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HomeMy WebLinkAboutUniform Bail Schedule - Resolution 2010-85 - Increasing fine Ali Council/Agency Meeting Held:_ Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied t CI rk's Si ature Council Meeting Date: March 21, 2011 Department ID Number: PD-11-003 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Adopt Resolution No. 2011-13 adopting an amended Uniform Bail Schedule for parking violations Statement of Issue: On November 15, 2010, the City Council adopted Resolution 2010-85, which amended the uniform bail schedule for parking citations. During a recent audit of the bail schedule, typographical errors were discovered in some of the fines and municipal code sections listed. The errors have been corrected and a new bail schedule was created. Financial Impact: None Recommended Action: Motion to: Adopt Resolution No. 2011-13, "A Resolution of the City Council of the City of Huntington Beach, California, Adopting an Amended Uniform Bail Schedule for Parking Violations." Alternative Action(s): Do not approve the attached Resolution and direct staff accordingly. HB - - Item 4. - 1 ATTACHMENT # 1_, RESOLUTION NO. 2010-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA,ADOPTING AN AMENDED UNIFORM BAIL SCHEDULE FOR PARKING VIOLATIONS WHEREAS, Vehicle Cade section 40203.5 requires local governing bodies to establish a schedule of parking penalties for parking violations. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Huntington Beach, California,pursuant to the aforesaid authority, does hereby rescind Resolution 2009-07 and adopts the Uniform Bail Schedule for parking violations, attached hereto as Exhibit "A." PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of November , 2010. M o REVIE D APPROVED: APB VED AS TO FORM: City nistrator Ci Attorney plco c \Z'(0\�o INITIATED AND APPROVED: Police Chief 10-2685/54308 Resolution No. 2010-85 CITY OF HUNTINGTON BEACH UNIFORM BAIL SCHEDULE FOR PARKING VIOLATIONS CODE SECTION DESCRIPTION BAIL 10.24.020 HBMC NO TRUCK PARKING 52.00 10.40.030 HBMC PARKING IN PARKWAY 42.00 10.40.050(c) HBMC NO PARKING, SIGNS PSTD/RED CURB 61.00 10.40.050(d) HBMC STREET SWEEPING 44.00 10.40.060 HBMC 72 HOUR VIOLATION 1 42.00 10.40.080 HBMC REPAIRING VEHICLE ON STREET 52.00 10.40.100(b) HBMC PARKING ADJACENT TO SCHOOLS 52.00 10.40.110(b) HBMC PARKING/NARROW STREETS 52.00 10.40.115 HBMC BLOCKING ACCESS WAYS 42.00 10.40.125 HBMC VEHICLE PARKED FOR SALE 39.00 10.40.170 HBMC EMERGENCY PARKING SIGNS 52.00 10.40.200(a) HBMC DIAGONAL PARKING 42.00 10.40.230(b) HBMC PARKING SPACE MARKINGS 42.00 10.40.240(b) HBMC NO STOPPING ZONE 43.00 10.44.010 HBMC 24 MIN PRKG RESTRICTED HRS 42.00 10.44.020 HBMC 12 OR 24 MINUTE PARKING 42.00 10.44.030 HBMC 1 HOUR PARKING 42.00 10.44.040 HBMC 2 HOUR PARKING 42.00 10.44.060(a) HBMC OVERSIZED VEHICLE PARKING 82.00 10.44.060(b) HBMC OVERSIZED VEHICLE 96" x 96" 82.00 10.44.060(e) HBMC NON MOTORIZED VEHICLES 82.00 10.44.060(f) HBMC RV OVER 20 FT PKD IN RES AREA 82.00 10.44.065(a) HBMC OVERSIZED OVER 24 HOURS 42.00 10.45.065(d) HBMC UNATTACHED NON-MOTORIZED 82.00 10.45.070 HBMC ARTERIAL HIGHWAYS 82.00 10.44.080 HBMC RV PKD OVERNIGHT COMM AREA 82.00 10.48.050(c) HBMC WHITE CURB 42.00 10.48.070 HBMC 3 MINUTE PARKING 27.00 10.48.090 HBMC YELLOW CURB 42.00 10.48.100 HBMC PASSENGER LOADING ZONE 42.00 10.48.105 HBMC 3 MINUTE ZONE 42.00 10.48.110 HBMC ALLEY PARKING 42.00 10.48.130 HBMC MORNING PARKING RESTRICTION 42.00 10.48.150 HBMC EXTENDED LOADING TIME 42.00 10.52.010(a) HBMC DESIGNATED SPACE 42.00 10.52.010(c) HBMC OBSTRUCTING ENTRANCE 42.00 10.52.010(d) HBMC NO PARKING/SIGNS POSTED 42.00 10.52.010(f) HBMC RESERVED PARKING 42.00 10-2685/54309 1 Resolution No. 2010-85 10.64.060 HBMC OUT OF SPACE/METERED AREA 42.00 10.68.010 HBMC FAILURE TO ACTIVATE METER KNOB 42.00 10.68.015 HBMC PARKING INOPERABLE METER 42.00 10.68.020 HBMC EXPIRED METER/BUSINESS 48.00 10.68.030 HBMC EXPIRED METER/RESIDENTIAL 48.00 10.68.040 HBMC EXPIRED METER/RECREATIONAL 48.00 10.68.060 HBMC SLUGS IN METERS 77.00 13.08.280 HBMC UNAUTHORIZED VEHICLES 42.00 13.08.300(b) HBMC NO PRKG 1 OPM-5AM EXCEPT BY PRMT 42.00 13.08.300(k) HBMC RESERVED PARKING 42.00 13.28.040 HBMC FAILURE TO PAY CAMPING FEES 82.00 13.28.080 HBMC VACATE CAMPSITE PRIOR TO 12PM 42.00 13.28.270 HBMC PARKED AT RESERVED CAMP SITE 42.00 13.28.280 HBMC BEACH LOT/COMMERCIAL VEHICLE 42.00 13.48.060 HBMC VEHICLES IN PARK 42.00 21113(a) CVC PUBLIC GROUNDS 55.00 21211 CVC BLOCKING BIKE LANE 40.00 22500.1 CVC FIRE LANE PARKING 77.00 22500(a) CVC PARKED IN INTERSECTION 55.00 22500(b) CVC CROSSWALK 55.00 22500(e) CVC DRIVEWAY 55.00 22500(f) CVC SIDEWALK 55.00 22500(h) CVC DOUBLE PARKED 55.00 22500(1) CVC BUS ZONE 55.00 22500(k) CVC BRIDGE 55.00 22500(l) CVC BLKING/ON HANDICAPPED RAMP 55.00 22502(a) CVC CURB PARKING 55.00 22502(e) CVC ONE WAY PARKING 55.00 22505(a) CVC NO PARKING 55.00 22505(b) CVC NO PKG/SIGNS PSTD/STATE HIWAY 55.00 22507.8(a) CVC PARKING HANDICAPPED SPACE 355.00 22507.8(c)(2) CVC PKG IN HANDICAPPED HASHMARKS 355.00 22514 CVC FIRE HYDRANT 55.00 22515 CVC UNATTENDED VEHICLE 55.00 22522 CVC HANDICAPPED RAMP 55.00 22526(a) CVC ANTI GRIDLOCK 56.00 231.02(E)(1) HBMC PKG ON FRONT LAWN PROHIBITED 56.00 4000(a)(1) CVC EXPIRED REG - $10 W/PRF CORR 66.00 5200 CVC TWO LIC. PLATES REQ/SHOW PROOF 3.00 5204 CVC MO/YR TABS REQ - $10 W/PRF 31.00 10-2685/54309 2 Res. No. 2010-8 STATE OF CALIFORNIA COUNTY OF ORANGE ' ss: CITY OF HUNTINGTON BEACH I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on November 15, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Hansen NOES: Dwyer ABSENT: None ABSTAIN: None Cyy Clerk and ex-offici&tlerk of the City Council of the City of Huntington Beach, California REQUEST- FOR COUNCIL ACTION MEETING DATE: 3/21/2011 DEPARTMENT ID NUMBER: PD-11-003 Analysis: The FY 2010/11 State budget included an increase in various court fees to address funding shortages in the state court system. Specifically, Senate Bill 857 (SB 857) authorized the State to levy an additional three dollar ($3.00) fee on all parking citations issued by cities and counties. On November 15, 2010, Council adopted Resolution 2010-85, which amended the uniform bail schedule for parking citations to include this new fee. During a recent audit of the fee schedule, staff discovered typographical errors in five (5) of the bail amounts and three (3) municipal code sections listed. Those errors have been corrected and an updated uniform bail schedule has been completed. The typographical changes are listed below and highlighted in bold. Adopted Resolution 2010-85 Recommended Changes 10.44.065(a) Oversized Over 24 Hours 10.44.065(d) Oversized Over 24 Hours 10.45.065(d) Unattached Non-Motorized 10.44.065(e) Unattached Non-Motorized 10.45.070 Arterial Highways 10.44.070 Arterial Highways Alley Parking - $42.00 Alley Parking - $52.00 Vehicles In Park - $42.00 Vehicles In Park - $52.00 Handicapped Space - $355.00 Handicapped Space - $356.00 Handicapped Hashmarks - $355.00 Handicapped Hashmarks - $356.00 Two License Plates required - $3.00 Two License Plates Required - $10.00 Environmental Status: N/A Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): 1. Resolution No. 2011-13, "A Resolution of the City Council of the City of Huntington Beach, California, Adopting an Amended Uniform Bail Schedule for Parking Violations." Item 4. - 2 HB - - ATTACHMENT # 1 RESOLUTION NO. 2011-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA,ADOPTING AN AMENDED UNIFORM BAIL SCHEDULE FOR PARKING VIOLATIONS WHEREAS, Vehicle Code section 40203.5 requires local governing bodies to establish a schedule of parking penalties for parking violations. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Huntington Beach, California,pursuant to the aforesaid authority, does hereby rescind Resolution 20i®-85 and adopts the Uniform Bail Schedule for parking violations, attached hereto as Exhibit"A." PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of March , 2011. s or REVIE D APPROVED: APPROVED AS TO FORM: City/Adf nijisTrator ity Atto ey Okm t1wi1 INITIATED AND APPROVED: Police Chief 2-t -20 10-2685.001/57391 Exhibit "A" - Resolution No. 2011-13 CITY OF HUNTINGTON BEACH UNIFORM BAIL SCHEDULE FOR PARKING VIOLATIONS CODE SECTION DESCRIPTION BAIL 10.24.020 HBMC NO TRUCK PARKING 52.00 10.40.030 HBMC PARKING IN PARKWAY 42.00 10.40.050(c) HBMC NO PARKING, SIGNS PSTD/RED CURB 61.00 10.40.050(d) HBMC STREET SWEEPING 44.00 10.40.060 HBMC 72 HOUR VIOLATION 42.00 10.40.080 HBMC REPAIRING VEHICLE ON STREET 52.00 10.40.100(b) HBMC PARKING ADJACENT TO SCHOOLS 52.00 10.40.110(b) HBMC PARKING/NARROW STREETS 52.00 10.40.115 HBMC BLOCKING ACCESS WAYS 42.00 10.40.125 HBMC VEHICLE PARKED FOR SALE 39.00 10.40.170 HBMC EMERGENCY PARKING SIGNS 52.00 10.40.200(a) HBMC DIAGONAL PARKING 42.00 10.40.230(b) HBMC PARKING SPACE MARKINGS 42.00 10.40.240(b) HBMC NO STOPPING ZONE 43.00 10.44.010 HBMC 24 MIN PRKG RESTRICTED HRS 42.00 10.44.020 HBMC 12 OR 24 MINUTE PARKING 42.00 10.44.030 HBMC I HOUR PARKING 42.00 10.44.040 HBMC 2 HOUR PARKING 42.00 10.44.060(a) HBMC OVERSIZED VEHICLE PARKING 82.00 10.44.060(b) HBMC OVERSIZED VEHICLE 96" x 96" 82.00 10.44.060(e) HBMC NON MOTORIZED VEHICLES 82.00 10.44.060(o HBMC RV OVER 20 FT PKD IN RES AREA 82.00 10.44.065(d) HBMC OVERSIZED OVER 24 HOURS 42.00 10.44.065(e) HBMC UNATTACHED NON-MOTORIZED 82.00 10.44.070 HBMC ARTERIAL HIGHWAYS 82.00 10.44.080 HBMC RV PKD OVERNIGHT COMM AREA 82.00 10.48.050(c) HBMC WHITE CURB 42.00 10.48.070 HBMC 3 MINUTE PARKING 27.00 10.48.090 HBMC YELLOW CURB 42.00 10.48.100 HBMC PASSENGER LOADING ZONE 42.00 10.48.105 HBMC 3 MINUTE ZONE 42.00 10.48.110 HBMC ALLEY PARKING 52.00 10.48.130 HBMC MORNING PARKING RESTRICTION 42.00 10.48.150 HBMC EXTENDED LOADING TIME 42.00 10.52.010(a) HBMC DESIGNATED SPACE 42.00 10.52.010(c) HBMC OBSTRUCTING ENTRANCE 42.00 10.52.010(d) HBMC NO PARKING/SIGNS POSTED 42.00 10.52.010(f) HBMC RESERVED PARKING 42.00 10-2685.001/57394 1 Exhibit "A" - Resolution No. 2011-13 10.64.060 HBMC OUT OF SPACE/METERED AREA 42.00 10.68.010 HBMC FAILURE TO ACTIVATE METER KNOB 42.00 10.68.015 HBMC PARKING INOPERABLE METER 42.00 10.68.020 HBMC EXPIRED METER/BUSINESS 48.00 10.68.030 HBMC EXPIRED METER/RESIDENTIAL 48.00 10.68.040 HBMC EXPIRED METEWRECREATIONAL 48.00 10.68.060 HBMC SLUGS IN METERS 77.00 13.08.280 HBMC UNAUTHORIZED VEHICLES 42.00 13.08.300(b) HBMC NO PRKG 1 OPM-5AM EXCEPT BY PRMT 42.00 13.08.300(k) HBMC RESERVED PARKING 42.00 13.28.040 HBMC FAILURE TO PAY CAMPING FEES 82.00 13.28.080 HBMC VACATE CAMPSITE PRIOR TO 12PM 42.00 13.28.270 HBMC PARKED AT RESERVED CAMP SITE 42.00 13.28.280 HBMC BEACH LOT/COMMERCIAL VEHICLE 42.00 13.48.060 HBMC VEHICLES IN PARK 52.00 21113(a) CVC PUBLIC GROUNDS 55.00 21211 CVC BLOCKING BIKE LANE 40.00 22500.1 CVC FIRE LANE PARKING 77.00 22500(a) CVC PARKED IN INTERSECTION 55.00 22500(b) CVC CROSSWALK 55.00 22500(e) CVC DRIVEWAY 55.00 22500(f) CVC SIDEWALK 55.00 22500(h) CVC DOUBLE PARKED 55.00 22500(i) CVC BUS ZONE 55.00 22500(k) CVC BRIDGE 55.00 22500(1) CVC BLKING/ON HANDICAPPED RAMP 55.00 22502(a) CVC CURB PARKING 55.00 22502(e) CVC ONE WAY PARKING 55.00 22505(a) CVC NO PARKING 55.00 22505(b) CVC NO PKG/SIGNS PSTD/STATE HIWAY 55.00 22507.8(a) CVC PARKING HANDICAPPED SPACE 356.00 22507.8(c)(2) CVC PKG IN HANDICAPPED HASHMARKS 356.00 22514 CVC FIRE HYDRANT 55.00 22515 CVC UNATTENDED VEHICLE 55.00 22522 CVC HANDICAPPED RAMP 55.00 22526(a) CVC ANTI GRIDLOCK 56.00 231.02(E)(1) HBMC PKG ON FRONT LAWN PROHIBITED 56.00 4000(a)(1) CVC EXPIRED REG - $10 W/PRF CORR 66.00 5200 CVC TWO LIC. PLATES REQ/SHOW PROOF 10.00 5204 CVC MO/YR TABS REQ - $10 W/PRF 31.00 10-2685.001/57394 2 Res. No. 2011-13 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on March 21, 2011 by the following vote: AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman NOES: None ABSENT: None ABSTAIN: None Citalerk and ex-officio flerk of the City Council of the City of Huntington Beach, California Council/Agency Meeting Held: Deferred/Continued to: A61, Ap,roved 0 Conditionally Approved ❑ Denied bi f lerk ,�Signatu�e' v Council Meeting Date: November 15, 2010 Department ID Number: PD 10-015 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Resolution No. 2010-85 adopting an amended Uniform Bail Schedule increasing fines for parking violations pursuant to SB 857 Statement of Issue: City Council approval is required for adoption of the Resolution to increase parking fees. With the passage of the State FY 2010/11 budget, an added fee of three dollar ($3.00) per parking citation was added by the State. This fee goes into effect sixty (60) days from the adoption of the State budget. Financial Impact: In 2009, the City of Huntington Beach processed over 72,000 parking citations. Without increasing the fine for parking violations in the amount of three dollars ($3.00) to cover the increase in penalty required by the State of California, the City of Huntington Beach will be responsible to pay an additional $216,000 to the County Treasurer from the City General Fund. Recommended Action: Motion to: Adopt Resolution No. 2010-85, "A Resolution of the City Council of the City of Huntington Beach, California, Adopting an Amended Uniform Bail Schedule for Parking Violations." Alternative Action(s): Do not approve the attached Resolution and direct staff accordingly. HB -41- Item 4. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/15/2010 DEPARTMENT ID NUMBER: PD 10-015 Analysis: The recently adopted FY 2010/11 State budget includes an increase in various court fees to address funding shortages in the state court system. Specifically, Senate Bill 857 (SB 857) authorizes the State to levy an additional three dollar ($3.00) fee on all parking citations issued by cities and counties. This fee is in addition to the current four dollar and fifty cent ($4.50) surcharge imposed on all parking citations to support the Trial Court Fund. The surcharge outlined in SB 857 takes effect on December 6, 2010 and sunsets on July 1, 2013. The new fee will be seven dollars and fifty cents ($7.50), which is collected monthly by the County Treasurer pursuant to Government Code Section 76000.3. In 2009, the City of Huntington Beach processed over 72,000 parking citations. If the fines for parking violations are not increased by three dollars ($3.00), the City of Huntington Beach will incur approximately two hundred sixteen thousand dollars ($216,000) in additional General Fund expenditures. Environmental Status: Not Applicable Strategic Plan Goal: Maintain and Enhance Our Financial Reserves Attachment(s): Description 1. Resolution No. 2010-85, "A Resolution of the City Council of the City of Huntington Beach, California, Adopting an Amended Uniform Bail Schedule for Parking Violations" Item 4. - 2 HB -42-