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.
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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
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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
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August 14 and rebuttals will be due on August 24.
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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.
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