HomeMy WebLinkAbout08-20-2019 Item 05 - Increase Parking Citation Fines for Vehicle Storage on City Streets
Department Name: Public Works
Cost Center: 5101
For Agenda of: August 20, 2019
Placement: Consent
Estimated Time: N/A
FROM: Daryl Grigsby, Public Works Director
Prepared By: Timothy Scott Bochum, Deputy Director of Public Works/Parking Manager
SUBJECT: INCREASE PARKING CITATION FINES FOR VIOLATIONS OF
MUNIC IPAL CODE SECTION 10.36.050 FOR VEHICLE STORAGE
ON CITY STREETS
RECOMMENDATION
Adopt a Resolution revising parking fines and forfeitures for the City of San Luis Obispo to
increase the fine for violations of Municipal Code Section 10.36.050 to $75.
DISCUSSION
Background – Neighborhood Impacts and Existing Code
The Police Department and Public Works Parking Services Division have received an increase in
complaints regarding the storage and long-term parking of vehicles in many residential areas.
Police Department records indicate that they received 1,396 calls for abandoned vehicles in 2018
and there have been 873 calls so far in 2019. These complaints center around an increase in the
number of vehicles parked in neighborhoods with many being left for long periods of time,
specifically over 72-hours.
Under the California Vehicle Code (CVC) and the City’s Municipal Code, the storage of
vehicles on City streets is restricted to 72 hours in length. Specifically, Municipal Code Section
10.36.050 states.
No person who owns or has possession, custody, or control of any vehicle shall park such
vehicle upon any street or alley for more than a consecutive period of seventy-two hours.
CVC Section 22651(k) establishes the authority of the City to remove vehicles from the public
right of way if they are left parked for seventy-two or more consecutive hours. City Municipal
Code Section 10.12.100 requires that once a vehicle has been parked upon a street for seventy-
two consecutive hours, it must be moved a minimum distance of five hundred feet from the
initial parking place. Staff have received reports, of verbal altercations between residents and
“long-term parkers” in the neighborhoods resulting in frustration for both parties.
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Tools for Compliance with Current Code and The Need for Change
1. Towing of Vehicles Parked in violation of the 72-hour ordinance
Towing of vehicles for violation of the 72-hour ordinance can be difficult and cumbersome
because it involves multiple site visits to the location of the vehicle (sometimes over a period of
days or weeks). Police must dispatch a Field Service Technician to perform the tow; availability
of this staff resource is subject to competing safety priorities. Once a Field Service Technician is
at the location time is taken completing the necessary paperwork and standing by while the tow
company completes its work. Last, the costs to retrieve a towed vehicle can be very expensive
for an individual and may be a financial hardship depending upon the cost.
2. Residential Parking Districts.
Another tool for residents is the formation of a residential permit district that can be used to limit
access for individuals that do not reside in the area. However, this process can take some time
and is not always supported by all the residents in an area that may not be experiencing the same
level of frustrations. This can sometimes put neighbor versus neighbor in determining the best
way to address problematic parking issues.
Discussions with Residents – Identification of Increased Fines as Tool for Compliance
Staff has spoken with residents in several areas who have inquired about solutions to address this
issue. At one neighborhood meeting, where the formation of a residential permit district was
being discussed, after hearing about the difficulties associated with towing of long-term parked
vehicles residents inquired about the fines associated with long term storage of vehicles. They
inquired why the fines were so low in comparison to the storage costs for privately stored
vehicles. Staff agreed to review this issue to see if there could be increased compliance with the
existing ordinance by establishing a more appropriate fine to help dissuade long term parking
and not rely on tows or permit district formation to address the issue.
Staff Analysis of Increased Fine and Comparison with Private Vehicle Storage Costs
The current City fine for a 72 Hour parking violation is $33 and was last increased in 2016. Staff
investigated current monthly cost associated with various storage facilities around the City. The
Table 1below shows some of the current rates being charged for storage of vehicles, particularly
RV or boats. At this time, the City’s fine is low enough and the time to enforcement long
enough that the fine does not motivate behavior changes or compliance.
Storage Facility Rental Space Cost
Wiepert’s RV Storage Under 20’ $60/Month
Wiepert’s RV Storage Under 30’ $70/Month
Elks RV Storage 12’ X 30’ $45/Month
Table 1 – Area Private Storage Rates
Passenger vehicles are generally shorter than RV or trailer lengths but the costs for private
storage is comparable to those shown above. As can be seen, the current $33 fine amount is well
below the lowest private storage rate. For larger vehicles, multiple violations would need to be
cited before the costs would exceed the monthly cost for offsite storage. Staff believes this
discrepancy is an issue that should be addressed particularly considering the recent increase of
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parking intrusion in residential areas and the increase in complaints that have been received.
Related: Other Local Cities’ Parking Fines for 72-Hour Parking Violations
Jurisdiction 72 Hour Fine Amount SLO Above or Below
Arroyo Grande $58 Below
Atascadero $35 Below
Grover Beach $53 Below
Morro Bay $100 Below
Pismo $40 Below
Paso Robles $33 same
Santa Barbara $78 Below
Table 2 – Comparative Cities 72 Hour Fines
Table 2 shows parking fine and forfeiture amounts summarized recently by the City of Paso
Robles. The City’s fine amount is at or below all of them and in two cases, substantially below.
Paso Robles considered increasing their fine to $47 but deferred that decision as they are focused
on implementing paid parking and a new parking management plan in their downtown area.
New Fine Recommendation
Staff considered increasing the 72-hour violation fee amount to either $50 -or $100 per
occurrence. A $50 per issuance citation amount would be considered at the low end of a revised
fee schedule and would continue to be at, or below, private storage costs. The fine should be set
high enough that a single issuance brings attention to the issue and promotes compliance.
The $100 fine amount is considered at the higher end of fine amounts as only one city (Morro
Bay) has a fine that high. That amount would be consistent with violation fines for M.C.
10.34.020 (no overnight camping restriction on City streets) and consistent with CVC Section
22523 which establishes a minimum $100 fine for anyone who abandons a vehicle on public or
private property. This amount would be at the higher end of all parking fines established by the
City for violations and may be considered punitive, particularly for one-time only violators who
may be cited for isolated parking infractions.
Considering the pros and cons of the range, staff is recommending that Council set the new fines
for 72 Hour violations of Section M.C. 10.36.050 in a middle range at an amount of $75 per
occurrence beginning September 1, 2019. This amount would be in the upper range of
comparative cities and be above most private storage costs for large vehicles. Implementing in
September is recommended in preparation that the new fine amount be in place before the start
of the Cal Poly fall quarter.
Policy Context
Municipal Code Section 10.64.030 establishes that 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. Attachment A is the enacting resolution associated with
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this fine change recommendation.
Public Engagement
Notice of this proposed fine increase was sent to the Cal Poly Office of Community relations and
Parking Services Division of Campus Police. Discussion with various neighbors and
neighborhood groups have occurred surrounding this issue and in developing potential solutions
to the long-term parking issue within the neighborhoods. Additionally, notification of this issue
was sent to interested parties via the City’s ENotificaiton system as suggested in the City’s
Public Engagement Manual.
CONCURRENCE
The Police Department and City Attorney have reviewed and support this recommendation.
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. 15278.
FISCAL IMPACT
Budgeted: No Budget Year: FY 2019-20
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing
Revenue
General Fund $1,500
Parking Fund $400
Federal
Fees
Other:
Total $1,900
There will be little fiscal impact associated with the increase of the 72-hour violation amount to
$75. In Fiscal Year 2018-19 there were 45 citations issued under M.C. 10.36.050. Assuming that
citation rates stay consistent, the fine increase would equate to approximately $1,900 in
additional fines being levied under the new fine schedule.
ALTERNATIVES
1. No Change. Council could keep the current $33 fine for this violation. Staff does not
recommend this alternative as it is considered too low to discourage long term parking
behavior on City streets and is not in alignment with off-street private vehicle storage
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facilities.
2. Increase fine to $50. Staff reviewed this amount and determined that it remains below the
amount that would serve as a potential disincentive for use of City streets for long term
storage. This is reflected in the fact that for larger vehicles, such as RV’s or trailers, the off-
street private storage costs are many times in excess of $50/month.
3. Increase fine to $100. Raising the fine amount for 72 Hour violation to $100 per occurrence
would set the amount consistent with the No Overnight Camping fine as well as the CVC
$100 abandonment fine. This amount would be staff’s secondary recommendation if Council
concludes the recommended $75 fine is too low.
Attachments:
a - Resolution of Penalty Schedule Change
b - Exhibit A - PENALTY SCHEDULE - EFFECTIVE 09012019
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R ______
RESOLUTION NO. _____ (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, INCREASING PARKING CITATION FINES
FOR VIOLTION OF MUNICPAL CODE SECTION 10.36.050 FOR
STORAGE OF VEHICLE ON CITY STREETS
WHEREAS, the City of San Luis Obispo regulates the use of public streets and parking
lots in order to provide safe and efficient use of public rights of way; and
WHEREAS, Municipal Code Section 10.36.050 prohibits storage of vehicles upon city
streets; and
WHEREAS, Municipal Code Section 10.36.050 specifically states: No person who owns
or has possession, custody or control of any vehicle shall park such vehicle upon any street or
alley for more than a consecutive period of seventy-two hours.; and
WHEREAS, Municipal Code Section 10.64.030 establishes that 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; and
WHEREAS, the city is experiencing a significant increase in complaints regarding the
storage of vehicles and trailers in residential and commercial areas; and
WHEREAS, the towing removal of vehicles in violation of M.C. Section 10.36.050 and
CVC Section 22523 can be costly and time consuming for the City and very expensive for the
owners of vehicles to retrieve their property after removal; and
WHEREAS, fine and forfeiture amounts for motor vehicle and parking violations should
be set appropriately to encourage compliance with City and State laws and codes.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo hereby:
SECTION 1. Effective September 1, 2019, modify parking fines (see Exhibit A) as
follows:
a) Increase storage of vehicles on City streets (SLOMC Section 10.036.050) from $33 to
$75.
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Resolution No. _____ (2019 Series) Page 2
R ______
Upon motion of _______________________, seconded by _______________________, and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2019.
____________________________________
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 ______________, 2019.
____________________________________
Teresa Purrington
City Clerk
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Exhibit A
CITY OF SAN LUIS OBISPO PENALTY SCHEDULE
CODE & SECTION DESCRIPTION FINE FINE & LATE
FEE
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 33 63
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) 53 83
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 INTERSECTION2353
SLMC 10.36.150 NIGHTTIME PARKING OF LARGE VEHICLES 33 63
SLMC 10.36.160 NIGHTTIME PARKING OF VEH W/OPERATING AIR/REFRIGERATION 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 28 58
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 40 70
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 MARKING TO INDICATE NO STOPPING/PARKING REGS.2353
SLMC 10.44.030 EFFECT OF PERMISSION TO LOAD/UNLOAD IN YELLOW ZONE5383
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 METERS ‐ OPERATIONAL PROCEDURES 23 53
SLMC 10.52.050 UNLAWFUL TO PARK AFTER METER TIME HAS EXPIRED 40 70
SLMC 10.52.060 UNLAWFUL TO EXTEND TIME BEYOND LIMIT 15 45
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 5204(a)* CURRENT TAB IMPROPERLY ATTACHED *25 0
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 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 22500.1 STOPPING/STANDING/PARKING: FIRE LANE 116 146
Effective 9/1/2019
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Exhibit A
CITY OF SAN LUIS OBISPO PENALTY SCHEDULE
CODE & SECTION DESCRIPTION FINE FINE & LATE
FEE
Effective 9/1/2019
CVC 22500(a) STOPPING/STANDING/PARKING: WITHIN INTERSECTION 33 63
CVC 22500(b) STOPPING/STANDING/PARKING: ON A CROSSWALK 33 63
CVC 22500(c)STOPPING/STANDING/PARKING: BETWEEN SAFETY ZONE 33 63
CVC 22500(d) STOPPING/STANDING/PARKING: W/IN 15' FIREHOUSE ENTRANCE 33 63
CVC 22500(e) STOPPING/STANDING/PARKING: PUBLIC/PRIVATE DRIVEWAY 33 63
CVC 22500(f)STOPPING/STANDING/PARKING: ON SIDEWALK 33 63
CVC 22500(g) STOPPING/STANDING/PARKING: ALONG/OPPOSITE OBSTRUCT 33 63
CVC 22500(h) STOPPING/STANDING/PARKING: ON ROADWAY SIDE OF VEHICLE 33 63
CVC 22500(i)IMPROPER PARKING IN BUS ZONE 263 293
CVC 22500(j)STOPPING/STANDING/PARKING: IN TUBE OR TUNNEL 33 63
CVC 22500(k) STOPPING/STANDING/PARKING: UPON BRIDGE EXCEPT AUTH 33 63
CVC 22500(l)IMPROPER PARKING IN WHEELCHAIR ACCESS 263 293
CVC 22502(a) CURB PARKING ‐RIGHT WHEELS MORE THAN 18 INCHES FROM CURB 33 63
CVC 22502(b) PARKING OPPOSITE DIRECTION OF TRAFFIC 33 63
CVC 22502(e) CURB PARKING ‐LEFT WHEELS MORE THAN 18 INCHES FROM CURB 33 63
CVC 22504(a) UNINCORPORATED AREA PARKING 33 63
CVC 22505(a) PARKING ON STATE 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
CVC 22507.8 (c)(1) PARKING IN SPACE FOR DISABLED ‐ ON LINES MARKED 338 368
CVC 22507.8 (c)(2) PARKING IN SPACE FOR DISABLED ‐ CROSSHATCHED LINES 338 368
CVC 22510 PARKING IN SNOW REMOVAL AREAS 3 33
CVC 22511.1 UNLAWFUL TO PARK UNLESS EV CHARGING 45 75
CVC 22511.7 DISABLED ZONE 338 368
CVC 22512 VEHICLE UNATTENDED 116 146
CVC 22513 TOW CARS ‐ PARKING ON FREEWAY 33 63
CVC 22514 FIRE HYDRANTS 63 93
CVC 22515(a) UNATTENDED VEHICLES ‐ SET BRAKES/STOP MOTOR 33 63
CVC 22515(b) UNATTENDED VEHICLES ‐ SET BRAKES/WHEELS/PREVENT MOVE3363
CVC 22516 LOCKED VEHICLE 116 146
CVC 22517 OPENING AND CLOSING DOORS 116 146
CVC 22520.5 VENDING ON FREEWAY RIGHT‐OF‐WAY 116 146
CVC 22520.5(a) VENDING ON FREEWAY RIGHT‐OF‐WAY 116 146
CVC 22521 ILLEGAL TO PARK ON RAILROAD TRACKS 33 63
CVC 22522 PARKING NEAR SIDEWALK ACCESS RAMPS 288 318
CVC 22523(a) VEHICLE ABANDONMENT‐ On Highway 283 313
CVC 22523(b) VEHICLE ABANDONMENT 283 313
CVC 22650 UNLAWFUL REMOVAL OF UNATTENDED VEHICLE 116 146
CVC 22651(b) VEHICLE PARKED/LEFT STANDING TO OBSTRUCT TRAFFIC 116 146
CVC 40225*PROCESSING OTHER VIOLATIONS *10 0
CVC 40226*FAILURE TO DISPLAY DISABLED PLACARD ‐ ADMINISTRATIVE FEE *25 0
LATE PAYMENT PENALTY 30 0
*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
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