Escondido seeking outside help with new parking law
By: DAVID GARRICK - Staff Writer | Saturday, October 20, 2007 10:39 PM PDT ∞

Cars line the roadway along Beech Street in Escondido on Friday. City officials say parking is scarce on many streets in the downtown core, and some say it's because many houses are occupied by multiple families with many cars.
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ESCONDIDO ---- After struggling this summer to create controversial overnight parking restrictions that would alleviate the city's overcrowding problem without punishing ordinary residents, city officials have decided they need help from the nation's largest parking consulting firm and two California cities that have similar restrictions.
The city, which some say is targeting illegal immigration with the ordinance, hired Walker Parking Consultants this month to canvas the city's neighborhoods between 2 and 5 a.m. over the next six weeks.
The company will be asked to help determine the size of the problem, how many neighborhoods might be affected by the new law and how to avoid punishing law-abiding families that happen to have a large number of vehicles.
City officials have also scheduled trips later this month to Pasadena and Menlo Park, two cities that have had similar overnight on-street parking laws for several decades.
The officials said that they hope to determine how large the fine should be for violating the proposed law, how much to charge residents for permits allowing them to park in front of their house and other details.
"The City Council has been very clear with their direction, but it's an extremely complicated ordinance to implement," said Jon Brindle, the city's director of community development. "We really need to look closely at the small details."
After several public forums last spring, the council decided in June to outlaw on-street parking between 2 and 5 a.m., but to allow each residence one year-round permit and 100 one-night guest permits.
It also voted to allow a second permit for residences with special circumstances, such as condominiums, apartments and houses with no garages or driveways.
City officials spent the summer trying to create an ordinance that featured such flexibility and consistency, but eventually decided to seek outside help, said Brindle. The extra research will almost certainly delay adoption of the ordinance until after the new year, he said.
Another hurdle in the process has been anticipating possible legal challenges, said Brindle. The city has been especially sensitive to that issue because lawsuits derailed the council's attempt in 2006 to prohibit landlords from renting to illegal immigrants.
California passed a law this month prohibiting landlords from asking immigration status when leasing.
Critics, including Mayor Lori Holt Pfeiler, have suggested that the parking ordinance is another attempt to target illegal immigrants by preventing large groups of them from living in one small residence, a practice that council members say is common in some parts of the city.
The rest of the council said last week that the new parking law is about improving the city's property values and aesthetics, not illegal immigration.
"Some houses have 15 or 16 people living in them, and it infringes on their neighbors when they park all their cars on the street," said Councilman Sam Abed. "This has nothing to do with illegal immigration. We are trying to address a quality-of-life standard."
Permits are key
Brindle and members of the council said last week that the No. 1 issue is the permitting process.
The goal is to use the extra permits to accommodate homes with no garage or driveway, families that have young drivers home from college in the summer and others atypical scenarios, according to the council and city officials.
"I want to make sure we don't punish good families that aren't part of the problem," said Abed. "The ordinance I want to see will have a lot of leeway. "
Councilman Dick Daniels said the law must be carefully crafted to deal fairly with each neighborhood, especially the older parts of town where overcrowding is most common.
"I want a plan that solves our critical overcrowding problems, but it also has to be sensitive to the fact that some of these homes have no driveways because they were built before the automobile was invented," said Daniels.
Marie Waldron also stressed the need for flexibility, but she said permits should not be so easy to obtain that overcrowding remains a big problem.
"We need to find a middle ground," said Waldron. "I don't want it to be so lenient that it fails to solve the problem."
Faced with such a fine line between success and failure, Brindle said, city officials decided to hire the consulting firm.
"They will be documenting demand and helping us analyze the potential effects of the ordinance," said Brindle. "Walker will tell us how many cars can be accommodated on streets, garages and driveways, and how that matches up with the demand."
Pasadena and Menlo Park
Officers from the Escondido Police Department spent a night in Pasadena last month, and they plan to return next week with employees from Escondido's code compliance and finance divisions. A trip to Menlo Park is planned for sometime in November.
The goal is to see the restrictions in action, said Brindle. Officials hope to get answers about which city department should issue permits and collect fines, how the laws have affected city neighborhoods and any unanticipated problems those cities have faced, he said.
Escondido Police Capt. Cory Moles said last month's trip to Pasadena was eye-opening.
"There were no cars parked in the posted areas and it seems to be working very well for them," said Moles. "But we had to remind ourselves that they have had a long time to fine-tune it."
Pasadena adopted its overnight parking law in 1950, while Menlo Park's law was enacted in 1963.
Moles said his previous trip and the upcoming visits to other cities will help prepare him for the array of questions Escondido council members will ask.
"We're compiling information so we can give them a thorough presentation," said Moles. "We saw some things we had never seen before, so it was definitely worthwhile."
Pasadena Mayor Bill Bogaard said by phone last week that the law is working pretty well, but he explained that it was adopted so long ago that many local residents don't know why it exists.
"It came from a mentality of wanting to keep strangers at bay," said Bogaard. "I guess it's done that, because the people who get most angry about it are visitors from out of town who get tickets because they don't know about the rules."
Bogaard said some residents don't see much benefit to the parking law other than allowing street sweepers easier access to curbs and gutters, but he said no one has the political courage to suggest repealing it.
He said he has never heard the law talked about as a tool against illegal immigration.
But Escondido Mayor Lori Holt Pfeiler, the only member of the council opposed to the parking restrictions, said her colleagues are planning to use the Escondido restrictions to fight illegal immigration, despite what they say.
"I think they're trying to address the same old problem with a different solution," said Pfeiler. "But it's not going to work, because people will find a way around the rules when housing is this expensive. This will be a nightmare to enforce and a huge hassle for everyone involved."
But the rest of the council expressed confidence that the new law will help the city in a big way.
"This is going to have a huge positive effect on property values, the way the city looks and safety issues," said Waldron. "We really need this."
Contact staff writer David Garrick at (760) 740-5468 or dgarrick@nctimes.com.