The proposed Resolution would designate all parking spaces connected to EV charging devices located on off-street parking facilities owned or operated by the City and on public streets for the exclusive purposes of parking and charging an electric vehicle connected for charging purposes. While to date the City has only installed EV charging parking spaces in City-owned off-street parking lots, and not on public streets, the Resolution would proactively designate any future City-installed EV charging parking spaces on public streets in case the City desires to install them in the future. This designation will allow the City and Sheriff’s Department to issue parking citations for violation of CVC section 22511.1(a)-(b).
CVC section 40203.5(a) requires cities issuing parking citations to establish a schedule of parking penalties. However, to the extent possible, cities within the same county must standardize parking penalties. This is to prevent neighboring cities from establishing markedly different civil penalty amounts for the same violation.
City Staff researched civil penalty amounts in neighboring cities (including Carlsbad, Oceanside, Coronado, Chula Vista, El Cajon, La Mesa, Del Mar, Encinitas, Escondido, Imperial Beach, Lemon Grove, Poway, and San Diego). Many cities have not yet addressed electric vehicle charging stations and / or have not established a civil penalty amount for violation of CVC section 22511.1(a)-(b); in other cases, staff did not receive responses to inquiries regarding the penalty amounts.
However, the City of Carlsbad has addressed this issue and has set its penalty amount at $48.00, which is tied to the Sheriff’s Department penalty amount. (See Carlsbad Muni.
Code § 10.40.090.) The City of Oceanside addresses electric vehicle parking spaces, and sets the penalty for any parking violation at $50. (Oceanside Muni. Code, Article XI
11.6(c).) The City of La Mesa does not have an applicable municipal code provision, but cites violations of CVC 22511.1(a) and has a penalty of $57.50 for all parking violations.
The City of San Diego has an electric vehicle ordinance, but no designated EV charging space penalty amount, just a broadly-applicable parking penalty amount of $59.50.
The City of Santee currently charges between $47.50 and $62.50 for standard parking violations.
Considering this information, staff recommends establishing a civil penalty amount of $47.50 for violations of CVC 22511.1(a)-(b), and amending the City’s Master Bail Schedule to reflect this.
The City may pursue a violation of CVC section 22511.1(a)-(b) as either a criminal infraction in the San Diego Superior Court or a civil violation by issuance of a parking citation. The fine amount imposed depends on that distinction. Upon conviction of a criminal infraction in the superior court, CVC section 42001.6 sets the fine amount at $100.00. CVC section 40203.5 governs the fine amount upon issuance of a parking citation and requires consistency with other cities within the County, necessitating adoption of the proposed Resolution setting the amount at $47.50.
Resolution Designating EV Charging Spaces and Establishing the Civil Penalty Amount for Violation October 12, 2022
C. CEQA ANALYSIS
This Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) because the activity, which involves designating certain parking spaces located on off-street parking facilities owned or operated by the City and on public streets for the exclusive purpose of parking and charging an electric vehicle that is connected for charging purposes, and amending the City’s schedule of penalties for parking violations and related charges, will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in a physical change to the environment, directly or indirectly.
D. STAFF RECOMMENDATION
Adopt the Resolution:
1. Designating all parking spaces that are connected to an electric vehicle charging device that is located on a City-owned or operated off-street parking facility and on public streets for the exclusive purpose of parking and charging an electric vehicle;
2. Establishing a civil penalty amount for violation of California Vehicle Code section 22511.1(a)-(b), which prohibits a person from parking in a designated electric vehicle parking space while the vehicle is not connected for electric charging purposes; and
3. Amending the City’s Master Bail Schedule to incorporate that penalty amount.
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE,
CALIFORNIA, DESIGNATING ALL PARKING SPACES CONNECTED TO AN
ELECTRIC VEHICLE CHARGING DEVICE LOCATED ON OFF-STREET
PARKING FACILITIES OWNED OR OPERATED BY THE CITY AND ON
PUBLIC STREETS FOR THE EXCLUSIVE PURPOSE OF PARKING AND
CHARGING AN ELECTRIC VEHICLE THAT IS CONNECTED FOR ELECTRIC
CHARGING PURPOSES, AND ESTABLISHING A CIVIL PENALTY AMOUNT FOR VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22511.1(A)-(B)
AND AMENDING THE MASTER BAIL SCHEDULE TO INCORPORATE THAT
PENALTY AMOUNT
WHEREAS, the City of Santee (“City”) seeks to reduce greenhouse gas emissions by promoting the use of electric vehicles by residents and visitors; and WHEREAS, towards fulfilling this goal, the City has installed electric vehicle charging devices on off-street parking facilities owned or operated by the City for use by residents and visitors; and
WHEREAS, the City seeks to restrict parking spaces connected to those electric vehicle charging devices to electric vehicle-only parking, and only for the purpose of charging electric vehicles; and
WHEREAS, California Vehicle Code section 22511(a)(1)-(2) provides that a local authority, by ordinance or resolution, may designate stalls or spaces in offstreet parking facilities owned or operated by the City and public streets for the exclusive purpose of parking and charging an electric vehicle that is connected for electric charging purposes; and
WHEREAS, California Vehicle Code section 22511.1(a) provides that a person shall not park or leave standing a vehicle in a stall or space designated pursuant to Section 22511 unless the vehicle is connected for electric charging purposes; and
WHEREAS, California Vehicle Code section 22511.1(b) provides that a person shall not obstruct, block, or otherwise bar access to parking stalls or spaces described in Section 22511.1(a) except as provided for in that section; and WHEREAS, California Vehicle Code section 40200 et seq. authorizes cities to impose and collect civil penalties for violation of any regulation pertaining to the stopping, standing, or parking of a vehicle that is not a misdemeanor as specified in the California Vehicle Code, any federal statute or regulation; or any local ordinance; and
WHEREAS, California Vehicle Code section 40203.5 requires cities to establish a schedule of civil penalties for parking violations, and, to the extent possible, to standardize those civil penalties for parking violations with those of other cities in the same county; and
WHEREAS, City staff researched the civil penalty amount for violation of California Vehicle Code section 22511.1(a)-(b) set by other cities within San Diego County, including the Cities of Carlsbad, Oceanside, La Mesa, and San Diego, and determined that while there is no set standard penalty amount, the amount of $47.50 is consistent with the range of penalty amounts set by cities in the County of San Diego; and
WHEREAS, the City seeks to establish a civil penalty amount for violation of California Vehicle Code section 22511.1(a)-(b); and
WHEREAS, this civil penalty is separate from the criminal fine that the City may impose for a violation of California Vehicle Code section 22511.1(a)-(b), and California Vehicle Code section 42001.6 sets the criminal fine amount at $100.00 upon conviction in the San Diego Superior Court.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTEE
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City designates all parking spaces connected to electric vehicle charging devices located on off-street parking facilities owned or operated by the City and on public streets for the exclusive purpose of parking and charging an electric vehicle that is connected for electric charging purposes.
SECTION 3. The City’s Master Bail Schedule is to be amended by adding the following provision:
CVC 22511.1(a)–(b) Parking/Standing in
Space for Charging
Electric Vehicle While
Not Connected for
Charging Purposes
Civil Fine $47.50
CVC 22511.1(a)–(b) Parking/Standing in
Space for Charging
Electric Vehicle While
Not Connected for
Charging Purposes
Criminal
Infraction
$100.00
SECTION 4. This Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in a physical change to the environment, directly or indirectly, and is an administrative activity of the City of Santee.
SECTION 5. The City Clerk is hereby authorized and directed to amend the City’s Master Bail Schedule as provided in Section 3 of this Resolution.
SECTION 6. This Resolution shall take effect immediately upon its adoption.
ADOPTED by the City Council of the City of Santee, California, at a Regular Meeting thereof held this 12th day of October, 2022, by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED
JOHN W. MINTO, MAYOR
ATTEST
ANNETTE ORTIZ, CMC, CITY CLERK
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SDI PRESENCE, INC. FOR LAND
MANAGEMENT AND PERMITTING SYSTEM IMPLEMENTATION CONSULTING SERVICES; AND AUTHORIZING THE APPROPRIATION OF AMERICAN RESCUE
PLAN ACT (ARPA) LOST PUBLIC SECTOR REVENUE FUNDS AND GENERAL
FUND RESERVES
WHEREAS, on February 9, 2022, the City Council authorized the City Manager to execute a Professional Services Agreement (“Agreement”) with SDI Presence, Inc. (“SDI”) to provide implementation consulting services for the City’s Land Management and Permitting System, known as EnerGov; and
WHEREAS, SDI has extensive public sector experience in procuring and implementing projects like the permit system, and also has specific experience helping other clients implement EnerGov; and
WHEREAS, the current Agreement, for an amount not to exceed $100,000, is expected to be fully expended before final implementation of the project due to a number of challenges that have arisen, the expertise needed to help manage these issues, and the work load of City staff; and
WHEREAS, staff requests authorization for the City Manager to execute an Amendment to the Agreement with SDI in an amount not to exceed $98,400 in order to continue to provide the needed project management and implementation services; and WHEREAS, the recommended increase of $98,400 includes $82,000 in direct services and a 20% contingency of $16,400 to ensure current issues can be resolved successfully and SDI services will carry the City through final project implementation; and WHEREAS, SDI will continue to provide guidance and support to the City’s project managers and subject matter experts; and will continue to provide much needed coordination and communication between Tyler Technologies and the City to help resolve disputes, and configuration and integration issues; and WHEREAS, SDI services will also include support for testing, training and data validation prior to final implementation.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Santee, California, as follows:
Section 1. The City Manager is authorized to execute an Amendment to the Professional Services Agreement with SDI Presence, Inc. in an amount not to exceed $98,400.
RESOLUTION NO.
2 Section 2. The City Manager is authorized to appropriate $78,730 in federal American Rescue Plan Act (ARPA) Lost Public Sector Revenue funds.
Section 3. The City Manager is authorized to appropriate $19,670 from General Fund reserves.
ADOPTED by the City Council of the City of Santee, California, at a Regular meeting thereof held this 12th day of October, 2022 by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED:
JOHN W. MINTO, MAYOR
ATTEST:
ANNETTE ORTIZ, CMC, CITY CLERK