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HomeMy WebLinkAboutRESO 10149104_20240125_ts24 Resolution No. 10149 Resolution of the Council of the City of Palo Alto Authorizing Private Enforcement of Unauthorized Parking at Several Stanford Parking Facilities The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Findings and Declarations. a.The off‐street parking facilities described in Exhibit A to this Resolution (collectively, the “Stanford Public Parking Facilities”) are generally held open for public vehicular parking and are privately‐owned and ‐maintained by Stanford University, through its Office of Parking and Transportation Services. b.California Vehicle Code section 21107.8 authorizes the private enforcement of unauthorized parking in such privately owned parking facilities. c.Stanford University has requested the ability to enforce parking regulations in the Stanford Public Parking Facilities. SECTION 2. Authorization for Private Enforcement. a.Stanford University is hereby authorized to regulate unauthorized parking in the Stanford Public Parking Facilities and shall be responsible for issuing and processing parking violations, subject to the provisions Vehicle Code section 21107.8. Specifically, and without limitation: 1.Stanford University shall provide all notices and instructions required under Vehicle Code section 21107.8. 2.It shall be unlawful to offer incentives based on the number of invoices issued or the number or percent of disputed invoices adjudicated that uphold parking charges. 3.Penalties for parking violations in the Stanford Public Parking Facilities shall not exceed the penalties applicable to similar violations in City‐regulated parking areas, as provided in the most recently adopted Palo Alto Administrative and Civil Penalty Schedule, including, without limitation, the penalties applicable to overtime parking in a City lot and unpermitted parking in a City permit area. 4.Parking fee invoices shall include a conspicuous statement to the effect that “This parking invoice fee notice is not issued by the City of Palo Alto.” It shall be unlawful for Stanford University or its agents to represent itself as a government enforcement agency or to use terminology that is restricted to governmental law enforcement. b.Stanford University as the enforcement entity is the beneficiary of monies collected from parking invoice fees. DocuSign Envelope ID: 94832F7F-41C5-4F3B-B1CA-5B2CCBC1CB61 104_20240125_ts24 SECTION 3. Dispute Resolution. a.Stanford University shall adopt and publish dispute resolution procedures for parking penalties consistent with Vehicle Code section 40215 and that shall include, at a minimum: 1.Specified time periods for notifications, review, and appeal. 2.The ability to request an administrative review. 3.The ability to request an administrative hearing, in person or by mail, before a third‐party examiner who has been adequately trained and who provides an independent, objective, fair, and impartial review. i.The examiner shall be empowered to allow payment of the parking invoice fee in installments for persons showing evidence of inability to pay the parking invoice fee in full. ii.The examiner’s decision shall be delivered by personal delivery or by first‐ class mail. b.In the event Stanford University fails to adopt a policy as required by subsection (a), the following procedures shall apply: 1.Within twenty‐one calendar days of the issuance of a notice of parking violation or within fourteen calendar days from the mailing of a notice of delinquent parking violation (whichever is later), a person may request (by telephone, in writing, or in person) an initial review by Stanford University. Upon this review, the notice of parking violation or notice of delinquent parking violation and all penalties and fees based thereon may be canceled by Stanford University if a determination is made that either the violation did not occur, that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, or that the registered owner was not responsible for the violation; however, under no circumstances shall a personal relationship with Stanford University or any of its agents be grounds for cancellation. i.There shall be no charge for this review. ii.The decision of Stanford University shall be mailed to the person requesting review. iii.If the review does not result in cancellation, the decision shall include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure for waiving prepayment of the parking penalty based upon an inability to pay. 2.If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than 21 calendar days following the mailing of the results of the initial review. i.The request may be made by telephone (or virtually), in writing, or in person. ii.The person requesting an administrative hearing shall deposit the amount of the parking penalty with the processing agency. If the person provides proof of financial inability to deposit the full amount of the parking violation (according to standards developed and included in the DocuSign Envelope ID: 94832F7F-41C5-4F3B-B1CA-5B2CCBC1CB61 104_20240125_ts24 Stanford University’s notice of decision upon initial review), the requirement for payment of the parking penalty as a prerequisite to contesting it shall be waived. iii.The person requesting a hearing shall have the choice of a hearing by mail or in person. An in‐person hearing shall be conducted within Stanford University’s main campus. iv.The hearing shall be held before a third‐party examiner who has been adequately trained and who provides an independent, objective, fair, and impartial review in accordance with Vehicle Code section 40215(c)(4). v.The examiner’s decision following the administrative hearing may be personally delivered to the person by the examiner or sent by first‐class mail, and, if the notice is not cancelled, include a written reason for that denial. vi.The examiner may allow deferred payment of the parking penalty, payment in installments, or the performance of community service in lieu of payment, if the person produces satisfactory evidence of inability to pay the penalty in full. // // // // // // DocuSign Envelope ID: 94832F7F-41C5-4F3B-B1CA-5B2CCBC1CB61 104_20240125_ts24 SECTION 4. Environmental Review. The Council finds that the adoption of this resolution is exempt from review under the California Environmental Quality Act because it can be seen with certainty that there is no possibility of a significant effect on the environment as a result of the transfer of enforcement parking authority from the City to Stanford University. INTRODUCED AND PASSED: February 12, 2024 AYES: BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA NOES: ABSENT: ABSTENTIONS: VEENKER ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Assistant City Attorney City Manager Chief of Police DocuSign Envelope ID: 94832F7F-41C5-4F3B-B1CA-5B2CCBC1CB61 PASTEUR DR QUARRY RD EXT SAND HILL RD SAND HILL RD 875 900 1180 Welch 625 Clark 700 Clark 1600 Sand Hill 700 Welch 725 Welch 750 Welch770 Welch 777 Welch900 Welch 1000 Welch 300 Pasteur200 Pasteur 730 Welch 1100 Welch 1190 Welch 213 Quarry 801 Welch Blake Wilbur 1059 Welch 1189 Welch 500 Pasteur 1199 Welch 900 Quarry Rd Ext EL CAMINO REAL CAMPUS DR WEST GOVERNORSAVE PLUM ROTH WY ARBORETUM RD STOCK FARM RD SEARSVILLE RD SAND HILL RD ORCHARD LN QUARRY RD LOSARBOLESAVE WELCH RD PANAMAST CLARK WY SANTA TERESA ST JANE STANFORD WAY NORTH-SOUTH AXIS VIAORTEGA LOMITA MALLVIA PUEBLO MALL SEQUOIAWY ROBLEWAY BAYLAURELDR OAK RD PALO RD FREMONT RD OAKCREEKDR Stanford Lands on Sand Hill, Pasteur, Welch and Quarry Roads ± 0 500 1,000Feet DOCUMENT PATH\\ M:\Groups\_Integration Solutions-GIS\Projects\_LUEP- Land Use Environmental Planning\Map_Requests\Enforcement_Map_L_Lowe_20230810\ExhA_ParkEnf_SHR_Welch_Pasteur_Quarry.mxd This map was produced by Stanford University's Maps & Records. COPYRIGHT Board of Trustees of Stanford University.Reproduction only with the permission of theOffice of Maps and Records.Date: 9/28/2023 Legend Stanford University Boundary Area proposed for Stanford coordinated parking enforcement Exhibit A. Address Description City State ZIP 875-900 Blake Wilbur Advanced Medicine Center & Clinic Palo Alto CA 94305 625 Clark Way Stanford West Child Care Center Palo Alto CA 94305 700 Clark Way Stanford West Apartments Palo Alto CA 94304 200 Pasteur Drive Parking Garage Palo Alto CA 94304 300 Pasteur Drive Lane Building Palo Alto CA 94305 500 Pasteur Drive Stanford Hospital Palo Alto CA 94305 213 Quarry Road Hoover Pavilion Palo Alto CA 94304 900 Quarry Road Ext.Stanford Hospital Palo Alto CA 94305 700 Welch Road Old Winery Palo Alto CA 94305 725 Welch Road LPCH Main & West Garages Palo Alto CA 94304 730 Welch Road Pediatric Ambulatory Care Center Palo Alto CA 94304 750 Welch Road Office Building Palo Alto CA 94304 770 Welch Road Clinical & Office Building Palo Alto CA 94304 777 Welch Road Office Building Palo Alto CA 94304 801 Welch Road Office Building Palo Alto CA 94304 900 Welch Road Office Building Palo Alto CA 94304 1000 Welch Road Office Building Palo Alto CA 94304 1059 Welch Road Parking lot Palo Alto CA 94304 1100 Welch Road Welch Road Apartments Palo Alto CA 94304 1180 Welch Road Parking Lot Palo Alto CA 94304 1189 Welch Road Stanford Hospital Parking Structure Palo Alto CA 94304 1190 Welch Road Parking Lot Palo Alto CA 94304 1199 Welch Road Parking Lot Palo Alto CA 94304 1600 Sand Hill Road Oak Creek Apartments Palo Alto CA 94305 DocuSign Envelope ID: 94832F7F-41C5-4F3B-B1CA-5B2CCBC1CB61 Certificate Of Completion Envelope Id: 94832F7F41C54F3BB1CA5B2CCBC1CB61 Status: Completed Subject: DocuSign: Resolution 10149 - Stanford Parking.pdf Source Envelope: Document Pages: 5 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Vinhloc Nguyen AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Vinhloc.Nguyen@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original 2/14/2024 4:38:27 PM Holder: Vinhloc Nguyen Vinhloc.Nguyen@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Tim Shimizu Tim.Shimizu@CityofPaloAlto.org Assistant City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 2/14/2024 4:39:47 PM Viewed: 2/14/2024 4:45:11 PM Signed: 2/14/2024 4:45:20 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Andrew Binder Andrew.Binder@CityofPaloAlto.org Chief Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 2/14/2024 4:45:21 PM Viewed: 2/15/2024 7:05:38 AM Signed: 2/15/2024 7:50:07 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 2/15/2024 7:50:08 AM Viewed: 2/15/2024 5:54:42 PM Signed: 2/15/2024 5:54:47 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Greer Stone greer.stone@cityofpaloalto.org Vice Mayor Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 208.185.159.236 Sent: 2/15/2024 5:54:48 PM Viewed: 2/16/2024 8:47:52 AM Signed: 2/16/2024 8:48:02 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Mahealani Ah Yun Mahealani.AhYun@CityofPaloAlto.org City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 2/16/2024 8:48:04 AM Viewed: 2/20/2024 5:08:53 PM Signed: 2/20/2024 5:09:09 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/14/2024 4:39:47 PM Certified Delivered Security Checked 2/20/2024 5:08:53 PM Signing Complete Security Checked 2/20/2024 5:09:09 PM Completed Security Checked 2/20/2024 5:09:09 PM Payment Events Status Timestamps