ITEM 19 ON THE 3 PM SESSION OF THE SANTA CRUZ CITY COUNCIL: (Go to www.ci.santa-cruz.ca.us/ then to the current agenda then to item 19)

CITY COUNCIL AGENDA REPORT
DATE: December 14, 2005
AGENDA OF: January 10, 2006

DEPARTMENT:Public Works and Police Department
SUBJECT: City Parking Lots and Garages - Ordinance Regarding Use and Trespass

RECOMMENDATION: That the City Council introduce for first reading an ordinance adding Chapter 9.64 to the City Municipal Code defining the proper use and purpose of downtown parking lots and garages.

BACKGROUND: Over the last year, City parking services personnel (including parking lot maintenance workers, parking office representatives and parking attendants) and police personnel have had increasing problems with groups congregating in the downtown parking lots and garages. These groups leave trash in the facilities and have been associated with car vandalisms and thefts. They have been a continuing problem for the facilities maintenance personnel, especially in the early morning and evening when individuals are working alone to maintain the facilities. Staff has also had complaints from lot users about groups and individuals hanging out in facilities and making them feel unsafe. This ordinance will help address these concerns.

DISCUSSION: In discussing this problem with the police department, staff concluded that a clearer definition of the proper use of parking lots and a clear definition of trespass would make managing these facilities much easer for both parking services personnel and parking lots and garages. It sets a limit of 10 minutes for parking a vehicle, while allowing exceptions for special events and personnel engaged in maintenance or operation of the facility.

FISCAL IMPACT: This ordinance will have no financial impact on the City budget. It will make it easier to maintain our lots and garages and make them more attractive for the general public.

Report prepared by Matt Farrell, Parking Program Manager.



Submitted by: Mark R. Dittle
Director of Public Works Howard Skerry Chief of Police

Approved by: Richard C. Wilson City Manager

SENTINEL STORY:
(www.santacruzsentinel.com/archive/2006/January/07/local/stories/01local.htm)

January 7, 2006

Santa Cruz officials seek to expand trespassing laws to deal with parking garages woes
by Shanna mccord
Sentinel staff writer
SANTA CRUZ — Public urination, drug use, car burglaries, trash, graffiti and assaults in downtown parking garages have city leaders seeking to tighten trespassing laws, making it easier for police to arrest offenders.

"I've had my staff and my wife approached in the garage, and I've walked upon situations like that," said John Lisher, owner of Artisan's Gallery on Pacific Avenue. "Something needs to be done."

Problems inside city garages have increased during the past year, with complaints rolling in from people who work or shop downtown on a regular basis, said Matt Farrell, city parking manager.

Police say they are hamstrung, however, often unable to force those found hanging out in the garages to leave because of public property rights. The garages are a magnet for the area's homeless, especially during the rainy winter months.

"If they're just hanging out and we're not catching them shooting up or other stuff," police Sgt. Dan Flippo said, "then it's public property and they have a right to be there."

There are public restrooms in the Locust and Soquel garages, which are difficult to keep clean, city officials say. They are looking into installing self-cleaning restrooms in the garages as alternatives.

A proposed ordinance — drafted by the city Public Works and police departments with input from the Downtown Task Force, a group that includes business owners and city officials — sets a 10-minute limit for those parking a vehicle or bicycle in a public garage to leave the structure. Anyone hanging out in the garages without a bike or car will be asked to leave or police will be called.

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"We had constant problems over the holidays with people being in the facilities," Farrell said. "The primary purpose of the ordinance is to clarify that this is public space for a specific use. We need a clear policy about that."

Keeping parking garages safe and clean has been a constant struggle for police, Flippo said. Previously, two community service officers were assigned to patrol the city's four downtown garages — on Cedar Street, Soquel Avenue and Locust and River streets — but the positions were cut more than a year ago because of a lack of money. Now, officers include the garages in their regular rounds, Flippo said.

"We do need a tool to help us deal with them," he said. Surveillance cameras operate in the Soquel Avenue and Locust Street garages.

Flippo said he sees a lot of fast-food wrappers wind up in the garages, and recently a bunch of trash was dumped in a handicap parking spot. "No one could have parked there," he said.

Lisher said he's particularly disturbed by the public urination, often occurring after the downtown bars close at night and patrons seek quick relief.

"There seems to be a hell of a lot of smells," he said. "It's terrible in there."

Steve Manousos, who has worked downtown for four years, parks in the River Street garage every day. He's confronted by homeless panhandlers nearly every morning, but says he's never been bothered.

"It's no different than anywhere else in town," Manousos said. "They just sit around all day. They know I'm not going to give them any money."

The proposal will be reviewed by the Downtown Commission at its Jan. 26 meeting. The City Council is expected to consider the ordinance in February.

Contact Shanna McCord at smccord (at) santacruzsentinel.com

BECKY JOHNSON'S NOTES ON THE HUFF EMAIL LIST:

Public urination, drug use, burglary, littering,
graffiti , and assault are already illegal in Santa Cruz. This law seeks to prevent ALL people from being in a public parking garage for longer than ten minutes, but the purpose of the ordinance is clear: "magnet for the area's homeless" which will undoubtedly be those person's cited if this law is to pass. Rather than find homes, jobs, and substance abuse treatment for homeless people, who are driven onto the streets primarily by the high costs of housing, City officials are conspiring with the police to make a dry place out of the rain off limits to homeless people on threat of arrest.

(Johnson is currently banned from posting her comments on santacruz indymedia directly. More of her support for the rights of the homeless can be found at www.huffsantacruz.org)

THOMAS LEAVITT'S COMMENTS:

How this is going to prevent any of these problems, other than the "problem" of homeless people being visible and panhandling, is beyond
me... this is another "tool" for selective enforcement against homeless people, designed to sanitize by erasing. You can bet that the only
people this will be used against are the homeless people who sit at the perimeter of the parking garages and panhandle or solicit donations for artwork, used books, etc. or scruffy looking folk seeking shelter from
the rain.

It is amazing how the Sentinel can blithely and uncritically let them conflate separate issues - how is a loitering ordinance (and that is
what this is) going to have any effect on a public urination problem which originates with late night bar patrons?!? How is this ordinance
going to prevent graffiti? ... so far as I know, gang members and taggers don't hang around the scene of the crime.