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Home My WebLink AboutItem No.32CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Mayor and City Council FROM: Ron Molendyk, City Manager DATE: October 12, 1993 SUBJECT: ESTABLISHING PARKING AND LAKE CITATION ENFORCEMENT SCHEDULES AND PENALTIES BACKGROUND The California State Legislature adopted Assembly Bill 408 which became effective on July 1, 1993. This bill provides that any violation of an unlawful standing or parking provision of the law shall be subject to a civil penalty as established by the governing body of the jurisdiction in which enforcement occurs. The City of Lake Elsinore City Council adopted Ordinance No. 961 and amended Section 17 of Chapter 10.12 of the City of Lake Elsinore Municipal Code on July 27, 1993. This ordinance ratified the City's responsibility as required by AB 408. DISCUSSION The City of Lake Elsinore is a leader among our neighboring cities in that the closest cities found to have adopted penalty rates under AB 408 are the City of Riverside, City of Norco, City of Moreno Valley, City of Poway, City of Escondido, and various other San Diego County municipalities. Many of these cities are already considering fee increases to reflect the necessary mandated assessments and the increased cost of processing. (Exhibit A) Prior to AB 408, the courts handled both lake and parking violations. The penalties collected over the years by the courts for violations within the City are substantially lower than those of other cities. without an increase in penalties, this assumption of state assignments for violation processing, keeping abreast of state guidelines, and adjudicating citizen concerns, could cause a financial shortfall. The intent of the attached Resolution (Exhibit B) is to establish a parking and lake citation enforcement schedule of violations and penalties. The fine amounts are consistent with those cities who have already set in motion the AB 408 process. California Vehicle Code 42001.5 (Disabled Persons Parking) establishes a minimum rate of not less than $250.00, excluding all the necessary assessments, whereby a portion of the penalty collected by the City is to be utilized for the continual improvement and installation of handicap access facilities (Penal Code 1465.5 and 1465.6). FISCAL IMPACT Every violation amount includes a cost recovery system to encompass all ticket processing services, Department of Motor Vehicle, and State and County assessment charges (Government Code Section 76000(b)). RECOMMENDATION Adopt Resolution No. 93 - �_ to establish parking and lake citation enforcement schedules and penalties. PREPARED BY: APPROVED BY: APPROVED FOR AGENDA LISTII .AENDAITE h7:._ _. RAGE OF *AVERAGE OF 18 CITIES - NOT AVAILABLE AGENDA ITEM NO. 3 Z EXHIBIT "A" — PAGE OF LAKE DISTRICT NORCO MORENO SAN DIEG ELSINORE COURTS VALLEY COUNTY* 4000(a) Unregistered Vehicle $50 $135 $75 $30 $50 21211(a) Stopping in bicycle lane $30 $103 $25 $25 $35 Parking unlawfully within 22500 a ( ) intersection $30 $20 $25 $25 $25 22500(b) Parking unlawfully on crosswalk $30 $20 $25 $25 $25 22500 d Parking unlawfully within 15' of fire station driveway $30 $20 $25 $25 $25 22500 a Parking unlawfully, blocking any driveway $30 $20 $25 $25 $27 Parking unlawfully, on a sidewalk $30 $20 $25 $25 $26 9 Far king un aw u y, blocking excavation $30 $20 $25 $25 $27 Parking un aw u y, ou e parking $30 $20 $25 $25 $27 ar ing unlawfully, in posted loading bus loading zone $300 $250 $200 $25 $250 22500(L) Parking unlawfully, blocking sidewalk wheelchair access $300 $250 $250 $325 $275 22500.1 Parking unlawfully, in posted fire lane $50 $20 - $55 $40 22500.5 Prohibit unlawful parking on designated loadin /unloading $30 $20 - $25 $20 22502(a) Veh. parking with rt. wheels 18" from right hand curb $30 $20 - $25 $25 22507.5 Restrict parking/standing of vehicles bet. 2 a.m. & 6 a.m. $30 $20 - - - 22507.8(a) Parking in space designated for the disabled $350 $275 $300 $325 $300 22507.8(b) Obstruct /block disabled Persons Parking space $350 $275 $300 $325 $300 22507.8(c) Unlawful parking by placard & distinguished license holders $350 $275 - $325 $300 22509 Unlawful parking on hill over 3% without blocking wheel $30 - - - - 22514 Parking within 15' of fire hydrant $30 $20 $100 $25 $27 22522 Parking within 3' of a side- walk access ramp $350 $275 $2f.0 $325 $275 265 Circumstances permitting (a -r) vehicle removal $100 - - - - 22658 Unauthorized parking $50 - - $25 - MC10.40 Street sweeping violation $30 $20 - $26 - F- *AVERAGE OF 18 CITIES - NOT AVAILABLE AGENDA ITEM NO. 3 Z EXHIBIT "A" — PAGE OF CITY OF LAKE ELSINORE PARKING AND LAKE CITATION VIOLATIONS PENALTY SCHEDULE Page two Con't Parking Violations Section No. Infraction Fee 22507.8(b) Obstruct or block disabled packing space $350.00 22507.8(c) Unlawful parking by placard & distinguished license plate liolders. $350.00 22509 Unlawful parking on a hill exceeding a 3% grade within any business /residence district without blocking the vehicle wheels against curb or other means. $30.00 22514 Parking withir 151of fire hydrant $30.00 22522 Parking within 3' of sidewalk access ramp $350.00 22651(a -r) Circumstances Permitting Vehicle Removal $100.00 22658 Unauthorized parking $50.00 MC10.40 Street Sweeling'Violation $30.00 AGENDA ITEM NO. �. PAGE OF 4 1 RESOLUTION NO. 93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING PARKING AND LAKE CITATION ENFORCEMENT SCHEDULES AND PENALTIES WHEREAS, the California State Legislature adopted Assembly Bill 408 which became effective on July 1, 1993 providing that any violation of an unlawful standing or parking provision of the law shall be subject to a civil penalty schedule established by the governing body of the jurisdiction in which enforcement occurs. WHEREAS, the City Council at their meeting held July 27, 1993 adopted Ordinance No. 961 implementing AB 408 regarding parking and lake enforcement /violations by the City of Lake Elsinore. WHEREAS, future increases of state and local parking penalty surcharges (Per Government Code Chapter 12 of Title 8 - commencing with Section 76000) are to be effective immediately and implemented for collection and distribution, according to law. BE IT RESOLVED that the City Council of the City of Lake Elsinore, California, hereby establishes parking and lake citation penalty schedules, said penalties being stated in that of which is attached hereto as Exhibit "A" and incorporated herein by reference as is fully set forth. AGENDA ITEM�NO. EXHIBIT "B" — pA , E �__ OF -.4— RESOLUTION NO. 93 PAGE TWO PASSED, APPROVED AND ADOPTED this October 12, 1993, by the following vote. AYES: NOES: ABSENT: ABSTENTIONS: Gary M. Washburn, Mayor City of Lake Elsinore ATTEST: Vicki Lynne Kasad, City Clerk City of Lake Elsinore APPROVED AS TO FORM: John R. Harper, City Attorney City of Lake Elsinore AGENDA ITEM o 3 PAGE �%1 OF e STATE OF CALIFORNIA} COUNTY OF RIVERSIDE} CITY OF LAKE ELSINORE) I, DO VICKI LYNNE KASAD, CITY CLERK of the CITY OF LAKE ELSINORE# CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution being Resolution No. was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at the meeting of said City Council on the 12th day of October, 1993, and that the same was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Executed this 12th day of October, 1993, at Lake Elsinore, California. {SEAL} VICKI LYNNE KASAD, CITY CLERK CITY OF LAKE ELSINORE STATE OF CALIFORNIA AGENDA ITEM. 3 PAGE •J OF 4— CITY OF LAKE ELSINORE PARKING AND LAKE CITATION VIOLATIONS PENALTY SCHEDULE Vehicle Violations Section Infraction Fee No- Parking unlawfully, blocking sidewalk 4000(a) Unregistered Vehicle $50.00 21211(a) Stopping in bicycle lane $30.00 22500(a) Parking unlawfully within intersection $30.00 22500(b) Parking unlawfully on crosswalk $30.00 22500(d) Parking unlawfully within 15 feet of $30.00 22502(a) fire station driveway $30.00 22500(e) Parking unlawfully, blocking any driveway $30.00 22500(f) Parking unlawfully, on a sidewalk $30.00 22500(8) Parking unlawfully, blocking excavation $30.00 22500(h) Parking unlawfully, double parking $30.00 22500(1) Parking unlawfully, in posted bus loading AGENDA ITEM DAMP zone $300.00 22500(i) Parking unlawfully, blocking sidewalk wheelchair access $350.00 22500.1 Parking unlawfully in posted fire lane $50.00 22500.5 Prohibit unlawful parking on spaces designated for the loading /unloading of passengers. $30.00 22502(a) Vehicle parked with right wheels in excess of 18" from right hand curb (exception: motorcycles shall be parked with at least wheel touching right hand curb) $30.00 22507.5 Restrict parking or standing of vehicles on certain streets between the hours of 2 a.m. and 6 a.m. $30.00 22507.8(a) Parking in space designated for disabled $350.00 AGENDA ITEM DAMP