1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: John Campos, Parking Enforcement Supervisor Lina Hernandez, Senior Management Analyst
MEETING DATE: December 19, 2023
SUBJECT: Discussion and Consideration of an Ordinance to Implement a Defined Length of One Hundred (100) Feet of Vehicle Movement Following Notice of Seventy-Two (72) Hours of Consecutive Non-Movement
RECOMMENDATION
After conducting a public hearing, and after the City Attorney reads the title, introduce on first reading an ordinance amending Title VIII (Motor Vehicles and Traffic), Chapter 1 (Traffic and Parking), Article 1. (In General), Section 8-1.05(a) of the Lomita Municipal Code, to implement a defined length of one hundred (100) feet of vehicle movement following notice of seventy-two (72) hours of consecutive non-movement. Also, establishing an exception for vehicles which move across from their location or around the corner of their location, if less than one hundred (100) feet moved.
BACKGROUND
California Vehicle Code section 22651(k) makes it illegal for a vehicle to be parked in the same spot for more than 72 hours on any public street. After at least 72 hours have lapsed from the time the vehicle was marked and warned by law/parking enforcement, the vehicle may be cited and/or towed if not moved. The intent of this State law is to reduce the number of abandoned vehicles left on the roadway and to give parking enforcement agencies the authority to remove them. Equally important, it is a valuable tool used by parking enforcement agencies to make reasonable efforts to provide equal access to street parking to everyone in the community, particularly in areas in Lomita where parking is already at such a premium.
Generally, the enforcement of the 72-hour law is complaint based. Our parking enforcement officers will be proactive if they see the same vehicle being stored on the public street, collecting dust/debris, and not being moved. Parking enforcement will Item No. 9a
CITY OF LOMITA
CITY COUNCIL REPORT
2 respond to the location, place a printed 72-hour warning on the windshield of the vehicle, mark where the vehicle is parked, and file a copy for follow-up.
In most cases, vehicles are moved a “significant distance” at follow-up to be considered in compliance, and no further action is required. Currently the State, County, nor the Lomita Municipal Code define the length a vehicle must move following notice of seventytwo (72) hours of consecutive non-movement. If the vehicle has not moved at all, it is referred to Lomita Sheriff’s Station with documentation to legally tow the vehicle.
There are some instances of vehicles repeatedly moving back and forth at the same location, sometimes a few inches to circumvent the law. This immaterial movement limits the city’s authority to take action and resolve the parking issue. This is particularly true with oversized vehicles.
Research was conducted on how other cities handle their seventy-two (72) hour warning notices and how they define a vehicle as “moved” or “parked”. Redondo Beach considers a vehicle as “parked” unless moved one hundred (100) feet. Similarly, Seal Beach deems a vehicle as stationary unless moved one hundred and fifty (150) feet. The cities of Carson and Long Beach both deem a vehicle as “parked” unless moved one (1) block. There are cities with much further minimum moving distances, Lawndale being one half (1/2) mile and Downey considering a vehicle being “parked” unless driven one (1) mile per the odometer of the vehicle.
Given the size of the City of Lomita, setting a minimum distance of one hundred (100) feet of movement (approximately six car lengths) following a seventy-two (72) hour warning notice is recommended. The only exceptions being vehicles which move across the street from their location or moved around the corner of their location if moved less than one hundred (100) feet. Our goal is not to issue tickets or inconvenience the community but to seek compliance, ensure residents have equal access to street parking, and to mitigate neighbor disputes and traffic hazards, particularly those created by oversized vehicles that block the visibility of motorists and repeat offenders.
FISCAL IMPACT
Since there is no fee attached to seventy-two (72) hour warning notices in Lomita, implementing a minimum distance for vehicles to move would not generate additional revenue for the city. Enforcement of the seventy-two (72) hour law is already part of Lomita Parking Enforcement and the Lomita Sheriff’s Department operations, thus it would not require additional staffing or resources.
OPTIONS
1) Approve the first reading of the ordinance.
2) Do not approve the first reading of the ordinance.
3) Provide staff alternate direction.
3 ATTACHMENT
1) Public Hearing Notice
2) Draft Ordinance
Reviewed by: Approved by:
________ ___________________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
_________________________ _____________________________ John Campos Lina Hernandez
Parking Enforcement Supervisor Senior Management Analyst CITY HALL OFFICES • 24300 NARBONNE AVENUE, LOMITA • CALIFORNIA 90717 (310) 325-7110 • FAX (310) 325-4024 • www.lomitacity.com
CITY COUNCIL ADMINISTRATION
BILL UPHOFF CITY MANAGER
MARK A. WARONEK RYAN SMOOT
JAMES GAZELEY
CINDY SEGAWA
BARRY WAITE
CITY OF LOMITA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Lomita City Council will hold a public hearing at 6:00 p.m. on Tuesday, December 19, 2023, to consider the following:
AN AMENDMENT TO LOMITA MUNICIPAL CODE TITLE VIII (MOTOR VEHICLES AND TRAFFIC), CHAPTER 1 (TRAFFIC AND PARKING), ARTICLE 1. (IN GENERAL), SECTION 8-
1.05(A), TO IMPLEMENT A DEFINED LENGTH OF ONE HUNDRED (100) FEET OF VEHICLE MOVEMENT FOLLOWING NOTICE OF SEVENTY-TWO (72) HOURS OF CONSECUTIVE NON-MOVEMENT.
The public hearing will take place in the Council Chambers at Lomita City Hall, 24300 Narbonne Avenue, Lomita, CA 90717. At the public hearing you may appear and be heard, or you may write to the City Council in support of or in opposition to these matters.
For more information, please contact the Parking Enforcement Division between the hours of 7:30 a.m. and 5:30 p.m., Monday through Thursday and 8:00 a.m. to 5:00 p.m. on alternating Fridays at (310) 325-7110, ext. 217 or via email at [email protected].
If you challenge the decision of the City Council in court, you may be limited to raising only those issues that were raised at these public hearings or in written correspondence delivered to the City Council at or before the hearing. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk at (310) 325-7110. Notification at least 72 hours prior to the meeting will enable the City to make reasonable arrangements to allow participation at this meeting.
John Campos, Parking Enforcement Supervisor
Dated: December 7, 2023
Attachment 1
ORDINANCE NO. 859
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, APPROVING AN ORDINANCE AMENDING LOMITA
MUNICIPAL CODE TITLE VIII (MOTOR VEHICLES AND TRAFFIC), CHAPTER 1 (TRAFFIC AND PARKING), ARTICLE 1. (IN GENERAL), SECTION 8-1.05(A), TO IMPLEMENT A DEFINED LENGTH OF ONE HUNDRED (100) FEET OF VEHICLE MOVEMENT FOLLOWING NOTICE OF SEVENTY-TWO (72) HOURS OF CONSECUTIVE NON-MOVEMENT
THE CITY COUNCIL OF THE CITY OF LOMITA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals.
A. California Vehicle Code section 22651 makes it illegal for a vehicle to be parked in the same spot in the public right of way for more than seventy-two (72) hours on any public street in California.
B. California Vehicle Code section 22651 requires a seventy-two (72) hour notice of consecutive non-movement before a vehicle can be cited or towed. After the owner of the vehicle is provided the notice, he or she has seventy-two (72) hours to move the vehicle before any enforcement action is taken.
C. State law does not define the distance a vehicle owner must move his or her vehicle after receiving the notice of non-movement.
D. On December 19, 2023, City Council considered the proposed text amendment to Title VIII of the Lomita Municipal Code to implement a defined length of one hundred (100) feet of vehicle movement following notice of seventy-two (72) hours of consecutive non-movement.
E. Chapter 1 of Title VIII of Lomita Municipal Code establishes definitions and traffic and parking regulations throughout the city.
Section 2. Action.
NOW, THEREFORE, based on the foregoing, the City Council hereby approves the following amendments to the Lomita Municipal Code:
A. Section 8-1.05(a) of Title VIII of the Lomita Municipal Code is amended to read as follows:
Attachment 2
Removal to safe place. The sheriff shall remove to a safe place every vehicle which has been parked or left standing upon a highway for seventy-two (72) or more consecutive hours.
(1) "Safe place" defined. As used in this section the words "safe place" include, but are not confined to, any garage, parking lot or open space owned by, maintained by, or under the jurisdiction of, the County of Los Angeles, and also every privately owned garage the owner or proprietor of which will accept such vehicles.
(2) For the purposes of this section, the vehicle shall be considered to have remained parked/left standing unless, the vehicle has been moved at least one hundred (100) feet from the position previously located. The only exceptions being vehicles which moved across from their location or around the corner of their location, if moved less than 100 feet.
Section 3. Effective Date.
This ordinance shall take effect thirty (30) days after the date of its passage and adoption; and within fifteen (15) days after its passage and adoption, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED AND ADOPTED this ____day of ________, 2023. ____________________________
Bill Uphoff, Mayor
APPROVED AS TO FORM: ATTEST:
Trevor Rusin, City Attorney Kathleen Horn Gregory, City Clerk