SUPPORTS ITEM NO. 6 CS&B AGENDA FEBRUARY 20, 1997 ADMINISTRATIVE REPORT Date: February 24, 1997 File No. 2102-9 TO: Standing Committee on City Services and Budgets FROM: General Manager of Engineering Services SUBJECT: City Owned Off-Street Parking Facilities RECOMMENDATION THAT the General Manager of Engineering Services and the Director of Legal Services finalize the new operating agreement with the Parking Corporation of Vancouver (VPC) as per the Council action of July 11, 1995, and on terms outlined in the report on Operation of City-Owned Off-Street Parking Facilities, dated June 7, 1995. A summary of the terms for the operating agreement is provided in Appendix A. COUNCIL POLICY There is no specific policy related to this matter. However, past practice has been for City Council to make decision on pricing and operation of off-street parking facilities or delegate decisions specifically to City staff. PURPOSE The purpose of this report is to provide background information for Council on the specific points of a proposed motion. BACKGROUND The motion under discussion on February 4, 1997 is as follows: "THAT Council confirm that the Parking Corporation of Vancouver shall operate, maintain and fix rates for all "City-owned" off-street parking facilities." Historically, the City involvement in off-street parking goes back 50 years in terms of commercial operations. In addition, policies on parking in parks and at community centres has been the responsibility of the Park Board. The major operator of the commercial City off-street facilities is the Parking Corporation of Vancouver (VPC). Most of these parking facilities are owned by the City (with the exception of the joint-venture facilities), and all profits are returned to the City. The VPC also operates a few private parking facilities (i.e. Pacific Centre North and BCIT), and it is our understanding that they are operated on a cost recovery basis. In July 1995, City Council debated the issues related to the VPC and confirmed the terms of the master operating agreement. On July 11, 1995, Council resolved: THAT Council authorize the General Manager of Engineering Services and the Director of Legal Services to enter into an updated operating agreement for the City's off-street parking facilities consolidating, where possible, those facilities now operated by the Parking Corporation of Vancouver. THAT Vancouver Parking Corporation (VPC) budgets continues to be co-ordinated with Engineering Services and Corporate Services for eventual approval. THAT Engineering Services continue to advise, assist and monitor VPC operations, enforcement and administration. THAT Corporate Services continue to advise, assist and monitor VPC accounting, financial reporting, risk management and annual audit. In the late 1940's, the Downtown business community became concerned with the development of major suburban shopping malls such as Park Royal which were to include unlimited free parking. In order to maintain a viable business environment in the Downtown, the businesses formed the Downtown Business Association (DBA). In 1947, Council established the Downtown Parking Committee which was followed by a local improvement by-law to finance the purchase of land and construction of parking lots. In 1948, the Downtown Parking Corporation (DPC) was incorporated to effect this by-law. In 1949 under the new by-law, Council borrowed one million dollars which was used to finance the purchase of 8 properties for parking. These sites were developed and operated for parking by the DPC, and Council established the Vancouver Parking Commission to manage, control and improve parking areas. In 1966 Council decided that a Parking Authority was not appropriate. In 1974, the DPC entered into a lease agreement to run the downtown parking sites. Today, the City is still very active with the businesses and merchants in the Downtown, and liaises with the Downtown Vancouver Business Improvement Association (DVBIA). The Downtown Parking Corporation is still the City's major parking operator (under new name of Parking Corporation of Vancouver (VPC)). The VPC operates the majority of the City's off-street parking facilities, some under contract, some under letter agreement and others without written agreements, but on terms similar to existing agreements. A new master operating agreement is currently being completed between the City and the VPC to consolidate these parking facilities into one document. DISCUSSION Currently, the City off-street parking involvement is: 1. Commercial Lots 8,800 spaces 2. Community Collective Parking 630 spaces 3. Parks 4,400 spaces 4. Queen Elizabeth Theatre 250 spaces 5. Small Holding Properties 250 spaces TOTAL 14,330 SPACES The general terms of the new agreement with the VPC as approved by Council in 1995 are attached as Appendix A. The past practice of Council has been to have VPC manage lots purchased with Parking Sites Reserve funds. We will be recommending to Council shortly that the Woodwards Parkade (recently purchased) and the West End Community Centre parkade be operated by VPC. Because of contractual agreements with some of our joint venture partners, some lot operations must still go to tender, and the VPC may not be selected (i.e. Bentall and Library Square). The community collective parking lots are free of charge and were developed as local improvements for specific business areas. Maintenance costs for these lots are charged to the property owners. Any consideration of charging for parking in these lots would need to be reviewed with the impacted business community. Parking in Parks and at Community Centres is the responsibility of the Park Board who set operating policy, rates, and award operating contracts. Presently, the majority are operated by U-Park. The Queen Elizabeth Theatre was originally developed with Parking Sites Reserve funds but after the loan was repaid, the operation was turned over to the Theatre Board to manage, and benefit from the revenues to support their programs. The balance of approximately 250 spaces on short term PEF holding sites are operated on month-to-month leases with other parking operators, which at present is mostly Impark. Over the last five years, staff have purchased or developed 7 additional parking sites representing over 4,000 additional parking stalls, of which 550 are operated by the City on behalf of our joint venture partners. As a result, staff are now managing 28 parking sites, which generates annual net revenues of approximately $4,200,000. These funds go to the Parking Sites Reserve to finance other developments and capital improvements as approved by City Council. In addition to this net revenue figure, approximately $1,600,000 is paid by the parking operations in property tax for the parking sites, which contributes to the overall tax base. In summary, City Council is and has been involved in the specific decisions on parking development and operating contract awards, except for small holding sites, which are on month to month contracts. Parking Rates The City's present parking policy provides Engineering Services with the authority to establish rates for both transient and contract parking for all VPC parking facilities, with the approval of City Council. As the City controls a significant portion of the parking resource in the downtown core and can exert some influence on the parking rate structure, rate setting becomes an important tool to achieve traffic and transportation objectives. In conjunction with setting rates for on-street parking, the City has some ability to discourage commuter vehicle trips, while providing affordable short-term parking in support of retail and businesses. This helps to ensure an economically viable and active downtown. The VPC assists in gathering information and makes suggestions to staff, who include this information in a report to Council as necessary. Generally rates are set by comparing rates with other private operations in an area or in accordance with Council policy. This policy is: Parking rates set by the City (on-street and off-street) should generally reflect the market demand, except where variation from market rates is appropriate to achieve any of the following: - influence the duration of parking usage (e.g., encouraging short-term and discouraging long-term commuter parking). - support specific land use patterns (e.g., maintain shopping streets). - minimize traffic circulation by maintaining competitive on-street parking rates. Staff last reported to Council on the issue of rate changes in 1995. In that report, City Council approved the following: - THAT Council approve the parking rates as outlined in Appendix 1, effective as soon as possible after April 1, 1995. - THAT Council authorize the General Manager of Engineering Services to continue to make interim parking rate changes. Staff conducted a semi-annual rate review in late 1995, in consultation with the VPC, and made some minor adjustments, as authorized by Council. In 1996, another rate review was conducted by staff and the VPC, resulting in further minor changes. Staff will be reporting to Council in 1997 on the results of the 1997 rate review. Staff conduct rate reviews to ensure that the public is provided with affordable parking, and to ensure that the parking facilities and the Downtown retail remain economically viable. City Council have been involved in setting rates, with small modifications delegated to the General Manager of Engineering Services. Fines The operators of parking lots are usually responsible for enforcement of regulations, and this includes the VPC. Currently, the City policy for parking fines in VPC lots is to charge the daily maximum rate of the lot, which on average is approximately $2.50. VPC issues 11,800 tickets annually, with approximately 7,400 payments received back, representing a return rate of 63% and revenues of $17,800. Private operators currently impose fines of $40.00 and often tow. VPC has suggested that revenues could be increased in this area. There is a potential to increase revenues, by increasing fines or increasing enforcement. However, there are many issues to consider, which warrant further study by staff. These include: - Currently, the majority of the VPC lots (65% or 5000 stalls) are attendant operated, where customers pay for the time used, and fines are not applicable. Additional fine revenues can only be generated from the remaining unattended Pay-and-Display lots (35% or 2700 stalls). The majority of these unattended lots are outside the downtown area, serving local residential and commercial needs which includes the south False Creek lots. Aggressive ticketing or high fines need to be discussed with area residents. - There are 2 aspects to increased enforcement - increased fines and increased towing. With increased fines, the legal authority to impose penalties in commercial lots is currently a civil matter, where the contractual agreement between the operator and the customer governs. With towing, City By-laws regulate the process upon which the towing of vehicles are allowed. The City may not want to institute an increased towing policy, except for safety reasons or gross repeat offenders. This is the same policy for on-street towing. The legal ability to collect these fines and the towing policy needs to be reviewed. - Past City policy has been to charge a lesser fine for off-street parking than for on-street parking to encourage more off-street parking for longer term patrons. If off-street parking fines rise to meet on-street fines, the effect would be to drive longer term parkers onto the street, where short-term, high turnover spaces are desired. - Higher fines will result in a lower compliance with the payment of the fines. Voluntary remittance of private sector fines is at about 45%. If the fines are raised to $10.00, the 11,800 tickets issued would result in revenues of $53,000. Staff recommend that further study be performed, in conjunction with the VPC, and that staff report back to Council on City policy for fines and enforcement in the off-street City lots. CONCLUSION This report provides City Council with some background and policies for the operation of the City owned off-street parking facilities, and the relationship between the City and the VPC. It is recommended that staff be directed to conclude the negotiations to enter into the new master operating agreement with the VPC, with the terms previously approved by Council. * * * * * APPENDIX 'A' TERMS FOR NEW OPERATING AGREEMENT WITH VPC Adopted by City Council July 11, 1995 THAT Council authorize the General Manager of Engineering Services and the Director of Legal Services to enter into an updated operating agreement for the City s off-street parking facilities consolidating, where possible, those facilities now operated by the Parking Corporation of Vancouver. Highlights of the revised agreement are: - existing agreements are consolidated into one document which will standardize and clarify operating conditions; - the term of the revised agreement is 20 years expiring in 2015 with automatic renewal if not cancelled; - the agreement contains provisions for cancellation of both the entire agreement and individual lots; - all net profits from all sources are paid by VPC to the City; - budgeting and reporting are consolidated under the General Manager of Engineering Services in consultation with the General Manager of Corporate Services. This will clarify roles and ensure parking operator accountability as requested by our current operator; - establishment of contract parking provisions and hours of operation are the responsibility of the General Manager of Engineering Services; - establishment of parking rates are the responsibility of the General Manager of Engineering Services and are reported to Council as necessary; - the parking operator is responsible for all maintenance and financial accounting; - the parking operator is responsible for budget requested capital improvements up to $10,000; - the City is responsible for payment of property taxes or payment in lieu of taxes; and - flexibility is provided in the agreement for the addition or deletion of sites;