City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
That the City Council consider the options presented and give further direction to
staff regarding exempting vehicles belonging to certain classification of veterans
from certain municipal parking regulations.
BACKGROUND:
At the City Council meeting of May 23, 2005, Councilmember Rose requested and
the Council concurred that this item be scheduled on a future agenda for
discussion.
The issue relates to whether the City should exempt from municipal parking fees
and/or regulation certain holders of special interest license plates issued to certain
veterans of the United States Military Services.
Section 5060, of the State of California Vehicle Code (VC) allows for the issuance
of special interest license plates to organization meeting specific criteria. Included
in this category of special plates are different veteran related groups. The issuance
of a special license plate within each group is also subject to specific VC
requirements. For purposes of this discussion, the groups being considered for
exemptions are VC Sections 5101.3 Pearl Harbor Survivor, 5101.4 Legion of Valor,
5101.5 Former American Prisoner of War, 5101.6 Congressional Medal of Honor
and 5101.8 Purple Heart Recipient (See Attachment No. 1).
Other than the provisions of VC Section 22511.5, Disabled Parking, which applies
to disabled veterans, the VC does not provide specific exemptions for any special
interest licensed vehicles from local parking fees and/or regulations. Local
jurisdictions may adopt such exemption that they deem appropriate.
Meeting Date: 10/10/05 Item Number: A-7
AGENDA ITEM: Consideration Regarding Exempting Vehicles Belonging to
Certain Classification of Veterans from Certain Municipal Parking Regulations.
Contact Person/Dept.: John Rivera/PW Phone Number: 253-6423
Fiscal Impact: Yes [x] No [ ] General Fund: Yes [x] No []
Public Hearing: [ ] Action Item: [x] Attachments: []
Public Notification:
Master Notification List via email on October 5
th
and Neil Rubenstein, Culver City
Veterans Affairs Committee via telephone call on October 5
th
.
Department Approval:
Charles D. Herbertson 9/29/05
CAO Approval:
Scott Bixby for Jerry Fulwood 10/4/05
City Controller Approval:
Mary Noller for Marlee Chang for 10/4/05City of Culver City, California
City Council Agenda Item Report
Such exemptions have been adopted by the City of Fresno. The Fresno
regulations allow a person to park a motor vehicle with a special license plate
issued to Medal of Honor recipients, Legion of Valor recipients, Purple Heart
recipients, Pearl Harbor Survivors and Former Prisoners of War to park in certain
controlled municipal parking spaces without charge and/or compliance with certain
time limits. The exemption applies to automobiles, trucks, motorcycles or other
motor-driven form of transport not in excess of 6.000 pounds gross weight, and
displaying such special licenses issued by any State in the United States (See
Attachment No. 2).
DISCUSSION:
As stated above the Council is being asked to consider whether it should exempt
vehicles belonging to certain classifications of veterans from certain municipal
parking regulations and if so, what exemptions should be adopted. The following
discussion is formatted to pose questions for City Council discussion and to provide
direction on the related issues.
1. Should the City Council adopt exemptions from the City’s parking regulations for
certain veteran groups?
YES, continue to question No. 2.
NO, conclude discussion.
2. What exemptions from the municipal parking regulations does the City Council
want to adopt?
As stated above, the City of Fresno exempts certain motor vehicle from certain
controlled municipal parking space without charge and/or certain time limits.
These controlled municipal parking spaces include parking spaces in a city-
owned lot or a parking space in a time restricted zone of one hour or more, or a
metered space.
In addition to any parking fee exemptions, the City Council could adopt
exemptions similar to some of those in VC Section 22511.5 which allow disabled
persons, including disabled veterans, and displaying a special license plate or
placard to park:
(A) On a street on which preferential parking privileges have been placed.
(B) In any time-limited parking zone that is restricted as to length of time
parking is permitted as indicated by a sign erected pursuant to local
regulations.City of Culver City, California
City Council Agenda Item Report
If the City Council wants to adopt exemptions similar to those listed above for
disabled persons, staff would recommend that language specifically stating that
the exemptions do not apply to compliance with height restriction, longer term
parking, street sweeping, no parking restrictions, etc.
Staff also recommends that any exemptions the City Council adopts apply only to
automobiles, trucks, motorcycles or other motor-driven form of transport not in
excess of 6.000 pounds gross weight, displaying such special licenses issued by
any State in the United States.
3. Which special classifications of veterans of the United States Military Services do
the City Council want to include in the exemptions?
The City of Fresno exemption applies to the following classifications of veterans:
Pearl Harbor Survivor, Legion of Valor, Former American Prisoner of War,
Congressional Medal of Honor and Purple Heart Recipient.
The City Council should provide staff with direction as to whether all or some of
these groups be included in any exemptions.
If the City Council votes to adopt such exemptions, various sections of the Culver
City Municipal Code (CCMC) will have to be amended. Staff will return to the
Council at a later date with a recommended ordinance amending the CCMC
provisions to implement the City Council’s direction.
Survey of Cities
As is typically done for proposals of this nature, Public Works Department staff
attempted to determine if other jurisdictions in California have adopted similar
exemptions. On August 12
th
and again on August 23
rd
, the Department posted a
survey request for this issue on the League of California Cities’ “ListServes”, which
distribute the survey request to 1070 individuals that participate. As a result of this
survey request, only the City of Fresno responded that they had such exemptions,
and six other cities responded that they did not have such exemptions.
FISCAL ANALYSIS:
Staff is not able to estimate the potential revenue lost to the City if the exemptions
are adopted. The lost of revenue would be dependent on the number of special
license plates issued and the parking of such licensed vehicle in the City. While the
fact that some revenue loses would occur, the extent to which these loses may be City of Culver City, California
City Council Agenda Item Report
offset by increased business activity generated by the attraction of newer visitors to
the City because of such exemptions, similarly can not be estimated.
While it will not yield specific cost information, staff has submitted a request to the
California Department of Motor Vehicles (DMV) requesting information on the
numbers of these types of special license plate issued in the state, Los Angeles
County and the City. This information would provide some insight into what
percentage of the total number of such vehicles are of the general population and
perhaps an idea of the magnitude of the potential impact to parking revenues As of
the writing of this report, the DMV has contacted staff and advised us that they
would attempt to provide information in the near future.
ATTACHMENTS:
1. Excerpt, State of California Vehicle Code Sections 5101.3 Pearl Harbor
Survivor, 5101.4 Legion of Valor, 5101.5 Former American Prisoner of War,
5101.6 Congressional Medal of Honor and 5101.8 Purple Heart Recipient.
2. City of Fresno, California, Municipal Code Article 24 Specified Veterans’ Permit
Parking.
MOTIONS:
That the City Council:
1. (a) Direct staff to prepare an amendment to the Municipal Code to adopt
exemptions for certain classification of veterans from parking regulations,
and provide specific direction to staff regarding those exemptions;
OR
(b) Take no action at this time.
2. Provide direction to staff regarding what specific exemptions from parking
regulations should be incorporated into the Municipal Code amendment:
(a) Exempts only automobiles, trucks, motorcycles or other motor-driven form of
transport not in excess of 6.000 pounds gross weight, displaying special
licenses issued by any State in the United States, from having to pay fees for
parking in city-owned lot or at a metered parking space.
And/Or,City of Culver City, California
City Council Agenda Item Report
(b) Allow any such vehicle displaying a special license plate to park for unlimited
periods in any of the following zones, subject to limitations in (c):
(i) On a street on which preferential parking privileges have been placed.
(ii) Any time-limited parking zone that is restricted as to length of time parking
is permitted as indicated by a sign erected pursuant to local regulations.
(c) Except that the exemptions do not apply to compliance with height restriction,
longer term parking, street sweeping, no parking restrictions, etc.
3. Provide direction to staff regarding what specific classifications of veterans of the
United States Military Services are to be included in the exemption:
(a) 5101.3 Pearl Harbor Survivor;
(b) 5101.4 Legion of Valor;
(c) 5101.5 Former American Prisoner of War;
(d) 5101.6 Congressional Medal of Honor, And/Or,
(e) 5101.8 Purple Heart Recipient.
10/10/05
Consideration Regarding Exempting
Vehicles Belonging to Certain Classification
of Veterans from Certain Municipal Parking
Regulations
MEETING DATE
AGENDA ITEM
ATTACHMENTS
Pages|109| Excerpt State of California Vehicle Code Sections
1-4
5101 3 Pearl Harbor Survivor, 5101 4 Legion of Valor,
5101 5 Former American Prisoner of War 5101 6
Congressional Medal of Honor and 5101 8 Purple
Heart Recipient|109| City of Fresno, California, Municipal Code Article
5
24 Specified Veterans' Permit ParkingATTACHMENT NO
California Vehicle Code Division 3 - Registration of
Vehicles and Certificates of Title
5101 3 Pearl Harbor Survivor Plates
5101 3 (a) Any person otherwise eligible under this article who qualifies under
subdivision (b) may apply for special license plates that shall run in a separate numerical
series and shall contain the words Pearl Harbor Survivor" The plates may be issued for
any vehicle except a vehicle used for transportation for hire compensation or profit or
a motorcycle which is owned or co-owned by the person
(b) To qualify for issuance of the special plates the applicant by satisfactory proof shall
show all of the following
(1) The applicant was a member of the United States Armed Forces on December 7
1941 and received an honorable discharge from military service
(2) The applicant was on station at Pearl Harbor the Island of Oahu or offshore within a
distance of three miles on December 7 1941 during the hours of 7 55 a m to 9 45
a m Hawaii time as certified by a California chapter of the Pearl Harbor Survivors
Association
(c) Upon the death of a person issued special license plates pursuant to this section his
or her surviving spouse may retain the special license plates subject to the conditions
set forth in this section Upon the death of the spouse the retained special license plates
shall be returned to the department either (1) within 60 days following that death or (2)
upon the expiration of the vehicle registration whichever occurs first
(d) Sections 5106 and 5108 do not apply to this section
Amended Sec 2 Ch 114 Stats 1997 Effective January 1 1998
Amended Sec 1 Ch 612 Stats 1999 Effective January 1 2000
5101 4 Legion of Valor License Plates
5101 4 (a) Any person otherwise eligible under this article who is a recipient of the
Army Medal of Honor Navy Medal of Honor Air Force Medal of Honor Army
Distinguished Service Cross Navy Cross or Air Force Cross may apply for special
license plates for the vehicle under this article
(b) The applicant by conclusive evidence shall show that the applicant is a recipient of
one of the nation's highest decorations for valor as specified in subdivision (a)Attachment No 1
Veterans Parking Exemption
10 10 05
Page 2 of 4
(c) The special license plates issued under this section shall contain the words Legion
of Valor' and shall run in a regular numerical series An adhesive sticker denoting which
of the nation's highest decorations for valor as specified in subdivision (a) is held by the
applicant shall be affixed in a recess provided for it on the license plates
(d) Upon the death of a person issued special license plates pursuant to this section his
or her surviving spouse may retain the special license plates subject to the conditions
set forth in this section Upon the death of the spouse the retained special license
plates shall be returned to the department either (1) within 60 days following that death
or (2) upon the expiration of the vehicle registration whichever occurs first
(e) Sections 5106 and 5108 do not apply to this section
Added Ch 358 Stats 1991 Effective January 1 1992
Amended Ch 392 Stats 1993 Effective January 1 1994
Amended Sec 2 Ch 612 Stats 1999 Effective January 1 2000
5101 5 Special License Plates Former American Prisoners of War
5101 5 (a) Any person otherwise eligible under this article who is a former American
prisoner of war may apply for special license plates for the vehicle under this article The
special plates assigned to the vehicle shall run in a separate numerical series and
contain a replica design of the American Prisoner of War Medal followed by the letters
POW and four numbers The special license plates issued under this subdivision also
shall contain the following words Ex-Prisoner of War The department shall pursuant
to this article reserve and issue the license plates provided for by this section only to
persons who show by satisfactory proof his or her former prisoner of war status Any
person otherwise issued license plates within this series pursuant to this article prior to
January 1 1982 may retain them
(b) Special license plates may be issued pursuant to subdivision (a) only for a vehicle
owned or co-owned by a former American prisoner of war
(c) Upon the death of a person issued special license plates pursuant to this section his
or her surviving spouse may retain the special license plates subject to the conditions
set forth in this section Upon the death of the spouse the retained special license plates
shall be returned to the department either (1) within 60 days following that death or (2)
upon the expiration of the vehicle registration whichever occurs first
(d) Any vehicle exempted from fees by Section 9105 and by Section 10783 of the
Revenue and Taxation Code shall lose the exemption upon the death of the former
American prisoner of war
(e) Sections 5106 and 5108 do not apply to this section
ifAttachment No 1
Veterans Parking Exemption
10 10 05
Page 3 of 4
(f) The department shall recall all former prisoner-of-war license plates issued pursuant
to this section prior to January 1 1999 and shall issue to the holder of those plates
without charge the revised plates authorized by this section
(g) This section shall become operative on July 1 1999
Added Sec 4 Ch 563 Stats 1998 Effective January 1 1999 Operative July 1 1999
5101 6 Congressional Medal of Honor
5101 6 (a) Any person otherwise eligible under this article who is a Congressional
Medal of Honor recipient may apply for special license plates for the vehicle under this
article The special license plates assigned to the vehicle shall run in a separate
numerical series and shall have inscribed on the license plate the words Congressional
Medal of Honor" or "Medal of Honor" The department shall reserve and issue the
special license plates to all applicants providing the proof required by subdivision (b)
(b) The applicant shall by satisfactory proof show that the applicant is a Congressional
Medal of Honor recipient
(c) Special license plates may be issued pursuant to subdivision (a) only for a vehicle
owned or co-owned by a Congressional Medal of Honor recipient
(d) Upon the death of a person issued special license plates pursuant to this section his
or her surviving spouse may retain the special license plates subject to the conditions
set forth in this section Upon the death of the spouse the retained special license
plates shall be returned to the department either (1) within 60 days following that death
or (2) upon the expiration of the vehicle registration whichever occurs first
(e) Any vehicle exempted from fees by Section 9105 and by Section 10783 of the
Revenue and Taxation Code shall lose the exemption upon the death of the
Congressional Medal of Honor recipient
(f) Sections 5106 and 5108 do not apply to this section
Amended Ch 392 Stats 1993 Effective January 1 1994
5101 8 Purple Heart Recipient Plates
5101 8 (a) Any person otherwise eligible under this ( ) 1 article who is a Purple Heart
recipient may apply for special license plates for vehicles that are not used for
transportation for hire compensation or profit under this article The special plates
assigned to the vehicle shall run in a separate numerical series shall have inscribed on
the plate the Purple Heart insignia and shall contain the words "Combat Wounded and
Purple Heart' or at least the letters PH' as part of the numerical series The
3Attachment No 1
Veterans Parking Exemption
10 10 05
Page 4 of 4
department shall reserve and issue the special plates to all applicants providing the
proof required by subdivision (b)
(b)
The applicant by satisfactory proof shall show that the applicant is a Purple Heart
recipient
(c) Special plates may be issued pursuant to subdivision (a) only for a vehicle owned or
co-owned by a Purple Heart recipient ( )2
(d) Upon the death of a person issued special license plates pursuant to this section his
or her surviving spouse may retain the special license plates subject to the conditions
set forth in this section Upon the death of the spouse the retained special license
plates shall be returned to the department either (1) within 60 days following that death
or (2) upon the expiration of the vehicle registration whichever occurs first
(e) When an applicant for the Purple Heart license plate qualifies as a disabled veteran
as specified in subdivision (b) of Section 22511 55 the applicant may also apply for a
distinguishing placard described in subdivision (a) of Section 22511 55 to be used in
conjunction with the Purple Heart license plate for the purpose of allowing special
parking privileges pursuant to subdivision (a) of Section 22511 5 ( )3
(f) Sections 5106 and 5108 do not apply to this section
Amended Sec 171 Ch 91 Stats 1995 Effective January 1 1996
Amended Sec 3 Ch 612 Stats 1999 Effective January 1 2000 Amended Sec 1 Ch
201 Stats 2004 Effective January 1 2005
The 2004 amendment added the italicized material and at the point(s) indicated deleted
the following
1 "Article'
2 and may not be transferred to any other person including the co-owner of the
vehicle The special plates shall be surrendered to the department upon the death of the
Purple Heart recipient"
3 (e)ATTACHMENT NO 2
MUNICIPAL CODE
City of Fresno, California
ARTICLE 24 SPECIFIED VETERANS' PERMIT PARKING
Sec 10-2401 Definitions
Sec 10-2402 Privileges of Veterans Parking Permits
Sec 10-2403--10-2410 (Repealed)
SECTION 10-2401 DEFINITIONS
(a) Unless the particular provision or the context otherwise requires the
definitions and provisions contained in this section shall govern the construction
meaning and application of words and phrases used in this article and except to the
extent that a particular word or phrase is otherwise specifically defined in this section
the definitions and provisions contained in Article 3 of Chapter 1 of this Code shall also
govern the construction meaning and application of words and phrases used in this
article unless the particular provisions or the context otherwise requires The definition of
each word or phrase shall constitute to the extent applicable the definition of each word
or phrase which is derivative from it or from which it is a derivative as the case may be
(b) "Motor vehicle" means an automobile truck motorcycle or other motor-driven
form of transportation not in excess of 6 000 pounds gross weight
(c) Veterans License Plate means a valid license plate issued by the California
Department of Motor vehicles under Vehicle Code Section 5101 4 5101 5 5101 6 and
5101 8 or such other statutes as later enacted which provide for the issuance of license
plates to Medal of Honor recipients Legion of Valor recipients Purple Heart recipients
Pearl Harbor Survivors and Former Prisoners of War and such other plates issued by
another state which indicate a similar status
(d) Controlled parking space for purposes of this Article means a parking
space in a city-owned lot or space in a time restricted zone of one hour or more or a
metered space "Controlled parking space does not mean a space assigned to city
employees a time controlled space of less than one hour or space dedicated to
disabled persons (Added Ord 96-27 § 2 eff 5-10-96 Am Ord 96-75 § 2 eff 1-17-
97)
SECTION 10-2402 PRIVILEGES OF VETERANS' PARKING LICENSES A person
may park a motor vehicle upon which a Veterans Parking license is displayed in any
controlled parking space without charge (Added Ord 96-27 § 2 eff 5-10-96 Am Ord
96-75 § 2 eff 1-17-97)
Editor's note Ord 96-75 § 4 effective January 17 1997 repealed former Section
10-2402 § 4 of said ordinance renumbered former § 10-2403 as a new § 10-2402
SECTIONS 10-2403--10-2410 REPEALED
Editor's note Ord 96-75 § 5 effective January 17 1997 repealed former Sections
10-2404--10-2410
http //www fresno gov/public_docs/|1013|