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HomeMy WebLinkAboutDiscussion and Formation of the City of Rancho Cucamonga Parking Authority Inclu_20241017234055572F1.Discussion and Formation of the City of Rancho Cucamonga Parking Authority Including (1) a Resolution of the City Council of the City of Rancho Cucamonga, California Declaring the Need for a Parking Authority to Function in the City; (2) Declaring the City Council to be the Board of Directors of the Parking Authority; (3) a Resolution of the Board of Directors of the City of Rancho Cucamonga Parking Authority Approving Bylaws of the Parking Authority; (4) Draft Bylaws of the City of Rancho Cucamonga Parking Authority. (CITY RESOLUTION NO. 2024-085 AND PARKING AUTHORITY RESOLUTION NO. RCPA 2024-001) (CITY/RCPA) DATE:August 12, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Carrie Rios, Community Improvement Manager SUBJECT:Discussion and Formation of the City of Rancho Cucamonga Parking Authority Including (1) a Resolution of the City Council of the City of Rancho Cucamonga, California Declaring the Need for a Parking Authority to Function in the City; (2) Declaring the City Council to be the Board of Directors of the Parking Authority; (3) a Resolution of the Board of Directors of the City of Rancho Cucamonga Parking Authority Approving Bylaws of the Parking Authority; (4) Draft Bylaws of the City of Rancho Cucamonga Parking Authority. (CITY RESOLUTION NO. 2024-085 AND PARKING AUTHORITY RESOLUTION NO. RCPA 2024-001) (CITY/RCPA) RECOMMENDATION It is recommended the City Council adopt the attached resolutions to formally establish the City of Rancho Cucamonga Parking Authority, designate the City Council as its Board of Directors, and adopt and approve Bylaws for the Parking Authority. BACKGROUND The California Streets and Highways Code (S&H Code), Part 2 of Division 18, provides authorization for any municipality to form a parking authority to manage parking needs within a city. The parking authority may only transact business and exercise its powers once the City Council, by resolution, declares the need for the parking authority. Rancho Cucamonga is an existing City, incorporated over 45 years ago, in a largely suburban form. Particularly since the adoption of the 2020 General Plan, the City is transitioning to a suburban community with an urban core and corridors. As part of this transition, parking moves from a dispersed public and private commodity that is not centrally managed to a critical piece of the urban infrastructure which requires more careful construction, maintenance, and regulation to ensure that it successfully meets the needs of a healthy business and residential community. With Rancho Cucamonga's current and near-term anticipated growth, particularly due to increased residential density and the forthcoming high-speed rail terminus, establishing a Parking Authority at present will ensure a structured and efficient approach to parking. ANALYSIS In an urban setting or a shared urban-suburban setting, parking becomes a critical commodity and infrastructure component that requires a more deft approach to developing and managing to ensure that it remains available, is safe and accessible, and exists in sufficient quantities to allow business and residential developments to thrive, while not unnecessarily burdening acres of 2 5 0 0 valuable property with surface packing. Often this means that parking transitions to a structured environment in which public and private parking co-exist and one parking structure may serve multiple developments. As noted previously, with the adoption of a new General Plan in 2020, the City of Rancho Cucamonga is seeing anticipated mixed-use growth along major arterial corridors in the City, along with business expansion and the arrival in 2028 of the Brightline West High- Speed rail from Las Vegas to Rancho Cucamonga. The abovementioned transition is already underway in Rancho Cucamonga. As a shared commodity, parking in an urban environment needs to be monitored, maintained, and allocated accordingly to ensure businesses thrive, and sufficient parking is available to maintain the quality of life. Upon a comprehensive review of how the City handles parking permits and enforcement, it has been determined the current system is fragmented among multiple departments, lacks clear accountability, provides weak enforcement, and is largely ad hoc having grown without a plan over the last 20 years. Creating a parking authority allows us to centralize permit issuance which right now exists in multiple divisions of Engineering, into one central unit. Enforcement, which is largely contracted to the Sheriff for whom it is a lower priority, can be brought in-house to dedicated staff. A single central software for permit issuance and tracking can be implemented which right now does not exist. Finally, the current system has no provision for construction or finance of future parking facilities which the new system has been designed to accommodate. The proposed Resolution will establish the City of Rancho Cucamonga Parking Authority with the following goals: 1.Parking Program Goals: a)Optimize Parking Utilization: Enhance the efficiency of current and future parking resources. b)Streamline Program Management: Improve operational efficiency and coordination. c)Increase Compliance and Enforcement Efforts: Strengthen enforcement to ensure adherence to parking regulations and availability for all users. d)Implement Modern Technology: Utilize technology to improve access and safety for users and management and enforcement for staff. e)Balance Diverse Needs: Apply various parking models based on area-specific characteristics. f)Improve Parking Experience: Address current uncoordinated parking arrangements, maintain, and improve existing and future parking areas, and ensure all parking remains safe for users. g)Implement Financially Sustainable Strategies: Ensure that parking management practices are economically viable and revenues that are generated from both parking permits, as well as parking enforcement, go back into maintenance, operations, and expansion. 2 5 0 0 2.Parking Authority Formation: a)Authority Structure: As provided by S&H Code Section 32650, the City already has a parking authority but must declare its need through this Resolution to activate its powers. Staff recommends that the City Council hereby declares itself to be the Board of Directors of the Parking Authority under S&H Code Section 32661.1, with all the rights, powers, duties, privileges, and immunities vested by the Parking Law of 1949. Staff also recommends the designation of the Mayor as the Chair of the Board of Directors of the Parking Authority, and the designation of the City Clerk as the Secretary of the Parking Authority. b)Jurisdiction: The Authority will oversee: 1) Cucamonga Station: permit parking for daily/monthly use now or in the future 2) Cucamonga Canyon parking zone: permit parking for daily use now or in the future 3) Hermosa and Foothill Paid Parking Zone 4) East Avenue Paid Parking Zone 5) Residential Permit Parking Districts: established in various parts of the city, including: a) Skyline Road, Inspiration Drive, Crest View Place, Crest View Court b) San Felipe Court c) Merlot Court d) Apple Lane, Beechwood Drive, Valinda Avenue, Date Avenue, Bonita Avenue e) Bella Vista Drive, Henry Street f) Almond Street, Via Serena g) North Rim Way, Golden Prairie Drive, Stagecoach Court, Cheyenne Court, Sagebrush Court h) De Anza Drive, Emery Place, Meyers Drive, Danner Court 6) Estacia Street, Elmhurst Avenue, Stafford Street, Dorset Court, Effen Street, Cambridge Avenue, Malvern Avenue (the 4 houses south of Dorset) East of Hermosa Avenue 7) Existing City-owned public parking lots at all facilities 8) Existing prohibited on-street parking areas 9) Existing and future parking facilities, if owned by the city, at the Epicenter and Victoria Gardens. 10)Future public parking at Haven/Civic and Milliken/Azusa 11)Future Annexed areas as determined at that time c)Authority Powers: The Parking Authority will be able to acquire, construct, rent, lease, maintain, repair, manage, or operate parking facilities. It will prepare an annual report on its financial transactions, including revenue and expenses, for City Council review. d)Authority Funding: After the formation of the authority, a funding structure will be developed. The Authority will have access to the current permit parking funding (Metrolink, Cucamonga Canyon, Hermosa/Foothill, East Avenue, and existing Residential Permits) as well as potential future revenue streams for capital construction. 2 5 0 0 e)Authority Bylaws: The City Attorney has drafted an initial set of Bylaws for the City of Rancho Cucamonga Parking Authority. Those bylaws delineate the name of the Authority, its Purpose and location of corporate offices, who the members and governing board are, officers and their duties, regular meetings, reports, and the ability of the Authority to enter into contracts. FISCAL IMPACT Initial costs will include administrative expenses for establishing the Authority, with ongoing costs for its operation and reporting. Detailed financial impacts will be addressed in subsequent budget reports. Existing costs for enforcement and permits are a general fund expense in multiple different departments and upon creation of the Authority will be unified in a future budget. The long-term goal is for parking management and enforcement to be revenue-neutral. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED This item brings together portions of the Council’s vision and core values by providing a sustainable City and promoting a safe and healthy community for all. ATTACHMENTS Attachment 1 - Resolution for Establishment of the City of Rancho Cucamonga Parking Authority Attachment 2 - Resolution Approving Bylaws of the City of Rancho Cucamonga Parking Authority Attachment 3 - Bylaws of the City of Rancho Cucamonga Parking Authority Attachment 4 - List of current areas for Parking Authority Jurisdiction Resolution No. 2024-085 - Page 1 of 2 RESOLUTION NO. 2024-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE NEED FOR A PARKING AUTHORITY TO FUNCTION IN THE CITY AND DECLARING THE CITY COUNCIL TO BE THE BOARD OF DIRECTORS OF THE PARKING AUTHORITY A Recitals. 1.Part 2 of Division 18 of the California Streets and Highways Code ("S&H Code"), commencing with Section 32650 (the "Parking Law of 1949") provides that in each city exists a public body, corporate, and politic known as the parking authority. 2.The parking authority may transact business and exercise any powers granted to a parking authority under the Parking Law of 1949 upon a declaration by resolution of the City Council that there is a need for a parking authority to function in the City of Rancho Cucamonga (the "City"). 3.This Resolution is not a "project" within the meaning of the California Environmental Quality Act ("CEQA"), and the State CEQA Guidelines outlined in California Code of Regulations, Title 14, Sections 15000 et seq., (the "Guidelines"), because it constitutes organizational or administrative activities of City government that will not result in direct or indirect physical changes in the environment. (Guidelines Section 15378(b)(5)). B. Resolution. The City Council of the City of Rancho Cucamonga finds and resolves as follows: SECTION 1: The City Council hereby specifically finds that all the facts outlined in the Recitals, Part A, of this Resolution, are true and correct. SECTION 2: The City Council hereby declares that there is a need for a parking authority to function in the City. The reasons for this need include but are not limited to, anticipated growth in certain corridors of the City where additional residential density has been zoned in accordance with applicable state housing laws and the future anticipated development of the terminus station for a high- speed rail line between the City and Las Vegas, Nevada. SECTION 3: Under S&H Code Section 32650, the name of the parking authority shall be the "City of Rancho Cucamonga Parking Authority" (the "Parking Authority") which is and shall be a public body, corporate, and politic. SECTION 4: The City Council hereby declares itself to be the Board of Directors of the Parking Authority under S&H Code Section 32661.1, with all the rights, powers, duties, privileges, and immunities vested by the Parking Law of 1949. SECTION 5: The City Council hereby approves and ratifies the designation ATTACHMENT 1 Resolution No. 2024-085 - Page 2 of 2 of the Mayor as the Chair of the Board of Directors of the Parking Authority, and the designation of the City Clerk as the Secretary of the Parking Authority. SECTION 6: The City Council prescribes under S&H Code Section 32663 that the Parking Authority shall file with the City Council a detailed report of all its transactions, including a statement of all revenues and expenditures annually. SECTION 7: The City Clerk Shall cause to be filled with the California Secretary of State and with the County Clerk of the County of San Bernardino the information required by Section 53051 of the California Government Code. SECTION 8: This Resolution shall take effect upon its adoption. SECTION 9: The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of 2024 AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 2024. Executed this day of , 2024 at Rancho Cucamonga, California Janice C. Reynolds, City Clerk Resolution No. RCPA 2024-001 - Page 1 of 3 RESOLUTION NO. RCPA 2024-001 A RESOLUTION OF THE BOARD OF DIRECTORS THE CITY OF RANCHO CUCAMONGA PARKING AUTHORITY, APPROVING BYLAWS OF THE PARKING AUTHORITY RECITALS: A.The City Council of the City of Rancho Cucamonga (the “City”) has approved a resolution determining that there is a need for a parking authority to function in the City, thereby, establishing the City of Rancho Cucamonga Parking Authority (the “Parking Authority”), and thereby authorized the Parking Authority to transact business and exercise any powers under the Parking Law of 1949, commencing with Section 32500 of the California Streets and Highways Code. B.The Board of Directors of the Parking Authority desires to adopt Bylaws. C.This Resolution is not a “project” within the meaning of the California Environmental Quality Act (“CEQA”), and the State CEQA Guidelines set forth in California Code of Regulations, Title 14, Sections 15000 et seq., (the “Guidelines”), because it constitutes organizational or administrative activities of City government that will not result in direct or indirect physical changes in the environment. (Guidelines Section 15378(b)(5)). NOW THEREFORE, THE BOARD OF DIRECTORS OF THE CITY OF RANCHO CUCAMONGA PARKING AUTHORITY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Bylaws of the City of Rancho Cucamonga Parking Authority, attached hereto as Exhibit A, are hereby approved and adopted as the official Bylaws of the Parking Authority. ATTACHMENT 2 Resolution No. RCPA 2024-001 - Page 2 of 3 PASSED, APPROVED, AND ADOPTED this day of 2024 L. Dennis Michael, Chair ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the City of Rancho Cucamonga, California, Parking Authority do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Parking Authority of the City of Rancho Cucamonga, California, at a Regular Meeting of said Parking Authority held on the 21st day of August, 2024. AYES: NOES: ABSENT: ABSTAINED: Executed this day of , 2024 at Rancho Cucamonga, California Janice C. Reynolds, Secretary Resolution No. RCPA 2024-001 - Page 3 of 3 EXHIBIT A BYLAWS OF THE CITY OF RANCHO CUCAMONGA PARKING AUTHORITY (attached) Exhibit A to Resolution No. RCPA 2024-001 5 0 0 3 BYLAWS OF THE CITY OF RANCHO CUCAMONGA PARKING AUTHORITY ARTICLE I - THE PARKING AUTHORITY Section 1. Name of Parking Authority. The name of the Parking Authority of the City of Rancho Cucamonga shall be the “City of Rancho Cucamonga Parking Authority.” Section 2. Purpose. The Parking Authority is a body formed and operating under Part 2 of Division 18 of the California Streets and Highways Code ("S&H Code"), commencing with Section 32650 (the "Parking Law of 1949"). Section 3. Office. The office of the Parking Authority shall be at Rancho Cucamonga City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. ARTICLE II - GOVERNING BODY Section 1. Membership. The members of the City Council of the City of Rancho Cucamonga shall constitute the governing body of the Parking Authority, which governing body shall be known as the Board of Directors. Section 2. Board Authority. The Board of Directors shall be imbued with all powers and authority as specified in S&H Code Section 32650 et seq. and any other applicable statutes or regulations which may be adopted. Section 3. Avoiding Conflicts of Interest. Each member of the Board of Directors shall comply with the reporting requirements of the Political Reform Act, Government Code Section 81000 et seq, and its implementing regulations as adopted by the Fair Political Practices Commission. ARTICLE III - OFFICERS Section 1. Officers. The officers of the Parking Authority shall include a Chair, a Vice Chair, a Secretary, a Treasurer, and a Chief Administrative Officer. Section 2. Chair. The Chair shall be the member of the Board of Directors who is the then-current Mayor of the City of Rancho Cucamonga. The Chair shall preside at all meetings of the Board of Directors. The Chair shall sign all resolutions, contracts, and other instruments made by the Parking Authority. Section 3. Vice-Chair. The Vice-Chair shall be the member of the Board of Directors who is the then-current Mayor Pro Tempore of the City of Rancho Cucamonga. The Vice-Chair shall perform the duties of the Chair in the absence or incapacity of the Chair. ATTACHMENT 3 -2- Section 4. Secretary. The Secretary shall be the then-current City Clerk of the City of Rancho Cucamonga. The Secretary shall keep the records of the Parking Authority, shall act as Secretary of the meetings of the Board of Directors and record all votes, and shall keep a record of the proceedings of the Board of Directors in the form of minutes to be kept for such purpose, and shall perform all duties incident to the office of Secretary. The Secretary shall keep in safe custody the seal of the Parking Authority and shall have the power to affix such seal as required to all contracts and instruments authorized to be executed by the Board of Directors. The Secretary may attest to the signatures of other officers of the Parking Authority. Section 5. Treasurer. The Treasurer shall be the then-current Finance Director of the City of Rancho Cucamonga. The Treasurer shall keep regular books of accounts showing receipts and expenditures and shall render to the Board of Directors, as requested, an account of the transactions of the Parking Authority and shall perform any other duties that are designated from time to time by the Parking Authority. The Treasurer, or in the absence of the Treasurer, a person appointed by the Treasurer or the Board of Directors, shall have the care and custody of all funds of the Parking Authority. The Treasurer may enter into agreements on behalf of the Parking Authority with any financial institution authorized to accept deposits of public funds, providing for the transfer of funds between accounts maintained therein by the Parking Authority upon request by telephone. Such agreements may also provide for the investment upon request by telephone of funds maintained in such accounts, in property or securities in which the Parking Authority, as a California public agency, may legally invest money subject to its control. Such agreements shall designate the accounts maintained by the Parking Authority which are subject thereto and the persons who may, from time to time, make such transfers and direct such investments by telephone request. All orders and checks for the payment of money under the direction of the Parking Authority shall be signed by the Treasurer with the countersignature of one other officer, deputy officer, or member of the Board of Directors of the Parking Authority. Section 6. Chief Administrative Officer. The Chief Administrative Officer shall be the then-current City Manager of the City of Rancho Cucamonga. The Chief Administrative Officer shall conduct day-to-day administration of the Parking Authority’s business and affairs, subject to the direction of the Board of Directors. Section 7. General Counsel. The City Attorney shall serve as General Counsel to the Parking Authority. Section 8. Authority to Execute Contracts. All contracts made by the Parking Authority shall be signed by the Chair, the Vice Chair, or the Chief Administrative Officer; provided, that other officers of the Parking Authority may also sign a contract, deed, or other instrument, in the name and on behalf of the Parking Authority, if authorized under other provisions of these Bylaws or by a resolution adopted by the Board of Directors. Section 9. Additional Duties. The officers of the Parking Authority shall perform such other duties and functions as may from time to time be required by the Parking Authority or these Bylaws or by resolution, rules, and regulations or by motion of the Board of Directors. -3- Section 10. Assistants and Deputies; Additional Personnel. Whenever an officer of the Parking Authority or the City is designated an officer of the Parking Authority, the assistants, and deputies of such officer from time to time shall also be, ex officio, officers of the Parking Authority; and whenever a power is granted to, or a duty imposed upon, such officer, the power may be exercised, or the duty performed, by such assistant or deputy. The Board of Directors may from time to time designate the employment of such other personnel as it deems necessary to exercise its powers, duties, and functions. The selection and compensation of such officers and other personnel shall be determined by the Board of Directors. ARTICLE IV - MEETINGS Section 1. Regular Meetings; Cancellation without Convening. Regular meetings of the Board of Directors of the Parking Authority shall be held on the same day (1st and 3rd Wednesday of the month) and at the same time (7:00 p.m.) and place (Council Chambers of Rancho Cucamonga City Hall) as the regular meetings of the City Council of the City of Rancho Cucamonga, commencing in August 2024, so long as an agenda for such meeting is posted at least 72 hours before such meeting (or such other length of period as required by the Brown Act). If the Board of Directors has no business to conduct on a date when a Regular Meeting would otherwise be held, no agenda for the Board of Directors meeting shall be posted and such Regular Meeting shall be automatically canceled. Section 2. Applicability of Ralph M. Brown Act. Meetings of the Parking Authority shall be held, notice given, and the business of the Parking Authority conducted, all as provided in the Ralph M. Brown Act, being California Government Code Section 54950, et seq. Section 3. Quorum. Three members of the Board of Directors shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. Action may be taken by the Board of Directors upon a vote of a majority of a quorum unless a higher vote is required by law. Section 4. Manner of Voting. The manner of voting on resolutions and on other matters shall be as prescribed by the Chair. Section 5. Parliamentary Procedure. Except as provided herein, other rules adopted by the Board, and applicable provisions of state law, the procedures of the Board will be governed by the latest revised edition of Robert’s Rules of Order. ARTICLE V -REPORTS Section 1. Preparation of Financial Reports. At least once annually, the Treasurer shall prepare or cause to be prepared: (a) a detailed report of all the Parking Authority’s transactions, including a statement of all revenue and expenditures, and (b) a statement of all its financial affairs, audited by independent certified public accountants. -4- Section 2. Submission of Reports to the Board of Directors and City Council. A copy of each report and statement prepared pursuant to Section 1 above, promptly upon completion, shall be submitted to (a) the Board of Directors and (b) the City Council. ARTICLE VI - AMENDMENTS Section 1. Amendments to Bylaws. The Bylaws of the Parking Authority may be amended by a majority vote of the Parking Authority Board of Directors. -1- Attachment 4 List of Parking Authority Areas of Jurisdiction 1) Cucamonga Station: permit parking for daily/monthly use now or in the future 2) Cucamonga Canyon parking zone: permit parking for daily use now or in the future 3) Hermosa and Foothill Paid Parking Zone 4) East Avenue Paid Parking Zone 5) Residential Permit Parking Districts: established in various parts of the city, including: a) Skyline Road, Inspiration Drive, Crest View Place, Crest View Court b) San Felipe Court c) Merlot Court d) Apple Lane, Beechwood Drive, Valinda Avenue, Date Avenue, Bonita Avenue e) Bella Vista Drive, Henry Street f) Almond Street, Via Serena g) North Rim Way, Golden Prairie Drive, Stagecoach Court, Cheyenne Court, Sagebrush Court h) De Anza Drive, Emery Place, Meyers Drive, Danner Court 6) Estacia Street, Elmhurst Avenue, Stafford Street, Dorset Court, Effen Street, Cambridge Avenue, Malvern Avenue (the 4 houses south of Dorset) East of Hermosa Avenue 7) Existing City-owned public parking lots at all facilities 8) Existing prohibited on-street parking areas 9) Existing and future parking facilities, if owned by the city, at the Epicenter and Victoria Gardens. 10)Future public parking at Haven/Civic and Milliken/Azusa 11)Future Annexed areas as determined at that time