HomeMy WebLinkAbout9/19/2001 - STAFF REPORTS (17) DATE: September 19, 2001
TO: City Council
FROM: Safety, Special Programs & Enforcement Manager via
Director of Procurement & Contracting
MODIFICATION TO MANAGED PARKING ORDINANCE
RECOMMENDATION:
It is recommended that City Council approve a modification to the Managed Parking
Ordinance as it pertains to special event valet parking.
SUMMARY:
Ordinance 1563, as adopted by City Council, has been in effect since October 7,
1998 without modification. During that time, it has been determined that issues
pertaining to special event valet parking need to be addressed. These changes will
allow a more streamlined and equitable process for the issuance of permits. The
City Attorney's office has reviewed the proposed changes and their suggestions are
incorporated in the ordinance.
BACKGROUND:
The Managed Parking Ordinance, in part, establishes guidelines for the issuance
of a permit to provide valet parking services on the public right-of-way. The
ordinance currently requires that a fee of $150 per year be paid for each location
where on-street valet parking services are to be conducted without regard to
whether the operation is ongoing or of a special event nature. The ordinance also
requires that an application for non-recurring special event operations be submitted
at least thirty calendar days prior to the event.
Staff has determined the current fee for a one-time, non-recurring special event
permit to be excessive and proposes that the fee structure for this type of operation
be modified. It is recommended that the annual fee for special event operations be
reduced to $75, that a processing fee of $25 be assessed for each individual
operation to be conducted by the permitted person, company or organization and
that the privilege fee of $0.50 per car parked be waived.
Due to the nature of special events, it is common that the valet operator does not
receive sufficient notice of the event to comply with the application time line.
Therefore, it is further recommended that the requirement to submit an application
for special event parking be reduced from thirty calendar days to ten calendar days
with the exception that the City Manager, at his sole discretion, may waive the time
requirement.
In order to expedite the processing procedure, a new application/permit has been
devised which shows approval of the operational plan by the business for which the
service is being performed, the operator, the police department, traffic engineering
and the parking program. Instructions for completing the form and valet parking
regulations will be attached to the application/permit.
Other proposed modifications to the existing ordinance include the addition of
several terms to §5.38.010 Definitions and the addition of §5.38.270 Employee
/41f
Page 2
parking permits and §5.38.280 Reserved parking permits. These additions merely
codify procedures and policies that were previously established at the direction of
Council. A legislative draft showing the proposed modifications is also attached.
Requirements of the ordinance, as they apply to valet standards, insurance,
indemnification, issuance, denial, revocation, suspension and appeal procedures
are not p opos e modified at this time.
of ��ll
Lawrence D. edekind Harold Good, CPPO
Safety, Spec. Prog. & Enf. Managg�er�,�-� Director of Procurement & Contracting
APPR VO ED -A
City Manager
07/11/01 17: 35 FAX 949 863 3350 BURHE.INILLIAMS&SORENSEN R 001
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FACSIMILE MESSAGE
TO: Lawrence Wedekind DATE: 7/11/01
Safely, Special Programs &Enforcement Manager
City of Palm Springs
FROM: Dawn C. Honeywell, Esq, ACCOUNT#: 04195-0022
SUBJECT: Proposed Amendment to Managed Parking Ordinance
FAX#: (760) 323- 8207
TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE): 3
NOTE: [Faxed concrurently to Dave Aleshire, Esq.] A daft copy of a letter in regards to the above
referenced matter for your review.
TIME SENT: DATE: 7/11/01
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QhmmyrreflCrz,bna/nxmmn OUR FILE NO:
04195-0023
CONFIDENTIAL
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WORK PRODUCT PRIVILEGES. DO NOT
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WITH PUBLICLY ACCESSIBLE RECORDS. C
T.
July 10, 2001 � � �
Lawrence Wedekind
Safety, Special Programs &Enforcement Manager
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palen Springs, CA 92263
Re: Proposed Amendment to Managed Parking Ordinance
Dear Mr. Wedekind:
Pursuant to our discussion by phone, we are recommending that the following three
sections be revised to make the concepts more clear and legally enforceable:
5.38.010(a)(19) "Special Event Valet Parking Permit" means the written
authorization by the City allowing an Operator to provide valet parking on the public right-of-
way on a temporary nonrecurring basis for special events. Prior to actually operating a special
event valet service, the Operator must also obtain a Temporary Valet Parking Permit for each
specific special event.
5.38.010(a)(22) "Temporary Valet Parking Permit"means the written authorization
by the City allowing an Operator to provide valet parking on the public right-of-way on a
temporary nonrecurring basis at a specific location for a specific special event. An Operator
must hold a Special Event Valet Parking Permit prior to the issuance of a Temporary Valet
Parking Permit.
5.38.260(5) A Temporary Valet Parking Permit application must be submitted
for each individual special event and should be filed at least 10 calendar days prior to the time
that the valet service is required except that the city manager, at his sole discretion, based on a
determination that all public safety issues may be adequately addressed, may waive the time
requirements of this section. Applications must be accompanied by the Temporary Valet Parking
Permit processing fee as established by the City's Comprehensive Pee Schedule.
07/11/01 17:37 FAX 949 863 3350 BURKE,W ILI,I MIS&SORENSPN oo3
Lawrence Wedekind
Safety, Special Program&Enforcement Manager
City of Palm Springs
July 11, 2001
Page 2
Should you have any questions or concerns on the above, please do not hesitate to contact
me.
Very holy yours,
Dawn C. Honeywell, Esq.
BURKE,WILLIAMS &SORENSEN,LLP
DCH/psf
cc: Dave Aleshire
City Attorney
Harold Good
Director of Procurement&Contracting
IRV 013052 vl
FA�M9° City of Palm Springs
OF
U Managed Parking Program
Palm Springs, California
TEL: 760.322.8376 1 PAX: 760.323.8207 1 TED: 760.864.9527
C"q(/FORN�Pk
Instructions
for the submittal of a
Temporary Valet Parking Application/Permit
Applications must be filled out completely and submitted ten (10) working days prior to the date of the
permit.
The top block on the application, starting with Business Name, shall be filled out with information regarding
the business, organization or individual to be served by the valet parking operation. The contact should
be a person with authority to commit the business in legal obligations(e.g.,owner, general manager, etc.).
If applicable, a copy of the current City of Palm Springs Business License must be attached to the
application.
The second block on the application, starting with Valet Operator Name, shall be filled out with information
regarding the operator who will be providing the valet service. The contact should be a person with
authority to commit the business in legal obligations (e.g., owner, general manager, etc.). A copy of the
valet operator's current City of Palm Springs Business License and Special Event Valet Parking Permit
must be attached to the application.
In the third block on the application, the signatures must be those of the contacts noted above. Police
Department, Traffic Engineering and Parking Program approval signatures will be obtained by City staff
after the application has been submitted.
Each application shall also include a written outline of the method of operating the vehicle-parking service,
the hours of operation,the number of employees, the location(s)from which vehicles will be picked up and
to which they will be delivered, and the location(s) where vehicles will be stored or placed, and the
location(s) of any proposed signs and any proposed attendant stands.
14444
,OF ?ALMSjO.p� City of Palm Springs
Managed Parking Program
tl }, Palm Springs, California
TEL: 760.322.8376 1 FAX: 760.323.8207 1 TDD: 760.864.9527
�'94FpRN�P
Temporary Valet Parking Application/Permit
Business Name: Application Date: _
Address:
City , State, Zip Code:
Contact Name and Title:
Telephone:
Valet Operator Name:
Address:
City, State, Zip Code:
Contact Name and Title:
Telephone:
Business Signature: Date:
Operator Signature: Date:
Police Approval: Date:
Traffic Engineering Approval: Date:
Parking Program Approval: Date:
Event Description:
Date and Hours of Operation:
Permit must be kept at the valet parking location and displayed upon demand of any City Official.
I ' /►1
OF ?AL' Sp City of Palm Springs
N Managed Parking Program
Palm Springs, California
TEL: 760.322.8376 1 FAX: 760.323.8207 1 TDD: 760.864.9527
OgUFORN��
Temporary Valet Parking Application/Permit
Parking Regulations
Vehicles are permitted to occupy the valet loading zone for no more than five (5)minutes. The operator shall
provide sufficient staff to ensure that vehicles are moved from the valet loading zone promptly and moved
to the storage location.
Vehicles shall be parked only in the assigned storage facility. Vehicles shall not be parked on any street,
alley or other public right-of-way unless specifically approved in the Temporary Valet Parking Application /
Permit.
Vehicles shall be moved to and from the storage facility only via the approved route as noted in the permit
application. Valet personnel transporting vehicles between the valet zone and the storage facility shall
comply with all applicable traffic laws,ordinances and regulations and shall obey all traffic controls. Shortcuts
and U-turns are prohibited.
Valet personnel traveling on foot between the valet zone and the storage facility shall comply with all
applicable traffic laws,ordinances and regulations and shall obey all traffic controls.Jaywalking and crossing
against traffic signals is prohibited.
The valet operator may utilize one pedestal sign,with size not to exceed 24 inches wide and 36 inches high
per valet zone. Pedestal signs may be placed only on the sidewalk or in the parkway. Signs, cones and other
items shall not be placed in the roadway.
Kiosks, umbrellas, desks, key lockers and similar items are not permitted on the sidewalk, parkway or other
parts of the public right-of-way. All such items shall be placed only on private property.
The valet operator shall maintain a copy of these regulations and the approved Temporary Valet Parking
Application/Permit at the valet location. It shall be shown to any customer or City official upon request.
Violations of these regulations, or any other statues, laws or ordinances may result in the termination of the
Temporary Valet Parking Application/Permit and/or the Special Event Valet Parking Permit.
We agree to comply with these regulations and all other applicable statutes, laws and ordinances as well
as the conditions of the Temporary Valet Parking Application/Permit,
Business Signature: Date:
Operator Signature: Date:
/1& ��
ORDINANCE NO. 1563
AN ORDINANCE OFTHE CITYOF PALM SPRINGS,CALIFORNIA,
REPEALING CHAPTERS 5.38 PARKING ATTENDANTS AND
12.36 PARKING METERSOF THE PALM SPRINGS MUNICIPAL
CODE, REPLACING SAID MUNICIPAL CODE CHAPTERS WITH
A NEW CHAPTER 5.38 MANAGED PARKING AND ADDING
DEFINITIONS AND CLARIFICATIONS TO CHAPTER 3.34
RELATED TO PARKING TAX.
WHEREAS the City of Palm Springs Municipal Code presently has sections related to "Parking
Attendants" and "Parking Meters" that are old and outdated; and
WHEREAS the City is developing a Managed Parking Program that incorporates municipal pay
parking, parking enforcement as well as valet parking; and
WHEREAS the City is desirous of implementing its Managed Parking Program as a fully
self-sufficient program capable of covering all costs of administration and enforcement, as well as
parking facility expansion.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN as
follows:
SECTION 1. Chapters 5.38 PARKING ATTENDANTS and 12.36 PARKING METERS of the
Palm Springs Municipal Code are hereby repealed.
SECTION 2. Chapter 5.38 MANAGED PARKING to the Palm Springs Municipal Code is hereby
added to read as follows:
Chapter 5.38
MANAGED PARKING
Sections:
5.38.010 Definitions.
5.38.020 Managed parking program.
5.38.030 Managed parking enforcement.
5.38.040 Establishment of vehicle parking facilities and regulations.
5.38.050 Installation of meters.
5.38.060 Painting of lines.
5.38.070 Parking within spaces.
5.38.080 Improper parking position.
5.38.090 Area meters.
5.38.100 Deposit of money in meter.
5.38,110 Slugs.
5.38.120 Tampering with meters.
5.38.130 Unlawful to park after metered expired, or beyond legal time.
5.38.140 Authority to remove unauthorized vehicles.
5.38.150 Valet parking permit required.
5.38.160 Operations on public rights-of-way or property.
1 �4�4Q
5.38.170 Authorized valet parking zones.
5.38.180 Unauthorized valet parking on private property.
5.38.190 Application for valet parking permit.
5.38.195 Valet parking permit standards.
5.38.200 Fees,
5.38.210 Permits.- issuance - denial.
5.38.220 Permits - issuance with conditions.
5.38.230 Revocation or modification of permits.
5.38.240 Appeals.
5.38.250 Temporary suspension.
5.38.260 Special event valet permits.
5.38.270 Employee parking permits.
5.38.280 Reserved parking permits.
5.38.010 Definitions.
(a) In this chapter;
(1) "Area Meters" means a centralized pay station for patrons of metered lots and
metered streets.
(x) "Attendant" means a person who performs any service regarding valet
parking on a full-time, part-time or contract basis, including an operator or manager of a
valet parking operation and a driver of patrons'vehicles.
(2)"Business Owner"means the owner of a business for which a valet parking service
is being provided.
(x) "Employee Parking Permit"means the permit issued by the City allowing an
employee of downtown merchant to park on designated portions of the public right-of-way
without regard for the posted time restriction.
(x) "Employee Parking Permit Fee"means the fee, as established by the City's
Comprehensive Fee Schedule, for an Employee Parking Permit.
(3) "Incentive Parking Programs" means a program similar to merchants providing
parking tokens for the future return trips to their patrons.
(4) "Managed Parking" means a comprehensive program of parking restrictions and
enforcement; establishment and management of pay parking facilities, including metered lots and
metered streets; contractual parking arrangements on private property and valet permitting; and
parking construction, rehabilitation and development,
(5) "Metered Lots" means the municipal pay parking lots, or privately owned pay
parking lots operated under contract by the City, in the downtown.
(6)"Metered Street"means a section of public right-of-way specifically designated by
resolution of the city council upon which an area parking meter is installed.
(7)"Operator"means any person,firm or corporation owning a valet parking company.
(8)"Park"or"Parking"means the stopping or standing of a vehicle,whether attended
or unattended excepting to avoid conflict with other traffic or in compliance with a peace officer or
official traffic control device and excepting temporarily standing same for the purpose of and while
actually engaged in loading or unloading passengers or merchandise.
(9) "Preferential Employee Parking" means designated parking areas for downtown
employees with a properly issued parking permit.
(10) "Property Owner" means the owner of land upon which a valet parking storage
operation may occur.
(11) "Public Right-of-Way" means any area dedicated to public use for public street,
pedestrian way or other public purposes, or which shall include but not be limited to roadways,
parkways, alleys, sidewalks, and pedestrian ways.
(x) "Reserved Parking Permit"means the permit issued by the Cityallowing the
owner/manager,or designated represen ta tive,of downtown merchant to park without time
restriction,in a parking space designated by the City as "reserved"in a City-owned parking
2
144 lu
facility.
(x) "Reserved Parking Permit Fee"means the fee, as established by the City's
Comprehensive Fee Schedule, for a Reserved Parking Permit.
(x) "Reserved Parking Space" means those spaces in a City-owned parking
facility designated by the City as reserved for the exclusive use of those vehicles displaying
an authorized Reserved Parking Permit. Such"reserved parking spaces"shall not exceed
five percent(5%) of the total parking capacity of said parking facility.
(x) "Reserved Valet Parking Space" means those spaces in a City-owned
parking facility designated by the City as reserved for the exclusive use of an authorized
and permitted valet parking service. Such "reserved valet parking spaces"shall not exceed
10 percent(10%) of the total parking capacity of said parking facility.
(x) "Special Event Valet Parking Permit"means the written authorization by the
City allowing an Operator to provide valet parking on the public right-of-way on a temporary
nonrecurring basis for special events. Prior to actually operating a special event valet
service, the Operator must also obtain a Temporary Valet Parking Permit for each specific
special event.
(x) "Special Event Valet Parking Permit Fee"means the fee, as established by
the City's Comprehensive Fee Schedule, for a Special Event Valet Parking Permit.
(12) "Special Validation" means a program similar to merchants reimbursing the
patron for the cost of parking.
(x) "Temporary Valet Parking Permit"means the written authorization by the
Cityallowing an Operatorto provide valetparking on the public right-of-way on a temporary
nonrecurring basis at a specific location for a specific event. An Operator must hold a
Special Event Valet Parking Permit prior to the issuance of a Temporary Valet Parking
Permit.
(x) "Temporary Valet Parking Permit Application"means the form that must be
completed for each individual special event valet parking operation.
(x) "Temporary Valet Parking Permit Processing Fee" means the fee, as
established by the City's Comprehensive Fee Schedule, for a Temporary Valet Parking
Permit.
(13) "Valet" means any person, firm or corporation engaging in the activity of taking
possession of, driving, moving, parking or leaving standing, any vehicle that is left at one location
to be driven to another location for parking for patrons or guests of a business where such valet
is employed by, or is under contract to, the business for which the vehicles are being parked.
(x) "Valet Parking Permit"means the written authorization by the City allowing
a person, or company, to provide valet parking on the public right-of-way.
(14)"Valet Parking Plan"means a written plan describing the location where the valet
parking operation will be performed,transportation and access routes,days and hours of operation,
number of valets and expected number of guests, the off-street parking location at which vehicles
will be parked and the number of parking spaces available and not required for off-street parking
requirements under the Zoning Ordinance.
(15) "Vehicle" means a device in, upon, or by which any person or property is or may
be propelled, moved, or drawn upon a highway, excepting a device used exclusively upon
stationary rails or tracks.
(16) "Vehicle Parking Facility" means a metered lot or metered street so designated
by city council resolution.
(b) Other words used in this Chapter, the meaning of which is or may be defined by the
Vehicle Code of the State, shall have the respective meanings thereby provided.
5.38.020 Managed Parking Program. Municipal parking within the city limits shall be
developed, operated and managed through city employees or may be wholly or partially privatized
through contracts. The expansion of the program to privately owned parking lots may be
accomplished by a contract between the City and the property owners and lessees. The scope of
3 4-4 i 1
the Managed Parking Program is more specifically defined by a resolution duly adopted by the city
council, which may be changed from time-to-time to meet then current conditions. The Managed
Parking Program shall be administered by the Director, Department of Transportation, hereafter
referred to as director.
5.38.030 Managed Parking Enforcement.,Parking Enforcement in the metered lots and on the
public streets may be carried out by the City of Palm Springs employees or by contract subject to
12.12.015 of the Palm Springs Municipal Code.
5.38.040 Establishment of Vehicle Parking Facilities and Regulations. The City Council by
resolution may designate vehicle parking areas and facilities including metered lots, streets and
other facilities pertaining thereto which will be metered. The resolution(s) may specify the
regulations pertaining to each Vehicle Parking Facility including parking rates or fees, allowable
maximum and/or minimum parking time limits, special validation programs, incentive parking
programs, preferential employee parking, valet parking and long-term rental parking. The
resolutions) may be amended from time-to-time to reflect then current conditions.
5.38.050 Installation of meters. The director of transportation is authorized and directed to
install area parking meters in all vehicle parking facilities provided for in Section 5.38.040.
5.38.060 Painting of lines. The director of transportation shall paint lines or markings upon the
streets or parking areas adjacent to area parking meters to designate the parking space for which
said meters are to be used.
5.38.070 Parking within spaces. Each vehicle placed adjacent to any parking space shall be
parked within the lines and markings so established pursuant to 5.38.060.
5.38.080 Improper parking positions. It is unlawful to park any vehicle so that is extends across
any such line or marking or to park same in such position that same is not entirely within the space
designated by such lines or markings.
5.38.090 Area meters. All vehicle parking facilities as defined in Section 5.38.010(16)shall be
metered with area meters and shall be so adjusted as to provide, and likewise to indicate on the
face of the parking meter, legal parking at the rate that shall be established from time to time by
a resolution of the city council.
5.38.100 Deposit of money in meter. When any vehicle is parked in any metered parking
space, the operator of the vehicle shall deposit sufficient United States coins, dollars, or
credit/debit/voucher card if so equipped, in the parking meter to provide for the time said vehicle
is so parked.
5.38.110 Slugs. It is unlawful to deposit or cause to be deposited in any parking meter within
this city any slug, device or metallic substitute for United States coins.
5.38.120 Tampering with meters. It is unlawful for any person to deface, injure, tamper with,
open or willfully break, destroy or impair the usefulness of any parking meter installed pursuant to
this chapter.
5.38.130 Unlawful to park after meter expired or beyond legal time.
(a) No operator of a vehicle shall permit said vehicle to remain parked in any metered
parking space during any time the meter, or said ticket produced by the meter, is indicating that
such meter is"expired"or that: such space is illegally in use,other than such time immediately after
the original occupancy as is necessary to operate the meter to show legal parking.
4 14Aa
(b) No person shall park a vehicle in a metered parking space for a total period of time
longer than the time limit which has been officially established for the said parking space. This
prohibition shall be applicable even though the operator of the vehicle or another person has
deposited additional coins in the parking meter so as to cause it not to indicate it is"expired"or that
the parking space is illegally in use at the time during which the vehicle is left parking in excess of
said time limit.
5.38.140 Authority to remove unauthorized vehicles. The Palm Springs police department is
authorized to remove from parking meter zones to the nearest garage or other place of safety, or
to a garage or other place of safety designated or maintained by the police department, any vehicle
which has been parked or left standing in violation of an official sign prohibiting or regulating the
stopping or parking of vehicles and giving notice that such vehicles may be removed.
5.38.150 Valet parking permit required. No person shall, as a valet or operator as those terms
are defined in Section 5.38.010, conduct any activity involving the movement of a vehicle by the
operation on or over any public right-of-way or publicly owned or operated property, unless there
has first been obtained from the city manager,or his designee,a permit therefor in accordance with
this chapter, which permit is in full force and effect.
5.38.160 Operations on public rights-of-way or property. No operator, as defined in Section
5.38.010, unless possessing a permit expressly allowing the same to be done, shall commit, do,
or cause to be done any of the following acts:
(1) Receive, take possession of(for purposes of parking or temporary storage until return
of same to the patron or guest) or move a patron's or guest's vehicle, upon any portion of a public
right-of-way or other public property;
(2) Park any patron's or guest's vehicle upon any portion of a public right-of-way or other
public property (including any publicly owned or operated off-street parking space).
5.38.170 Authorized valet parking zones. A valet parking operation may be conducted only at
a location and during hours approved by the city manager or designee and designated by official
valet parking signs designating the authorized location and hours of operation. Permits shall
designate the specific location for which a valet parking operation is approved. Valet parking
operations are permitted as a special privilege and not as a matter of right and are considered
temporary, nonpermanent and as a nonexclusive use of the specific location.
5.38.180 Unauthorized valet parking on private property. No valet or operator shall park or
cause to be parked any patron's or guest's vehicle upon private property without express
authorization by the owner or other person in charge of such private property.
5.38.190 Application forvalet parking permit.An application for a valet parking permit pursuant
to this chapter shall be filed with the city manager or his designee. There shall be submitted such
information as the city manager deems necessary in order to evaluate and act upon the permit
application, including a valet parking plan as defined in Section 5.38.010 (14) of this code. Each
application shall include at least the following basic information in writing: an outline of the method
of operating the vehicle-parking service, the hours of operation, the number of employees, the
location(s) from which vehicles will be picked up and to which they will be delivered, and the
location(s)where vehicles will be stored or placed, and the location(s) of any proposed signs and
any proposed attendant stands.
5.38.195 Valet parking permit standards. All permits issued pursuant to this chapter shall
conform to the following requirements and such regulations as may from time to time be issued by
the city manager or designee, and no permit may be issued which does not so conform.
(1)Avalet parking plan shall be submitted for each location.Adequate automobile storage
5 1ZPAIz
shall be provided to accommodate all valet parked vehicles, without using streets or other public
property for parking.
(2) Valets must post a sign during their business hours at each location where they take
possession of vehicles. The 'sign must identify the names, address and telephone number of the
operator and the hours of operation. The sign must be approved in advance by the director of
planning & building.
(3)The valet shall, upon the receipt of each motor vehicle, give a claim check to the owner,
The claim check shall explicitly state the terms and conditions under which the vehicle is being
accepted.
(4)A copy of the permit,business licenses and route diagram must be maintained at every
valet parking operation site.
(5) The city may charge street usage privilege fees for the use of city streets and
properties by valet parking operations, which fee shall be set from time to time by resolution of the
council.
(6) The city may charge sign fees for the cost of installation and maintenance of valet
parking-related signs, which fee shall be set from time to time by resolution of the council.
(7) A valet or operator with a permit may assess the owner or driver of a motor vehicle
which it accepts for valet parking a reasonable fee for its services provided that the business owner
served by the valet has agreed in writing that fees may be charged of such owners and drivers.
(8) An insurance certificate meeting the requirements of the city approved by the city
manager.
(9) A provision indemnifying and holding harmless the city from any loss, claims or
damages resulting from the acts or omissions of the permittee.
(10) Provisions concerning temporary suspension in accordance with Section 5,38.250.
(11)Permits for the use of the public right-of-way shall be a privilege,not a right,temporary
and nonpermanent in nature, and permittee shall have neither property interest in nor any
entitlement to the granting or continuation of any such permit.
5.38.200 Fees. Each applicant for a permit under this chapter, and each person filing any
appeal pursuant to provisions of this chapter, shall pay at the time of filing the application or appeal
a processing fee or fees in an amount or amounts as may have been established by resolution of
the city council. Further, upon approval of said permit, each operator shall pay a privilege fee for
the utilization of public right-of-way or public parking facilities in an amount or amounts as may
have been established by resolution of the city council.
5.38.21 Permits-Issuance-Denial. Permits as applied for shall be issued by the city manager
or his designee, provided it appears that all requirements of this chapter and of other applicable
ordinances and laws have been, and will appropriately be, met fully by the applicant, and that such
permit can be issued subject to appropriate conditions adequate to assure compliance herewith.
A permit shall only be issued if the city manager finds, subject to the conditions of the permit, that:
(1) There will be no undue interference with traffic flow;
(2) There is an adequate staging area for the valet operation;
(3) The valet parking plan is adequate and there is sufficient area for the valet parking
operation;
(4) There will be no interference with the use of adjoining property, and
(5) There is not an over concentration of valet parking operations.
5.38.220 Permits-Issuance with conditions.The issuance of any permit pursuant to this chapter
shall, if appropriate, have conditions attached thereto adequate to make the findings set forth in
Section 5.38.210, and the city manager or his designee shall have discretionary authority to
prescribe any such or appropriate conditions, including:
(1)A condition that the operator conducting valet parking carry primary insurance against
liability for injuries to persons or property, naming the City as an additional named insured, and
6
instructing his/her insurance agent or carrier to furnish to the City of Palm Springs a Certificate of
Insurance, or an appropriate, insurance binder, evidencing and attesting to the issuance of
insurance policies affording coverage on a per occurrence basis as required and listed below.
a) Garage Hazard II insurance in the amount of$1,000,000 Combined Single Limit
per incident, and
b) Garage Keepers Legal Liability in the amount of$150,000 Combined Single Limit
per incident.
(2)A condition that the operator conducting all other services, with the exception of valet
parking, carry primary insurance under the same conditions as set forth in paragraph (1) above,
as required and listed below.
a)General Liability Insurance in the amount of$1,000,000 Combined Single Limit per
incident.
5.38.225 Indemnification. The operator agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them and each of them harmless from, any and all
actions,suits,claims,damages to persons or property, losses,costs, penalties,obligations,errors,
omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any person,
firm or entity arising out of or in connection with the negligent performance of the operations or
activities under the direction or control of the permittee, its agents, employees, subcontractors, or
invitees, provided for herein. The permit shall include such an indemnity clause including but not
limited to, legal costs and attorneys' fees.
5.38.230 Revocation or modification of permits. (a) Any permit granted pursuant to the
provisions of this chapter may, after the permittee has been afforded the opportunity of a due
process hearing as hereafter stated, be revoked or modified by the city manger for any of the
following grounds or reasons:
(1)Any acts done under the permit have interfered or tended to interfere with the normal
flow of vehicular or pedestrian traffic on any public right-of-way;
(2) The permittee or permittee's employees have failed to comply with provisions of the
city's sign ordinance, or with conditions attached to the permit relating to sign control;
(3) The permittee has failed to maintain a current business license as required in Title 3
of this code;
(4)There was given any false or fictitious information in connection with the application for
and obtaining of the permit;
(5) There has been a violation of or a failure to comply with any condition attached to the
permit or any provision or regulation of this chapter or of any other applicable rules or regulations;
(6) The character or moral integrity of the permittee or permittee's employees is
determined inimical to the public safety or general welfare of the community;
(7) Any other reason exists or cause has arisen for which the permit might have been
lawfully denied in the first instance, or that for any reason the continued operations under the
permit will be inimical to the public safety or general welfare of the community.
(b) In the event director believes grounds exist to revoke or modify the permit,directorshall give
permittee 10 days written notice of a hearing to revoke or modify the permit, said notice setting
forth the reasons therefor. The hearing officer shall be the city manager or designee.
(c) City manager shall conduct a hearing on the revocation of the permit which need not be in
accordance with any technical rules of evidence. City manager shall determine whether permittee
has complied with the conditions of the permit,whether there has been a change in circumstances
underwhich the permitwas granted and whether any new or revised conditions are warranted.The
permit may be revoked unless the findings in Section 5.38.210 are still warranted. Any such
revocation or modification shall be effective upon notice or knowledge thereof being received by
the permittee, orally or in writing. Any such order of revocation or modification shall also be
effective as to any employee or agent of the permittee,which employee or agent has been notified
orally or in writing of the substance of the order.
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(d) Any such revocation or modification of any permit may be in addition to any penalties
otherwise provided for by law.,
5.38.240 Appeals. Any person aggrieved by any action of the city manager or his designee in
administering the provisions of this,chapter may appeal to the city council in the manner provided
by chapter 2.05 of this code.
5.38.250 Temporary Suspension. Not withstanding the provisions of Section 5.38.230
concerning revocation of permits, use, occupation and obstruction of the public right-of-way which
is permitted under this chapter may be temporarily suspended, without prior notice or hearing,
when, in the discretion of the city manager, the police chief, or the fire chief, any such use,
occupation or obstruction may interfere with immediate public safety efforts or programs, street
improvements, activities, special events, construction activities, cleaning efforts or other similar
activities, or with the health, welfare or safety of the public. In such event, the director shall give
such notice as is reasonable under the circumstances and the suspension shall last only so long
as necessary, in the judgment of the suspending official.
5.38.260 Special event valet parking permits and temporary valet parking permits.
(1) Special event valet parking permits may be issued to persons or companies that
provide valet parking services for nonrecurring special events or when where valet parking
services are required for 30 calendar days or less.
(2) Special event operator valet parking permits are not required for special event valet
services entirely on private property.
(3) Operators must have a current regular special event valet parking permit and a
temporary valet parking permit specific to each valet parking location to operate a special
event valet parking operation in the public right-of-way or on or over public property.
(4) Additionally, a Insurance and indemnification requirements for a special event
valet parking permit shall be as set forth in sections 5.38.220 and 538.225 respectively. A
separate certificate of insurance must be submitted to the city by the sponsor of the special event
for each valet parking location and each event.
W(5) TheA Temporary valet parking permit application must be submitted fora each
individual special event epemter's permit and should be filed at least 30 10 calendar days prior
to the time that the valet service is required except that the city manager,athis sole discretion,
based on a determination that all buplic safety issues may be adequately addressed, may
waive the time requirements of this section. Applications must be accompanied by the
temporary valet parking permit processing fee as set fmm time to time by resolution of the
eouneil established by the City's Comprehensive Fee Schedule.
(6) Temporary special event valetparking operations shall be exemptfrom the Valet
Parking Privilege Fee.
(7) Operators must conform to the temporary valet parking regulations attached to
the issued temporary valet parking permit.
5.38.270 Employee parking permits.Employees of downtown merchants shall be allowed
to parking in designated areas of Indian Canyon Drive and Belardo road without regard for
posted 2-hour time restrictions. All such areas shall be posted "Except by Permit."Such
spaces are not "reserved" for employees only. If the parking space is available, the
permitted vehicle shall be exempt from the posted time restriction. Employee parking
permits may be issued to those individuals who have submitted a completed "Employee
Parking Permit Application"authorized by the owner/operator of a downtown merchant, a
facsimile of the current vehicle registration for the vehicle to be permitted and payment of
the "Employee Parking Permit Fee."
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5.38.280 Reserved narking permits. Owner/operators, or the designated representative,
of downtown merchants shall be allowed to parking in those areas of City-owned parking
facilities without regard forposted time restrictions.All such areas shall be posted"Parking
by Permit Only."Reserved parking permits may be issued to those individuals who have
submitted a completed "Reserved Parking Permit Application" authorized by the
owner/operator of a downtown merchant;a facsimile of the current vehicle registration for
the vehicle to be permitted and payment of the "Reserved Parking Permit Fee."
SECTION 3. Chapter 3.34"Parking Tax"to the Palm Springs Municipal Code is hereby amended
by adding a Section 3.34.005 for definitions as follows:
Definitions as used in this chapter;
(a)"Parking Station" means a public parking lot or structure in which individuals may park
their vehicles in exchange for payment of an hourly, daily or monthly rental fee, except that parking
meter zones, as designated in Section 5.38.040 of this code, are not "parking stations."
(b) "Operator" means the individual, partnership or corporation that operates a parking
station with the city.
(c) "Occupant' means a person who parks his or her vehicle in a parking station.
SECTION 4. Section 3.34.020 of Chapter 3.34 is here amended to read as follows:
3.34.020 Person liable for tax. Every occupant occupying parking space in a parking station
in this city shall be liable for the tax imposed herein.
SECTION 5. Section 3.34.030 of Chapter 3.34 is hereby amended to read as follows:
3.34.030 Collection of tax by operators-Receipt to occupant-Rules for collection schedules.
Everyoperatorin this city who rents parking spaces in a parking station shall collect the parking
tax at the time the operator collects the rent from the occupant.Upon demand,the operatorshall
provide a receipt to the occupant which shows that the parking tax has been paid.If fhe operator
does not collect the tax,then the liability for the parking taxshifts to the operatorand the operator
becomes liable for the parking tax and anyresulting penalties described under this section.In all
cases of transactions upon credit ordeferred payment,the payment or tax to the operatormaybe
deferred in accordance therewith,and the operatorshall be liable therefor at the time and to the
extent thatsuch credits are paid or deferredpayments are made in accordance with the rate of tax
owing on the amount thereof.
SECTION& EFFECTIVEDATE. This Ordinance shall be in full force andeffect thirty(30) days
after passage.
SECTION 7. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the
passage of this Ordinance, and to cause the same or a summary thereof, or a
display advertisement, duly prepared according to law, to be published in
accordance with law.
ADOPTED this 7th day of October, 1998.
AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
9 16,4167
By:
City Clerk Mayor
REVIEWED &APPROVED AS TO FORM:
I HEREBY CERTIFY that-the foregoing Ordinance 1563 was:duly adopted
by the City Council of the City of Palm Springs, California, in a meeting held
on the 7th day of October, 1998, and that a summary of same was
published in the DESERT SUN, a newspaper of general circulation on
September 21, 1998 and October 11, 1998.
JUDITH SUMICH
City Clerk
10 16A I
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALIFORNIA,
AMENDING SECTIONS 5.38.010, 5.38.260 AND ADDING
SECTIONS 5.38.270 AND 5.38.280 OF THE PALM SPRINGS
MUNICIPAL CODE, REGULATING SPECIAL EVENT VALET
PARKING SERVICES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN as
follows:
SECTION 1. Chapter 5.38.010 of the Palm Springs Municipal Code is hereby amended to add
definitions regarding valet parking services, to read as follows:
5.38.010 Definitions.
(a) In this chapter;
(1) "Area Meters" means a centralized pay station for patrons of metered lots
and metered streets.
(2) "Attendant" means a person who performs any service regarding valet
parking on a full-time, part-time or contract basis, including an operator or
manager of a valet parking operation and a driver of patrons' vehicles.
(3) "Business Owner" means the owner of a business for which a valet
parking service is being provided.
(4) "Employee Parking Permit" means the permit issued by the City allowing
an employee of a downtown merchant to park on designated portions of
the public right-of-way without regard for the posted time restriction.
(5) "Employee Parking Permit Fee" means the fee, as established by the
City's Comprehensive Fee Schedule, for an Employee Parking Permit.
(6) "Incentive Parking Programs" means a program similar to merchants
providing parking tokens for the future return trips to their patrons.
(7) "Managed Parking" means a comprehensive program of parking
restrictions and enforcement; establishment and management of pay
parking facilities, including metered lots and metered streets; contractual
parking arrangements on private property and valet permitting; and
parking construction, rehabilitation and development,
(8) "Metered Lots" means the municipal pay parking lots, or privately owned
pay parking lots operated under contract by the City, in the downtown.
(9) "Metered Street" means a section of public right-of-way specifically
designated by resolution of the city council upon which an area parking
meter is installed.
(10) "Operator" means any person, firm or corporation owning a valet parking
company.
(11) "Park" or"Parking" means the stopping or standing of a vehicle, whether
attended or unattended excepting to avoid conflict with other traffic or in
compliance with a peace officer or official traffic control device and
excepting temporarily standing same for the purpose of and while actually
engaged in loading or unloading passengers or merchandise.
(12) "Preferential Employee Parking" means designated parking areas for
downtown employees with a properly issued parking permit.
(13) "Property Owner" means the owner of land upon which a valet parking
storage operation may occur.
1 446
(14) "Public Right-of-Way" means any area dedicated to public use for public
street, pedestrian way or other public purposes, or which shall include but
not be limited to roadways, parkways, alleys, sidewalks, and pedestrian
ways.
(15) "Reserved Parking Permit" means the permit issued by the City allowing
the owner/manager, or designated representative, of a downtown
merchant to park without time restriction, in a parking space designated
by the City as "reserved" in a City-owned parking facility.
(16) "Reserved Parking Permit Fee" means the fee, as established by the
City's Comprehensive Fee Schedule, for a Reserved Parking Permit.
(17) "Reserved Parking Space" means those spaces in a City-owned parking
facility designated by the City as reserved for the exclusive use of those
vehicles displaying an authorized Reserved Parking Permit. Such
"reserved parking spaces" shall not exceed five percent (5%) of the total
parking capacity of said parking facility.
(18) "Reserved Valet Parking Space" means those spaces in a City-awned
parking facility designated by the City as reserved for the exclusive use of
an authorized and permitted valet parking service. Such "reserved valet
parking spaces" shall not exceed 10 percent (10%) of the total parking
capacity of said parking facility.
(19) "Special Event Valet Parking Permit" means the written authorization by
the City allowing an Operator to provide valet parking on the public right-
of-way on a temporary nonrecurring basis for special events. Prior to
actually operating a special event valet service, the Operator must also
obtain a Temporary Valet Parking Permit for each specific special event.
(20) "Special Event Valet Parking Permit Fee" means the fee, as established
by the City's Comprehensive Fee Schedule, for a Special Event Valet
Parking Permit.
(21) "Special Validation" means a program similar to merchants reimbursing
the patron for the cost of parking.
(22) "Temporary Valet Parking Permit" means the written authorization by the
City allowing an Operator to provide valet parking on the public right-of-
way on a temporary nonrecurring basis at a specific location for a specific
event. An Operator must hold a Special Event Valet Parking Permit prior
to the issuance of a Temporary Valet Parking Permit.
(23) "Temporary Valet Parking Permit Application" means the form that must
be completed for each individual special event valet parking operation.
(24) "Temporary Valet Parking Permit Processing Fee" means the fee, as
established by the City's Comprehensive Fee Schedule,for a Temporary
Valet Parking Permit.
(25) "Valet" means any person, firm or corporation engaging in the activity of
taking possession of, driving, moving, parking or leaving standing, any
vehicle that is left at one location to be driven to another location for
parking for patrons or guests of a business where such valet is employed
by, or is under contract to, the business for which the vehicles are being
parked.
(26) "Valet Parking Permit"means the written authorization by the City allowing
a person, or company, to provide valet parking on the public right-of-way.
(27) "Valet Parking Plan" means a written plan describing the location where
the valet parking operation will be performed, transportation and access
routes, days and hours of operation, number of valets and expected
number of guests, the off-street parking location at which vehicles will be
parked and the number of parking spaces available and not required for
2 /6ph 2
off-street parking requirements under the Zoning Ordinance.
(28) "Vehicle" means a device in, upon, or by which any person or property is
or may be propelled, moved, or drawn upon a highway,excepting a device
used exclusively upon stationary rails or tracks.
(29) "Vehicle Parking Facility" means a metered lot or metered street so
designated by city council resolution.
(b) Other words used in this Chapter, the meaning of which is or may be defined by
the Vehicle Code of the State, shall have the respective meanings thereby
provided.
SECTION 2. Chapter 5.38.260 to the Palm Springs Municipal Code is hereby amended to read
as follows:
5.38.260 Special event valet parking permits and temporary valet parking permits.
(1) Special event valet parking permits may be issued to persons or companies that
provide valet parking services for nonrecurring special events where valet
parking services are required for 30 calendar days or less.
(2) Special event valet parking permits are not required for special event valet
services entirely on private property.
(3) Operators must have a current special event valet parking permit and a
temporary valet parking permit specific to each valet parking location to operate
a special event valet parking operation in the public right-of-way or on or over
public property.
(4) Insurance and indemnification requirements for a special event valet parking
permit shall be as set forth in sections 5.38.220 and 538.225 respectively. A
separate certificate of insurance must be submitted to the city by the sponsor
of the special event for each valet parking location and each event.
(5) A Temporary valet parking permit application must be submitted for each
individual special event and should be filed at least 10 calendar days prior to the
time that the valet service is required except that the city manager, at his sole
discretion, based on a determination that all public safety issues may be
adequately addressed, may waive the time requirements of this section.
Applications must be accompanied by the temporary valet parking permit
processing fee as established by the City's Comprehensive Fee Schedule.
(6) Temporary special event valet parking operations shall be exempt from the
Valet Parking Privilege Fee.
(7) Operators must conform to the temporary valet parking regulations attached to
the issued temporary valet parking permit.
SECTION 3. Chapter 5.38.270 to the Palm Springs Municipal Code is hereby added to read as
follows:
5.38.270 Employee parking permits. Employees of downtown merchants shall be
allowed to parking in designated areas of Indian Canyon Drive and Belardo road
without regard for posted 2-hour time restrictions. All such areas shall be posted
"Except by Permit." Such spaces are not "reserved" for employees only. If the
parking space is available, the permitted vehicle shall be exempt from the posted
time restriction. Employee parking permits may be issued to those individuals who
have submitted a completed "Employee Parking Permit Application" authorized by
the owner/operator of a downtown merchant, a facsimile of the current vehicle
registration for the vehicle to be permitted and payment of the "Employee Parking
Permit Fee."
3 / 443
SECTION 4. Chapter 5.38.280 to the Palm Springs Municipal Code is hereby added to read as
follows:
5.38.280 Reserved parking permits. Owner/operators, or the designated
representative, of downtown merchants shall be allowed to parking in those areas
of City-owned parking facilities without regard for posted time restrictions. All such
areas shall be posted "Parking by Permit Only." Reserved parking permits may be
issued to those individuals who have submitted a completed "Reserved Parking
Permit Application" authorized by the owner/operator of a downtown merchant, a
facsimile of the current vehicle registration for the vehicle to be permitted and
payment of the "Reserved Parking Permit Fee."
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days
after passage.
SECTION 6. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the
passage of this Ordinance, and to cause the same or a summary thereof, or a
display advertisement, duly prepared according to law, to be published in
accordance with law.
ADOPTED this _th day of , 2001.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk Mayor
REVIEWED &APPROVED AS TO FORM:
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