Neighbors Take on Alleged Bar Problems with Parking Ordinance

A neighborhood dispute with a local bar has taken a new turn, as a group of local residents has applied for permit parking to try to combat a slew of problems they say are caused by disruptive bar patrons.

Nine neighbors on Washington Avenue and Madison Street have signed a petition to ask the city to consider a night-time parking enforcement program they feel would cut down on their problems. 

A 10th neighbor, , wrote a letter to the city detailing the issues he says he and his neighbors regularly confront as a result of their proximity to .

Sampietro has a long history of documenting problems he associates with the Mallard's management and customers. 

In his Feb. 7 letter to the city, which was discussed Thursday night by the Traffic & Safety Commission, he cites the Permit Parking Ordinance in Albany's municipal code as a possible solution.

The residents of the 1000 block of Washington Avenue, he writes, "would like to request a permit parking zone be established ... to be in effect everyday between the hours of 6PM and 2AM, with a 30 minute parking time limit for non-residents..."

Sampietro writes that the effort could serve as a useful pilot program to help work out details of a possible city-wide permit parking program. 

A SLEW OF COMPLAINTS

Sampietro, in his letter, says neighbors near the Mallard "have been experiencing severe and ongoing public nuisance and other crimes resulting from the neighborhood parking being taken over at night...by non-resident Club Mallard bar patrons."

He continues: "This little residential area is transformed each night into a noisy, disruptive, and at times disturbing neighborhood where residents are concerned for their personal safety and face difficulty sleeping undisturbed." 

In what he describes as "a regular 'Park & Party Zone,'" it's common for neighbors to deal with "drugs, public drinking, lewd acts, public urination/vomiting, fights/bar brawls, vandalism/tagging, screaming/yelling/excessive noise, trespassing, theft, alcohol/drug and other litter, increased traffic/cruising (with loud music from cars), a constant repeated shriek of 'tripped' car alarms, and drunk driving (DUI) and property damage...."

As a result, "residents never get a reprieve from the constant customer churn and disruption."

PERMIT PARKING IN ALBANY

The city currently has no permit parking zones, but a section of the municipal code, adopted in 1958, details how to apply for such a program and what the city should evaluate in considering whether to create one. 

There are several criteria the city can use to determine whether such a program is appropriate. These include the following: a peak-hours parking occupancy rate of greater than 75 percent; a determination about how many parked vehicles belong to non-residents; an evaluation of the proposed permit parking zone; an analysis of possible alternatives; and an assessment of whether permits would result in adverse impacts on other parking needs.

An approved zone would need to enhance or protect quality of life in an area threatened by hazards caused by non-residents; provide convenient parking to residents in the zone; be desirable to encourage car pooling and mass transit; be the only alternative; and create no significant adverse effects on other parking needs. 

One immediate issue, as noted in the March 22 staff report, is that parking enforcement staff are not on duty during the hours of the proposed permit program. This would pose a challenge for enforcement because, as it stands, says the report, "Except in cases of immediate public safety (problems) ... sworn police officers focus on patrol and calls for service and generally do not enforce parking violations...."

FEEDBACK FROM COMMISSIONERS

Thursday night, listened to Sampietro's concerns. (Commissioner John Miki was absent, and the fifth space on the panel is .)

City staff had asked for guidance from the commission about how to proceed with the application. 

"I don't think this is really a parking issue at all," said Commissioner Bernard Knapp. "It's an issue of the people parking and their behavior when they're on their way to their car. I don't see a parking restriction as the best way to address this."

Commissioner Lubov Mazur encouraged staff to make sure neighbors and nearby business owners, including Club Mallard, know about the application so they can have a chance to weigh in. 

Commissioners pointed out that limiting parking on a single block would no doubt push any existing problems into surrounding areas. 

Mazur agreed with Knapp that the problem appeared to be more of a "people" issue than a parking issue, but commissioners also noted that the city appears obligated to process the application as it was presented.

Community Development Director Jeff Bond said he will proceed with a parking survey in the 1000 block of Washington to see if the occupancy rate exceeds the 75 percent "filled" rate needed for consideration of the application. 

Bond also agreed to notify neighbors and businesses within 300 feet, as well as business owners on the other side of San Pablo Avenue who could be affected by the program.

He added that, in conversations with the , it did not sound like a parking program dictated by time limit would be enforceable due to staffing. 

In his comments to the council, Sampietro said he hoped some form of parking program would lead to a solution. 

"We've crafted it (the application) in the way we thought would be most simple. We're open to feedback, he said. "We would be open to changes that might make sense in terms of city resources and practicality."

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If there's something in this article you think , or if something else is amiss, call editor Emilie Raguso at 510-459-8325 or email her at albany@patch.com.