CITY OF SIMI VALLEY MEMORANDUM

Transcription

1 CITY OF SIMI VALLEY MEMORANDUM AGENDA ITEM NO. 6A September 11, 2017 TO: FROM: City Council Police Department SUBJECT: A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION ADJUSTING THE CITY OF SIMI VALLEY S SCHEDULE OF PARKING CITATION FINES STAFF RECOMMENDATION It is recommended that the City Council adopt the resolution (page 5) for an updated Schedule of Parking Citation Fines (Attachment A, page 6). CITY MANAGER S RECOMMENDATION The City Manager concurs with the Police Department recommendation. BACKGROUND AND OVERVIEW The Simi Valley Police Department enforces parking regulation violations of the Simi Valley Municipal Code. If a parking violation violates the Simi Valley Municipal Code, the City may set the citation amount (See Simi Valley Municipal Code Sec (b)); and California Vehicle Code Sec (a).) By implication, the City may then increase or decrease these parking citation amounts based on a survey of nearby cities (Exhibit A). (See again California Vehicle Code Sec (a)). In 1992, the State of California passed Assembly Bill 408. This legislation allowed the governing body of each agency issuing citations to establish its own parking citation fines and include administrative and collection costs in their fines. The California Vehicle Code Sec , which governs how parking fines are set, states "[t]o the extent possible, issuing agencies within the same county shall standardize parking penalties."

2 2 FINDINGS AND ALTERNATIVES The proposed schedule recommends establishing civil fines for four existing parking regulations that currently do not have parking fine amounts assigned by the City. The first code is Sec Repairing Of Vehicles On Highway (See Simi Valley Municipal Code Sec Continuance of certain provisions in effect.) The second code is Sec Parking Vehicles Containing Garbage. (See Simi Valley Municipal Code Sec ) The third is Parking of Mobile Billboard Advertising Displays is Unlawful (See Simi Valley Municipal Code Sec ) and the fourth is Parking Restrictions on City Owned or Controlled Parking Lots (See Simi Valley Municipal Code Section (a)). The recommendation for the parking fines to be established is in response to the increase in the number of complaints received concerning violations, and the Police Department s ability to effectively enforce current City of Simi Valley municipal codes. The proposed schedule (Attachment A, page 6) increases some fines and reduces others to be consistent with the surveyed cities. A survey of parking citation fine schedules adopted by other cities within the County indicates that most of the City's current parking citation fines are not consistent with the other cities (Exhibit A, page 7). Regardless of citation amounts, the City must also collect a $4.50 pass-through penalty for state court construction in accordance with California Government Code Sec (b), a $3.00 pass-through penalty to be deposited in the Trial Court Trust Fund in accordance with the California Government Code Sec (a), and a further $5.00 pass-through penalty in accordance with Government Code Sec (e) for each fine collected. The City includes these amounts in its fines and is required to pay them to the County of Ventura. Resolution No authorized the City Manager to administratively increase parking fines to implement any new or increased pass-through penalties. The City of Simi Valley last adopted and adjusted these parking citation fine amounts in July A current survey of local enforcement agencies revealed that the City s published parking citation fines are not consistent with fines adopted by other cities in the area. To bring the City's parking citation fines in line with other cities, the City should update its Schedule of Parking Citation Fines. If adopted, the schedule will increase 23 fines, decrease three fines, four fines will remain unchanged, and to establish four new fine amounts for existing parking violations that currently do not have a fine amount assigned, as shown on Attachment A, page 6. Staff anticipates a neutral or positive net impact on revenues as a result of the revised fines. However, exact revenue impacts will depend on the numbers and types of citations issued. The attached resolution (page 5) when adopted will establish amounts on the Schedule of Parking Citation Fines that are more consistent with fines imposed by issuing agencies within Ventura County.

3 3 It is recommended that, if adopted, the Schedule of Parking Citation Fines (Attachment A, page 6 of the resolution), and is to take effect 45 days after the date of adoption. The following alternatives are available to the City Council: 1. Adopt the attached resolution (page 5) and the updated Schedule of Parking Citations (Attachment A, page 6 of the resolution), and is to take effect 45 days after the date of adoption. 2. Do not adopt the attached resolution; 3. Provide staff with further direction. Staff recommends Alternative No. 1. SUGGESTED CITY COUNCIL MOTION I move to adopt the resolution updating the Schedule of Parking Citation Fines, and to take effect 45 days after the date of adoption. SUMMARY The Simi Valley Police Department enforces parking regulations using the Simi Valley Municipal Code. Based on a survey of other cities (Exhibit A) in the County, the City of Simi Valley's parking citation fines are not consistent with other nearby cities. The attached resolution adopts an updated Schedule of Parking Citation Fines based on results of a survey of other local enforcement agencies in the County of Ventura. The proposed schedule increases certain fines and reduces others in order to be consistent with those of surveyed nearby issuing agencies. It is recommended that the proposed resolution be adopted updating the Schedule of Parking Citation Fines and that the effective date of the fines will take effect 45 days after adoption of the resolution. Prepared by: Robert Arabian, Traffic Bureau Commander David M. Livingstone Chief of Police INDEX Page Public Hearing Procedure...4 Resolution...5 Attachment A Schedule of Parking Citation Fines...6 Exhibit A Survey Results...7

4 4 PUBLIC HEARING PROCEDURE HEARING DATE: September 11, MAYOR: This is the time and place set for a public hearing to consider adoption of a resolution adjusting the City of Simi Valley s Schedule of Parking Citation Fines. May I have a reading of the proposed resolution? 2. CITY CLERK: (Clerk reads proposed resolution) 3. MAYOR: May we have an oral report on this matter by staff? 4. STAFF: (Report) 5. ANY COUNCIL MEMBER : (Questions of staff and staff response) 6. MAYOR: Is there anyone in the City Council Chamber wishing to be heard on this matter? 7. AUDIENCE: (Comments) 8. MAYOR: The hearing is closed. Are there any comments or questions from members of the City Council? 9. ANY COUNCIL MEMBER : (Comments) 10. MAYOR: The Chair will now entertain a motion. 11. ANY COUNCIL MEMBER : City Council Actions (by motion of any Council Member): 12. ANY COUNCIL MEMBER : Second 13. MAYOR: (Call for vote) 14. MAYOR: Proceed to the next item. 1) Adopt, modify, or not adopt Resolution No (requires a second and a vote; requires reading of resolution). * Any action to refer the matter back to staff or to continue the matter requires a second and a vote.

5 5 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY ADOPTING AN UPDATED SCHEDULE OF PARKING CITATION FINES WHEREAS, it is the desire of the City Council to establish a Schedule of Parking Citation Fines that is in compliance with the California Vehicle Code; and WHEREAS, on September 11, 2017, the City Council of the City of Simi Valley held a duly noticed public hearing to consider adopting a Schedule of Parking Citation Fines; and WHEREAS, the City Council finds and determines that the fines set forth in the Schedule of Parking Citation Fines proposed to be adopted reasonably reflect the fines charged by neighboring county cities as established by a survey of local county issuing agencies. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES RESOLVE AS FOLLOWS: SECTION 1. The proposed Schedule of Parking Citation Fines, contained in Attachment A, attached hereto, is hereby adopted. SECTION 2. If any fine set forth in this Resolution or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect any other fine or application thereof, and to this end the fines of this Resolution are declared to be severable. SECTION 3. This Resolution shall be effective 45 days after the adoption date. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified Resolution to be filed in the Office of the City Clerk. Attest: PASSED and ADOPTED this 11 th day of September Ky Spangler, Deputy Director/City Clerk Robert O. Huber, Mayor of the City of Simi Valley, California Approved as to Form: Approved as to Content: Lonnie J. Eldridge, City Attorney Eric J. Levitt, City Manager David M. Livingstone Chief of Police

6 6 POLICE DEPARTMENT RES. NO ATTACHMENT A Schedule of Citation Fines VIOLATION Proposed Simi Valley 2017 Fine 7125 SVMC - Repair Or Modify Vehicles On Highway Prohibited $ * 7235 SVMC - Private/Public Lots Posted Restrictions $ SVMC - On Hill Greater Than 3%, Wheels Blocked or Turned $ SVMC - City Street or Alley, Exceeding 72 hours $ SVMC - Parking Vehicles Containing Garbage >24 Hours Prohibited $ * (a) SVMC - Unpaved Surface $ (b) SVMC - Private/Public Inoperative/ Wrecked/Dismanted $ (a) SVMC - City Street. GVWR Over 10,000 lbs In Residential Area $ (a) SVMC - City Street, Oversized Vehicle Without Permit $ (b) SV MC - City Street, Trailer or Fifthwheel Without Permit $ SVMC - Parallel Parking, Wrong Way, >18" $ SVMC - Parking, Stopping, or Leave Standing (a) Within an Intersection $ (b) On a Crosswalk $ (c ) Safety Zone $ (d) W/I 15' of Fire Station $ (e) W/I 15' of Fire Hydrant $ (f) Blocking Driveway $ (g) On/Blocking Sidewalk $ (h) Along Highway Excavation $ (i) Double Parked $ (j) Posted "No Parking/No Stopping" $ (k) Obstructing Traffic $ (l) Outside designated space $ (m) Fire Lane $ (n) Violating Conditions on public school, park, Park & Ride. or commuter facility $ (b) SVMC - Angle Parking Required $ SVMC - Abandoned Vehicles (a) On Highway $ (b) On Public or Private Property $ SVMC - Disabled Persons Parking Zones (a)(1 ) Posted Disabled Space $ (a)(2) Obstruct I Block Access $ (b) On Disabled Crosshatch $ (c) Improper Display of Placard $ The parking of mobile billboard advertising displays is unlawful. $ * (a) SVMC - Parking Restrictions on City Owned or Controlled Parking Lots. $ * City's Total Fines Include All Legislated Court Fees For a $12.50 GC $2.00 GC $3.00 SB 857, GC 3.00 SB 1407, $4.50

7 7 POLICE DEPARTMENT Survey Results Ventura County Issuing Agencies EXHIBIT A Violation Simi Thousand Port Fillmore Moorpark Camarillo Oxnard Ventura Valley Oaks Total Hueneme Total Fine Total Fine Total Fine Total Fine Total Fine Total Fine Fine Total Fine Repair Or Modify Vehicles $ - $ $ $ $ $ $ $ Private/Public Lots Posted Restrictions $ $ $ $ $ $ $ $ On Hill Greater Than 3% $ $ $ $ $ $ $ $ Parking Exceeding 72 hours $ $ $ $ $ $ $ $ Vehicles Containing Garbage $ - $ $ $ $ $ $ $ Over 24 Hours Unpaved Surface $ $ $ $ $ $ $ $ Private/Public Inoperative $ $ $ $ $ $ $ $ Commercial GVWR Over 10,000 lbs In Residential Area $ $ $ $ $ $ $ $ Oversized Vehicle W/O Permit $ $ $ $ $ $ $ $ Trailer Without Permit $ $ $ $ $ $ $ $ Parallel, Wrong Way, >18" $ $ $ $ $ $ $ $ Within an Intersection $ $ $ $ $ $ $ $ On a Crosswalk $ $ $ $ $ $ $ $ Safety Zone $ $ $ $ $ $ $ $ ' of Fire Station $ $ $ $ $ $ $ $ W/I 15' of Fire Hydrant $ $ $ $ $ $ $ $ Blocking Driveway $ $ $ $ $ $ $ $ On/Blocking Sidewalk $ $ $ $ $ $ $ $ Along Highway Excavation $ $ $ $ $ $ $ $ Double Parked $ $ $ $ $ $ $ $ No Parking/No Stopping $ $ $ $ $ $ $ $ Obstructing Traffic $ $ $ $ $ $ $ $ Outside designated space $ $ $ $ $ $ $ $ Fire Lane $ $ $ $ $ $ $ $ Public school, park, Park & Ride or commuter facility $ $ $ $ $ $ $ $ Angle Parking Required $ $ $ $ $ $ $ $ Abandoned $ $ $ $ $ $ $ $ Posted Disabled Space $ $ $ $ $ $ $ $ Disabled Obstruct Access $ $ $ $ $ $ $ $ Disabled Crosshatch $ $ $ $ $ $ $ $ Improper Display of Placard $ $ - $ - $ - $ - $ - $ - $ - Mobile Billboard $ - $ $ $ $ $ $ $ City Lot Parking Restrictions $ - $ $ $ $ $ $ $ New Fine City's Average / Exact Violation Not Matched California Rules of Court 2017 Uniform Bail Base+State&County Penalty Schedule