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HomeMy WebLinkAboutAGENDA REPORT 1998 0916 CC REG ITEM 10FAgenda Report City of Moorpark TO: The Honorable City Council FROM: Kirk J. Evans, Sr. Management Analyst DATE: September 1, 1998 (Council Meeting 9/ '6/98) 9'5a , -3(--7- ITEM 10 • f�* ClfY OF :NIOORPARK, C:ALIi'UItNL% City Council Mecting of b __ ACTION: kkrroV ed. Cifa - _ SUBJECT: Guidelines Regarding Issuance of Permits for Temporary Exemption of Street Sweeping Parking Restrictions EXECUTIVE SUMMARY This presents for consideration a change to the guidelines for temporary exemption of street sweeping parking restrictions to allow issuance of exemption permits to owners of inoperable vehicles for a period not to exceed three (3) days. DISCUSSION A. Background On November 3, 1993, the City Council adopted resolution 93 -985 establishing the citywide street sweeping parking restriction program. On May 3, 1995, the City Council adopted resolution 95 -1121 which allowed the Public Works Department to issue parking permits to allow for the temporary waiver of street sweeping parking restrictions. The criteria approved for issuing these permits included the following: 1. parking of contractor vehicles necessitated to accomplish home repairs, 2. moving vans, 3. medical problems which prevent the owner from moving his/her vehicle Although considered at the time, the City Council did not approve inoperative vehicles as a cause for issuing a temporary permit. () QA 4 () Temporary Exemption of Street Sweeping Parking Restrictions Page 2 B. Temporary Exemption Permits and Citation Appeals Staff has adhered to the approved criteria established May 3, 1995, and has not issued permits for the temporary exemption of street sweeping parking restrictions due to inoperative vehicle condition. Based on this established criteria, staff has also conducted initial reviews of parking citation appeals. Permits that allow for the temporary exemption of street sweeping parking restrictions are not issued for disabled vehicles, therefore citation appeals based on inoperative vehicle condition are not granted. Over the course of the past six months, the Sr. Mgmt. Analyst has conducted initial reviews of all appeals on parking citations issued by the Parking Enforcement Officer. Certain patterns have become apparent regarding the rationales individuals use to support their appeals. One of the primary reasons appeals are submitted is inoperative vehicle condition while parked on a public street shortly (often less than 24 hours, the majority less than 48 hours) before receipt of a street sweeping parking citation. Individuals submitting these appeals usually include copies of paid invoices from repair shops that indicate there was a true mechanical problem with their vehicle, and that it was in fact repaired. These citizens feel they have not forgotten to observe parking restrictions. They simply found themselves in a situation beyond their control. These circumstances strike virtually everyone in the community at some point in time. They feel strongly their appeals should be granted. The Administrative Hearing Officer provides a second level of appeal above the initial review. He recently prepared the attached letter (Exhibit 1) which recommends the City reconsider the policy regarding initial reviews of citations issued to inoperative vehicles. C. Modification of Permit Guidelines The parking restrictions established to facilitate street sweeping have greatly improved the quality and effectiveness of the program. This improved street sweeping program has helped preserve our clean streets and keep the City in compliance with the Ventura Countywide Stormwater Management Program. Our street sweeping program has also had the added benefit of encouraging vehicles to keep moving - especially unsightly inoperative vehicles which might otherwise be stored for longer periods on public streets. Nevertheless, it may be possible to continue to have our streets free of these vehicles while not penalizing the well - maintained vehicle owner who has simply encountered mechanical problems at an inopportune time. 0010► . ll Temporary Exemption of Street Sweeping Parking Restrictions Page 3 Moorpark Municipal Code Section 10.04.220 (A), prohibits the parking of any vehicle in one spot for more than 72 hours. This is an effective tool available to help the City keep our streets free of inoperative vehicles left stored in the street. If the City Council were to approve issuance of permits for the temporary exemption of sweeping parking restrictions for inoperative vehicles, such permits would generally be issued to apply to only one day - the next street sweeping no- parking day in the neighborhood where the car is parked. The disruption to the effectiveness of the street sweeping program would be minimal. Staff does not believe that issuance of these permits would lead to a greater incidence of storage of unsightly inoperative vehicles on City streets. Staff would ensure that all vehicles not displaying a temporary permit when violating street sweeping parking restrictions would continue to be cited. Appeals submitted by owners of these vehicles could then be evaluated using the criteria for issuing permits to act as guidelines. Owners of vehicles who indicate their break down occurred less than 48 hours prior to issuance of the citation while submitting proof that actual repairs were made, would be granted their appeal. The attached Administrative Procedure (Exhibit 2) used by the Public Works Department to issue temporary exemptions of street sweeping parking restrictions has been revised to include provisions for issuance of permits to owners of inoperable vehicles. D. Committee Consideration On August 24, 1998, the Transportation and Streets Committee [Teasley and Evans] met to consider this issue and recommended that the City Council approve this revision to the street sweeping parking restrictions permit process. E. Moorpark Administrative Procedure Should City Council approve the Transportation and Streets Committee and staff recommendation, it would be staffs intent to revise the Moorpark Administrative Procedure to include additional language as shown on Exhibit 2. RECOMMENDATION The Transportation and Streets Committee and staff recommend that the City Council authorize staff to issue temporary permits for exemption of street sweeping parking restrictions, to inoperative vehicles, provided said permits do not exceed three (3) calendar days in duration. '�l1 Q. 0 .Y :L v Exhibit 1 June 12, 1998 Kirk Evans City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: Street Sweeping citations for disabled vehicles Dear Kirk: I think the City should reconsider its position on whether a street sweeping citation should be dismissed when the vehicle appears to have broken down just prior to the citation being issued. This week we had three people contest their citations and I think it would be very unfair to uphold their citations. Guadalupe Diaz, 4312 Country Meadow, testified that, on the night before she received the ticket, her car broke down on Highway 118 in Moorpark. She then pushed the vehicle onto adjoining Buttercreek Road where it was cited the next day. Then on the next following day, she had the car towed (receipt attached in file). Bill and Ann Adrian, 13567 Candlewood Court, testified that, on the morning of the day they received the ticket, their car's battery was dead. Incidentally, they pushed the car onto the street in order to get their other car out of the driveway, but I don't think that is relevant. Mark Spaulding, 13348 Quail Summit Road, testified that their car failed to start on the morning of the day they received the ticket. They then had the car repaired that same day (receipt attached in file). I realize that the City Council decided not to issue permits to owners of inoperative vehicles. However, I don't think that when a resident's vehicle breaks down we should require them to immediately go to City Hall and get a permit anyway. As anyone knows who has ever had a vehicle break down, it's onerous and traumatic enough just to make sure that you get to work on time that day and then promptly have the car repaired. It seems to me that to uphold such citations is to take unfair advantage of the situation. These appear to be innocent, one -time violations of the street sweeping ordinance. They are not chronic situations where the vehicles remain inoperative for an extended period of time. Therefore, I hope the City will reconsider its position on these citations. Perhaps in the future, the City will dismiss this type of citation before it reaches me. At any rate, please let me know if the City will maintain its current position. Thank you. Sincerely, 1—�4 01- Robert E. Coughlon, Jr. Administrative Hearing Officer "? Exhibit 2 MAP SUBJECT: PAGE PW - 1 ISSUANCE OF ANNUAL PARKING PERMITS 1 of 2 MOORPARK ISSUED DATE May 220 199S ADMINISTRATIVE PROCEDURES REVISION DATE Sept- 3, 1998 APPROVED BY M.A.P. NO. PW - 14 SUBJECT: PAGE TEMPORARY EXEMPTION OF STREET SWEEPING PARKING RESTRICTIONS 1 of 2 On May 17, 1995, the City Council adopted Resolution No. 95 -1121 providing for the issuance of permits to allow for a temporary waiver of street sweeping parking restrictions to accommodate certain specified needs as set forth herein. Said action included a requirement that a set of guidelines and procedures be developed to administer the issuance of such permits. These guidelines and procedures shall be used when issuing such permits. From time to time a resident may encounter unavoidable circumstances which make it difficult or impossible to avoid the parking of vehicles in the street during a period when parking is prohibited to facilitate street sweeping. In such event the resident may apply for and be issued a temporary parking permit exempting such vehicle(s) from said street sweeping parking restrictions, as prescribed herein. A Street Sweeping Parking Restriction Exemption Permit (hereinafter "Permit ") may be issued to certain vehicles to facilitate certain specific activities. Said activities shall be limited to the following: • construction and /or maintenance contractors retained by the property owner and /or resident to perform maintenance, repairs, alterations, etc. in or on the property; • household movers; • short term medical problems in the household; and oo6,1 ..-f.i MAP SUBJECT: PAGE PW - 1 ISSUANCE OF ANNUAL PARKING PERMITS 2 of 2 A Permit may only be issued to facilitate one of these activities when and if the nature of the activity is such that it is not possible to park the vehicle(s) in question in the driveway. 1. Permits may only be issued to vehicles which may be required to park in the street. 2. A maximum of three (3) vehicles may be issued Permits for any given authorized activity as defined above. 3. All Permits shall be issued to specified vehicles. The license number of the vehicle to which the Permit is issued, shall appear on the Permit. 4. All Permits shall be issued for specific date(s) which shall be clearly displayed on the Permit. 5. Vehicles displaying a Permit shall be exempt from street sweeping parking restrictions. .ill vehicles without a Permit, which are parked on the street during a period when street sweeping parking restrictions are in effect, may be issued a parking citation and /or may be towed. 6. The applicant must submit an application (Exhibit A) and receive approval from the Director of Public Works prior to any Permits being issued. To be valid, the Permit (Exhibit B) must be attached to and visible from the drivers side dash board of the vehicle. 7. One Permit shall be issued, free of charge, per each calendar year. Any additional Permits issued will be at a cost of twenty -five dollars ($25.00) per Permit per vehicle. M CITY OF MOORPARK - PUBLIC WORKS DEPARTMENT APPLICATION FOR TEMPORARY EXEMPTION TO STREET SWEEPING PARKING RESTRICTIONS 1. Applicants Name: 2. Applicants Address: 3. Applicants Phone Number: 4. Vehicle License Number: 5. Vehicle Make and Model: 6. Vehicle Color: 7. DATE The registered owner of the above described vehicle is allowed one (1), free permit per calendar year: Date 8. Fee: First permit free, per calendar year. Additional permits will be issued at a cost of twenty -five dollars ($25.00) per vef.`cle. Applicants Signature Date Note: Permit is valid only when displayed on the dash of the drivers side and visible from the windshield. The vehicle must be parked in front of the address stated above. PW/KCG9503Z RPT/05/27/95 CITY OF MOORPARK TEMPORARY EXEMPTION TO STREET SWEEPING PARKING RESTRICTIONS VEHICLE MAKE: VEHICLE COLOR: LICENSE NUMBER: ADDRESS: DATE VALID: Auth: k °ERNHT MUST BE DISPLAYED ON DRIVERS SIDE DASH & VISIBLE FROM THE WINDSHIELD. CITY OF MOORPARK TEMPORARY EXEMPTION TO STREET SWEEPING PARKING RESTRICTIONS VEHICLE MAKE VEHICLE COLOR LICENSE NUMBER ADDRESS: DATE VALID: Auth: PERNM MUST BE DISPLAYED ON DRIVERS SIDE DASH & VISIBLE FROM THE WINDSHIELD. .10 o":.�