CITY OF POMONA
COUNCIL REPORT
September 9, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Gutierrez, City Manager
Submitted By: Sonia Carvalho, City Attorney
Michael Ellis, Chief of Police
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING THE POMONA CITY CODE TO ADD SECTION 58-296 “COMMERCIAL VEHICLE ENFORCEMENT - ADMINISTRATIVE FINES” RELATING TO TRUCK ROUTE VIOLATIONS ______________________________________________________________________________ RECOMMENDATION:
It is recommended that the City Council take the following actions:
Conduct public hearing and receive public testimony;
Introduce, waive further and give first reading to the following (Attachment No. 1):
ORDINANCE NO. 4346 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING CHAPTER 58 (“TRAFFIC AND VEHICLES”), ARTICLE V (“VEHICLE SIZE, WEIGHT AND LOAD”), DIVISION 2 (“TRUCK ROUTES”) OF THE POMONA CITY CODE TO ADD SECTION 58-296 (“COMMERCIAL VEHICLE ENFORCEMENT - ADMINISTRATIVE FINES”) Adopt the following resolution (Attachment No. 2):
RESOLUTION NO. 2024-122 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, FUND A PREVIOUSLY UNFUNDED OFFICER POSITION; ESTABLISHING ADMINISTRATIVE CITATION FINE FOR VIOLATIONS RELATING TO TRUCK ROUTES; AMEND THE MASTER FEE SCHEDULE TO INCREASE COMMERCIAL PARKING VIOLATION FEE AND AMEND THE FY 2024-25 OPERATION BUDGET BY INCREASING REVENUE ESTIMATES IN THE AMOUNT OF $500,000 AND APPROPRIATIONS IN THE AMOUNT OF $380,000 EXECUTIVE SUMMARY:
The proposed ordinance and resolution would authorize the funding of a previously unfunded police officer position to serve as a full-time Commercial Vehicle Enforcement Officer, imposition of administrative fines of one thousand dollars ($1,000) for each offense to the responsible party of a commercial vehicle operating on City roadways not designated as a “Truck Route”, amend the Master fee schedule to increase commercial vehicle parking violation fee to $125 and increasing revenue estimates and appropriations related to the enforcement of commercial vehicle violations. Appropriated funds will pay for the equipment and training required for the new Commercial Vehicle Enforcement Officer as well as purchase and install new signage for City roadways to inform commercial vehicle drivers of truck route restrictions and violations.
SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☐ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements. Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $250 or more that would require disclosure and/or recusal from discussing or acting on this agenda item. Campaign contributions of $250 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer or 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.
FISCAL IMPACT:
This item will amend FY 2024-25 Operational budget to increase appropriation in the amount of $380,000 (101-2014-5XXXX/6XXXX-00000) and revenue estimates in the amount of $500,000 (101-2014- XXXXX-00000). See below for detailed summary of appropriations:
Earning and Benefits (Top-step Officer)
$220,000
Overtime
$20,000
Small Tools & Equipment (Officer equipment and supplies) $24,000
Other Supplies/Materials (Signage)
$6,000
Training
$10,000
Enforcement vehicle & retrofit
$100,000
Total
$380,000
PUBLIC NOTICING REQUIREMENTS:
A notice of the public hearing (Attachment No. 3) was sent to the Inland Valley Daily Bulletin with the publication date of August 23, 2024 and August 30, 2024.
PREVIOUS RELATED ACTION:
On January 28, 2019, the City Council Adopted Ordinance No. 4255, amending Chapter 58 of the Pomona City Code designating specific truck routes in the City.
DISCUSSION:
The primary goal of commercial vehicle enforcement is traffic safety, the overall reduction in commercial vehicle violations and reducing damage to City maintained roadways. Enforcement will promote the goals listed; the ordinance would result in the following:
(1) Authorize the Chief of Police or designee to issue administrative citations for violations of a large commercial vehicle operating on City roadways not designated as a “Truck Route”; and (2) Authorize the issuance of a citation where a truck route violation is observed.
If approved violation citations would take effect following the approval and adoption of the 2nd reading of this ordinance.
The attached Resolution will:
Unfreeze a previously unfunded police officer position to be dedicated as a full-time Commercial Vehicle Enforcement Officer, Authorize the imposition of administrative fines at one thousand dollars ($1,000) per violation, Amend the Master fee schedule to increase commercial vehicle parking violation fee to $125 and; Amend the FY 2024-25 Operation budget by increasing revenue estimates in the amount of $500,000 and appropriations in the amount of $380,000 related to commercial vehicle enforcement violations.
The City’s existing administrative fines and penalties ordinance contain provisions that would allow recipients of citations to appeal their fine amounts in cases where they believe they were not a responsible party. These appeals are typically heard by a neutral hearing officer who provide a written decision. A subsequent appeal to the local Superior Court is also available. Adoption of the proposed ordinance and resolution would authorize City police officers and code enforcement officers to issue citations for violations of commercial vehicles operating on City roadways not designated as a “Truck Route.” It is anticipated that adoption of this ordinance will serve as a deterrent to a violator not using the designated City “Truck Routes.” COUNCIL PRIORITIES & GOALS:
This item supports the 2021-2022 City Council Priority 1: Fiscal and Operational Responsibility – Goal B: Improve efficiency and effectiveness of City services to businesses and residents.
ATTACHMENTS:
Attachment No. 1 – Ordinance No. 4346
Attachment No. 2 – Resolution No. 2024-122
Attachment No. 3 – Public Hearing Notice
Attachment No. 4 – Enforcement PowerPoint
Commercial Vehicle Violations
ATTACHMENT NO. 2