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SR-104-084 (4) City Council Meeting: August 1, 2000 To: Mayor and City Council From: City Staff Subject: Resolution Placing a Measure on the Ballot to Amend the City Charter as it Pertains to Fines Introduction This report recommends that the City Council adopt Resolutions placing a measure on the November 2000 ballot to amend the City Charter as it pertains to fines. Background At the request of the City Council staff determined that the City Charter limits monetary penalties for misdemeanors to $500. The Charter is silent on the issue of civil or administrative fines. Consequently, the $500 limit may be construed to apply. The $500 dollar limit appeared in the 1907 Charter and it is apparent that the deterrent affect intended by the framers has severely eroded over the ensuing years. The City Treasurer estimates that the present value of 1907’s $500 would be $9500. At the meeting of July 25, 2000, the City Council discussed placing a measure on the ballot to amend the Charter as it pertains to fines. Council directed staff to return with alternative propositions: one amending the Charter to make it possible to exempt civil fines from the current limit and the other to exempt from the $500 limit only those fines imposed for violations of Santa Monica Airport noise regulations. 1 Elections Code Section 9255(a)(2) provides for submittal to the voters of charter amendments proposed by the governing body of a city on its own motion. In accordance with Council direction and the Elections Code, staff prepared the Resolutions contained in attachments to this report. The Resolutions included pose the “Shall the City Charter be amended by adding language explicitly question exempting civil fines from the $500.00 limit applicable to criminal penalties for Municipal Code violations?” Should Council prefer, alternative propositions are presented and discussed below. Discussion The limit on fines currently imposed by the Charter came to the attention of the City Council in relation to violations of the noise regulations for the Santa Monica Municipal Airport. Concern about noise violations runs high in the neighborhoods that surround the airport and residents are concerned that no effective deterrent now exists. A $500 fine is unlikely to occasion a change in behavior by pilots of corporate owned jets that violate the noise regulations. A recent survey indicates that fines range higher at other airports. While the instant concern relates to airport regulations, the ability to establish and adjust fines in relation to contemporary challenges and economic conditions is important enough to consider a general rather than an airport-specific Charter amendment. Still, voters may be concerned that removal of the Charter limitation on fines would result in 2 imposition of unrealistic fines by a City Council. That is unlikely to occur. The courts routinely signal when they find fines unreasonable and setting a rational fine increases the likelihood of successful prosecution. In addition, the establishment of administrative fines is generally preceded by a survey of other municipalities to gauge common practice. Staff prepared two alternatives to the broader proposition posed in the attached Resolutions. In response to the specific Council direction regarding an alternative that treats only those fines relating to Airport noise, the proposition would read as follows: “Shall the City Charter be amended by adding language explicitly exempting civil fines for Airport noise violations from the $500.00 limit applicable to criminal penalties for Municipal Code violations?” A third alternative that would address the similar concerns of residents who are not airport adjacent but who are subject to other noise and nuisance conditions would read : “Shall the City Charter be amended by adding language explicitly as follows exempting civil fines for noise violations and other nuisances from the $500.00 limit applicable to criminal penalties for Municipal Code violations?” . Should Council determine to adopt one Resolutions, the ballot arguments will be due on thth August 14 and rebuttals will be due on August 24. 3 Budget/Financial Impact The budget/financial impact of a Charter amendment is difficult to estimate. Fines would likely be reviewed periodically or on an as-needed basis. Although increases in the fines could result in higher revenue, that could be minimized if the intended deterrent effect of the fines is in fact realized. Recommendation It is recommended that the City Council adopt the necessary Resolutions to place the preferred proposition on the November 2000 ballot. Prepared by: Susan E. McCarthy, City Manager Attachments: A. Resolution Submitting Proposed Amendment To City Charter To The Voters. B. Resolution Requesting Board Of Supervisors To Consolidate Election. C. Resolution Requesting Board Of Supervisors To Render Election Services D. Resolution Authorizing Councilmembers To File Written Arguments. 4