TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
George Gabriel, Assistant to the City Manager
Patricia Matson, Management Analyst
SUBJECT:Title
Consideration of:
a) Introduction and First Reading of Ordinance No. 24-0005 to Require a Parking Permit for Oversized Vehicles;
b) Oversized Vehicle Permit Fee; and
c) Fines for Violations of Ordinance No. 24-0005
(City Manager Moe).
(Estimated Time: 45 Mins.)
A) INTRODUCE ORDINANCE NO. 24-0005
B) PROVIDE DIRECTION AS TO OVERSIZED VEHICLE PERMIT FEES
C) PROVIDE DIRECTION AS TO FINES FOR VIOLATIONS
Body
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RECOMMENDATION:
Staff recommends that the City Council discuss and consider a variety of actions related to the parking of oversized vehicles including:
1. Introducing Ordinance No. 24-0005 amending Chapter 14.46 of the Manhattan Beach Municipal Code (MBMC) to prohibit the parking of oversized vehicles at any time without a permit;
2. Establishing a cost recovery fee for review of oversized vehicle permits; and
3. Specifying fines for violations of Ordinance No. 24-0005, starting at $53 for the first violation.
FISCAL IMPLICATIONS:
If City Council chooses to introduce Ordinance No. 24-0005, there will be costs associated with the implementation of the proposed permitting program that is detailed within the draft ordinance.
Signage will need to be placed at the 35 locations around the perimeter of the City prohibiting the parking of oversized vehicles or trailers without a permit. An additional 35 signs are currently in place around the perimeter of the City regarding the prohibition of detached trailers. Staff may have to replace this signage to ensure conformance with the Ordinance being considered by the City Council. The estimated cost to produce 70 signs is $2,100.00, at approximately $30 per sign.
An additional fiscal consideration is the cost to manufacture the resident permits themselves, which is estimated at $5.00 per permit. Staff time dedicated to the review of applications and issuance of permits has been incorporated into the proposed cost of the permit and will be discussed later in the staff report.
BACKGROUND:
At the October 3, 2023, meeting, Mayor Pro Tem Franklin and Mayor Montgomery requested to discuss updating the City’s Municipal Code regarding the overnight parking of oversized vehicles. At the October 17, 2023, meeting, City Council directed staff to provide a comprehensive report with options as to whether to update the City’s Municipal Code regarding overnight parking of oversized vehicles.
At the January 16, 2023, meeting, City Council received a report (attached) regarding the City’s current regulations, suggested parameters for a potential permit program in Manhattan Beach, and a reference guide comparing the oversized vehicle parking programs of our neighboring cities. City Council directed staff to return with a draft ordinance for review, which would require a parking permit for oversized vehicles.
Current Regulations
Consistent with state law, the Municipal Code defines an oversized vehicle as any vehicle, or combination of vehicles, which exceeds 22 in length, seven feet in width or eight feet in height, state law.
Chapter 14.46 provides that the stopping, standing, parking or leaving of an oversized vehicle or trailer is prohibited at any time upon any public street, alley or highway in an area designated by the City. Staff identified 35 parking signs prohibiting oversized vehicles along Valley Drive near the areas of the Joslyn Community Center and Live Oak Park (11 signs); around the perimeter of Pacific Elementary School (16 signs); along Bell Avenue near Grand View Elementary School (5 signs); and on 18th Street just off of the east side of Sepulveda Blvd (3 signs). While not the subject of this draft ordinance, the City also prohibits the parking of non-motorized vehicles or detached trailers on City streets. The attached map shows the location of the 35 signs regarding oversized vehicles, plus the location of the perimeter signs that could be modified depending on whether the Council requires a permit for oversized vehicles.
It is important to note that if City Council moves forward with the ordinance, all existing signage prohibiting the parking of oversized vehicles and trailers in certain areas will remain in place and in full effect.
The proposed update to the Municipal Code does not change the authority of the Police Chief or City Traffic Engineer to prohibit the parking of oversized vehicles or trailers in certain areas, if deemed necessary. If new locations are designated, signage would need to be posted prior to the prohibition in new areas going into effect.
DISCUSSION:
In response to City Council’s direction, staff has drafted an ordinance that requires a permit for the parking of oversized vehicles within the City, subject to certain exceptions.
As part of the proposed amendment to the City’s Municipal Code, staff has updated the definition of Oversized Vehicle to incorporate trailers rather than having a separate definition of trailer.
The draft ordinance allows residents to obtain: permits for their own oversized vehicles; and a permit for a guest or a resident’s rented oversized vehicle or trailer. All permitted oversized vehicles must be associated with a residence in the City.
Permit Program
The following summarizes the parameters of the proposed permit program (see full text of the attached ordinance for complete regulations):
Criteria
A resident or their out-of-town guest with any vehicle or combination of vehicles that exceeds twenty-two feet in length, or seven feet in width, or eight feet in height, must have a valid oversized vehicle permit in order to park on a City street.
Application
The following information would be requested of the resident applying for a permit:
Resident Permit:
o Name, address, phone and e-mail of registered owner of the oversized vehicle.
o Name, address, phone number, and e-mail of the applicant for the permit, if different than the registered owner.
o Proof that the applicant is a Manhattan Beach resident. Acceptable proof of residency must be current and must include either a California driver’s license or California identification card and either a property tax bill, public utility bill, or a current residential rental or lease agreement.
o Proof of current vehicle registration from the California Department of Motor Vehicles, or equivalent agency in another state, for the oversized vehicle. Vehicle license number, license state, make, model, year, color, and vehicle length, width, and height.
o Payment of the permit fee.
o Any other information the City deems necessary for administration of the program.
Guest Permit:
o Name, address, phone number, and e-mail of the Manhattan Beach resident that is hosting the guest (if applicable).
o Name, address, phone number, and e-mail of the applicant for the permit.
o Name, address, phone number, and e-mail of the registered owner or renter of the designated oversized vehicle.
o Proof that the applicant is a Manhattan Beach resident. Acceptable proof of residency must be current and must include either a California driver’s license or California identification card and either a property tax bill, public utility bill, or a current residential rental or lease agreement.
o Proof of current vehicle registration from the California Department of Motor Vehicles, or equivalent agency in another state, for the oversized vehicle.
o Vehicle license number, license state, make, model, year, color, and vehicle length, width, and height
o Dates for which permit is requested.
o Payment of permit fee.
o Any other information the City deems necessary for administration of the program.
Issuance of Permit
Once the application is reviewed and approved, each type of permit would be issued the following ways:
• Resident Permit: the applicant would receive an email notification that their permit is ready for pick-up.
• Guest Permit: the applicant would receive an email notification that their permit is available for printing. A resident would then be able to proceed with printing their 72-hour permit for the dates requested.
Permit Fee
In order to obtain 100% cost recovery for review and issuance of permits, staff has estimated the following cost per permit:
• Resident Permit - $65.00 (annual)
• Guest Permit - $45.00
Draft Resolution No. 24-0035 is attached for informational purposes. If City Council proceeds with first reading of Ordinance No. 24-0005, the fees and associated resolution will be considered for adoption concurrently with second reading and adoption of the ordinance. Additionally, the fees will be included as part of the City’s upcoming cost recovery and fee study later in the calendar year.
Duration of Permit
• Resident Permit - valid for a maximum one year, or a portion thereof, with an annual expiration date of September 30. Residents can reapply annually.
• Guest Permit - valid for 72 hours
Permit Limits
As drafted, the ordinance does not limit the number of permits issued to the same household. The Council may want to consider establishing a maximum number. As drafted, a single household may receive a maximum of four guest permits within 12 months, and a single household may not request guest permits for multiple guests at one time. Once again, staff seeks direction on such limit.
Restrictions
• Permit holders may park on any street unless otherwise prohibited by signage, other markings, or if it presents a traffic or safety concern to pedestrians or other drivers, as determined by the Police Department.
• No oversized vehicle shall occupy more than one marked parking space.
• Issuance of a permit does not allow the holder to utilize hook-ups.
• The oversized vehicle must be attached to a motor vehicle that is capable of moving said oversized vehicle at all times.
• Permit holders will need to comply with posted street sweeping restrictions.
• Permit holders will pay any applicable parking meter charges while occupying a metered parking space.
Enforcement
• Permit holders will abide by MBMC Section 14.36.060 and cannot park in the same location for a period exceeding 72 consecutive hours.
Penalties for Violations
Ordinance No. 24-0005 authorizes violations of the ordinance to be treated several ways, depending on the nature of the violation. If City Council proceeds with first reading of Ordinance No. 24-0005, a resolution amending the penalty schedule and specifying fines for parking violations of oversized vehicles will be presented for adoption currently with second reading and adoption of the Ordinance. A draft Resolution No. 24-0036 is attached for information purposes. The draft Resolution’s parking fines are:
o Parking of non-motorized vehicles and trailers on City streets (§14.36.180) - $149.00
o Parking in a restricted oversized vehicle area (§14.46.080) - $149.00
o Parking of Oversized Vehicle without a Permit (§14.46.020) - $53.00.
In addition, the draft Ordinance treats the following violations as misdemeanors:
• Any person who displays fraudulent, forged, altered, or counterfeit permit as well as any person who assigns, transfers or uses a permit issued for any consideration.
• Any person who forges, alters, or counterfeits an oversized vehicle or trailer parking permit.
• No person shall assign, transfer or use a permit issued pursuant to this Chapter for any consideration, monetary or otherwise.
Pursuant to the draft Ordinance and existing provisions in the Municipal Code, theCity has the discretion to treat such misdemeanors as an infraction, or an administrative violation where an administrative citation is issued.
Finally, oversized vehicles stopped, parked or left standing on a public street, alley or highway in violation of the ordinance may be removed immediately pursuant to Vehicle Code Section 22651.
Staff Time and Resources
Staff intends to utilize the City’s existing permitting software, EnerGov, to create an electronic submission/review process for the oversized vehicle permit program. Several departments would be involved in the creation and implementation of the permit program.
Creation
Staff from Information Technology, Finance, Community Development, Police Department and Management Services would be involved in the creation of the electronic workflow of the permit program.
Maintenance
Information Technology staff would assist with any technical maintenance that may arise with the software.
Implementation and Issuance
Staff from Community Development and Finance will review every permit application that is submitted to ensure all application requirements are met. Finance will approve and issue the permit.
Enforcement
The Police Department will enforce the program and will issue citations when necessary.
CONCLUSION:
Staff recommends that the City Council discuss and introduce draft Ordinance No. 24-0005.
If Ordinance No. 24-0005 is introduced, it will return for a second reading and adoption with the associated fee and fine resolutions. The ordinance would become effective 31 days after adoption, however, the permit program would not begin until October 1, 2024. This will allow staff ample time to internally create and test the permit program, order and install signage, order the necessary permits, and conduct public outreach to notify the community of the change to the City’s Municipal Code. The prescribed permit program regulations would not be fully enforced for an additional 90 to 180 days after the start date of the permit program to allow the Police Department time to provide additional warnings and education to the public while out in the field.
PUBLIC OUTREACH:
If Ordinance No. 24-0005 is adopted, staff will conduct significant outreach to notify the community regarding the new regulations and process for obtaining permits.
ENVIRONMENTAL REVIEW:
The City Council’s adoption of a permitting program for oversized vehicles and trailers has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), the common sense exemption (formerly the “general rule”) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question can have a significant effect on the environment, the activity is not subject to CEQA, as is the case with the adoption of this permitting program.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENT
1. Ordinance No. 24-0005
2. Resolution No. 24-0035 - Permit Fee
3. Resolution No. 24-0036 - Specifying Fines
4. Map - Oversized Vehicle and Detached Trailer Parking Sign Locations
5. Neighboring Cities Oversized Vehicle Comparison
6. Staff Report - January 16, 2024
7. PowerPoint Presentation