Legislation Details

File #: HIST-1792    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 2/27/2006 Final action: 2/27/2006
Title: Introduction of an Ordinance Amending Chapter 7.03 of the Culver City Municipal Code to Add Subchapter 7.03.700, et seq. Relating to Specified Veterans Parking Exemptions.
Attachments: 1. Specified Veterans Parking Exemptions A-3.doc, 2. A-3 Veterans Parking.pdf
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: That the City Council consider the introduction of an Ordinance amending Chapter 7.03 of the Culver City Municipal Code (“CCMC”) to add subchapter 7.03.700, et seq. relating to specified veterans parking exemptions. (See Attachment No. 1). BACKGROUND: At its meeting of October 10, 2005, the City Council discussed the issue of possible exemptions for specified veterans from municipal parking fees and/or regulations, where they have been issued special interest license plates by the California Department of Motor Vehicles (“DMV”) relating to their military service. California Vehicle Code Section 5060 (all “Section” numbers shall refer to the California Vehicle Code unless otherwise specified) authorizes the issuance of special interest license plates to organizations meeting specific criteria. Included in this category of special plates are various veteran related groups. The issuance of a special interest license plate within each group is also subject to specific Vehicle Code requirements. The following groups were identified for possible exemptions: Pearl Harbor Survivor (Section 5101.3), Legion of Valor (Section 5101.4), Former American Prisoner of War (Section 5101.5), Congressional Medal of Honor (Section 5101.6) and Purple Heart Recipient (Section 5101.8). (See Attachment No. 2). Such exemptions have been adopted by the City of Fresno and allow a person who has been issued a Medal of Honor, Legion of Valor, Purple Heart, Pearl Harbor Survivor or Former American Prisoners of War special interest license plate to park in certain controlled municipal parking spaces without charge. The exemption applies to automobiles, trucks, motorcycles or other motor-driven forms of Meeting Date: 02/27/05 Item Number: A-3 AGENDA ITEM: Introduction of an Ordinance Amending Chapter 7.03 of the Culver City Municipal Code to Add Subchapter 7.03.700, et seq. Relating to Specified Veterans Parking Exemptions. 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: [X] Public Notification: Master Notification List via email on February 22 nd and Neil Rubenstein, Culver City Veterans Affairs Committee via telephone call on February 22 nd . Department Approval: Charles D. Herbertson 2/16/06 CAO Approval: Martin Cole for Jerry B. Fulwood (2/21/06) City Controller Approval: Marlee Chang (2/21/06)City of Culver City, California City Council Agenda Item Report transportation not in excess of 6,000 pounds gross weight, which display such a special interest license plate issued by the DMV or any other state issuing plates of a similar status. (See Attachment No. 3). At the conclusion of its discussion, the City Council directed staff to draft the necessary CCMC amendments to exempt certain classifications of veterans from having to pay fees for parking in City-owned lots or at metered parking spaces; and requiring compliance with all other CCMC parking regulations, including, but not limited to, street sweeping and permit parking. On December 19, 2005, the Culver City Redevelopment Agency adopted amendments to the Agency’s parking policies for all Agency-Owned and/or operated parking facilities. The amendments approved a new policy in anticipation of the proposed Ordinance and exempts the above specified veterans groups from short- term parking fees. DISCUSSION: As directed by the City Council, staff has prepared the proposed Ordinance amending CCMC Chapter 7.03 to add subchapter 7.03.700, et seq. The proposed Ordinance identifies specific classifications of veterans, including Medal of Honor, Legion of Valor and Purple Heart recipients, Pearl Harbor Survivors and Former American Prisoners of War, who have been issued special interest license plates by the DMV, to be exempted from parking fees in City-owned lots and metered spaces. In addition, the proposed amendment limits the vehicles that may be exempted to automobiles, trucks, motorcycles or other motor-driven forms of transportation not in excess of 6,000 pounds gross weight, which display such special interest license plates issued by the DVM or any other state issuing plates of a similar status. Finally, the proposed Ordinance specifically states that the exemptions do not apply to compliance with any other CCMC parking regulations, such as those applying to height restriction, longer term parking, street sweeping, no parking restrictions, etc. FISCAL ANALYSIS: Staff is not able to estimate the potential revenue lost to the City if the exemptions are adopted. The loss of revenue would be dependent upon the number of special interest license plates issued and the parking of such licensed vehicles in the City. While the fact that some revenue loses would occur, the extent to which these losses may be offset by increased business activity generated by the attraction of more visitors to the City because of such exemptions, similarly cannot be estimated.City of Culver City, California City Council Agenda Item Report ATTACHMENTS: 1. Proposed Ordinance. 2. Excerpt, California Vehicle Code Sections 5101.3, 5101.4, 5101.5, 5101.6 and 5101.8. 3. City of Fresno regulations. MOTIONS: That the City Council: Introduce the Ordinance amending Chapter 7.03 of the Culver City Municipal Code to add a new subchapter relating to exempting vehicles belonging to specified classifications of veterans from certain municipal parking regulations. MEETING DATE February 27 2006 AGENDA ITEM Introduction of an Ordinance Amending Chapter 7 03 of the Culver City Municipal Code to Add Subchapter 7 03 700, et seq Relating to Specified Veterans Parking Exemptions ATTACHMENTS Pages|109| Proposed Ordinance 1-3|109| Excerpt California Vehicle Code Sections 5101 3 4-7 5101 4 5101 5,5101 6 and 5101 8|109| City of Fresno regulations 8ORDINANCE NO 2006- AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA, AMENDING CHAPTER 7 03 OF THE CULVER CITY MUNICIPAL CODE TO ADD SUBCHAPTER 7 03 700, et seq RELATING TO SPECIFIED VETERANS PARKING EXEMPTIONS WHEREAS, the City Council of the City of Culver City acknowledges and appreciates all veterans of the United States Armed Forces and WHEREAS, in further appreciation of those veterans of the United States Armed Forces whom have been recognized for specified distinguished and/or meritorious service, the City Council at its duly noticed public meeting of October 10 2005 considered possible exemptions for these individuals from municipal parking fees and WHEREAS, on October10, 2005 after giving the public an opportunity to be heard and considering all information before it, the City Council decided to allow for an exemption from municipal parking fees to specified veterans, who have been issued a special interest license plate per 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) or 5101 8 (Purple Heart Recipient) NOW THEREFORE the City Council of the City of Culver City California DOES HEREBY ORDAIN as follows SECTION 1 Chapter 7 03 of the Culver City Municipal Code is hereby amended to add subchapter 7 03 700 et seq as follows SPECIFIED VETERANS PARKING EXEMPTIONS § 7 03 700 Definitions § 7 03 705 Privileges of Specified Veterans Parking Exemptions § 7 03 710 Compliance with Other Parking Restrictions -1- I I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28§ 7 03 700 DEFINITIONS For the purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning Motor vehicle means an automobile truck, motorcycle or other motor- driven form of transportation not in excess of 6,000 pounds gross weight Veterans License Plate means a valid license plate issued by the California Department of Motor vehicles pursuant to California Vehicle Code Sections 5101 3 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 American Prisoners of War and such other plates issued by another state which indicate a similar status Controlled parking space means a parking space in a City-owned lot where parking is subject to a fee or a metered space Controlled parking space" does not mean a space assigned to a City employee, or a space dedicated to a disabled person § 7 03 705 PRIVILEGES OF SPECIFIED VETERANS PARKING EXEMPTION A person may park a motor vehicle upon which a Veterans License Plate is displayed in any controlled parking space without charge § 7 03 710 COMPLIANCE WITH OTHER PARKING RESTRICTIONS The provisions set forth in this subchapter do not exempt a vehicle which displays a Veterans License Plate, from compliance with any and all other parking regulations set forth in this Code, including but not limited to, vehicle height restriction, parking time limitation, street sweeping and no parking restrictions -2- I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28SECTION 2 Pursuant to Section 514 of the City Charter, this Ordinance shall take effect thirty (30) days after the date of its adoption Pursuant to Sections 512 and 517 of the City Charter, prior to the expiration of fifteen (15) days after the adoption the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the Culver City News and shall post this Ordinance or a summary thereof in at least three places within the City SECTION 3 The City Council hereby declares that if any provision section, subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this ordinance and as such they shall remain in full force and effect APPROVED AND ADOPTED this day of , 2006 ALBERT M VERA, Mayor City of Culver City, California ATTEST APPROVED AS TO FORM CHRISTOPHER ARMENTA, City Clerk CAROL A SCHWAB City Attorney|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28ATTACHMENT NO 2 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 2 Veterans Parking Exemption 02 27 06 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 L Sa---Attachment No 2 Veterans Parking Exemption 02 27 06 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 6Attachment No 2 Veterans Parking Exemption 02 27 06 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) 7ATTACHMENT NO 3 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/ g