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Home My WebLink AboutItem 5j Amend the Parking Penalty Schedule for Violations of California /Vehicle Codes Sections22500(N)(1)(A) and 22511.1(A) and Designate Electric Vehicle Charging Parking Spaces Item 5j Department: Public Works Cost Center: 5101 For Agenda of: 6/17/2024 Placement: Consent Estimated Time: N/A FROM: Scott Collins, Assistant City Manager Prepared By: Angela Kelley, Parking Enforcement Supervisor and Donna King, Parking Program Manager SUBJECT: AMEND THE PARKING PENALTY SCHEDULE FOR VIOLATIONS OF CALIFORNIA VEHICLE CODE SECTIONS 22500(N)(1)(A) AND 22511.1(A) AND DESIGNATE ELECTRIC VEHICLE CHARGING PARKING SPACES RECOMMENDATION 1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending the Parking Penalty Schedule”. 2. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, to Designate Electric Vehicle Parking Spaces for the Exclusive Purpose of Charging Electric Vehicles”. POLICY CONTEXT The Climate Action, Open Space & Sustainable Transportation Major City Goal includes implementation of the Climate Action Plan and Lead by Example 2023 -25 Work Plans. The Work Plan includes Connected Task 6.1.A: Enable the installation of publicly accessible EV chargers on public property to meet community need. San Luis Obispo Municipal Code Section 10.64.030 states that “The fines for parking violations written under the provisions of the San Luis Obispo Municipal Code and the California Vehicle Code shall be established by resolution of the council.” California Vehicle Code (CVC) provides the following relevant provisions:  CVC § 40203.5(a): Parking penalties and late payment fees must be established by the governing body of the jurisdiction. To the extent possible, issuing agencies within the same county are encouraged to standardize penalty amounts.  CVC § 22500(n)(1)(A): It is unlawful to stop, park, or stand within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension is present. Page 153 of 994 Item 5j  CVC § 22511(a): Local authorities may designate off -street or public street parking spaces exclusively for electric vehicle (EV) charging.  CVC § 22511.1(a): It is unlawful to park in a space designated for EV charging unless the vehicle is connected for that purpose. DISCUSSION Background In accordance with CVC § 40203.5(a), City parking penalties, to the extent possible, shall be consistent with surrounding jurisdictions within San Luis Obispo County. Staff regularly reviews the City's Parking Penalty Schedule to ensure compliance and consistency. During the most recent review, staff identified one existing penalty requiring adjustment and one new violation that should be added to the schedule to allow for enforcement:  CVC § 22500(n)(1)(A) – Within 20 Feet of Crosswalk (NEW)  CVC § 22511.1(a) – Unlawful to Park Unless EV Charging (ADJUSTED) A resolution is required to formally include these penalties in the City's Parking Penalty Schedule. The proposed updates are included in Attachment A. CVC § 22500(n)(1)(A) Within 20 Feet of Crosswalk (NEW) Effective January 1, 2025,1 this law, commonly referred to as the “Daylighting Law,” prohibits vehicles from stopping, parking or standing within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension is present. This law allows drivers to see intersections more clearly and see if someone is waiting to cross, improving pedestrian and vehicle safety. This section must be added to the penalty schedule in order to enforce the new state regulation. Staff recommends adopting a penalty of $60 as it is comparable to other existing “stopping/standing/parking” penalties in the penalty schedule (see Attachment B Penalty Schedule Redlines). CVC § 22511.1 (a) Unlawful to Park Unless EV Charging (ADJUSTED) This section prohibits parking in EV charging spaces unless the vehicle is connecte d for charging purposes. CVC § 42001.6 sets the fine for this infraction at $100. The City's current penalty is $45 and must be updated to match the state -mandated amount. This adjustment supports the City’s Major City Goals, as previously stated in the policy section, to promote EV use and ensure proper access to charging stations. Electric Vehicle Charging Space Designation To enforce parking regulations on public EV charging spaces, the City must designate these spaces by ordinance or resolution, per CVC § 22511. Staff recommends that Council adopt a resolution designating all public EV charging spaces that are properly marked according Section 2B.46 of the California Manual on Uniform Traffic Control 1 The prohibition has been in effect since January 1, 2024, however, cities could issue only a warning (rather than a citation) for violations prior to January 1, 2025. Page 154 of 994 Item 5j Devices for Streets and Highways (CA MUTCD) standards as EV-only (see Attachment C). Note that this resolution does not apply to EV spaces on private property or lots. Previous Council or Advisory Body Action Council last updated the Parking Penalty Schedule on October 2, 2018. Public Engagement Recognizing the potential public impact of these amendments, a communication and education plan has been developed and is currently being implemented. Below is a summary of outreach strategies—both underway and planned—for the new EV charging space regulations and the daylighting law, including efforts to increase transparency around associated fines: Outreach Strategy EV Charging Spaces Daylighting Law Social media promotion X X Warnings issued (6 months) X X Rack Card X X City webpage X X Flyer/Printed Education Material X X Press Release X X Outreach to K-12 schools X Once the penalty schedule is approved, staff will begin ramping up outreach efforts to notify the community about these laws. Enforcement will not begin immediately. Instead, staff will first focus on education and outreach over the next few months, followed by a period of issuing warnings—accompanied by an educational rack card—to reinforce awareness. No citations will be issued during this initial six-month education phase. It’s important to note that, in accordance with the California Vehicle Code, warnings cannot be issued until the applicable vehicle codes are formally included in the penalty schedule. As such, updating the penalty schedule is a necessary first step before launching broader community education efforts. While the daylighting law applies citywide, initial enforcement will prioritize areas nea r schools, commercial zones, and other locations with high concentrations of vulnerable Figure 1: Regulatory Sign R113 (CA) from the California Manual on Uniform Traffic Control Devices for Streets and Highways (CA MUTCD) Page 155 of 994 Item 5j roadway users. These outreach efforts will be carried out over the next six months. However, public education on these topics will continue through existing annual programs, including school orientation efforts, the Roll & Stroll campaign, and recurring social media messaging. Attachment D is a draft flyer with information on the new daylighting law. Parking and Transportation staff are taking a proactive, coordinated approach that combines public education with strategic installation of curb markings and signage where appropriate. Infrastructure changes will be integrated into relevant capital projects—such as the annual pavement management program —or implemented as standalone improvements when needed. CONCURRENCE The City Attorney’s Office concurs with staff’s recommendations. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. FISCAL IMPACT The intent of updating parking penalties is to encourage compliance with parking regulations, not to generate additional citation revenue. While higher penalty amounts often lead to improved compliance, they typically do not result in substantial increased revenue. As such, staff does not anticipate a significant change, either an increase or decrease, in citation revenue as a result of the proposed adjustments. Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost Parking Fund - - - - State - - - - Federal - - - - Fees - - - - Other: - - - - Total - - - - ALTERNATIVES 1. Deny the adoption of the resolution establishing the updated parking penalty schedule. This alternative would prevent the City from enforcing specific sections of Page 156 of 994 Item 5j the California Vehicle Code, as the associated penalties must be formally adopted by resolution. 2. Modify the resolution establishing the updated parking penalty schedule to exclude specific recommended amendments to the penalty schedule. The proposed penalties are consistent with the California Vehicle Code and based on alignment with surrounding agency schedules and excluding them may result in inconsistencies or limit enforcement ability (see Attachment B Penalty Schedule Redlines). 3. Deny the adoption of the resolution designating spaces for electric vehicle charging purposes. Without this designation, the City would be unable to enforce proper use of EV charging spaces under the California Vehicle Code. Additionally, significant public and private investments are typically required to install EV charging infrastructure. Allowing vehicles to occupy these spaces without charging could hinder cost recovery efforts and discourage future investments in EV infrastructure. ATTACHMENTS A - Draft Resolution amending the parking penalty schedule B - Penalty Schedule Redlines C - Draft Resolution to designate parking spaces for the exclusive purpose of electric vehicle charging D - Draft Daylighting Law educational flyer Page 157 of 994 Page 158 of 994 R ______ RESOLUTION NO. _____ (2025 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, TO AMEND THE PARKING PENALTY SCHEDULE. WHEREAS, California Vehicle Code Section 40203.5 requires that cities establish the amount of parking penalties, fees, and surcharges for parking violations; and WHEREAS, the City wishes to provide safe, convenient, and accessible parking for all users of the City’s parking garages, surface parking lots, and on-street parking spaces; and WHEREAS, the City must be effective at enforcing State and local laws regarding vehicles stopping, standing, and parking at City owned parking facilities and roadways ; and WHEREAS, effective January 1, 2025, the “Daylighting Law,” prohibits vehicles from stopping, parking or standing within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension is present; and WHEREAS, the City must be able to enforce State law regarding unlawful use of electric vehicle (EV) charging spaces; and WHEREAS, the Council held a public meeting and considered the proposed changes to the Parking Penalty Schedule. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Parking Penalty Schedule is hereby amended and established effective July 1, 2025, as shown in Exhibit A attached hereto and incorporated herein. Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote: AYES: NOES: ABSENT: Page 159 of 994 Resolution No. _____ (2025 Series) Page 2 R ______ The foregoing resolution was adopted this _____ day of _______________ 2025. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 160 of 994 Resolution No. _____ (2025 Series) Page 3 R ______ EXHIBIT A – PARKING PENALTY SCHEDULE Page 161 of 994 Resolution No. _____ (2025 Series) Page 4 R ______ Page 162 of 994 CITY OF SAN LUIS OBISPO PENALTY SCHEDULE EFFECTIVE JULY 1, 2025 CODE & SECTION DESCRIPTION PENALTY PENALTY & LATE FEE APPLIED AT DAY 36 SLMC 10.12.050 INTERFERENCE WITH POLICE/AUTHORIZED OFFICER 93 123 SLMC 10.14.030 OBEDIENCE TO TRAFFIC CONTROL DEVICES 58 88 SLMC 10.14.090 UNAUTHORIZED PAINTING ON CURBS 58 88 SLMC 10.34.020 OVERNIGHT CAMPING (10pm - 6 am)100 130 SLMC 10.36.020 STOPPING OR STANDING IN PARKWAYS PROHIBITED 40 70 SLMC 10.36.030 STOP/STAND/PARK IN VIOLATION OF CHAPTER 33 63 SLMC 10.36.040 NO PARKING ZONE - PROHIBITED PARKING - Also Taxi Zone (d)60 90 SLMC 10.36.050 USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED 75 105 SLMC 10.36.070 REPAIRING OR GREASING VEHICLE ON PUBLIC STREET 23 53 SLMC 10.36.080 WASHING OR POLISHING VEHICLES 23 53 SLMC 10.36.090 PARKING ADJACENT TO SCHOOLS 23 53 SLMC 10.36.100 PARKING PROHIBITED ON NARROW STREETS 23 53 SLMC 10.36.110 PARKING ON GRADES 23 53 SLMC 10.36.120 UNLAWFUL PARKING - PEDDLERS, VENDORS 23 53 SLMC 10.36.130 EMERGENCY PARKING SIGNS 23 53 SLMC 10.36.140 LARGE/COMMERCIAL VEHICLE PARKING NEAR INTERSECTION 23 53 SLMC 10.36.150 NIGHT TIME PARKING OF LARGE VEHICLES 33 63 SLMC 10.36.160 NIGHT TIME PARKING OF VEH/OPERATING AIR/REFRGERATION 23 53 SLMC 10.36.200 PARKING IN A RESIDENTIAL PERMIT PARKING AREA 40 70 SLMC 10.36.230 PERMITS - DISPLAY OF PERMITS 28 58 SLMC 10.36.235 NO PERMIT LOT 45 75 SLMC 10.40.010 TIMED PARKING 10 MINUTES TO 10 HOURS (Overtime Parking)50 80 SLMC 10.40.020 BACKING INTO PARKING SPACE PROHIBITED 40 70 SLMC 10.40.040 PARKING PARALLEL ON ONE-WAY STREETS 21 51 SLMC 10.40.050 DIAGONAL PARKING 21 51 SLMC 10.40.060 PARKING SPACE MARKINGS 45 75 SLMC 10.40.070 NO STOPPING ZONE 21 51 SLMC 10.40.080 ALL NIGHT PARKING PROHIBITED (3-5am)38 68 SLMC 10.44.020 CURB MARKINGS TO INDICATE NO STOPPING 23 53 SLMC 10.44.030 EFFECT OF PERMISSION TO LOAD/UNLOAD IN YELLOW ZONE 53 83 SLMC 10.44.040 EFFECT OF PERMISSION TO LOAD/UNLOAD IN WHITE ZONE 40 70 SLMC 10.44.050 STANDING IN ANY ALLEY 33 63 SLMC 10.44.070 DISABLED PARKING 338 368 SLMC 10.48.010 CERTAIN VEHICLES PROHIBITED IN CENTRAL DISTRICT 58 88 SLMC 10.48.020 ADVERTISING VEHICLES 33 63 SLMC 10.48.030 ANIMAL DRAWN VEHICLES 33 63 SLMC 10.48.040 TRUCK ROUTES 88 118 SLMC 10.48.050 COMM VEHICLES PROHIBITED FROM USING CERTAIN STREETS 88 118 SLMC 10.48.060 MAX.GROSS WT LIMITS OF VEHICLES ON CERTAIN STREETS 88 118 SLMC 10.52.040 PARKING METER-OPERATIONAL PROCEDURES 23 53 SLMC 10.52.050 EXPIRED PAYMENT SESSION 45 75 SLMC 10.52.070 IMPROPER USE OF METER 15 45 SLMC 10.52.080 PARKING METERS/STANDARDS PROPER USE 15 45 SLMC 10.52.110 MOTORCYCLE SPACES 15 45 CVC 21113(a)VEHICLE OR ANIMAL ON PUBLIC GROUNDS-MOVING 116 146 CVC 21113(b)VEHICLE OR ANIMAL ON PUBLIC GROUNDS-PARKING 33 63 CVC 21113(c)DRIVEWAYS, PATHS, PARKING FACILITIES ON GROUNDS 33 63 CVC 21211(a)STOPPING/STANDING/PARKING CLASS I BIKE PATH 60 90 CVC 21211(b)STOPPING/STANDING/PARKING CLASS II BIKE PATH 60 90 CVC 22500(a)STOPPING/STANDING/PARKING: WITHIN INTERSECTION 40 70 CVC 22500(b)STOPPING/STANDING/PARKING: ON A CROSSWALK 60 90 RED TEXT INDICATES PROPOSED AMENDMENT ATTACHMENT B: Penalty Schedule Red Lines Page 163 of 994 CITY OF SAN LUIS OBISPO PENALTY SCHEDULE EFFECTIVE JULY 1, 2025 CODE & SECTION DESCRIPTION PENALTY PENALTY & LATE FEE APPLIED AT DAY 36 CVC 22500(c)STOPPING/STANDING/PARKING: BETWEEN SAFETY ZONE 60 90 CVC 22500(d)STOPPING/STANDING/PARKING: W/IN 15' FIREHOUSE ENTRANCE 60 90 CVC 22500(e)STOPPING/STANDING/PARKING: PUBLIC/PRIVATE DRIVEWAY 40 70 CVC 22500(f)STOPPING/STANDING/PARKING: ON SIDEWALK 40 70 CVC 22500(g)STOPPING/STANDIN/PARKING: ALONG OPPOSITE OBSTRUCT 33 63 CVC 22500(h)STOPPING/STANDIN/PARKING: ON ROADWAY SIDE OF VEHICLE 33 63 CVC 22500(i)IMPROPER PARKING IN BUS ZONE 288 318 CVC 22500(j)STOPPING/STANDIN/PARKING: IN TUBE OR TUNNEL 33 63 CVC 22500(k)STOPPING/STANDIN/PARKING: UPON BRIDGE EXCEPT AUTH 33 63 CVC 22500(l)IMPROPER PARKING IN WHEELCHAIR ACCESS 288 318 CVC 22500(n)(1)(A) WITHIN 20 FT CROSSWALK 60 90 CVC 22500.1 STOPPING/STANDING/PARKING: FIRE LANE 120 150 CVC 22502(a)CURB PARKING -RIGHT WHEELS MORE THAN 18 INCHES FROM CURB 40 70 CVC 22502(b)(2)PARKING OPPOSITE DIRECTION OF TRAFFIC 40 70 CVC 22502(e)CURB PARKING -LEFT WHEELS MORE THAN 18 INCHES FROM CURB 40 70 CVC 22504(a)UNINCORPORATED AREA PARKING 33 63 CVC 22505(a)PARKING ON HIGHWAY WHERE SIGN POSTED 33 63 CVC 22505(b)POSTED NO PARKING - STATE HIGHWAY 33 63 CVC 22507 UNLAWFUL PARKING 33 63 CVC 22507.8 (a)PARKING IN SPACE FOR DISABLED 338 368 CVC 22507.8 (b)PARKING IN SPACE FOR DISABLED - OBSTRUCT/BLOCK 338 368 338 368 338 368 100 130 CVC 22507.8 (c)(1) CVC 22507.8 (c)(2) CVC 22511.1 (a) CVC 22511.7 338 368 CVC 22512 116 146 CVC 22513 33 63 CVC 22514 70 100 CVC 22515(a)33 63 CVC 22515(b)33 63 CVC 22516 116 146 CVC 22517 116 146 CVC 22520.5 116 146 CVC 22520.5(a)116 146 CVC 22521 33 63 CVC 22522 288 318 CVC 22523(a)283 313 CVC 22523(b)283 313 CVC 22650 116 146 10 25 CVC 40225* CVC 40226* CVC 5204(a)*25 PARKING IN SPACE FOR DISABLED - ON LINES MARKED PARKING IN SPACE FOR DISABLED - CROSSHATCHED LINES UNLAWFULL TO PARK UNLESS EV CHARGING DISABLED ZONE VEHICLED UNATTENDED TOW CARS-PARKING FREEWAY FIRE HYDRANTS UNATTENDED VEHICLES-SET BRAKE UNATTENDED VEHICLES-SET BRAKE MOVING LOCKED VEHICLE OPENING AND CLOSING DOORS VENDING ON FREEWAY RIGHT OF WAY VENDING ON FREEWAY RIGHT OF WAY ILLEGAL TO PARK ON RR TRACKS PARKING NEAR SIDEWALK ACCESS RAMPS VEHICLE ABANDONMENT- On Highway VEHICLE ABANDONMENT UNLAWFUL REMOVAL OF UNATTENDED VEHICLE PROCESSING OTHER VEHICLES FAILURE TO DISPLAY DISABLED PLACARD ADMIN FEE CURRENT TAB IMPROPERLY ATTACHED LATE PAYMENT PENALTY APPLIED AT 36 DAYS 30 *Fine or fee amounts are set by the Uniform Bail & Penalty Schedule or by specific CVC section All other fine amounts set by City Council pursuant to CVC 40203.5 $45 $75 Page 164 of 994 R ______ RESOLUTION NO. _____ (2025 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, TO DESIGNATE ELECTRIC VEHICLE PARKING SPACES FOR THE EXCLUSIVE PURPOSE OF CHARGING ELECTRIC VEHICLES. WHEREAS, California Vehicle Code Section 22511 allows local authorities to designate parking spaces for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes; and WHEREAS, the City wishes to provide safe, convenient, and accessible parking for electric vehicle charging; and WHEREAS, one of the City goals is to proactively address the climate crisis and increase resiliency through the implementation of the Climate Action Plan which includes the addition of publicly accessible electric vehicle charging parking spaces; and WHEREAS, in order for the City to fully enforce State law regarding unlawful use of electric vehicle charging spaces, the spaces must be designated and posted; and WHEREAS, the Council held a public meeting and considered designating specific parking spaces for electric vehicle charging. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. All parking spaces properly marked per the Manual on Uniform Traffic Control Devices (MUTCD) standards or standards of a State supplement that is in substantial conformance with the MUTCD indicating parking for electric vehicle charging only on City property or City right-of-way are designated for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes as stated in California Vehicle Code § 22511. Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _______________ 20 25. Page 165 of 994 Resolution No. _____ (2025 Series) Page 2 R ______ ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 166 of 994 I M P R O V I N G R O A D S A F E T Y F O R C A L I F O R N I A N S CALIFORNIA’S STATEWIDEDAYLIGHTING LAW AB 4 1 3 WHAT IS AB 413 Assembly Bill 413, also referred to as California’s ‘Daylighting Law’ makes it illegal to park within 20 feet of any marked or unmarked crosswalk or 15 feet of any crosswalk where a curb extension is present clear of parked vehicles, improving pedestrian visibility and reducing the risk of accidents. WHY AB 413 In a word: safety. Cars parked near intersection corners can block drivers' visibility, making it difficult to see pedestrians and navigate through the intersection. Page 167 of 994 AB 4 1 3 Yes and no. Every intersection is affected by the new State law, however many intersections currently have signage or markings which address parking and are consistent with the current standard. WILL EVERY INTERSECTION CHANGE? These diagrams show how the clearance of 20 feet can make a big difference for street safety at painted and unpainted crosswalks. (SFMTA) The City of San Luis Obispo has been installing red curb markings in recent paving projects and plans to add new markings and signs in key pedestrian areas. This will be done in phases, focusing on busy marked crosswalks and uncontrolled crosswalks without traffic control devices. Since it’s a state law, it will be in effect regardless of the presence of red curbs or no parking signage. WHAT’S NEXT? Page 168 of 994