HomeMy WebLinkAboutAgenda Report - June 19, 2013 I-01AGENDA ITEM Took
ta-- CITY OF LODI
,. COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Setting Entry Permit Fine For Lodi Lake Park, and Introduce
Ordinance Amending Lodi Municipal Code Chapter 12.12 - Parks - by Adding
Section 12.12.305, "Lodi Lake Park -- Vehicle Entry Restrictions"
MEETING DATE: June 19, 2013
PREPARED BY: Parks, Recreation and Cultural Services Director
RECOMMENDED ACTION: Adopt resolution setting entry permit fine for Lodi Lake Park, and
introduce ordinance amending Lodi Municipal Code Chapter 12.12 -
Parks - by adding section 12.12.305, "Lodi Lake Park -- Vehicle
Entry Restrictions."
BACKGROUND INFORMATION: The City has charged a vehicle entry fee for Lodi Lake Park since at
least 1976. In_ 2011. the._City Council set the current entry feesand,
on April 17, 2013, set a fee for -an -annual passe -
Currently, vehicle entry fees are collected in three ways: 1) By a gate attendant on a seasonal basis; 2)
by a self -serve fee collection station; 3) from visitors purchasing an annual entry pass. Visitors who fail to
pay the fee could be cited under Lodi Municipal Code Section 12.12.300 ("Parking - Where permitted"),
which requires persons to park vehicles in accordance with posted directions, but the ordinance does not
specifically address nonpayment of the approved fee or the fact that it is really a vehicle entry fee, not a
fee to park. The proposed ordinance and resolution closes that loop.
The proposed ordinance specifies that vehicles entering at Lodi Lake Park must show proof of payment
on the dashboard or, if an annual pass, hung from the rear-view mirror. It also states that annual passes
may be purchased at the Parks, Recreation and Cultural Services Department offices or the park gate.
Vehicles failing to display a valid pass are subject to citation and the City Council has the authority to set
penalties, fees and charges related to violations of this section. Adopting the attached resolution sets the
fine for violating the entry permit requirement at $50, the equivalent of an annual pass, subject to
adoption of the proposed ordinance after the second reading.
Adopting this ordinance does not increase park fees, but provides PRCS additional means to collect fees
previously established. Park visitors also have the option to avoid an entry fee altogether by entering the
park by foot or by bicycle.
Parking enforcement would be by the park police officers or other authorized enforcement personnel.
New signs will notify visitors of the requirement to pay the entry fee at all times, rather than only when a
gate attendant is on duty. Education efforts have already begun, and the Parks, Recreation and Cultural
Services Department intends to focus initially on encouraging payment of the vehicle entry fee instead of
a heavy-handed enforcement approach.
Bartlam, City Manager
Adopt Resolution Setting Entry Permit Fine For Lodi Lake Party and Introduce Ordinance Amending Lodi Municipal Code Chapter
12.12 — Parks — by Adding Section 12.12.305, "Lodi Lake Park — Vehicle Entry Restrictions"
Page 2
June 19, 2013
FISCAL IMPACT: Some additional entry fee revenue for PRCS in an unknown amount. Entry
permit fine revenue will flow to the General Fund. Minimal cost for updating
existing signs.
FUNDING AVAILABLE: Not applicable.
)//], X
Jeff Hood
Parks, reation and ultural Services Director
JH:tl
Cc: City Attorney
_, _Attachment:
Proposed -Ordinance—. _
Resolution
P:\Word Documents\City Council\Communications 2013\6-19-13 Lodi -Lake -Parking -Ordinance CC.doc 6/6/2013
RESOLUTION NO. 2013-127
A RESOLUTION OF THE LODI
CITY COUNCIL SETTING FINE FOR
NONPAYMENT OF LODI LAKE PARK
VEHICLE ENTRY FEE
WHEREAS, the City has charged a vehicle entry fee for Lodi Lake Park since
1976, and in 2011 the City Council set the current entry fees, and on April 17, 2013, set
a fee for an annual pass; and
WHEREAS, currently, vehicle entry fees are collected in three ways: 1) by a gate
attendant on a seasonal basis; 2) by a self -serve fee collection station; or 3) from
visitors purchasing an annual entry pass; and
WHEREAS, the Lodi Municipal Code does not specifically address the issue of
nonpayment by vehicles entering Lodi Lake when an attendant is not present; and
WHEREAS, staff has brought forth a proposed ordinance change requiring that
all vehicles that enter Lodi Lake Park must_ show proof of payment on the dashboard or,
if an annual pass, hung from the rear-view mirror; and - -- -
WHEREAS, the ordinance also states that annual passes may be purchased at
the Parks, Recreation and Cultural Services Department offices or the park gate.
Vehicles failing to display a valid pass are subject to citation and the City Council has
the authority to set penalties, fees, and charges related to violations of this section; and
WHEREAS, staff recommends that the City Council adopt this Resolution setting
forth the fine for violating the Lodi Lake Park entry permit requirement at $50, the
equivalent of an annual pass, subject to adoption of the proposed ordinance; and
WHEREAS, enforcement of this requirement would be by the park police officers
or other authorized enforcement personnel, and new signs will notify visitors of the
requirement to pay the entry fee at all times, rather than only when a gate attendant is
on duty.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the $50 fine for violating the Lodi Lake Park vehicle entry restriction and may
be cited under Lodi Municipal Code Section 12.12.305(D); and
BE IT FURTHER RESOLVED that this Resolution shall only take effect 30 -days
following and subject to the final adoption of the Ordinance amending Lodi Municipal
Code Chapter 12.12 — Parks — by adding Section 12.12.305, "Lodi Lake Park — Vehicle
Entry Restrictions."
Dated: June 19, 2013
I hereby certify that Resolution No. 2013-127 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held June 19, 2013, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
eM HL
City Clerk
2013-127
ORDINANCE NO.
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE CHAPTER 12.12 — PARKS — BY
ADDING SECTION 12.12.305, "LODI LAKE PARK —
VEHICLE ENTRY RESTRICTIONS"
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 12.12 — Parks - is hereby amended by adding
Section 12.12.305 - "Lodi Lake Park —Vehicle Entry Restrictions" and shall read as follows:
Lodi Lake Park - Parking Restrictions.
A. No person shall enter Lodi Lake Park in any vehicle unless the vehicle
contains a properly displayed valid annual entry permit, issued by the City of
Lodi, or purchases a day use entry pass from either the gate attendant or the
self -pay station located at the entrance to Lodi Lake Park. The annual pass
or daily pass must be displayed on the driver's side dashboard or hung from
the rear-view mirror with the expiration date/issuance date visible from the
exterior of the vehicle.
B. Annual permits for Lodi Lake Park can be purchased at the administrative
offices of the Parks, Recreation and Cultural Services Department or from a
park gate attendant when available. The fee for the annual permits will be
established from time to time by Council Resolution.
C. Vehicles entering Lodi Lake Park without a valid annual permit or valid day
use pass will be in violation of this Chapter and subject to citation.
D. By resolution adopted pursuant to this section, council shall adopt a
schedule of penalties, administrative fees and any other charges related to
violation of this section. The schedule may be amended by council from time
to time by resolution.
E. This section shall not apply to a governmental entity, Special District or
public utility vehicles on the site in connection with the entities operations.
SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not
be construed or given effect in a manner which imposes upon the City, or any officer or
employee thereof, a mandatory duty of care towards persons or property within the City or
outside of the City so as to provide a basis of civil liability for damages, except as otherwise
imposed by law.
SECTION 3. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of
any particular portion thereof.
SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 5. This ordinance shall be published pursuant to law and shall become effective
30 days from the date of passage and adoption.
Approved this day of , 2013
ALAN NAKANISHI
MAYOR
ATTEST:
RAND JOHL
City Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was
introduced at a regular meeting of the City Council of the City of Lodi held June 19, 2013,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held , 2013, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. was approved and signed by the Mayor on the date
of its passage and the same has been published pursuant to law.
Approved to Form:
D. STEPHEN SCHWABAUER
City Attorney
061
RAND JOHL
City Clerk
Ordinance: Lodi' Lake-Parl(
Vehicle Entry Restrictions
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City Council
junelg,2013
Goals
• Increase collection of Council -approved entry fees
• No increase in fees
• Create incentive for payment
• Carrot: Educate park visitors, provide flexibility
• Annual pass available for purchase
• Stick: Create penalty for refusing to pay
Current practice
• Collect fee only when gate is staffed
• Entry fee not collected at other times (early mornings,
evenings)
• No fee to enteron foot or bicycle
• Began selling annual passes in May
Approach
• Similar to county, state and federal parks
• Combination of attended gate,
self-service
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Resolution setting fine
• Entry fee at Lodi Lake since at least 1976
• Entry fee will be payable in three ways
• At entry gate
• Self -serve at "iron ranger" (envelopes en route)
• Annual fee
• No penalty currently established for failing to pay
• City Attorney's Office recommends $50 ane (same as
an annual pass)
Resolution setting fine
• Enforcement -- Park staff working with:
• Park Police Officer
• Partners
• Parking enforcement officer
Proposed ordinance
• Specifies Lodi Lake Park, payment required
• Describes payment methods, proof of payment
• Refers to fine schedule (resolution) as penalty for
violation
• Exempts government vehicles in connection with
official duties
PRCS approach
le Continue staffing
entry gate as normal
• Work with Park
Police Officers, others,
on educating
11
nonpaying entries
• San Joaquin County
example at right
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Requested action
• Adopt resolution setting entry permit fine for Lodi
Lalce Park
• Introduce Ordinance specifying payment required for
entry into Lodi Lake Park