be difficult, if not impossible, to compel the majority of these property owners to provide adequate parking because of the physical limitations or the existing layout of buildings on these properties. At this time, staff is not recommending that existing nonconforming properties be required to provide off- street parking unless there is a proposed expansion or alteration to a property, in accordance with the Zoning Code. Acquire GSA Right of Way and convert to a parking lot The General Services Administration (GSA) is in the final phases of releasing ownership of these former railroad right -of -way properties. Because of the odd shapes and location of these parcels, as well as several structural encroachments on many of the parcels, staff believes that these parcels would not be suitable for conversion to off - street parking. Since many of the adjacent property owners have expressed an interest in purchasing those remnant parcels which abut their properties, it is likely that this is what will occur. Enforce Garage Usage The City could require that garages be available and used for parking, but this could be viewed as an invasion of privacy. The Code does not allow garages to be rented for storage and permanent improvements cannot be constructed that reduce the usable size of a garage, but the Code is less clear about a resident Page 4 storing their own personal items in their garage. The Code would need to be clarified to limit storage of personal items in garages and then staff would have to be increased to be able to monitor garage use. Institute Permit Only Parking The City can look further into instituting permit only parking in Old Town; however residents of Old Town need have a consensus that this is the direction that they desire for the future. Permit only parking has impacts for residents when having guests visit, and may not solve the problem if the majority of the vehicles originate locally. If the community does indeed desire permit only parking, the largest obstacle to instituting permit only parking will be the California Coastal Commission. The Coastal Commission views any limitation on parking as a limitation on access to the beach. In order to move forward with permit only parking, the City must acquire a Coastal Development Permit (CDP) from the Coastal Commission. Remove Parking Window Hangers A comment was made to change the guest parking pass from window hanger to permanent sticker type. They claimed that many residents transfer these to other people. Currently, the City issues two guest parking passes to each address per year that are hung from the rear view mirror. The City's policy is that if the pass is lost, stolen or misplaced, the City will not replace the pass until the next year. The request was to change the window hanger to a permanent sticker. Due to the nature of the guest parking pass, the intent was to use the pass for different vehicles as guests would arrive for a temporary use. If the guest pass was changed to a sticker type, the pass would only be used for one vehicle. This may defeat the purpose. Staff is not recommending the change from widow hanger to sticker type at this time. Require 20 foot garage apron on future construction A suggestion was made to require a minimum 20 -foot rear yard setback for residential properties in Old Town abutting a rear alley. The idea is that the larger setback would allow the off - street parking of two additional vehicles in front of the garage when parked side by side. This change would require a Zoning Text Amendment. But more importantly, if this change were implemented, virtually every existing residential property in Old Town would become nonconforming, due to an inadequate rear yard setback. Since this setback change would only apply when a property is torn down and rebuilt or undergoes significant addition, any substantial benefit would take several years to realize and property owners, especially those with multi -unit structures, may be reluctant to redevelop their properties since this proposal would effectively reduce the developable area of parcels in Old Town. In addition to the non - conforming issue, implementing this setback significantly changes Old Town. Staff is not recommending such a change to the Zoning Code at this time. Consistent Signage Many different parking situations and signage exists throughout Old Town. Two exhibits are attached to this report. The first illustrates 17 sets of various signs Page 5 presently posted. Currently, 10 of those sets of signs represent different parking restrictions for street sweeping. The second exhibit illustrates street sweeping signs consolidated into one category. Over the next year staff will review the condition of the signs and replace old signs where necessary. Additionally, the wording on the signs will be reviewed for clarity and consistency. Handicapped Parallel Parking in Old Town This request was received from one resident to place handicapped parallel parking in Old Town. Staff is not recommending placement of parallel handicapped parking spaces at this time. Currently there are two handicapped parallel handicapped parking spaces near the corner of 8th Street and Central Avenue. Handicapped parking spaces are mandated for all City facilities per the Americans with Disabilities Act. The handicapped parking spaces do not meet all of the requirements of a legal handicapped parking space in that there is no designated landing (or loading) pad for a person to load and unload from a vehicle. This requirement is waived as the parallel handicapped parking if it is the best that the City can do for its facilities at this time. There are two reasons for not placing additional parallel handicapped parking spaces throughout the City: 1) Parallel handicapped parking spaces do not meet all of the requirements by the Americans with Disabilities Act and are not required on public property for private residents. Placement of these parking spaces, although open to all handicap - qualified individuals, creates a perception that the parking space is being placed for one individual and creates an unfair situation. 2) The City's risk management, JPIA advised that the parallel handicapped parking spaces would create a liability to the City unless the parking spaces are for a public building and would open the door to other residents requesting parking spaces. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact. Page 6 RECOMMENDATION: It is recommended that the City Council: 1. Receive and File this update related to parking in Old Town. 2. Adopt Resolution No. 6187 authorizing the City Manager to enter into parking agreement for the property located at 1300 Pacific Coast Highway SUBMITTED BY: Sean P. Crumby, Assistant City Manager /Public Works Attachments: A. Resolution No. 6187 B. Parking License Agreement C. Parking Signage Layout — All Signs in Old Town Page 7 NOTED AND APPROVED: R. Ingram, C anager RESOLUTION NUMBER 6187 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE PROPERTY OWNER OF 328 13TH STREET FOR PUBLIC PARKING WHEREAS, Owner owns property located at 328 - 13th Street in the City of Seal Beach (the "Property "), a paved and delineated parking lot, which has access to 13th Street and the alley between 13th Street and 14th Street; and WHEREAS, the City desires to make the Property available for public vehicle parking. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL HEREBY RESOLVE: Section 1. That the City Manager is herebYt authorized to enter into a lease agreement with the Property owner of 328 - 13 Street for public parking. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 26th day of September, 2011 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6187 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 26th day of September , 2011. City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Seal Beach 211 Eighth Street Seal Beach, California 90740 Exempt from fees per Government Code § 27383 (space above for recorder's use) 13TH STREET PARKING LOT LICENSE AGREEMENT between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 George A. Pearson 16868 "A" Street Huntington Beach, CA 92647 This License Agreement ( "Agreement ") is made as of September 26, 2011 (the "Effective Date "), by and between George A. Pearson ( "Owner "), and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). 1 of 7 S7296- 0001 \1385486v1.doc RECITALS 1. Owner owns the property located at 328 13th Street in the City of Seal Beach (the "Property "), which is paved, currently delineated with 8 parking spaces, and has access to both 13th Street and the alley way between 13th Street and 14th Street. The Property is depicted in the attached Exhibit A, which is hereby incorporated by this reference. 2. City desires to make the Property available for public vehicle parking. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT Section 1 Grant of License 1.1. Grant. Owner grants to City and City's Permittees a license to park vehicles on the Property and to access the Property via 13th Street and the alley way between 13th Street and 14th Street. The license granted to City and City's Permittees shall be used in accordance with the terms and conditions set forth herein. 1.2. No Leasehold. No legal title or leasehold interest in the Licensed Parking Area or Common Area is created or vested in City by the grant of this License. Section 2 Term & Termination 2.1. The term of this License shall begin on the Effective Date and continue thereafter until terminated in accordance with the terms of this License. 2.2. Either Party may terminate this License without cause upon at least thirty days written notice to the other Party. Section 3 Relationship of the Parties 3.1. The only relationship created by this License is of that of licensor and licensee. Neither City nor any of its officers, employees, or agents shall have control over the means of service or means of production of Owner or any of its officers, agents, or employees. Owner is solely responsible for all aspects of its property and operation. Owner shall not, at any time or in any manner, represent that it or any of its officers, agents, or employees are in any manner agents or employees of City. Section 4 Use of Premises 4.1. Owner's Control. Owner may exclude, restrain, or limit any person from the use or occupancy of the Property; excepting City and City's Permittees while engaging in the bona fide use of the Property for parking vehicles in accordance with the terms of this License. 4.2. Street Sweeping. In consideration of the license Owner grants to City pursuant to this Agreement, City shall at its sole cost provide street sweeping services for the Property on an as- needed basis. 2of7 S7296- 0001 \1385486v1.doc 4.3. Parking regulations. City shall have the right to make and promulgate and from time to time change rules and regulations for the public use of the Properly for vehicle parking. City shall have the right to post such notices on the Property as it deems necessary or convenient for the public use of the Property for vehicle parking. 4.4. Unauthorized Use. If Owner determines that City of City's Permittees are using any portion of the Property in an unauthorized manner, City shall, upon demand of Owner, take appropriate action to remove or restrain such persons. Nothing herein shall limit owner's right to remove or restrain any person engaged in the unauthorized use of the Property. 4.5. No Waste or Nuisance. City shall not commit any waste or any public or private nuisance upon Common Area or Licensed Parking Area. Section 5 Maintenance of Property 5.1. Owner shall maintain the Property in a reasonably safe and clean manner, and shall be solely responsible for the cost of such maintenance and all utilities for the Property, with the exception of street sweeping services provided by the City pursuant to Section 4 of this Agreement. Owner may reasonably limit the access of City and City's Permittees to the Property when necessary for the purpose of maintaining the Property. Section 6 Indemnity 6.1. Indemnification of Owner. To the fullest extent permitted by law, City shall indemnify, defend, and hold harmless Owner, its officers, agents, employees, and representatives from and against any and all demands, debts, liens, claims, losses, damages, liability, costs, expenses (including, but not by way of limitation, fees and costs actually incurred, whether or not litigation has commenced), judgments or obligations, action, or causes of actions whatsoever, for or in connection to any injury, damage or loss (including, but not limited to bodily injury, death, personal injury, property damage, violation of any applicable Municipal, County, State, and Federal laws and regulations, Court Rules or ordinances, or any other type of loss) sustained or claimed to have been sustained by any person or persons, or corporation, or public or private entity arising out of the performance or nonperformance of services, operations, duties, and other obligations of the City, its officers, agents, employees, representatives, and subcontractors under this License. The provisions of this indemnification clause shall not be limited to the availability or ability to collect insurance coverage, and shall survive the termination of this agreement. 6.2. Indemnification of City. To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless City, its governing board and the individuals thereof, and all its officers, agents, employees, and representatives from and against any and all demands, debts, liens, claims, losses, damages, liability, costs, expenses (including, but not by way of limitation, fees and costs actually incurred, whether or not litigation has commenced), judgments or obligations, action, or causes of actions whatsoever, for or in connection to any injury, damage or loss (including, but not limited to bodily injury, death, personal injury, property damage, violation of any applicable Municipal, County, State, and Federal laws and regulations, Court Rules or ordinances, or any other type of loss) sustained or claimed to have been sustained by any person or persons, or corporation, or public or private entity arising out of the performance or nonperformance of services, operations, duties, and other obligations of the Owner, its officers, agents, employees, representatives, and subcontractors under this License. 3 of 7 S7296- 0001 \1385486v1.doc The provisions of this indemnification clause shall not be limited to the availability or ability to collect insurance coverage, and shall survive the termination of this agreement. Section 7 Party Representatives 7.1. City's Representative. The City Manager is City's representative for purposes of this License. 7.2. Owner's Representative. George A. Pearson is Owner's representative for purposes of this License. Section 8 Notices 8.1. Form of Notice. All notices permitted or required under this License shall be deemed made when personally delivered or when mailed 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at the following addresses: To City: City of Seal Beach 2118 Ih Street Seal Beach, California 90740 Attn: City Manager To Owner: George A. Pearson 16868 "A" Street Huntington Beach, CA 92647 8.2. Actual Notice. Actual written notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Section 9 Assignment Prohibited 9.1. The license Owner grants to City pursuant to this Agreement is personal to City and City's Permittees. This Agreement shall not be assigned, without the Owner's prior written consent, which consent shall not be unreasonably withheld. Section 10 Miscellaneous 10.1. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This License may only be modified by a writing signed by both parties. 10.2. Applicable Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of California. 10.3. Construction. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party who drafted it. 10.4. No Third Party Rights. No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement 4of7 S7296- 0001 \138 5486v l .doc 10.5. No Brokers. Each party represents to the other that it has not engaged or used the services of any broker, finder, or salesperson in connection with this Agreement. 10.6. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be deemed an original for all purposes. 10.7. Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 10.8. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 10.9. Prohibited Interests. Owner maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Owner, to solicit or secure this Agreement. Further, Owner warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Owner, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this License. For breach or violation of this warranty, City has the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 10.10. Attorneys' Fees. If either Party commences an action against the other Party, legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party all of its attorney's fees and other costs incurred in connection with such action. 10.11. Exhibits. All exhibits referenced in this License are hereby incorporated into the License as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this License, the terms of this License shall control. 5 of 7 S7296- 0001 \1385486v1.doc IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this License as of the date and year first above written. CITY OF SEAL BEACH OWNER Attest: LN Jill R. Ingram, City Manager George A. Pearson Linda Devine, City Clerk Approved as to Form: IM Quinn M. Barrow, City Attorney 6 of 7 S7296- 0001 \1385486v1.doc IN WITNESS WHEREOF, the Patties hereto, through their respective authorized representatives have executed this License as of the date and year first above written. CITY OF SEAL BEACH By: Attest: Jill R. Ingram, City Manager Linda Devine, City Clerk Approved as to Form: Quinn M. Barrow, City Attorney 6 of 7 57296 - 000113 854 86Y l .do c OWNER By: George A. Pearson Exhibit A Depiction of Property 7of7 S7296 -0001\1 3 8 5486v l . doc { : PROPOSED LOT ZK J -1 y`1 � Ak� ''ti / (�lj�'''��jJy`�� �,t / � ` K , % � �• ,!p •y ! .n1,�\.. !,f `l ♦,� (a� �yt •, ~! .� y+��S`JF y' ` l ! .% p /j,ra,,�,�j. � �� / ,aAL.. ) i�(_^U.1 � `�./ `�.' .�"�'�•�{/��`•�'�,., i s4. �i4.t� "� .�• RAJ s. ✓ � , j , �" -`�, iK low ;