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Home My WebLink About07/07/2009, C14 - INTRODUCTION OF AN ORDINANCE AMENDING PARKING METER RATES AND THE DEPOSIT OF PARKING FINES AND FORF cou /c1L Y Y 07,. j July 07,2009 aGenba u �e�Epoin :..e. C I T Y O F 5 A Y L U I S 0 6 1 5 P O FROM: Jay D. Walter, Director of Public Work av Prepared By: Timothy Scott Bochum, uty Director of Public Works Robert Horch, Parking Services Manager SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING PARKING METER RATES AND THE DEPOSIT OF PARKING FINES AND FORFEITURES AND ADOPTION OF RESOLUTION SETTING FINES FOR EXPIRED METERS RECOMMENDATIONS 1. Adopt a resolution approving an increase of the parking fine for violation of San Luis Obispo Municipal Code Section 10.52.050(Expired Meters); and, 2. Introduce an ordinance amending: a. San Luis Obispo Municipal Code Section 10.52.010 to reflect Council changes to parking meter rates. b. San Luis Obispo Municipal Code Section 10.64.040 to reflect Council changes to the deposit of collected parking fines and forfeitures. DISCUSSION Background On June 16`h, 2009 the City Council adopted the 2009-11 Financial Plan. As part of that adoption the Council directed staff to return to Council with revisions to currently adopted meter rates in the Downtown area. The revisions were to 1): defer implementation of the previously approved increase in the parking structures and lower-rate zones until July 1, 2010; and 2): increase the fine for overtime meters(expired meters)to$30. The City's Downtown area has two different parking meter zones. Meters with a two-hour or shorter time limit charge a higher rate than the ten-hour time limit meters. The meter zones are designed to serve parking needs differently, with the higher rate, shorter time limit meters promoting quicker turnover and enhancing parking access closest to the Downtown businesses. The ten-hour meter spaces are designed to service the parking needs of the visitors who have planned to stay a longer time in the Downtown, or employees and are typically found on the periphery of the Downtown core. The Council decided to defer the increase for the ten-hour meters and increase the overtime meter fines in an effort to provide a greater differential in the parking rates, and promote more parking turnover. Fines relating to expired meters are established by resolution. Attachment 1 is a resolution establishing the expired meter rate at $30. The San Luis Obispo Municipal Code requires that parking meter rates be established by ordinance. Attachment 2 provides a draft ordinance 9amending Parking Meter Rate and Revenue Changes Page 2 the language of Section 10.52.050 to reflect the deferral of lower-rate meter zones until July 1, 2010. In addition, as part of the Financial Plan adoption, Council approved the use of collected fines and forfeitures to cover the net cost of parking related services performed by the Police Department. Section 10.64.040 currently restricts the direct allocation of collected fines and forfeitures for purposes outside of the Parking Fund. Attachment 3 includes Ordinance language changes necessary to implement the Council directed transfers. FISCAL IMPACT Allowing the use of Parking Fund money to directly support Police Services for net amounts collected for citations issued will have a positive impact on the General Fund. As part of the adoption of the 2009-11 Financial Plan, this amount was identified as $50,000 for each year of the two year Financial Plan. The other actions will have an impact on the Parking Fund, although not a major one. In March 2010,the Council will review other parking revenue and demand management strategies and may direct added changes at that time. ATTACHMENTS 1. Resolution 2. Legislative Draft of Ordinance Amendments 3. Ordinance G:\Staff-Reports-Agendas-Minutes\_CAR\2009\Parking\CAR 2009 Meta Rate Ordinance.DOC Attachment 1 RESOLUTION NO. (2009 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN INCREASE OF THE PARKING FINE FOR VIOLATION OF SAN LUIS OBISPO MUNICIPAL CODE SECTION 10.52.050 (EXPIRED METER) WHEREAS, State law provides; in Vehicle Code Section 40203.5, that cities establish the amount of parking penalties, fees and surcharges; and WHEREAS, State law authorizes the City to recover administrative fees,parking penalties, fees and collection costs related to civil debt collection, late penalties and other related charges; and WHEREAS,the parking program needs to continue to be self-sufficient for its financial commitments; and WHEREAS,the City wishes to provide secure and user friendly parking for all users of the parking structures; and WHEREAS,the City needs to financially support the operation and debt service of the next City parking structure; and WHEREAS, the Council has considered the staff report and considered the proposed changes to the parking structure rates and hours and monthly and daily fees for parking at a public meeting. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The parking fine for an expired meter violation, San Luis Obispo Municipal Code Section 10.52.050 (Unlawful to allow vehicle to remain parked after expiration of time), shall be $30. BE IT FURTHER RESOLVED that this resolution shall be effective as of August 1, 2009. Upon motion of Council Member seconded by Council Member_and on the following roll call vote: AYES: NOES: ABSENT: ATTACHMENT 1 Resolution No. _(2009 Series) Page 2 The foregoing resolution was passed and adopted this_day of , 2009. David F. Romero, Mayor ATTEST Elaina Cano Acting City Clerk APPROVED Jonathan Lowell, City Attorney I Attachment 2 Ordinance Changes — Legislative Draft 10.52.010 Parking meter zone—Rates. A. Within the area enclosed by a solid line on the parking meter zone map (Exhibit A) and the area enclosed by the shaded line on the Slack Street parking meter zone map (Exhibit B) (more particularly described as: the north side of Hathway Avenue adjacent to Cal Poly to Longview Lane, the east side of Longview Street from Hathway Avenue to Slack Street, the north side of Slack Street from Longview Lane to Grand Avenue, and the south side of Slack Street adjacent to the San Luis Coastal Unified School District parcel from the midblock point of Slack Street (between Longview Lane and Grand Avenue)to Grand Avenue), the parking of vehicles on streets or in municipal parking lots may be controlled and regulated with the aid of parking meters. B. Unless established otherwise below, the parking meter rate on streets or in municipal parking lots in the lower-rate zone shall be seventy-five cents '($0.75) per hour effective July 1, 2006, and these parking meter rates shall be increased to one dollar per hour effective July 1, 208910. C. Within the area enclosed by diagonal lines on the parking meter zone map (Exhibit A), the rate for parking meters on streets or in municipal parking lots shall be one dollar per hour effective July 1, 2006. Parking meter rates for this higher-rate zone shall be increased to one dollar and twenty-five cents per hour effective July 1, 2009.. D. Within the shaded area on the map entitled Slack Street parking meter zone map (Exhibit B), the parking of vehicles on streets may be controlled and regulated with the aid of parking meters. The parking meter rate shall be seventy-fivecents per hour if controller by meter. Attachment 2 Chapter 10.64 PARKING REVENUES, FINES AND FORFEITURES Sections: 10.64.010 Use of moneys collected from parking meters. 10.64.020 Persons violating the provisions of title to be fined for each separate offense. 10.64.030 Parking fines. 10.64.040 Disposition of fine and forfeitures. 10.64.010 Use of moneys collected from parking meters. All moneys collected from parking meters in this city shall be placed in a special fund, and then distributed for the following purposes: A. For the purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating and policing of parking meters in this city, and for the payment of any and all expenses relating or incidental thereto; B. For the purchasing, leasing, acquiring, improving, operating and maintaining of off street parking facilities in this city; C. For the installation and maintenance of traffic-control devices and signals; D. For the painting and marking of streets and curbs required for the direction of traffic and parking of motor vehicles; E. For the proper regulation, control and inspection of parking and traffic upon the public streets; F. To be pledged as security for the payment of principal of and interest on off-street parking revenue bonds issued by this city, of any parking district organized within this city. (Prior code § 3217) 10.64.020 Persons violating the provisions of title to be fined for each separate offense. Every person convicted of a violation of any of the provisions of this title shall be punished by a fine for each separate offense as provided in Section 10.64.030. For the purposes of this section: (1) a separate offense occurs when the initial citation is issued for a parking violation; and (2) an additional separate offense occurs; and an additional citation shall be issued, whenever, after the issuance of any citation, the vehicle remains parked for a subsequent period of time equalling or exceeding the parking limitation for the space or zone in which the vehicle is parked. (Prior code § 3217.1) 10.64.030 Parking fines. 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. (Ord. 1193 § 1, 1991; Ord..No. § 1100 § 1, 1987: prior code § 3217.2; Ord. No. § 1285, § 1, 1995) 10.64.040 Disposition of fine and forfeitures. All fines and forfeitures collected upon conviction or upon forfeiture of bail of any person charged with a violation of any of the provisions of this title, shall be paid into the city treasury and one hundred percent shall be deposited into the "parking fund-" except CIq- ATTACHMENT a that the"net' bail amount received for citations generated by the Police Department may be allocated to the General Fund. For the purposes of this section the "net' bail shall be determined by Council or by subtracting the total collected bail generated by Police Services and then subtracting the overhead costs for Parking Services including:. citation processing, program administration and maintenance. All remaining "Parking fund moneys shall be distributed for the purposes described in Section 10.64.010. (Ord. 1165 § 1, 1990: Ord. 1100 § 2, 1987: prior code § 3217.3) Attachment 3 ORDINANCE NO. (2009 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING SECTION 10.52.010 (PARKING METER ZONE-RATES) OF CHAPTER 10.52 (PARKING METERS) OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE SAN LUIS OBISPO MUNICIPAL CODE WHEREAS, State law provides, in Vehicle Code Section 22508,that cities must establish parking meter rates by ordinance; and WHEREAS,the parking program needs to continue to be self-sufficient for its financial commitments; and WHEREAS,the City needs to financially support the operation and debt service of the next City parking structure; and WHEREAS,the Council has considered the staff report and considered the proposed changes to the parking meter rates at a public meeting. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Sub parts B and D of Existing Section 10.52.010 (Parking meter zone — rates) of the San Luis Obispo Municipal Code are hereby repealed. SECTION 2. New sub parts B and D of Section 10.52.010 (Parking meter zone—rates) are hereby added to Chapter 10.52 (Parking Meters) of Title 10 (Vehicles and Traffic) of the San Luis Obispo Municipal Code to read as follows: B. Unless established otherwise below,the parking meter rate on streets or in municipal parking lots in the lower-rate zone shall be seventy-five cents ($0.75)per hour, and these parking meter rates shall be increased to one dollar per hour effective July 1, 2010. D. Within the shaded area on the map entitled Slack Street Meter Zone Map (Exhibit B), the parking of vehicles on streets may be controlled and regulated with the aid of parking meters. The parking meter rate shall be seventy-five cents ($0.75)per hour if controlled by meter. SECTION 3. Sub part D of Existing Section 10.64.040 (Disposition of fine and forfeitures) of the San Luis Obispo Municipal Code is hereby repealed. SECTION 4. New Section 10.64.040 (Disposition of fine and forfeitures) is hereby added to Section 10.64 (Parking Revenues, Fines And Forfeitures) of Title 10 (Vehicles and Traffic) of the San Luis Obispo Municipal Code to read as follows: ply-� ._WTACHMENT 3 Disposition of fine and forfeitures. All fines and forfeitures collected upon conviction or upon forfeiture of bail of any person charged with a violation of any of the provisions of this title, shall be paid into the city treasury and one hundred percent shall be deposited into the "parking fund" except that the "net" bail amount received for citations generated by the Police Department may be allocated to the General Fund. For the purposes of this section the "net"bail shall be determined by Council or by subtracting the total collected bail generated by Police Services and then subtracting the overhead costs for Parking Services including: citation processing, program administration and maintenance. All remaining"Parking Fund"moneys shall be distributed for the purposes described in Section 10.64.010. SECTION 5. A summary of this ordinance, together with the names of the Council members voting for and against it, shall be published at least five (5) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance will go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the _ day of 2009, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2009, on the following role call votes: AYES: NOES: ABSENT`. Mayor David F. Romero ATTEST: Elaina Cano, Acting City Clerk APPROVED AS TO FORM: Jonathan Lowell, City Attorney i ..:. council memomnaum Date: July 6, 2009 TO: City Council i2A u ,EMHL C COUNCILCDD DIR VIA: Ken Hampian, City Manager CAO FIN DIR ACAO IRE CHIEF V ATTORNEY PW DIR FROM: Jay Walter, Public Works Director POWCE CHF f5 RSC 61P SUBJECT: Correction to Council Agenda Item C 14 �` — TIL DIA ,�� -_`�HR61R K AtEW711KES COuiuG( , ;K diVV-6'2- In reviewing the Council Agenda Report and Resolution, staff omitted to include the x e�cxQ deferred implementation of the hourly rate increase in all City parking structures from $0.75 to $1.00 an hour on July 1, 2010. Please accept the following corrections to the report and attached Resolution. The recommendations should read: 1. Adopt a resolution approving an increase of the parking fine for violation of San Luis Obispo Municipal Code Section 10.52.050 (Expired Meters) on August 1, 2009;and an increase to all parking structure rates to $1 an hour as of July 1, 2010, 2. Introduce an ordinance amending: a. San Luis Obispo Municipal Code Section 10.52.010 to reflect Council changes to parking meter rates. b. San Luis Obispo Municipal Code Section 10.64.040 to reflect. Council changes to the deposit of collected parking fines and forfeitures. The Resolution was also amended to include the increase to the parking structure rates and is attached. RECEIVED RED FILE JUL 0 6 2009 -- MEETING AGENDA SLo CITY CLERK DATE 7 o ITEM # c� p:lslifaepormaperdasmivAesl rkir"file 04.doe Attachment 1 RESOLUTION NO. (2009 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN INCREASE OF THE PARKING FINE FOR VIOLATION OF SAN LUIS OBISPO MUNICIPAL CODE SECTION 10.52.050 (EXPIRED METER) AND INCREASED PARKING STRUCTURE RATES. WHEREAS, State law provides, in Vehicle Code Section 40203.5,that cities establish the amount of parking penalties, fees and surcharges; and WHEREAS, State law authorizes the City to recover administrative fees,parking penalties,fees and collection costs related to civil debt collection, late penalties and other related charges; and WHEREAS,the parking program needs to continue to be self-sufficient for its financial commitments; and WHEREAS, the City wishes to provide secure and user friendly parking for all users of the parking structures; and WHEREAS, the City needs to financially support the operation and debt service of the next City parking structure; and WHEREAS,the Council has considered the staff report and considered the proposed changes to the parking structure rates and hours and monthly and daily fees for parking at a public meeting. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The parking fine for an expired meter violation, San Luis Obispo Municipal Code Section 10.52.050 (Unlawful to allow vehicle to remain parked after expiration of time), shall be $30, effective August 1, 2009. SECTION 2. All Hourly parking structure rates will be increased to $1 an hour, effective July 1, 2010. Upon motion of Council Member , seconded by Council Member_and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this day of , 2009. David F. Romero, Mayor ATTEST Elaina Cano Acting City Clerk APPROVED Jo well, City Attorney