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HomeMy WebLinkAbout1993-09-28 - AGENDA REPORTS - MUNICODE 12 BTN LACO NEWHALL (2)UNFINISHED BUSINESS DATE: September 28, 1993 City Manager Approval . Item to be presented b Steve Stark !� S SUBJECT: Santa Clarita Municipal Code Title 12 relating to Vehicles and Traffic and an Agreement by and between the City and the Los Angeles County Municipal Court of the Newhall Judicial District DEPARTMENT: Finance LL'TG f•1.T•11R"11 Presented to Council for second reading is Ordinance No.. 93-16 which was introduced to Council on September 14, 1993. Such Ordinance amends and adds to Chapter 12.20, relative to traffic signs and signals, and Chapter 12.64, relative to stopping, standing, and parking regulations. Also presented before Council is an agreement by and between the City and the Los Angeles County Municipal Court of the Newhall Judicial District for the orderly transfer of parking citation processing responsibilities. The agreement provides for the transfer of processing responsibilities to become effective October 1, 1993. The Court will continue to process all citations issued prior to October 1, 1993; however, upon January 1, 1994 all citations outstanding will be transferred to the City. • u I AIN3 •► - Waive further reading and adopt Ordinance No. 93-16 - Approve agreement, presented substantially as to form, for the Transfer of Parking Ticket Processing from the Los Angeles County Municipal Court of the Newhall Judicial District and the City of Santa Clarita Ordinance 93-16 Agreement for the Transfer of Parking Ticket Processing form the Los Angeles County Municipal Court of the Newhall Judicial District to the City of Santa Clarita A o fed: i Agenda Item: ORDINANCE NO. 93-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING THE SANTACLARITA MUNICIPAL CODE BY ADDING AND AMENDING CERTAIN SECTIONS OF CHAPTER 12.64 RELATIVE TO STOPPING, STANDING, AND PARKING REGULATIONS AND AMENDING SECTION 12.20.130 OF CHAPTER 12.20 RELATIVE TO TRAFFIC SIGNS AND SIGNALS. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 12.64.010 is hereby added to the Santa Clarita Municipal Code to read as follows: 12.64.010 Parking Time Limits. Whenever the City Council finds that on any portion of the highway or of any parking lot maintained or operated for the public by the city there is at any time lack of sufficient space to accommodate the operators of vehicles and that the time of parking should be limited so that everyone may have his fair tum, the City Engineer shall erect and maintain adequate signs along such portion of the highway specifying the limitation on the time of parking.- SECTION arking: SECTION 2. Section 12.64.250 is hereby added to the Santa Clarita Municipal Code to read as follows: 12.64.250 Double Parking Prohibited. A. A person shall not park any vehicle on the roadway side of a vehicle which is stopped, parked or standing on a highway at the curb or edge of the roadway. B. For the purpose of this section "roadway" is defined as that portion of the street which is improved. C. This section does not prohibit any action prohibited by Section 22500 of the Vehicle Code or any other state law.' SECTION 3. Section 12.64.255 is hereby added to the Santa Clarita Municipal Code to read as follows: "12.64.255 Parking Against Red Curb. A person shall not stop, park, or leave standing any vehicle adjacent to a curb that is designated by red paint, pursuant to California Vehicle Code section 21458, except that a bus may stop in a red zone marked or posted as a bus loading zone. Any curb that is designated as such by red paint, shall only be done at the direction and authorization of the City Engineer. SECTION 4. Section 12.64.265 is hereby added to the Santa Clarita Municipal Code to read as follows: •12.64.265 Posted No Parking. Whenever the City Council finds that the parking of vehicles at all or certain hours of the day upon any portion of a highway a traffic hazard or impedes the free flow of traffic, or both, the City Engineer, pursuant to California Vehicle Code section 22507, shall erect signs stating that on such portion of such highway parking is prohibited at all or certain hours of the day. SECTION 5. Section 12.64.300 is hereby added to the Santa Clarita Municipal Code to read as follows: 12.64.300 Blocking Highway. A .person shall not park any vehicle, whether attended or unattended, upon any highway where the roadway is bordered by adjacent curbs unless not less than eight feet of the width of the paved or improved or main traveled portion of such highway opposite such parked vehicle is left clear and unobstructed for the free passage of other vehicles. SECTION 6. Section 12.64.330 is hereby added to the Santa Clarita Municipal Code to read as follows: 12.64.330 Parking in Intersection. A person may park within an intersection adjacent to the curb if the City Council finds, pursuant to Section 22500 of the California Vehicle Code, that the width of the highway and traffic conditions are such that such parking will not constitute a traffic hazard or impede the free flow of traffic." SECTION 7. Section 12.64.345 is hereby added to the Santa Clarita Municipal Code to read as follows: 12.64.345 Vehicle Maintenance in Public Parking. No person shall perform any maintenance, repair or similar operation on any vehicle in a parking area unless the vehicle is parked in a parking area specifically designated for such operations. The provisions of this section do not prohibit the operator of any vehicle which is disabled from making or causing to be made in an expeditious manner the repairs necessary to enable such vehicle to be moved to a parking area designated for vehicle maintenance and repair.' SECTION 8. Section 12.20.130 of the Santa Clarita Municipal Code is hereby amended to read as follows: 12.20.130 Parking Space Markings. The City Engineer may install and maintain parking space markings to indicate parking space adjacent to the curb where authorized parking is permitted. When such parking space markings are placed in the highway, subject to other and more restrictive limitations, no vehicle shall be stopped or left standing other than within a single space unless the size or shape of such vehicle makes compliance impossible. Further, no person shall park, or cause to be parked, any vehicle within any facility except between lines indicating where vehicles shall be parked, and no person shall so park any vehicle so as to use or occupy more than one such marked parking space: —2— SECTION 9. Section 12.64.390 of the Santa Clarita Municipal Code is hereby amended to read as follows: '12.64.390 Restricted Parking Area. Whenever any parking area or portion of a parking area is assigned for the exclusive use of the occupants of a facility or the occupants of a portion of a facility and at, in or near such parking area or portion of a parking area there is a legible. sign stating either that such parking area or portion of a parking area is exclusively assigned or that parking is prohibited, or both, a person, other than an occupant of the facility or an occupant of the portion of the facility to which such parking area or portion of a parking area is assigned, shall not park any vehicle in such parking area or portion of a parking area." SECTION 10. If any section, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would.have adopted this Ordinance and each section, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 11. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published in the manner required by law. PASSED AND APPROVED this _ day of 1993. ATTEST: CITY CLERK -3— 71 :7 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA I, DONNA GRINDEY, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of . 1993. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: KB/GW 7WffiiN.dm —4— CITY CLERK EXHIBIT "A" ffel AGREEMENT FOR THE TRANSFER OF PARKING TICKET PROCESSING FROM THE LOS ANGELES COUNTY MUNICIPAL COURT OF NEWHALL JUDICIAL DISTRICT TO THE CITY OF SANTA CLARITA Personnel, equipment and facilities transferred from Court to City: NONE -4- AGREEMENT FOR -THE TRANSFER OF PARKING TICKET PROCESSING FROM THE LOS ANGELES COUNTY MUNICIPAL COURT OF THE NEWHALL JUDICIAL DISTRICT TO THE CITY OF SANTA CLARITA THIS AGREEMENT ("Agreement") is - made this day of '1993, by and between the LOS ANGELES COUNTY MUNICIPAL COURT OF THE NEWHALL JUDICIAL DISTRICT ("Court") and the CITY OF SANTA CLARITA ("City"). In consideration of mutual covenants and promises contained in this agreement, Court and City agree as follows: RECITALS This agreement is made with respect to the following facts and for the following purposes, each of which are acknowledged as true and correct by the parties: A. Assembly Bill 408 was adopted into law on September 29, 1993, and is operative as of July 1, 1993. AB 408 makes certain amendments to the State Vehicle Code with respect to the processing of parking violations and requires the orderly transfer on or before January 1, 1994, of the processing of parking violations from courts to agencies which issue notices of parking violations, such as the City. B. Pursuant to Vehicle Code Section 40200.4(b), as amended by AB 408, City and Court shall enter into this agreement for the orderly transfer from Court• to City of the processing of notices of parking violations and notices of delinquent parking violations which are issued by City or the Department of the California Highway Patrol for parking violations occurring within City. C. The Court currently processes notices of parking violations and notices of delinquent parking violations for parking violations occurring within City. D. City and Court desire that City undertake the processing of parking violations and notices of delinquent violations which are issued by City or the Department of the California Highway Patrol for those parking violations which occur within the City of Santa Clarita. Court shall consider notices of parking violations and notices of delinquent parking violations which are the subject of an appeal to Court in accordance with Vehicle Code Section 40230. E. For purposes of this agreement, "parking violations" means violations of parking regulations contained in the State Vehicle Code or the Santa Clarita Municipal Code and certain equipment violations subject to Vehicle Code Section 40225. 2. TRANSFER OF PROCESSING FUNCTION Court shall process all notices of parking violations and notices of delinquent violations issued by City and the Department of California Highway Patrol for parking violations occurring within the City until October 1, 1993. Thereafter, City shall process all such notices with the exception that Court will continue to process all such notices which are the subject of an appeal to Court in accordance with Vehicle Code Section 40230 or for such notices which were issued prior to October 1, 1993, until December 31, 1993. Responsibility for processing any parking citations still within the Court's jurisdiction on December 31; 1993, shall transfer to the City effective January 1, 1994. 3. PERSONNEL, EQUIPMENT AND FACILITIES City and Court agree that the personnel, equipment and facilities of Court as identified in Exhibit A, attached hereto and incorporated herein by reference, have been transferred to City as of the date of this agreement which are necessary for City to commence processing notices of parking violations and notices of delinquent parking violations. 4. DISTRIBUTION OF PARKING TICKET REVENUE All parking penalties collected by City for notices of parking violations issued by City on and after October 1, 1993, including parking penalties, administrative fees, late payment fees and costs of collection set forth by City resolution shall belong to City as of said date, with the exception of any sums specified under Vehicle Code Section 40200.3. r 5. TERM This agreement shall commence upon the date of execution and shall have a term of one year. However, this agreement shall automatically be renewed for successive one year terns, unless at least sixty (60) days before the anniversary date of the term, either Court or City gives written notice to the other party of its intent to terminate the agreement. 6. ATTORNEYS' FEES Should it become necessary for any party to bring legal action to enforce any provision of this agreement, the prevailing party in such action shall be entitled to recover all attorneys' fees reasonably incurred. 7. ENTIRE AGREEMENT This agreement sets forth and contains the entire understanding of the parties and supersedes any oral or written representation or understanding which is not contained or expressly referred to herein. This agreement may be amended only upon written consent of both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first set forth above. -2- DATED: DATED: Approved as to Form: City orney LOS ANGELES COUNTY MUNICIPAL COURT NEWHALL JUDICIAL DISTRICT By: Earl S. Bradley, Court Administrator for. Los Angeles County Municipal Court Newhall Judicial District ATTEST: CITY OF SANTA CLARITA By: ATTEST: City Clerk -3- ' r'