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Home My WebLink About10-02-2018 Item 13 Parking Fine Violation Update Meeting Date: 10/2/2018 FROM: Daryl Grigsby, Public Works Director Prepared By: Alexander Fuchs, Parking Services Supervisor SUBJECT: ESTABLISH FINE AMOUNTS FOR ELECTRIC VEHICLE CHARGING VIOLATIONS AND BICYCLE LANE VIOLATIONS AND AN INCREASE OF EXISTING PARKING VIOLATION FINE AMOUNTS RECOMMENDATION Adopt a resolution establishing new parking violations and associated fine amounts for emerging technologies such as public Electric Vehicle (EV) Charging stations and modify other violation, fine and forfeiture amounts effective January 1, 2019, January 1, 2021, and January 1, 2023. DISCUSSION The purpose of this item is to allow the City to enforce specific statutes of state law related to the unlawful parking of vehicles in EV parking spaces and in bicycle lanes. EV vehicles are rapidly becoming a greater portion of the fleet of privately-owned vehicles and EV technology is planned and has been approved for more public parking facilities in the City. New violations have been added to the California Vehicle Code (CVC) and staff is recommending that the City Council adopt a Resolution (Attachment A) to allow for the enforcement of new CVC codes and authorize multi-year increase to the parking violation fine amounts. This is similar to the multi- year rate increases approved by Council for the parking structure rates, meter rates, and permit rates in June 2017. Attachment A is a Resolution to increase parking violation fine amounts effective January 1, 2019, January 1, 2021, and January 1, 2023 and to establish violations and the associated fine amounts for three new parking violations that are already expressed in State Law as described in Exhibit A of the Resolution. The parking violations shown in bold and italicized font in Exhibit A are new violations for which the City does no t currently have a fine amount established and as a result, is unable to enforce. The violations that require local action expressed in the California Vehicle Code (CVC) are: • No stopping, standing, or parking in Class I bike path (CVC 21211 (a)) – initial fine amount $60 • No stopping, standing, or parking in Class II bike path (CVC 21211 (b)) – initial fine amount $60 • No stopping, standing, or parking in a parking stall designated for electric vehicle charging unless the vehicle is connected for charging purposes (CVC 22511.1) – initial fine amount $45 The new violation fine amounts and the subsequent fine amount increases will ensure that the City can continue to be effective at gaining compliance with state and local parking regulations. Packet Pg. 117 Item 13 Background In 2010, the City Council approved an increase of $13.00 to all parking violation fine amounts as a result of the County and State surcharge pass-throughs imposed on all parking violations issued in the Stat e of California. Since then, Council has approved increases to a few specific violations, but until now, staff has not proposed a comprehensive, multi-year fine schedule. Staff is recommending the approval of a multi-year comprehensive fine amount increase plan for all parking violation fine amounts instead of the sporadic increases approved in the past. The proposed Resolution defines three tiered increases over the five-year period from 2019-2024. The specific fine increases approved in 2017 are not scheduled to increase again until January 1, 2021 to maintain the relationship between comparable types of violations. The recommendation also includes the establishment of three new parking violation fine amounts each for a violation currently included in the California Vehicle Code (CVC) but not in the City’s Penalty Schedule. The City is unable to enforce parking laws unless the City has established a fine amount and included it in the City’s Penalty Schedule. Two of the new violation fine amounts will allow the City to issue citations to vehicles that are found to be stopping, standing, or parking upon bikeways, bicycle paths, and bicycle trails. CVC § 21211 generally prohibits persons from impeding or blocking the normal and reasonable movement of bicyclists upon a bikeway, bicycle path, or bicycle trail. Attachment B includes the full text of CVC § 21211. The associated fine amounts simply allow the City to enforce State law. Currently, vehicles found to be blocking or impeding can only be cited if appropriate signage is posted in the area and are cited using the City of San Luis Obispo Municipal Code (SLOMC) § 10.36.040 – No Parking Areas. Citing under CVC § 21211 is more directly related to the underlying violation and does not require posted signage to enforce. The third new violation and fine amount will allow the City to enforce parking spaces designated for electric vehicle charging. CVC § 22511.1 prohibits the standing or parking of a vehicle in a designated electric vehicle charging space unless the vehicle is parked and connected for electric charging purposes. Attachment C includes the full text of CVC § 22511.1. On September 4, 2018, Council approved a sole source contract with ChargePoint to install new electric vehicle (EV) charging stations; 33 of which will be available to the public. The C ity will not be able to ensure only EV vehicles are utilizing these parking space without an established fine amount. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report, because the action does not constitute a “project” under CEQA Guidelines sec. 15278. Packet Pg. 118 Item 13 FISCAL IMPACT The intent of this resolution is to seek compliance and not increase citation revenue. F ine amount increases usually result in an increase in compliance with parking regulations and thus it is difficult to estimate the fiscal impact of the proposed changes. ALTERNATIVE Deny the adoption of the resolution. Staff does not recommend this alternative because the establishment of the new parking violations and fine amounts are necessary to enforce specific sections of the California Vehicle Code and the multi-year fine amount increases will help increase the compliance with state and local parking regulations. Attachments: a - Resolution Establishing New Parking Citation Fines and an Increase to Existing Fines b - CVC 21211 c - CVC 22511.1 Packet Pg. 119 Item 13 R ______ RESOLUTION NO. _____ (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ESTABLISHING AND INCREASING PARKING CITATION FINES WHEREAS, State law provides, in Vehicle Code Section 40203.5, that cities establish the amount of parking penalties, fees, and surcharges for parking violations; and WHEREAS, State law authorizes the City to recover administrative fees, parking penalties, fees and collection costs related to civil debt collection, late payment penalties, and other related charges; and WHEREAS, the City wishes to provide secure and user -friendly parking for all users of the parking structures, surface parking lots, and metered park ing spaces; and WHEREAS, the City needs to be effective at enforcing State law regarding vehicles stopping, standing, and parking on bike paths, bike ways, and bike trials; and WHEREAS, the City needs to be able to enforce State law regarding unlawful use of electric vehicle (EV) charging spaces; and WHEREAS, the parking program needs to continue to be self-sufficient for its financial commitments; and WHEREAS, the Council considered the staff report and held a public meeting and considered the proposed changes to the parking citation fines and the establishment of new fines. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Packet Pg. 120 Item 13 Resolution No. _____ (2018 Series) Page 2 R ______ SECTION 1. Parking citation fines are hereby established for and effective on the dates as shown on Exhibit A attached hereto and incorporated herein. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2018. ____________________________________ Mayor Heidi Harmon 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, this ______ day of ______________, _________. ____________________________________ Teresa Purrington City Clerk Packet Pg. 121 Item 13 Resolution No. _____ (2018 Series) Page 3 R ______ EXHIBIT A CITY OF SAN LUIS OBISPO PENALTY SCHEDULE CODE & SECTION DESCRIPTION FINE FINE & LATE FEE FINE FINE & LATE FEE FINE FINE & LATE FEE FINE FINE & LATE FEE SLMC 10.12.050 INTERFERENCE WITH POLICE/AUTHORIZED OFFICER 93 123 115 145 120 150 125 155 SLMC 10.14.030 OBEDIENCE TO TRAFFIC CONTROL DEVICES 58 88 60 90 65 95 70 100 SLMC 10.14.090 UNAUTHORIZED PAINTING ON CURBS 58 88 60 90 65 95 70 100 SLMC 10.34.020 OVERNIGHT CAMPING (10pm - 6 am)100 130 115 145 120 150 125 155 SLMC 10.36.020 STOPPING OR STANDING IN PARKWAYS PROHIBITED 33 63 40 70 45 75 50 80 SLMC 10.36.030 STOP/STAND/PARK IN VIOLATION OF CHAPTER 33 63 40 70 45 75 50 80 SLMC 10.36.040 NO PARKING ZONE - PROHIBITED PARKING - Also Taxi Zone (d)53 83 60 90 65 95 70 100 SLMC 10.36.050 USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED 33 63 40 70 45 75 50 80 SLMC 10.36.070 REPAIRING OR GREASING VEHICLE ON PUBLIC STREET 23 53 40 70 45 75 50 80 SLMC 10.36.080 WASHING OR POLISHING VEHICLES 23 53 40 70 45 75 50 80 SLMC 10.36.090 PARKING ADJACENT TO SCHOOLS 23 53 40 70 45 75 50 80 SLMC 10.36.100 PARKING PROHIBITED ON NARROW STREETS 23 53 40 70 45 75 50 80 SLMC 10.36.110 PARKING ON GRADES 23 53 40 70 45 75 50 80 SLMC 10.36.120 UNLAWFUL PARKING - PEDDLERS, VENDORS 23 53 40 70 45 75 50 80 SLMC 10.36.130 EMERGENCY PARKING SIGNS 23 53 60 90 65 95 70 100 SLMC 10.36.140 LARGE/COMMERCIAL VEHICLE PARKING NEAR INTERSECTION 23 53 60 90 65 95 70 100 SLMC 10.36.150 NIGHTTIME PARKING OF LARGE VEHICLES 33 63 60 90 65 95 70 100 SLMC 10.36.160 NIGHTTIME PARKING OF VEH W/OPERATING AIR/REFRIGERATION 23 53 60 90 65 95 70 100 SLMC 10.36.200 PARKING IN A RESIDENTIAL PERMIT PARKING AREA 38 68 40 70 45 75 50 80 SLMC 10.36.230 PERMITS - DISPLAY OF PERMITS 28 58 45 75 50 80 55 85 SLMC 10.36.235 NO PERMIT LOT 45 75 45 75 50 80 55 85 SLMC 10.40.010 TIMED PARKING 10 MINUTES TO 10 HOURS (Overtime Parking)50 80 50 80 55 85 60 90 SLMC 10.40.020 BACKING INTO PARKING SPACE PROHIBITED 28 58 40 70 45 75 50 80 SLMC 10.40.040 PARKING PARALLEL ON ONE-WAY STREETS 21 51 40 70 45 75 50 80 SLMC 10.40.050 DIAGONAL PARKING 21 51 40 70 45 75 50 80 SLMC 10.40.060 PARKING SPACE MARKINGS 40 70 40 70 45 75 50 80 SLMC 10.40.070 NO STOPPING ZONE 21 51 60 90 65 95 70 100 SLMC 10.40.080 ALL NIGHT PARKING PROHIBITED (3-5am)38 68 45 75 50 80 55 85 SLMC 10.44.020 CURB MARKING TO INDICATE NO STOPPING/PARKING REGS.23 53 60 90 65 95 70 100 SLMC 10.44.030 EFFECT OF PERMISSION TO LOAD/UNLOAD IN YELLOW ZONE 53 83 55 85 60 90 65 95 SLMC 10.44.040 EFFECT OF PERMISSION TO LOAD/UNLOAD IN WHITE ZONE 40 70 45 75 50 80 55 85 SLMC 10.44.050 STANDING IN ANY ALLEY 33 63 50 80 55 85 60 90 SLMC 10.44.070 DISABLED PARKING 338 368 338 368 340 370 345 375 SLMC 10.48.010 CERTAIN VEHICLES PROHIBITED IN CENTRAL DISTRICT 58 88 60 90 65 95 70 100 SLMC 10.48.020 ADVERTISING VEHICLES 33 63 40 70 45 75 55 85 SLMC 10.48.030 ANIMAL DRAWN VEHICLES 33 63 40 70 45 75 55 85 SLMC 10.48.040 TRUCK ROUTES 88 118 88 118 90 120 95 125 SLMC 10.48.050 COMM. VEHICLES PROHIBITED FROM USING CERTAIN STREETS 88 118 88 118 90 120 95 125 SLMC 10.48.060 MAX. GROSS WT. LIMITS OF VEHICLES ON CERTAIN STREETS 88 118 88 118 90 120 95 125 SLMC 10.52.040 PARKING METERS - OPERATIONAL PROCEDURES 23 53 40 70 45 75 50 80 SLMC 10.52.050 UNLAWFUL TO PARK AFTER METER TIME HAS EXPIRED 40 70 40 70 45 75 50 80 SLMC 10.52.060 UNLAWFUL TO EXTEND TIME BEYOND LIMIT 15 45 50 80 55 85 60 90 SLMC 10.52.070 IMPROPER USE OF METER 15 45 40 70 45 75 50 80 SLMC 10.52.080 PARKING METERS/STANDARDS - PROPER USE 15 45 40 70 45 75 50 80 SLMC 10.52.110 MOTORCYCLE SPACES 15 45 45 75 50 80 55 85 CVC 5204(a)* CURRENT TAB IMPROPERLY ATTACHED *25 CVC 21211 (a) STOPPING/STANDING/PARKING CLASS I BIKE PATH - -60 90 65 95 70 100 CVC 21211 (b) STOPPING/STANDING/PARKING CLASS II BIKE PATH - -60 90 65 95 70 100 CVC 21113(a) VEHICLE OR ANIMAL ON PUBLIC GROUNDS-MOVING 116 146 116 146 120 150 125 155 CVC 21113(b) VEHICLE OR ANIMAL ON PUBLIC GROUNDS-PARKING 33 63 40 70 45 75 50 80 CVC 21113 (c) DRIVEWAYS, PATHS, PARKING FACILITIES ON GROUNDS 33 63 40 70 45 75 50 80 CVC 22500.1 STOPPING/STANDING/PARKING: FIRE LANE 116 146 120 150 125 155 130 160 CVC 22500(a) STOPPING/STANDING/PARKING: WITHIN INTERSECTION 33 63 60 90 65 95 70 100 CVC 22500(b) STOPPING/STANDING/PARKING: ON A CROSSWALK 33 63 60 90 65 95 70 100 CVC 22500(c) STOPPING/STANDING/PARKING: BETWEEN SAFETY ZONE 33 63 60 90 65 95 70 100 CVC 22500(d) STOPPING/STANDING/PARKING: W/IN 15' FIREHOUSE ENTRANCE 33 63 60 90 65 95 70 100 CVC 22500(e) STOPPING/STANDING/PARKING: PUBLIC/PRIVATE DRIVEWAY 33 63 60 90 65 95 70 100 CVC 22500(f) STOPPING/STANDING/PARKING: ON SIDEWALK 33 63 60 90 65 95 70 100 CVC 22500(g) STOPPING/STANDING/PARKING: ALONG/OPPOSITE OBSTRUCT 33 63 60 90 65 95 70 100 CVC 22500(h) STOPPING/STANDING/PARKING: ON ROADWAY SIDE OF VEHICLE 33 63 60 90 65 95 70 100 Current Effective 1/1/2019 Effective 1/1/2021 Effective 1/1/2023 Packet Pg. 122 Item 13 Resolution No. _____ (2018 Series) Page 4 R ______ CITY OF SAN LUIS OBISPO PENALTY SCHEDULE CODE & SECTION DESCRIPTION FINE FINE & LATE FEE FINE FINE & LATE FEE FINE FINE & LATE FEE FINE FINE & LATE FEE CVC 22500(i)IMPROPER PARKING IN BUS ZONE 263 293 263 293 270 300 275 305 CVC 22500(j)STOPPING/STANDING/PARKING: IN TUBE OR TUNNEL 33 63 60 90 65 95 70 100 CVC 22500(k)STOPPING/STANDING/PARKING: UPON BRIDGE EXCEPT AUTH 33 63 60 90 65 95 70 100 CVC 22500(l)IMPROPER PARKING IN WHEELCHAIR ACCESS 263 293 288 318 290 320 295 325 CVC 22502(a)CURB PARKING -RIGHT WHEELS MORE THAN 18 INCHES FROM CURB 33 63 40 70 45 75 50 80 CVC 22502(b)PARKING OPPOSITE DIRECTION OF TRAFFIC 33 63 40 70 45 75 50 80 CVC 22502(e)CURB PARKING -LEFT WHEELS MORE THAN 18 INCHES FROM CURB 33 63 40 70 45 75 50 80 CVC 22504(a)UNINCORPORATED AREA PARKING 33 63 60 90 65 95 70 100 CVC 22505(a)PARKING ON STATE HIGHWAY WHERE SIGN POSTED 33 63 60 90 65 95 70 100 CVC 22505(b)POSTED NO PARKING - STATE HIGHWAY 33 63 60 90 65 95 70 100 CVC 22507 UNLAWFUL PARKING 33 63 60 90 65 95 70 100 CVC 22507.8 (a)PARKING IN SPACE FOR DISABLED 338 368 338 368 340 370 345 375 CVC 22507.8 (b)PARKING IN SPACE FOR DISABLED - OBSTRUCT/BLOCK 338 368 338 368 340 370 345 375 CVC 22507.8 (c)(1)PARKING IN SPACE FOR DISABLED - ON LINES MARKED 338 368 338 368 340 370 345 375 CVC 22507.8 (c)(2)PARKING IN SPACE FOR DISABLED - CROSSHATCHED LINES 338 368 338 368 340 370 345 375 CVC 22510 PARKING IN SNOW REMOVAL AREAS 3 33 3 33 3 33 3 33 CVC 22511.1 UNLAWFUL TO PARK UNLESS EV CHARGING --45 75 50 80 55 60 CVC 22511.7 DISABLED ZONE 338 368 338 368 340 370 345 375 CVC 22512 VEHICLE UNATTENDED 116 146 120 150 125 155 130 160 CVC 22513 TOW CARS - PARKING ON FREEWAY 33 63 60 90 65 95 70 100 CVC 22514 FIRE HYDRANTS 63 93 70 100 75 105 80 110 CVC 22515(a)UNATTENDED VEHICLES - SET BRAKES/STOP MOTOR 33 63 40 70 45 75 50 80 CVC 22515(b)UNATTENDED VEHICLES - SET BRAKES/WHEELS/PREVENT MOVE 33 63 40 70 45 75 50 80 CVC 22516 LOCKED VEHICLE 116 146 120 150 125 155 130 160 CVC 22517 OPENING AND CLOSING DOORS 116 146 120 150 125 155 130 160 CVC 22520.5 VENDING ON FREEWAY RIGHT-OF-WAY 116 146 120 150 125 155 130 160 CVC 22520.5(a)VENDING ON FREEWAY RIGHT-OF-WAY 116 146 120 150 125 155 130 160 CVC 22521 ILLEGAL TO PARK ON RAILROAD TRACKS 33 63 60 90 65 95 70 100 CVC 22522 PARKING NEAR SIDEWALK ACCESS RAMPS 288 318 288 318 290 320 295 325 CVC 22523(a)VEHICLE ABANDONMENT- On Highway 283 313 283 313 290 320 295 325 CVC 22523(b)VEHICLE ABANDONMENT 283 313 283 313 290 320 295 325 CVC 22650 UNLAWFUL REMOVAL OF UNATTENDED VEHICLE 116 146 120 150 125 155 130 160 CVC 22651(b)VEHICLE PARKED/LEFT STANDING TO OBSTRUCT TRAFFIC 116 146 120 150 125 155 130 160 CVC 40225*PROCESSING OTHER VIOLATIONS *10 CVC 40226*FAILURE TO DISPLAY DISABLED PLACARD - ADMINISTRATIVE FEE *25 LATE PAYMENT PENALTY 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 Current Effective 1/1/2019 Effective 1/1/2021 Effective 1/1/2023 Packet Pg. 123 Item 13 Vehicle Code - VEH DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) CHAPTER 1. Obedience to and Effect of Traffic Laws [21000 - 21296] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ARTICLE 4. Operation of Bicycles [21200 - 21213] ( Article 4 added by Stats. 1963, Ch. 479. ) 21211. (a) No person may stop, stand, sit, or loiter upon any class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, or any other public or private bicycle path or trail, if the stopping, standing, sitting, or loitering impedes or blocks the normal and reasonable movement of any bicyclist. (b) No person may place or park any bicycle, vehicle, or any other object upon any bikeway or bicycle path or trail, as specified in subdivision (a), which impedes or blocks the normal and reasonable movement of any bicyclist unless the placement or parking is necessary for safe operation or is otherwise in compliance with the law. (c) This section does not apply to drivers or owners of utility or public utility vehicles, as provided in Section 22512. (d) This section does not apply to owners or drivers of vehicles who make brief stops while engaged in the delivery of newspapers to customers along the person’s route. (e) This section does not apply to the driver or owner of a rubbish or garbage truck while actually engaged in the collection of rubbish or garbage within a business or residence district if the front turn signal lamps at each side of the vehicle are being flashed simultaneously and the rear turn signal lamps at each side of the vehicle are being flashed simultaneously. (f) This section does not apply to the driver or owner of a tow vehicle while actually engaged in the towing of a vehicle if the front turn signal lamps at each side of the vehicle are being flashed simultaneously and the rear turn signal lamps at each side of the vehicle are being flashed simultaneously. (Amended by Stats. 2001, Ch. 127, Sec. 7. Effective July 30, 2001.) Packet Pg. 124 Item 13 VEHICLE CODE - VEH DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) CHAPTER 9. Stopping, Standing, and Parking [22500 - 22526] ( Chapter 9 enacted by Stats. 1959, Ch. 3. ) 22511.1. (a)A person shall not park or leave standing a vehicle in a stall or space designated pursuant to Section 22511 unless the vehicle is connected for electric charging purposes. (b)A person shall not obstruct, block, or otherwise bar access to parking stalls or spaces described in subdivision (a) except as provided in subdivision (a). (Amended by Stats. 2011, Ch. 274, Sec. 2. (AB 475) Effective January 1, 2012.) Packet Pg. 125 Item 13 ad d y nr Oro mus N Pd N N N 0 00 -n o w n ao a: 1� K O y w' n CID o� — viat17 0 o. a y CD o uoo cry z a. cD .� v' o N O CDCD OCD N 0 r 7� N (D O n a. w= 0 W ul E 0 W CD N p CD 0 CL -I-h � Q O CD O (D 0 n Q' c cl. 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