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SR-9-C (2) . q-~ Fe-: !; i.E3 L.. Li FD:CMD:RB:DS:br/srrccamc Council Meetlng: February 161 1993 Santa Monica, California TO: Mayor and Clty Councl1 FROM: Clty Staff SUBJECT: RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE AGREEMENTS TO IMPLEMENT THE ADMINISTRATIVE PROVISIONS OF AB408 AND DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE AMENDING THE SANTA MONICA MUNICIPAL CODE TO CHANGE VARIOUS VEHICLE AND PARKING-RELATED INFRACTIONS TO CIVIL OFFENSES AND REVISE THE AMOUNT OF VARIOUS FINES INTRODUCTION On July I, 1993 AB408 will take effect decrlminallzing parking and varlOUS other vehlcle-related violations I and requiring the City to establlsh an administrative hearing procedure in place of the criminal court system to enforce and prosecute such vlolations. ThlS presents the City with an excellent opportunlty to cooperate wlth some of the Wests ide City Summit members to implement unifled admlnlstratlve procedures and standardlze flnes. This staff report request the Council's approval of these cooperatlve efforts, and requests the Council to direct the city Attorney to prepare an ordlnance to establlsh a schedule of flnes consistent wlth those in place in Beverly Hllls and ~vest Hollywood. BACKGROUND AB408 provides that any violatlon of an unlawful parking or related vehlcle law is to be subject to a C1Vll rather than a crlminal flne schedule established by the governlng body of the 9-(!.. - 1 - ~ ~ ~~~~3 fr-r- ---- - jurlsdlctlon which issues the vlolation, and that enforcement of the fine shall be governed by a CiVll procedure which includes an admlnistrative lnvestigation and review and judiclal appeal process. AB408 further requlres each issuing )urisdlction to enter lnto an agreement with the court that has been lnvolved in the processing of notices of parking and vehicle-related violations for the orderly transfer to the lssulng jurisdiction of the processlng responsibility no sooner than July 1, 1993, but no later than January 1, 1994. IMPLEMENTATION OF AB408 staff sees lmplementatlon of AB408 as a unique opportunlty to reduce the costs of processing parking citatlons through multi-jurisdlctional cooperatlon and standardizatlon, while enhancing service to the publlC. For the past several years, the cities of Santa Monica, Beverly Hllls and \-.Jest Hollywood have had a cooperative arrangement to use a common data base such that the administratlon of the scofflaw/vehlcle booting program has been facilltated. Contlnuatlon of this cooperative effort and possible expansion to include the Clty of Culver City is expected to further reduce admlnlstratlve costs and lmprove the efficiency of program operations. Cooperatlve implementation of AB408 by these Wests ide Summit cities wlll also improve service to the public. cltizens wishing to have thelr violatlon revlewed would be able to follow - 2 - -- --- - - conslstent procedures In all participating cltles. Use of the same admlnlstrat1ve hearing off1cers following common gU1delines to process and deClde upon review requests will increase citizen acceptance and comfort with the new procedure. Use of consistent flne schedules will reduce citizen confusion, ease processing of violatlons, and reduce administrative costs. staff have therefore begun dlSCUSSlon with the cities of Beverly Hllls, West Hollywood and Culver city to jointly implement the provislons of AB408. Staff have also begun discussions with the Santa Monlca Municlpal Court to transfer responsibilities to the city by July 11 1993. REVISIONS TO THE CITY'S MUNICIPAL CODE To implement AB408, it is necessary that the Council direct the city Attorney to prepare an ordinance which includes the followlng changes to the city's Municipal Code: 0 Change all references to 1I1nfract1onsll in the Mun1clpal code, Chapter 3 , Public Safety, Sections 3.04.010 through 3.16.310 to IICiVll offenses." This 1S necessary due to AB408/s decriminallzation of parklng and varlOUS other veh1cle-related violat1ons. 0 ReVlse current bail amount to reflect those now used by the cities of Beverly Hills and West Hollywood. The new CiVll penalties are to be effective July 11 1993. The C1ty/S current bail schedule was adopted ln 1980 and 1981. As a result, the Clty'S bail schedule lS slgn1ficantly less - 3 - . . than the amounts charged by Beverly Hills and West Hollywood. The significantly lower fines charged by the City may In- advertently encourage vlo1atlon of the law. An increased C1Vl1 flne schedule consistent wlth the schedules of these cities will eliminate this problem, clarify the publlC'S understandlng of the consequences of violating the law, facilltate implementation of the adminlstrative provisions of AB408, and encourage a more cost-efficient joint processing of parklng and related vehicle violations. Staff understands that the Clty of Culver Clty lS also considering adopting a similar flne schedule. The Clty'S current bail amounts are $10.00 and $25.001 plus $5.00 for the state-required Courthouse construction Fund. To be consistent with Beverly Hills and West Hollywood, C1Vll fines should be $18.00 to $33.001 plus the state-required $5.00 Courthouse Construction Fund amount. In order to be consistent with surroundlng Jurisdictions, the penalty for late payment should also increase from the current amount of $20.00 to a minimum of $30.00 or an amount equal to the civil flne plus the state-required $5.00 Courthouse Fund amount. 0 Include various California Vehicle Code sections as Municipal Code violations wlth speclfled C1Vll fines. AB408 also speclfies that fines for the following sections of the California Vehlcle Code are to be established by the lssulng jurisdiction: 22500A (parked ln any lntersectlon) ,22500B (parked in any crosswalk), 22500D (parked - 4 - . . wlthln 15 feet of a flre station) , 22500E (parked in front of private or public driveway) I 22500F (parked on sidewalk) , 22500G (parked to obstruct trafflc), 22500H (double parking), 22502A (parked within 18 inches of curb), 22514 (parked within 15 feet of fire hydrant) , and 22515 (vehicle wlthout driver while engine is running) . Current bail amounts are $10.001 $20.00 or $25.00 and would be increased to $28.00 or $33.00. 0 Specify that the admlnlstrative fee (currently set at $3.00) charged by the Department of Motor Vehicles to place a vehicle registration on hold for non-payment of a violation be the responslblllty of the violator, and authorlze the Clty to increase the vlolator's flne accordlngly. CurrentlYI this administrative fee is pald by the city. To be consistent wlth the cltles of Beverly Hllls and West Holly- wood, and ln the lnterests of equltYI thlS payment should be the responsibility of the violator who has failed to pay his/her fine. It should not be paid by taxes derlved from cltizens of the city. 0 Speclfy that a Clty parking permlt shall not be lssued until all outstandlng parking citations are pald. This provlslon wlll encourage vlolators to pay thelr outstand- ing parklng cltatlons. BUDGET AND FINANCIAL IMPACT Revlslng the current fine amounts to those conslstent wlth the citles of Beverly Hllls and West Hollywood would lncrease City - 5 - - . ~ . revenues by approximately $2.2 million. Such an increase would ass 1st the City in replacing a portion of the estimated $5.5 million 1n Property Taxes the Governor has proposed be shlfted to the schools. Related adm1nlstratlve costs will be incorporated in the proposed FY 1993-94 budget. RECOMMENDATION It 1S recommended that the Council: -- Authorize the city Manager to negotiate and execute appropriate agreements \o>llth the Santa Monica Municipal Court and Wests ide City Summit members to implement jointly the administrative provisions of AB408. -- Dlrect the City Attorney to prepare an ordinance amending the C1ty/s Municipal Code to change various vehlcle and park1ng-related lnfractions to civil offenses, incorporating the other substantive changes outllned in this report, and revls1ng the amount of fines to be consistent w1th those used by the citles of Beverly Hllls and West Hollywood. Prepared By: Mike Dennls, Director of Finance Ralph Bursey, C1ty Treasurer/Revenue Manager Debby Sowers, License, Permit and Parklng Citation Processing Supervlsor - 6 -