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Return to SFMTA Board Feb. 1, 2011, agenda

THIS PRINT COVERS CALENDAR ITEM NO. : 13

 

SAN FRANCISCO

MUNICIPAL TRANSPORTATION AGENCY

 

DIVISION:     Finance and Information Technology          

BRIEF DESCRIPTION:

Approve amendments to Transportation Code, Division II by adding Section 1009 to prohibit any non-SFMTA vehicle from parking on designated SFMTA property unless such vehicle displays valid proof of payment to park, and modifying Section 302 to establish a citation penalty amount for violation of Section 1009 and Section 308 to authorize the Director of Transportation to designate the SFMTA Customer Service Center locations which are subject to an In-Person Customer Service Center transaction fee.

 

SUMMARY:

·       Two proposed modifications to the Transportation Code, Division II

o      Modification I: 

o      As part of the FY2009-2010 budget amendment process, the SFMTA Board approved Resolution 10-051, requiring that employees pay for parking at SFMTA facilities.  The proposed modification to the Transportation Code adds language allowing enforcement by explicitly requiring that all non-SFMTA vehicles display proof of payment for parking privileges and establishes a citation penalty of $55 for violations.

o      Pursuant to Charter Section 16.112 and the Rules of Order of the Board of Directors, advertisements were placed in the City’s official newspaper to provide notice of the public hearing on January 18, 2011. The advertisements ran in the City’s official newspaper, beginning on December 29, 2010.

o      Modification II:

o      Section 308 of the Transportation Code, Division II allows the SFMTA to assess a $3 fee for all in-person transactions at the Customer Service Center at 11 So. Van Ness Avenue.

o      SFMTA will be adding additional customer service center locations in early 2011. 

o      The proposed modification clarifies that the in-person customer service fee can be applied at all SFMTA customer service locations as determined by the Director of Transportation.

ENCLOSURES:

1. SFMTAB Resolution

2. Appendix A: Transportation Code Div II modifications

 

APPROVALS:                                                                                   DATE

 

DIRECTOR OF DIVISION

PREPARING ITEM ______________________________________                                          ____________

FINANCE              ___________________________________________                   ____________

EXECUTIVE DIRECTOR/CEO ____________________________                                            ____________

SECRETARY        ___________________________________________                   ____________

ADOPTED RESOLUTION  

BE RETURNED TO:  Sonali Bose______          

ASSIGNED SFMTAB CALENDAR DATE: _____________


 

PURPOSE

 

Approve amendments to Transportation Code, Division II by adding Section 1009 to prohibit any non-SFMTA vehicle from parking on designated SFMTA property unless such vehicle displays valid proof of payment to park, and modifying Section 302 to establish a citation penalty amount for violation of Section 1009 and Section 308 to authorize the Director of Transportation to designate the SFMTA Customer Service Center locations which are subject to an In-Person Customer Service Center transaction fee.

.

GOAL

The SFMTA will further the following goals of the Strategic Plan by implementing this change:

§       Goal 1 – Customer Focus: To provide safe, accessible, clean, environmentally sustainable service and encourage the use of auto-alternative modes through the Transit First Policy.

§       Goal 2 – System Performance: To get customers where they want to go, when they want to be there.

§       Goal 3 – External Affairs/Community Relations: To improve the customer experience, community value, and enhance the image of the SFMTA, as well as ensure SFMTA is a leader in the industry.

§       Goal 4 – Financial Capacity: To ensure financial stability and effective resource utilization.

DESCRIPTION

 

[begin addition] Modification I:  Employee Parking Restrictions on SFMTA Property: [end addition]

As part of the FY2009-2010 budget amendment process, the SFMTA Board approved Resolution 10-051, requiring that employees pay for parking at SFMTA facilities.  The SFMTA will install parking meters at these facilities to collect payment.  The proposed modification to the Transportation Code will prohibit any non-SFMTA vehicle from parking on designated SFMTA property unless such vehicle displays valid proof of payment to park and establishes a citation penalty of $55 for violations.

[begin addition] Modification II:  In-person Customer Service Center Transaction Fee [end addition]

Transportation Code, Division II, Section 308 authorizes the SFMTA to assess a $3 fee for all in-person transactions at the Customer Service Center at 11 South Van Ness Avenue.  The SFMTA will be opening three additional customer service kiosks at Hyde & Beach, Powell & Market and Geary and Presidio in early 2011.  The proposed modification to the Transportation Code would permit the Executive Director/CEO to assess the $3 fee at any facility that serves as a Customer Service Center, including the planned kiosks.

 

ALTERNATIVES CONSIDERED

Issuing citations or towing vehicles if necessary is a standard means of parking enforcement that is effective without being overly punitive.   No alternatives were considered for assessing the customer service in-person assessment fee because this action only extends the existing fee to new facilities.


FUNDING IMPACT

 

Paid parking for SFMTA employees is included in the fiscal year 2011-2012 budget. The revised budget estimates, as expressed in an August 2010 update to the Board, anticipates $0.5 million in revenue for the FY 2011 budget and $1.3 million in the FY 2012 budget.

The primary consideration in assessing the customer service transaction fee is to recover the costs associated with processing transactions and to encourage customers to seek alternative methods to procure transportation and fare media.  Expansion of this action to other customer service facilities would ensure similar cost recovery at the added facilities. 

[begin addition] PUBLIC NOTICE [end addition]

[begin addition]   [end addition]

Charter Section 16.112 requires published notice and a hearing before the SFMTA on actions that may institute or change any fare, fee, schedule of rates or charge that affects the public.  The Board's Rules of Order require that the advertisement run for at least five days and not less than 15 days prior to the public hearing.  In compliance with this requirement, an advertisement ran in the City’s official newspaper for a five-day period beginning on December 29, 2010.

OTHER APPROVALS RECEIVED OR STILL REQUIRED

In February, 2010, City Planning determined that the elimination of free parking privileges for SFMTA employees and instituting fees in-person transactions at the SFMTA Customer Service Center were statutorily exempt from environmental review pursuant to California Public Resources Code Section 21080.32 and CEQA implementing guidelines, Title 14 of the California Code of Regulations Section 15285, and California Public Resources Code Section 21080(b)(8) and CEQA implementing guidelines, Title 14 of the California Code of Regulations Section 15273.

The City Attorney’s Office has reviewed this calendar item.

RECOMMENDATION

 

Staff requests that the SFMTA Board approve the proposed amendments to the Transportation Code, Division II by adding Section 1009 to prohibit any non-SFMTA vehicle from parking on designated SFMTA property unless such vehicle displays valid proof of payment to park, and modifying Section 302 to establish a citation penalty amount for violation of Section 1009 and Section 308 to authorize the Director of Transportation to designate the SFMTA Customer Service Center locations which are subject to an In-Person Customer Service Center transaction fee.


SAN FRANCISCO

MUNICIPAL TRANSPORTATION AGENCY

BOARD OF DIRECTORS

 

RESOLUTION No. ______________

 

            WHEREAS,  Two modifications to the Transportation Code, Division II are required to properly assess and enforce certain policies approved by the SFMTA Board of Directors as described below; and,

            WHEREAS, The first modification implements the action approved by the SFMTA Board on February 26, 2010, as part of the FY2009-2010 amended budget, to eliminate free parking for SFMTA employees at SFMTA facilities and to establish a citation penalty amount for violations; and,

            WHEREAS, The SFMTA will soon require that employees pay for parking at all SFMTA facilities by installing parking meters; and,

            WHEREAS, Two methods of enforcing employee parking restrictions are to issue citations to those who park without paying at SFMTA facilities or tow offending vehicles if necessary; and,

            WHEREAS, Pursuant to Section 10 of the SFMTA Rules of Order and Charter Section 16.112, a public hearing for January 18, 2011, was duly noticed in the City’s official newspaper for a five-day period beginning on December 29, 2010; and

            WHEREAS, In February, 2010, City Planning determined that the elimination of free parking privileges for SFMTA employees was statutorily exempt from environmental review pursuant to California Public Resources Code section 21080.32 and CEQA implementing guidelines, Title 14 of the California Code of Regulations Section 15285, and California Public Resources Code section 21080(b)(8) and CEQA implementing guidelines, Title 14 of the California Code of Regulations Section 15273; and,

            WHEREAS,  The second modification to the Transportation Code will enable the SFMTA to assess an in-person transaction fee at any SFMTA customer service facility designated by the Director of Transportation; and,

            WHEREAS, In February, 2010, City Planning determined that instituting fees for in-person transactions at the SFMTA Customer Service Center was statutorily exempt from environmental review pursuant to California Public Resources Code Section 21080.32 and CEQA implementing guidelines, Title 14 of the California Code of Regulations Section 15285, and California Public Resources Code Section 21080(b)(8) and CEQA implementing guidelines, Title 14 of the California Code of Regulations Section 15273; now, therefore, be it ,

            RESOLVED, That the San Francisco Municipal Transportation Agency Board of Directors approves amendments to Transportation Code, Division II by adding Section 1009 to prohibit any non-SFMTA vehicle from parking on designated SFMTA property unless such vehicle displays valid proof of payment to park, and modifying Section 302 to establish a citation penalty amount for violation of Section 1009 and Section 308 to authorize the Director of Transportation to designate the SFMTA Customer Service Center locations which are subject to an In-Person Customer Service Center transaction fee.

I certify that the foregoing resolution was adopted by the San Francisco Municipal Transportation Agency Board of Directors at its meeting of ___________________________.                      

    

                                                            ______________________________________

                                                            Secretary to the Board of Directors

                                                            San Francisco Municipal Transportation Agency


[Amendments to Division II of the San Francisco Transportation Code.]


Resolution amending San Francisco Transportation Code, Division II, by amending Sections 302 and 308 to establish a penalty for violation of Section 1009 and authorize the Director of Transportation to designate the SFMTA customer service center locations which are subject to an In-Person Customer Service Center transaction fee; and adding Section 1009 to prohibit any non-SFMTA owned vehicle from parking on designated SFMTA property unless such vehicle displays valid proof of payment to park.

                    NOTE:          Additions are [begin addition] single-underline Times New Roman [end addition] ;

                                        deletions are [begin deletion] strike-through Times New Roman [end deletion] .

The Municipal Transportation Agency Board of Directors of the City and County of San Francisco enacts the following regulations:

Section 1.  Article 300 of Division II of the Transportation Code is hereby amended by amending Sections 302 and 308, to read as follows:

SEC. 302.  TRANSPORTATION CODE PENALTY SCHEDULE.

Violation of any of the following subsections of the San Francisco Transportation Code shall be punishable by the fines set forth below.

TABLE INSET:

 

TRANSPORTATION CODE SECTION

FORMER CODE SECTION

DESCRIPTION

FINE
AMOUNT  

PEDESTRIANS AND SIDEWALKS   

Div I 7.2.10

Traffic Code Sections 77, 78

Pedestrian Crossings

$50.00

Div I 7.2.11

Traffic Code Section 104

Electric Assistive Personal Mobility Devices

$50.00

Div I 7.2.12

Traffic Code Section 96

Bicycle Riding Restricted

$50.00

Div I 7.2.13

Traffic Code Section 100

NUV Violation

$50.00

ON-STREET PARKING

Div I 7.2.20

Traffic Code Section 315(a)

Residential Parking

$65.00

Div I 7.2.20

Traffic Code Section 412(a)

Carpool Parking

$38.00

Div I 7.2.22

Traffic Code Section 37(c)

Street Cleaning

$55.00

Div I 7.2.23(a)

Traffic Code Section 202.1

Parking Meter- Downtown Core

$65.00

Div I 7.2.23(b)

Traffic Code Section 202

Parking Meter- Outside Downtown Core

$55.00

Div I 7.2.25

Traffic Code Section 38A

Red Zone

$90.00

Div I 7.2.26

Traffic Code Sections 38B, 38B.1

Yellow Zone

$75.00

Div I 7.2.27

Traffic Code Section 38C

White Zone

$90.00

Div I 7.2.28

Traffic Code Section 38D

Green Zone

$65.00

Div I 7.2.29

Traffic Code Section 37(a)

Parking for Three Days

$90.00

Div I 7.2.30(a)

Traffic Code Section 32(c)(1)

Overtime Parking--Downtown Core

$65.00

Div I 7.2.30(b)

Traffic Code Section 32(c)(2)

Overtime Parking Outside Downtown Core

$55.00

Div I 7.2.32

Traffic Code Sections 32.13, 55

Angled Parking

$50.00

Div I 7.2.33

Traffic Code Section 32.21

Blocking Residential Door

$38.00

Div I 7.2.34

Traffic Code Section 56

Median Dividers and Islands

$65.00

Div I 7.2.35

Traffic Code Section 58(a)

Parking on Grades

$50.00

Div I 7.2.36

Traffic Code Section 61

100 Feet Oversize

$65.00

Div I 7.2.37

Traffic Code Sections 27, 219

Motorcycle Parking

$90.00

Div I 7.2.38

Traffic Code Sections 33.5, 39(b), 66

Parking in Stand

$90.00

Div I 7.2.39

Traffic Code Section 53(a)

Parking Transit-Only

$105.00

Div I 7.2.40

Traffic Code Section 32(a)(1)

Tow-Away Zone -Downtown Core

$85.00

Div I 7.2.41

Traffic Code Section 32(a)(2)

Tow-Away Zone-Outside Downtown Core

$75.00

Div I 7.2.42

Traffic Code Section 32(b)

Parking Restrictions

$75.00

Div I 7.2.43

Traffic Code Section 32, 32.1, 32.1.1, 32.1.2, 32.1.3, 32.1.11, 32.1.4, 32.1.7, 32.1.9, 32.1.10, 32.2, 32.2.1, 32.2.2, 32.2.3, 32.3, 32.3.1, 32.4.2(b), 32.5, 32.6, 32.6.2, 32.6.3, 32.6.5, 32.6.6, 32.6.7, 32.6.8, 32.6.11, 32.6.13, 32.6.16, 32.6.18, 32.6.19, 32.6.20, 32.6.21, 32.6.22, 32.6.23, 32.6.24, 32.6.25, 32.6.26, 32.6.27, 32.6.28, 32.6.29, 32.6.30, 32.6.31, 32.6.32, 32.6.34, 32.6.35

Parking-Public Property

$55.00

Div I 7.2.44

Traffic Code Sections 32.4, 32.4.1

Parking-Candlestick Park

$55.00

Div I 7.2.45

Traffic Code Section 33(c)

Temporary Parking Restriction

$55.00

Div I 7.2.46

Traffic Code Section 33.1

Temporary Construction Zone

$55.00

Div I 7.2.47

Traffic Code Section 21

Remove Chalk

$105.00

Div I 7.2.48

Traffic Code Section 65

Repairing Vehicle 

$70.00

Div I 7.2.49

Traffic Code Sections 315(c), 412(c), 712(c)

Permit on Wrong Car

$105.00

Div I 7.2.50

Traffic Code Sections 315(d), 412(d), 712(d)

Invalid Permit

$105.00

Div I 7.2.51

Traffic Code Sections 32.4.2(b), 32.14, 58(c)

Parking Marked Space

$50.00

Div I 7.2.52

Traffic Code Section 38N

Prk in Bicycle Lanes

$105.00

OFF-STREET PARKING   

Div I 7.2.60

Traffic Code Sections 32.10, 32.11

Parking Facility Charges

$50.00

Div I 7.2.61

Traffic Code Section 32.15

Entrance/Exit Parking Facility

$100.00

Div I 7.2.62

Traffic Code Section 32.14

Blocking Space Parking Facility

$50.00

Div I 7.2.63

Traffic Code Section 32.16

Speeding within Parking Facility

$100.00

Div I 7.2.64

Traffic Code Section 32.21A

Block Charging Bay

$105.00

Div II 1009

 

SFMTA Property

$55.00

TRAFFIC REGULATIONS

Div I 7.2.70

Traffic Code Section 70

Obstruction of Traffic-Vehicle

$50.00

Div I 7.2.71

Traffic Code Section 194.3

Obstruction of Traffic Without Permit

$500.00





 

Div I 7.3.3

Traffic Code Section 194.3

Obstruction of Traffic Without Permit

$1,000, or 6 months in jail, or both  (4th or more offenses within one year)

Div I 7.2.72

Traffic Code Sections 31, 31.2

Driving in Transit-Only Area

$60.00

Div I 7.2.73

Traffic Code Section 103

Driving Through Parades

$100.00

Div I 7.2.74

Traffic Code Section 121

Streetcar Right-of-Way

$100.00

Div I 7.2.75

Traffic Code Section 122

Passing Safety Zones

$100.00

Div I 7.2.76

Traffic Code Section 25

Removal of Vehicles-Collision

$100.00

Div I 7.2.77

Traffic Code Sections 28.1--28.1.109

Weight Restricted Streets

$100.00

COMMERCIAL VEHICLES

Div I 7.2.80

Traffic Code Section 63.2

Vehicles for Hire Parking

$105.00

Div I 7.2.81

Traffic Code Section 63.3

Advertising Sign

$105.00

Div I 7.2.82

Traffic Code Section 68

Selling from Vehicle

$100.00
(1st offense)
$200.00
(2nd offense w/in 1 year)
$500.00
(3rd offense w/in 1 year)   

Div I 7.2.83

Traffic Code Sections 33.3, 33.3.2

Truck Loading Zone

$75.00

Div I 7.2.84

Traffic Code Sections 63, 63(A), 63.1

 

Commercial Vehicle Parking Restrictions

$105.00

Div I 7.2.86

Traffic Code Section 60.5

Idling Engine While Parked

$100.00

Div. I 7.2.88

Police Code Section 710.2

For Sale Sign

$50.00

TRANSIT VIOLATIONS

Div I 7.2.101

Traffic Code Section 127

Fare Evasion

$75.00

(1st offense)

$250.00 (2nd offense w/in 1 year)

$500.00 (3rd offense w/in 1 year)

Div I 7.2.102

Traffic Code Section 128

Passenger Misconduct

$75.00

(1st offense)

$250.00 (2nd offense w/in 1 year)

$500.00 (3rd offense w/in 1 year)

Div I 7.2.103

Traffic Code Section 128.5

Conversing with Operator

$50.00

 

Sec. 308.  IN-PERSON CUSTOMER SERVICE CENTER TRANSACTION FEE.

A fee to reimburse the SFMTA for costs incurred for administrative processing of in-person transactions at [begin deletion] the [end deletion] [begin addition] any [end addition] SFMTA [begin deletion] C [end deletion] [begin addition] c [end addition] ustomer [begin deletion] S [end deletion] [begin addition] s [end addition] ervice [begin deletion] C [end deletion] [begin addition] c [end addition] enter [begin addition] designated by the Director of Transportation for those transactions that may be completed through alternatives means [end addition] . The administrative fee shall be in addition to any costs, fees or fines association with the subject transaction. The amount for this fee shall be $3.00.

Section 2.  Article 1000 of Division II of the Transportation Code is hereby amended by adding Section 1009, to read as follows:

[begin addition] Sec. 1009.  PARKING RESTRICTIONS ON SFMTA PROPERTY. [end addition]

[begin addition] (a)  It shall be a violation for any person to Park any non-SFMTA owned vehicle, whether attended or unattended, in any of the locations listed below without displaying valid proof of payment for Parking at such location.  Any vehicle Parked in violation of Section 1009 may be subject to issuance of a citation or removal by the SFMTA. [end addition]

[begin addition] (b)  (1) Within the property lines of the SFMTA building commonly known as the Cable Car Barn or 1201 Mason Street (Lot 005, Block 0190) and bounded by Jackson Street, Mason Street, Washington Street, and the property line 200 feet west of Mason Street. [end addition]

[begin addition] (2)  Within the property lines of the SFMTA building commonly known as Woods Operations and Maintenance Yard or 1095 Indiana Street (Lot 002, Block 4169; Lot 010, Block 4170; Lot 021, Block 4171) and bounded by Iowa Street, 22nd Street, Indiana Street, and 23rd Street; as well as the parcel bounded by Indiana Street, 22nd Street, Minnesota Street, Tennessee Street, and Tubbs Street. [end addition]

[begin addition] (3)  Within the property lines of the SFMTA building commonly known as Presidio Operations and Maintenance Yard or 949 Presidio Avenue and 2640 Geary Boulevard (Lot 001, Block 1072) and bounded by Masonic Avenue, Euclid Avenue, Presidio Avenue, and Geary Boulevard. [end addition]

[begin addition] (4)  Within the property lines of the SFMTA building commonly known as Flynn Operations and Maintenance Yard or 1940 Harrison Street (Lot 001, Block 3551) and bounded by Folsom Street, 15th Street, Harrison Street, and 16th Street. [end addition]

[begin addition] (5)  Within the property lines of the SFMTA building commonly known as Potrero Operations and Maintenance Yard or 2500 Mariposa Street (Lot 001, Block 3971) and bounded by 17th Street, Hampshire Street, Mariposa Street, and Bryant Street. [end addition]

[begin addition] (6)  Within the property lines of the SFMTA building commonly known as Kirkland Operations and Maintenance Yard or 151 Beach Street and 2301 Stockton Street (Lot 001, Block 0018; Lot 000, Block 2301) and bounded by Beach Street, Stockton Street, North Point Street, and Powell Street. [end addition]

[begin addition] (7)  Within the property lines of the SFMTA building commonly known as Metro East Operations and Maintenance Yard or 601 25th Street (Lot 001, Block 4297; Lot 001, Block 4299; Lot 001, Block 4313; Lot 004, 4310) and bounded by Cesar Chavez Street, Illinois Street, 25th Street, approximately 745 feet east of Illinois, approximately 738 feet south of 25th Street, and Michigan Street. [end addition]

[begin addition] (8)  Within the property lines of the SFMTA property commonly known as Scott Garage and Scott Non-Revenue Maintenance Shop or 1849 Harrison Street (Lot 002, Block 3925) and bounded by Harrison Street, Alameda Street, Division Street, and from approximately 27 feet south to 208 feet south of Alameda Street. [end addition]

[begin addition] (9)  Within the property lines of the SFMTA property commonly known as Green Operations and Maintenance Yard and Green Annex or 425 Geneva Avenue (Lot 015, Block 6949) and bounded by Ocean Avenue, San Jose Avenue, Geneva Avenue, and the east side of Balboa Park BART Station. [end addition]

[begin addition] (10)  Within the property lines of the SFMTA property commonly known as Geneva Operations and Maintenance Yard or 2301 San Jose Avenue (Lot 036, Block 6972) and bounded by San Jose Avenue, Geneva Avenue, approximately 52 feet west of Delano Avenue, and approximately 69 feet north of Niagara Avenue. [end addition]

[begin addition] (11)  Within the property lines of the SFMTA property commonly known as the Geneva Upper Yard  (Lot 039, Block 6973), located near Green Operations and Maintenance Yard and Geneva Operations and Maintenance Yard, and bounded by Geneva Avenue, San Jose Avenue, Niagara Avenue, and the BART right-of-way east of the southern entrance of Balboa Park BART Station. [end addition]

[begin addition] (c)  The restrictions listed in subsection (b) shall not apply to any person engaged in the loading and unloading of freight upon or from vehicles Parked for not longer than the posted time limit or thirty minutes if no time limit is posted. [end addition]


APPROVED AS TO FORM:

DENNIS J. HERRERA, City Attorney

By:                                                      

          JOHN I. KENNEDY

          Deputy City Attorney

I certify that the foregoing resolution was adopted by the San Francisco Municipal Transportation Agency Board of Directors at its meeting of January 18, 2011.

                                                           

Secretary to the Board of Directors

San Francisco Municipal Transportation Agency


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