HomeMy WebLinkAboutAGENDA REPORT 2007 1107 CC REG ITEM 10K rf EM
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ACTION:
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Deputy City Manager
DATE: October 16, 2007 (CC Meeting of 1 / 007)
SUBJECT: Consider a Resolution Rescinding Resolutions Nos. 2003-2075 and
2005-2431 and Authorizing the Employees with the Listed Job
Classifications to Enforce the Municipal Code
BACKGROUND
Resolutions 2003-2075 and 2005-2431 were adopted to authorize the issuance of a
criminal citation under California Penal Code Section 836.5 (a) relative to parking
citations and animal control, mosquito abatement and vector control. These resolutions
allowed only the Recreation Supervisor, Recreation Coordinator I and II to issue parking
citations and the AnimalNector Control Specialist, AnimalNector Control Technician,
Code Enforcement Officer I and II, Crossing Guard Supervisor and Community Services
Senior Management Analyst to issue a criminal citation for Municipal Code violations.
Since parking citations are a criminal citation the City must adoption a resolution
identifying those job classifications that would be authorized to issue parking citations.
All other citations for violations of the Municipal Code would be issued as administrative
citations as authorized by previous Council action at the October 17, 2007 City Council
meeting.
DISCUSSION
Most of the citations that the City expects to issue for Municipal Code violations would
be through the administrative citation process. However, parking citations are a criminal
citation under Chapter 1.10 of the Municipal Code. In order to issue a parking citation
the Council must authorize certain job classifications by resolution. Chapter 1.10,
Section 1.10.040 Authority to issue criminal citations, authorizes code compliance
officers to issue criminal citations. Section 1.16.020 defines a code compliance officer
as "any officer or employee authorized by the governing body to enforce provisions of
the Municipal Code."
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Honorable City Council
November 7, 2007
Page 2
Since the Council has already authorized certain job classifications to issue
administrative citations, the main purpose of authorizing criminal citations for certain job
classifications will be for the issuance of parking citations. - The positions, listed in
alphabetical order, identified as assistant city engineer, assistant engineer, civil
engineer, code compliance technician I and II, community development technician,
crossing guard supervisor, landscape/parks maintenance superintendent, management
analyst, parks and landscape manager, principal planner, public works superintendent,
recreation/community services manager, recreation coordinator ll, recreation
supervisor, and senior management analyst need to be authorized to issue parking
citations.
The crossing guard supervisor is the primary job classification that would issue parking
citations. Other positions that are likely to also issue parking citations would be
landscape/parks maintenance superintendent, parks and landscape manager and the
code compliance technician I and II. In the event that the people in those positions are
not available to issue a parking citation we have suggested additional positions as a
back up measure.
STAFF RECOMMENDATION
Adopt Resolution No. establishing those positions which would have criminal
citation authority under the Municipal Code and rescinding Resolutions Nos. 2003-2075
and 2005-2431.
ATTACHMENTS:
Resolution No.
000224
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, RESCINDING RESOLUTIONS NOS.
2003-2075 AND 2005-2431 AND AUTHORIZING THE
EMPLOYEES WITH THE LISTED JOB CLASSIFICATIONS TO
ACT AS A PUBLIC OFFICER TO ENFORCE VEHICLE PARKING
VIOLATIONS OF STATE STATUTE OR CITY ORDINANCE
PURSUANT TO SECTION 836.5 OF THE PENAL CODE AND
SUBJECT TO THE PROVISIONS OF SECTION 1.10.040 OF THE
MUNICIPAL CODE
WHEREAS, the Moorpark Municipal Code in Title 1, Chapter 1.10, Section
1.10.040 Authority to issue criminal citations, authorizes any code compliance
officer to issue a criminal citation; and
WHEREAS, the Moorpark Municipal Code in Title 1, Chapter 1.10, Section
1.10.040 refers to the definition of code compliance officer as defined by Chapter
1.16, Section 1.16.020 Definitions, as a code compliance officer to be any officer
or employee authorized by the governing body to enforce certain provisions of
the Moorpark Municipal Code; and
WHEREAS, when a violation occurs within the City, employees with
various City classification titles must be identified as employees authorized to
issue a parking citation above and beyond the code compliance officer.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Resolutions Nos. 2003-2075 and 2005-2431 are
hereby rescinded.
SECTION 2. The Council finds and declares that the employees with
the job classifications, listed in alphabetical order, of assistant city engineer,
assistant engineer, civil engineer, code compliance technician I and II,
community development technician, crossing guard supervisor, landscape/parks
maintenance superintendent, management analyst, parks and landscape
manager, principal planner, public works superintendent, recreation/community
services manager, recreation coordinator II, recreation supervisor, and senior
management analyst for the City of Moorpark shall be deemed an employee
authorized to issue a parking citation in accordance with Moorpark Municipal
Code, Chapter 1.10, Code Violations, Penalties and Enforcement.
CC ATTACHMENT 00201"ZI5
SECTION 3. The City Clerk shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in the book of original
resolutions.
PASSED AND ADOPTED this day of ) 2007.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
000225A