CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/18/2024
DEPARTMENT: Management Services
SUBJECT:
PUBLIC HEARING TO UPDATE FINES FOR PARKING VIOLATIONS
RECOMMENDED ACTION(S):
1. Conduct the noticed public hearing.
2. Introduce for the first reading of an Ordinance entitled: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING CHAPTER 12.16 OF TITLE 12 OF THE LAKE FOREST
MUNICIPAL CODE, RELATING TO THE ENACTMENT OF A SEPARATE SCHEDULE OF FINES FOR PARKING VIOLATIONS.
EXECUTIVE SUMMARY:
On February 6, 2024, the City Council approved Ordinance 366, which modified the Lake Forest Municipal Code (“LFMC”) to add specific penalties for street sweeping and permit parking violations. Additionally on February 6, 2024, the City Council adopted a resolution establishing penalties for street sweeping and permit parking violations. The resolution also clarified that the schedule of fines will be maintained and reviewed separately from the City’s schedule of fees, which includes fees for services like permits, building plan reviews, recreation classes, and facility rentals.
In late February 2024, the City launched an in-house parking enforcement service to augment the parking enforcement efforts of the Orange County Sheriff’s Department (“OCSD”). Based on recommendations from OCSD and the applied experience of in-house parking services staff, staff recommend instituting a progressive fine system for repeat offenders of parking violations related to the LFMC. Under the proposed system, motorists that violate the following restrictions would face a 30% increased fine for the second offense, and a 30% increased fine (compounded by the fine amount of the second offense) for the third and all subsequent offenses within the same calendar year. The types of violations that would be subject to this fine system are:
▪Parked For Over 72-Hours
▪RV In Business & Industrial Zone
▪No Parking/No Stopping
▪Inoperative Vehicle
▪Repairing Vehicle on Roadway
▪Detached Trailer
▪Street Sweeping
▪Permit Parking Program Enforcement
▪Oversized Vehicle
The purpose of instituting a progressive parking fine system is to change behavior. Repeat offenders may be more likely to comply with the LFMC if subsequent offenses carry a higher cost. The attached draft ordinance would effectuate these changes once fully adopted (Attachment 1). The ordinance was generated by the City Attorney’s Office with input from staff. As required by law, the City published a public hearing notice related to this ordinance on June 6, 2024 (Attachment 2). Staff recommends the City Council introduce the attached ordinance for first reading.
BACKGROUND:
Parking violations continue to be one of the most common complaints the City receives from the public. These ongoing parking issues have led to inefficient street sweeping, safety concerns, and persistent parking violations in certain neighborhoods. At the end of February 2024, the City implemented a parking enforcement program that increased enforcement coverage for parking-related issues. Social media and educational postcards have been sent to residents of the most impacted areas informing them of increased enforcement and to encourage behavior modifications to comply with state and local codes. Overall, the City’s parking enforcement efforts have led to significant behavior change since February 2024. However, select areas continue to experience parking issues and a persistence of repeat violators of parking regulations.
It has been three years since the City modified fines for parking-related violations. Effective on July 1, 2021, fines were increased from $46 to $50, and penalty amounts for late payments of $35 and $45 were added, respectfully.
Prior to that, 2011 was the last update for parking violations. The City participates in the California Franchise Tax Board (“FTB”) intercept program in conjunction with the State Controller’s Office. Through the FTB intercept program, individuals who may owe debts related to parking violations to participating agencies could have their tax refunds intercepted and redirected to pay off unpaid parking fines.
Over the past several years, the OCSD has recommended that the City implement a progressive fine system for LFMC-related parking violations. A progressive fine system sets the fine for the initial violation and increases fines for subsequent violations within the same calendar year. The violation would reset to the lowest fine amount at the beginning of the next rolling calendar year on the date the first violation was issued.
DISCUSSION:
The neighboring cities of Laguna Hills and Rancho Santa Margarita implemented progressive fine systems for parking-related municipal code offenses more than seven years ago. In these two cities, the progressive fine system almost doubles with each subsequent violation.
Staff is proposing a 30% increase for the second violation and an additional 30% (approximately) for the third and all subsequent violations. For example, most parking violations are $50. The second violation issued within the same calendar year would be $65 and the third violation would be $85. A year from the initial date the first violation was issued, the violation cycle would be reset and go back to the original fine of $50. Staff suspects even just a 30% increase in the fine will be enough to change behavior. Table 1 below describes the current and proposed fine amounts. A full description of the City’s parking-related fines is provided as Exhibit A in the ordinance attached (Attachment 1).
Table 1: Parking-related Fines
Code Violation
Description
First
Violation
Amount
Proposed
Second
Violation
Amount
Proposed
Third &
Subsequent
Violation
Amount
12.16.040(B) Parked For Over 72-
Hours
$50.00 $65.00 $85.00
12.16.040(C) RV In Business &
Industrial Zone
$50.00 $65.00 $85.00
12.16.040(D) No Parking/No
Stopping
$50.00 $65.00 $85.00
12.16.040(E) Inoperative Vehicle $50.00 $65.00 $85.00
12.16.040(F) Repairing Vehicle On
Roadway
$50.00 $65.00 $85.00
12.16.040(G) Detached Trailer $50.00 $65.00 $85.00
12.16.040(I) Street Sweeping $50.00 $65.00 $85.00
Code Violation
Description
First
Violation
Amount
Proposed
Second
Violation
Amount
Proposed
Third &
Subsequent
Violation
Amount
12.16.080 Permit Parking
Program
$50.00 $65.00 $85.00
12.16.070(A) Oversized Vehicle $50.00 $65.00 $85.00
Staff recommends the City Council introduce the attached draft ordinance for the first reading. The draft ordinance was produced by the City Attorney’s Office with input from staff. The public hearing notice was published on June 6, 2024, in the Saddleback Valley News (Attachment 2).
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Draft Ordinance Amending LFMC Chapter 12.16
2. Public Hearing Notice
Initiated By: Sharlyn de la Paz, Senior Management Analyst Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager