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AGENDA
SPECIAL MEETING/WORKSHOP OF THE CITY COUNCIL
AND THE REDEVELOPMENT AGENCY
AZUSA LIGHT AND WATER TUESDAY, JUNE 1, 2004
729 NORTH AZUSA AVENUE 6:30 P.M. (or immediately
following the Utility Board
Special Meeting)
L PRELIMINARY BUSINESS
• Call to Order
• Pledge to the Flag
• Roll Call
II. PUBLIC PARTICIPATION - Please note that public comments are welcomed by recognition of
the Chairperson.
IIL CITY COUNCIL AGENDA ITEM
A. Report on Vehicle Parking Enforcement Issues and Potential Municipal Code Changes.
Recommendation: There is no recommendation. This report is for informational purposes
only.
B. Request by Councilmember Hardison to be appointed as Staff Liaison to Vulcan Materials
Development Agreernent. Recommendation: Conduct discussion.
C. Request by Councilmember Rocha for Commemorative Event for Commissioner BeverN
Riper. Recommendation: Conduct discussion.
IV. REDEVELOPMENT AGENCY AGENDA] TEM
A. Review of Redevelopment Agency Purchasing Authority. Recommendation: Information
only.
B. Review of Issuance of Redevelopment Bonds. Recommendation: Information only.
V. ADJOURNMENT
A. Adjourn.
DATE:
TO:
RE:
The City of Azusa
MAY 27, 2004
MEMBERS OF THE CITY COUNCIL OF THE CITY OF AZUSA
NOTICE OF SPECIAL MEETINGS
to be held on TUESDAY, JUNE 1, 2004, at 6:30 p.m., at the Azusa Light and Water
Department, located at 729 N. Azusa Avenue, Azusa, California, for the purpose of:
UTILITY BOARD WORKSHOP:
1. Workshop on Policies Regarding San Gabriel River Projects.
CITY COUNCIL WORKSHOP
1. Discussion on a Report on Vehicle Parking Enforcement Issues and Potential Municipal
Code Changes.
2. Discussion regarding Councilmember Hardison to be appointed as Staff Liaison to
Vulcan Materials Development Agreement.
3. Request by Councilmember Rocha for Commemorative Event for Commissioner
Beverly Piper.
REDEVELOPMENT AGENCY WORKSHOP:
1. Review of Redevelopment Agency Purchasing Authority.
2. Review of Issuance of Redevelopment Bonds.
DATED: May 27, 2004
VERA MENDOZA
CITY CLERK
INFORMATIONAL ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: DAVE RUDISEL, COMMUNITY IMPROVEMENT MANAGER
VIA: ROY BRUCKNER, COMMUNITY DEVELOPMENT DIRECTOR
SAM GONZALEZ, CAPTAIN
ROBERT PERSON, ACTING CITY MANAGER a6i�'
DATE: JUNE 1, 2004
SUBJECT: REPORT ON VEHICLE PARKING ENFORCEMENT ISSUES AND
POTENTIAL MUNICIPAL CODE CHANGES
RECOMMENDATION
There is no recommendation. This report is for informational purposes only.
BACKGROUND
For the past several months staff has made a concerted effort to review existing
parking regulations, and to what extent, if any, the regulations could be updated. For
purposes of analysis, staff posed the following questions to the City Attorney:
1. [Vehicles with "For Sale" signs] In light of Burkow v. City of Los
Angeles and People v. Moon, is California Vehicle Code, § 22651.9, which allows a
city to cite and/or tow vehicles parked on public streets with "For Sale" signs, a valid
State regulation in which a City can rely upon to regulate such activity?
2. . Can the City regulate parking of vehicles and/or equipment,
including unattended boat trailers or commercial construction equipment, on public
property?
3. Can the City regulate parking of vehicles and/or equipment,
including unattended boat trailers or commercial construction equipment, on private
property?
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4. Can the City attach a "fee for service" to parking fines issued in
the City for purposes of recovering costs associated with parking enforcement
including; costs associated with personnel, equipment, materials, curb painting, sign
posting, and related maintenance costs?
In response to these questions, the City Attorney's Office, through Gregory Powers,
Esq., has responded with the following:
BRIEF ANSWERS
1. Because Vehicle Code, § 22651.9 is considered to be valid law,
yet is in conflict with the courts' holdings in Burirow and Moon, it is questionable
whether a City may rely on this State law in enforcing prohibitions against parking on
public streets for purposes of advertising the sale of a vehicle without triggering a
successful constitutional challenge. Because the law is in conflict on this issue, the
City can presently adopt and enforce vehicle "For Sale" sign regulations pursuant to
sec. 22651.9, but may also at the same time run the risk of being successfully
challenged on constitutional grounds, at least until such time that the courts and/or
Legislature clarify this issue.
2. Pursuant to the judicial interpretation of State law, the City can
restrict or prohibit parking of recreational and commercial vehicles and equipment
that meets the definition of "vehicle" under the Vehicle Code, on public streets and
highways.
3. The City may generally prohibit the parking of particular categories
of vehicles on private property for public health purposes. However, with regard to
commercial vehicles and equipment parked on private property, the courts have been
somewhat reluctant to uphold restrictions on vehicles and equipment linked to
individual livelihoods.
4. The City likely can attach a "fee for service" onto parking fines,
but only if (a) the combined total amount for the fine and the fee do not exceed the
maximum penalty amount provided under State law, and (b) the fee for service
amount does not exceed the reasonable amount needed to defray costs. However,
Azusa Municipal Code, sec. 2-469 already provides the City with express authority to
recoup 100% of its parking enforcement costs.
STAFF COMMENTS
Based on the foregoing, staff can amend existing parking regulations to
prohibit or restrict specific types of vehicles on public right-of-ways. More specifically
the codes can be amended to prohibit or restrict the following:
1. Prohibit the parking of trailers or towed equipment on public streets
that are not attached to a vehicle based on public safety concerns. This would be
inclusive of all non -motorized vehicles and would include all travel trailers, all towed
special equipment such as concrete pumping equipment, all construction equipment
trailers, all boat trailers, and all other forms of trailers or equipment that are not
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attached to a vehicle. Regulation could be accompanied by a permitting system that
' would allow short term parking during the course of construction, or to accommodate
short-term use based on various circumstances.
2. Prohibit the parking of any vehicle over six (6) feet in height within
100 feet of an intersection on public streets. Regulation would prohibit any vehicle
over six (6) feet in height, as measured from the ground to the highest portion of the
vehicle (including any load) from parking within 100 feet of any intersection.
Regulation would tend to provide better visibility of traffic signals, stop signs,
bicyclists, and pedestrians approaching an intersection.
3. Prohibit parking of any vehicle on public city streets between the
hours of 2 a.m. and 6 a.m. If enacted, this would essentially have the effect of
prohibiting overnight parking, as vehicle owners would have to move their car at 2
a.m. to remain in compliance with the prohibition. The regulation could be tailored to
(1) restrict parking to no more than 30 minutes between the hours of 2:00 am and
6:00 am in the morning, (2) provide for "preferred parking" of vehicles of residents in
neighborhoods that do not have adequate off-street parking, (3) could exempt
vehicles displaying "Disabled Placards", and/or (4) provide a means to accommodate
and permit short-term overnight parking by visitors. Regulation tends to curb the
presence of abandoned vehicles on public streets, may help reduce vehicle vandalism
and auto burglary, provides improved street sweeping during restricted hours, and
would deny long-term use of a street by a vehicle parked for sale.
4. The new Zoning Code, currently in a draft form, will prohibit or
restrict the following on private property per Assistant Community Development
Director, Lawrence Onaga:
A. Will prohibit RV storage within the front setback area in a residential zone.
B. In Residential Zones, will restrict the parking of commercial vehicles on
private property to no more than three hours except:
1. While loading or unloading goods and materials and the time
required to complete the work exceeds the three-hour period; or
2. When the vehicle is parked in connection with and in aid of providing
a service to or on a property in the block in which the vehicle is parked and time in
addition to the three-hour period is necessary to complete the service.
C. In Commercial/Industrial Zones will allow a commercial vehicle to be parked
on private property only when .the vehicle is parked in connection with and is owned
or leased by an approved business in a neighborhood center, corridor, or district, or
when the vehicle is loading or unloading goods in connection with a business and is
parked for 48 hours or less.
5. In terms of cost recovery for parking enforcement, the city currently
spends an estimated $133,579 based on information provided by Capt. Gonzalez, to
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enforce parking regulations under both the Vehicle Code and local ordinance, and an
estimated $36,000 annually on regulatory signs and curb markings via Public Works,
per Public Works Director, Bill Nakasone. The city currently issues approximately
$225,000 per year in Parking Citations, and collects approximately $110,000 to
$140,000 in actual fines paid per Azusa Police Captain, Sam Gonzalez. The combined
cost of Police and Public Works is estimated at $170,000 annually. The current fine
schedule was adopted in 1993 and is based on the fine schedule in effect in 1987.
Parking fines have not increased since 1987, while costs of enforcement have
increased approximately 70%. The current fine structure does not contain an
enforcement fee component. However, the Municipal Code does provide for 100%
cost recovery, but this is subject to the maximum amount allowed under State law. A
survey of surrounding Police agencies last year revealed that they too have not
adjusted parking fines since the early 1990's. It is possible to adopt a revised "Parking
Fine Bail Schedule" by Resolution of the Council to either incorporate a fee
component, or increase the fines to incorporate a portion of the enforcement cost,
however the amounts could not exceed the maximum penalty amount allowed under
State law, and may not exceed the amount required to offset costs of enforcement.
ExiSTING PARKING VIOLATIONS AND FINE STRUCTURE
Based on a review of the Vehicle Code, as well as surrounding agencies
and the current "Parking Violation Bail Schedule" adopted in 1993, the following table
was developed and depicts those code sections that the City of Azusa currently
enforces. The section(s) for which "N/A" appears denotes that the City of Azusa has
not adopted a Bail Amount.
Violation Description Azusa
4000 (a) V.C. Registration Required $55.00
5200 V.C. Display of License Plates Required
N/A
5201 V.C. Position of Plates . N/A
5204 (a) V.C. Failure to Display Tabs $65.00
21113 (a) V.C. Public Grounds Parking Regulations
N/A
22500 (a) V.C. Parking, standing, stopping in intersection
N/A
22500 (b) V.C. Parking, standing, stopping on a crosswalk
N/A
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22500 (c) V.C. Parking, standing, stopping in a safety zone
N/A !
22500 (d) V.C. Parking, standing, stopping within 15 ft of entrance to Fire Station
N/A
,
22500 (e) V.C. Parking, standing, stopping in front of driveway
N/A
22500 (f) V.C. Parking, standing, stopping on a sidewalk I
N/A
22500 (g) V.C. Parking, standing, stopping by highway excavation
N/A
22500 (h) V.C.
Double Parking
N/A
22500 (1) V.C.
Parked in bus loading zone*
$255.00
22500 Q) V.C.
Parked in tunnel
N/A
I
22500 (k) V.C.
Parking, standing, Stopping on a bridge
i
N/A
22500 (1) V.C.
Blocking disabled access ramp
N/A
I
i
22500.1 V.C.
Parking in Fire Lane
$55.00
22502 (a) V.C.
Parking more than 18 inches from the curb
i
!
$30.00
t
22502 (e) V.C.
Curb Parking - One-way Roadway
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N/A I
22504 (a) V.C.
Unincorporated Area Parking
N/A
22505 (b) V.C.
State Highway Parking
N/A
22506 V.C.
Stopping, standing, or parking on State Hwy in violation of local
regulation
N/A
,
,
{
5
22507.8 (a) V.C. Parking in Space for Disabled on Street
22507.8 (b) V.0 Obstructing or Blocking Space for Disabled
22514 V.C. Parking within 15 feet of Fire Hydrant
22515 V.C. Vehicle left unattended on highway
22516 V.C. Locked vehicle no passenger escape
22517 V.C. Vehicle door open to on -coming traffic
22521 V.C. Parking on or 7 1/2 feet within of railroad track
22522 V.C. Parking on or within 3 ft of sidewalk access ramp*
1 1.28.020 AMC Parking in parkways prohibited
1 1.28.040 (1) AMC No parking/display for sale
1 1.28.040 (2) AMC No parking for washing/repairs
1 1.28.050 AMC Parked more than 18" from curb
1 1.28.070 AMC Not parked within painted lines
1 1.28.080 AMC Parking adjacent to school where prohibited
1 1.28.100 AMC Parking prohibited by signs/markings
1 1.28.1 10 AMC Posted temporary no parking
11.28.130 (1) AMC No parking/red curb
0
$ 330.00
N/A
$30.00
$ 30.00
N/A
N/A
N/A
N/A
$20.00
$55.00
$ 20.00
$30.00
$ 20.00
$20.00
$30.00
$ 30.00
$ 30.00
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1 1.28.130 (2) AMC Restricted parking yellow curb
11.28.130 (3) AMC Restricted parking white curb
1 1.28.130 (4) AMC Restricted parking green curb
1 1.28.140 AMC No parking in alley
1 1.28.160 AMC No parking bus zone
1 1.28.170 AMC Parking limited or restricted
1 1.28.190 AMC Improper angle parking
1 1.28.210 AMC Two hour parking on certain streets
1 1.28.220 AMC Parking wrong way on one way street
1 1.28.230 AMC Parking prohibited when posted
1 1.28.240 AMC Handicapped parking on city streets
1 1.28.241 AMC Handicapped parking city facility
1 1.28.250 AMC Parked on private property without consent
1 1.28.260 AMC Parked for sale on private property without written consent
1 1.36.101 AMC Parked off truck route
19.48.090 AMC Parking on front yard prohibited
19.48. 100 AMC Parking/storage vehicle on property of another
7
$15.00
$15.00
$15.00
$20.00
$255.00
$30.00
i
$ 20.00
$ 30.00
$20.00
i
$30.00
$330.00
$330.00
$ 30.00
$ 55.00
i
$ 55.00
$30.00
$55.00
The existing "Parking Fine Bail Schedule" does not reflect revised code
numbering under the current Zoning Code and should be revised following adoption
of the new proposed Development Code.
FISCAL IMPACT: Depending on what direction is provided by Council, additional
costs will be incurred as a result of additional sign requirements, a potential need for
additional police personnel, and added costs for equipment. Additional costs may be
offset to some degree by increased parking fines, or the addition of a cost recovery
component.
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