BEVERLY HILLS AGENDA REPORT

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1 BEVERLY HILLS Meeting Date: November 30, 2010 Item Number: D 3 To: From: AGENDA REPORT Honorable Mayor & City Council Chad Lynn, Director of Parking Operations Shawn McCormick, Parking Seryices Manager Subject: RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS AMENDING THE COMPREHENSIVE SCHEDULE OF TAXES, FEES & CHARGES FOR FISCAL YEAR TO ADJUST PARKING CITATION CHARGES Attachments: 1. Resolution 2. Attachment 2 Parking Citation Fine Comparison RECOMMENDATION Staff recommends that the City Council adopt a resolution adjusting the parking citation charges for fiscal year 2010/2011. INTRODUCTION Staff is requesting the following changes to the current schedule of parking violation fines. Addition of $3 or adjust fine to match neighboring jurisdictions, whichever is greater, to address associated state fee increases and achieve regional standardization as recommended by the California Vehicle Code (CVC). Assessment of 10% of the fine amount for violations specified in Section (a) CVC (Registration and Disabled Parking Violations) DISCUSSION As part of the closing the State s budget gap, the state has adopted SB 857, which provides for an assessment of an additional $3 on each paid parking violation. The City will be required to pay this fee beginning December 7, 2010, sixty (60) days from (October 8, 2010) the adoption of the State s budget and scheduled to sunset on July 1, All Cities and Counties in the state will be subject to these additional fees. Since cities are responsible for payment of these fees, it is assumed that most, if not all, Page 1 of 3 11/23/2010

2 Meeting Date: November 30, 2010 jurisdictions will increase their current fines to collect the associated fees, as they have in the past. The Cities of Los Angeles, Santa Monica and West Hollywood have already incorporated the associated fees. Additionally, section of the California Vehicle Code recommends, To the extent possible, issuing agencies within the same county shall standardize parking penalties. This language stops short of requiring such standardization, allowing agencies to establish fine amounts to address local circumstances and impacts. Staff recommends adjusting fines to match those violations in neighboring jurisdictions for the purpose of regional standardization where the City s fines are below other agencies in the region. The following table compares the current and proposed fines of the most commonly issued violation: Current vs. ProDosed Fines Violation Current Proposed BH Fine Fines METER VIOLATION $50 $58 PARKING PERMIT ONLY $55 $64 NO PARKING 2:30a to 5a $55 $63 EXCESS TIME LIMIT $50 $55 STREET CLEANING $65 $68 RED ZONE $90 $93 NO STOPPING $90 $93 Violations for Neiqhborinq Jurisdictions v~ 10larioni Proposed BH Fines City Angeles of Los City Hollywood of West City Monica* of Santa METER VIOLATION $58 $58 $53 $53 PARKING PERMIT ONLY $64 $63 $55 $64 NO PARKING 2:30a to 5a $63 $63 n/a $53 EXCESS TIME LIMIT $55 $53 $55 $53 STREET CLEANING $68 $68 $60 $64 RED ZONE $93 $88 $80 $64 NO STOPPING $93 $88 $80 $53 In addition to the Parking Citation Fines included in the 2010/2011 Taxes, Fees and Charges table, Section (a) CVC states, In addition to an assessment levied pursuant to any other law, an additional assessment equal to 10 percent of the penalty Page 2 of 3 11/23/2010

3 Meeting Date: November 30, 2010 established pursuant to Section shall be imposed by the governing body of the jurisdiction where the notice of parking violation is issued for a civil violation... The sections of the CVC covered by the additional 10% assessment include: unauthorized use of registration tabs, false evidence and use of disabled persons placard, parking in a disabled parking space without a disabled persons placard, use of a disabled persons placard that has been report lost, stolen or deceased and parking with three (3) feet of a sidewalk access ramps for the disabled. FISCAL IMPACT Based on the proposed violation amounts, an additional $450,000 will be generated that will be cost neutral, as these collections will be remitted to the state as part of the new $3 assessment. Payment of the associated state fees are established as a contrarevenue, so no additional budget allocation is required. Based on the regional standardization of fines, it is estimated that an additional $300,000 will be contributed to the General Fund. Based on the 10% additional penalty for parking violations identified in Section (a) CVC, an additional $12,500 will be contributed to the General Fund. Miller inance Approval Approved By Page 3 of 3 11/23/2010

4 Attachment 1

5 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS AMENDING THE COMPREHENSIVE SCHEDULE OF TAXES, FEES & CHARGES FOR FISCAL YEAR TO ADJUST PARKING CITATION CHARGES The Council of the City of Beverly Hills does resolve as follows: Section 1. As set forth in previous Resolutions, the City Council has established, amended, fixed and modified, all fees, permit fees, City service charges, and other fees, charges, and required payments for municipal services, inspections, enforcement activities or for other indicated purposes for Fiscal year ( Comprehensive Schedule Of Taxes, Fees & Charges ). The City Council now desires to revise the parking citation penalties contained in that Comprehensive Schedule of Taxes, Fee & Charges. Section 2. The City Council hereby modifies the parking citation penalties as set forth in Exhibit A, attached hereto and incorporated herein. Said parking citation penalties shall be included and incorporated into the City s Comprehensive Schedule of Taxes, Fees & Charges. Section 3. The City Council is taking action only on those charges that have been amended as set forth in Exhibit A. The remaining fees, service charges and other fees, charges and required payments set forth in the Comprehensive Schedule of Taxes, Fees & Charges have not been readopted and continue and remain in effect. B \ v1.doc

6 Section 4. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and his certification to be entered in the Book of Resolutions of the Council of this City. Adopted: ATTEST: JIMMY DELSHAD Mayor of the City of Beverly Hills, California BYRON POPE City Clerk (SEAL) APPROVED AS TO FORM: LAURENCE S. WIENER City Attorney C 1~D)c~ AS TO CONTENT: Director of Financial Officer Services! Chief B \ v1.doc 2

7 B \ v1.doc EXHIBIT A

8 City of Beverly Hills Department of Public Works and Transportation Parking Operations Division Amended REFERENCE Exhibit A 2D1QLII RATES Parking Citation: Citation Fines include State mandated fees, currently $1 2,50 per citation. Late charges are applied 21 days (or more) after the issuance of citation Supplemental Late Charges are an additional late charge applied 90 days (or more) after issuance of a citation equal to the amount of the fee that is charged the City upon assignment as a delinquent account for Special Collection processing - a DMV processing fees of $3.00 and 25% of the outstanding balance at the time of. I assessment. The Supplmental Late Charge applies to each citation listed in this scheudle. Effective Jan 1, 2011 the fee for a delinquent account for Special Collections r II --.i~.n. fi. f.f..~i f.r. h i.l. i.n. City of Beverly Hills Municipal Code Parking Penalty Schedule: Citation ~ Supplemental 10%Addl fil~ ~ Charae a MC Peddler over 30 mm or w/in 5004 hours b MC Peddler parked in residential 6p- 8a b MC Event Emergency Congestion MC Remove Marking/Obstruct Enforcement MC Disabling Parking Equipment MC Tour Bus Loading Zone Regulations MC Tour Bus Staging Zone Regulations MC Unlawful Engine Operation MC No lour Buses in Residential Area MC Waiting at Parking Facility Entrance MC For Sale Solicitation in Right of Way MC For Sale To Persons - Solicitation A MC Red zone B MC Yellowzone C MC Yellow Customer Loading zone D MC White zone E MC Green zone F MC Disabled space O1G MC Posted White Zone A MC Posted No Parking B MC In excess of posted time limit C MC Street Cleaning D MC No Stopping MC Improper parking on Grade MC Parking on unpaved surface A MC On private property without consent B MC Vacant lot without consent MC No Parking - Public Grounds MC Parked / Head in only A MC Park/repark within 500 within 4 hours B MC Vendors park/repark within 500 within 4 hours MC Not parked within a single space MC Successive overtime violation MC Parked in alley MC Failure to pay posted rate in Municipal Parking Facility MC Unlawful Use of Invalid Disabled Placard MC No Limos in Resdential Zones MC Limo Staging Zone MC Parking Prohibited in Anti Gridlock Zones MC Vehicle Removal/Fire Safety Ord MC Permit Misuse

9 City of Beverly Hills Municipal Code Parking Penalty Schedule Citation ~ Supplamental 10%Add l A MC Parking by permit only A MC No parking 2:30am to 5:00am MC No parking 2:30am to 5:00am MC Failure to activate meter time MC Meter violation MC Tampering with meter MC Use of slugs MC Deposit coins-meter for profit 68, California Vehicle Code Violations. 4000a CVC No Evidence of registration CVC License plate missing CVC License plates improperly positioned a CVC No license tabs/improperly attached CVC Failure to follow posted signs a CVC Parking within an intersection b CVC Parking on a crosswalk c CVC Parking/safety, sign or red curb d CVC Parking/firestationentrance e CVC Parking/blocking a driveway f CVC Parking on sidewalk g CVC Parking along excavation h CVC Double parking i CVC Parking in bus zone (b) j CVC Parking in tunnel k CVC Parking on bridge CVC Parking/blocking wheelchair access (b) CVC Parking in fire lane a CVC Parking 18 from right curb e CVC Curb parking/one way Street a CVC Disabled parking/private/public Cc) b CVC Blocking disabled parking Cc) c CVC Blocking disabled space markings Cc) CVC Misuse of Disabled Placard CVC Parking within 15 of fire hydrant a CVC Unattended vehicle/engine running CVC Lockeddoor/noescape CVC Vehicle door open to traffic CVC Parked on or within 71/2 of RR tracks CVC Parked within 3 of sidewalk ramp (b) a CVC Abandon vehicle upon highway Cd) b CVC Abandon vehicle public/private property (d) a CVC Blocking intersection/crosswalk Ca) a CVC Blocking intersection/crosswalk turning (a) CVC Lot street and alley parking a CVC Parked on Public Grounds b CVC Bike lane / path Copy of notice of parking violation (e) 2.00 (a) Minimum bail set by Californ a Vehicle Code Section (b) Minimum bail set by California Vehicle Code Section (c) Minimum bail set by California Vehicle Code Section (d) Minimum bail set by California Vehicle Code Section 22523c. Ce) California Vehicle Code Section (f) California Vehicle Code Section (a) (1 5)

10 Attachment 2

11 Parking Penalty Comparison Westside Cities Attachment 2 Fine Match to City of Beverly Hills Municipal Code Cun-ent LA City WH SM Neigboring Jurisdictions a MC Peddler over 30 mm or w/in 5004 hours NA NA b MC Peddler parked in residential 6p - 8a NA NA b MC Event Emergency Congestion NA NA NA MC Remove Marking/Obstruct Enforcement NA NA MC Disabling Parking Equipment NA NA NA MC Tour Bus Loading Zone Regulations NA MC Tour Bus Staging Zone Regulations NA NA MC Unlawful Engine Operation NA NA NA MC No Tour Buses in Residential Area NA NA NA MC Waiting at Parking Facility Entrance NA NA NA MC For Sale - Solicitation in Right of Way NA NA MC For Sale To Persons - Solicitation NA NA A MC Red zone B MC Yellow zone C MC Yellow Customer Loading zone NA NA NA D MC White zone E MC Green zone F MC Disabled space NA NA NA ]-3.101G MC Posted White Zone A MC Posted No Parking B MC In excess of posted time limit C MC Street Cleaning D MC No Stopping MC Improper parking on Grade MC Parking on unpaved surface A MC On private property without consent B MC Vacant lot without consent MC No Parking - Public Grounds MC Parked / Head in only NA NA A MC Parklrepark within 500 within 4 hours NA NA NA B MC Vendors park/repark within 500 within 4 hours NA NA NA MC Not parked within a single space MC Successiveovertimeviolation NA NA NA MC Parked in alley MC Failure to pay posted rate in Municipal Parking Faci NA NA MC Unlawful Use of Invalid Disabled Placard NA NA NA MC No Limos in Resdential Zones NA NA MC Limo Staging Zone NA NA MC Parking Prohibited in Anti-Gridlock Zones NA MC Vehicle Removal/Fire Safety Ord NA NA MC Permit Misuse NA NA A MC Parkingbypermitonly A MC No parking 2:30am to 5:00am NA MC No parking 2:30am to 5:00am NA MC Failure to activate meter time NA MC Meter violation MC Tampering with meter NA NA NA MC Useotslugs NA NA NA MC Depositcoins-meterforprofit NA NA NA 68.00

12 Parking Penalty Comparison Westside Cities Attachment 2 California Vehicle Code Violations: 4000a CVC No Evidence of registration NA CVC License plate missing CVC License plates improperly positioned NA a CVC No license tabs/improperly attached NA CVC Failure to follow posted signs a CVC Parking within an intersection b CVC Parking on a crosswalk c CVC Parking/safety, sign or red curb NA d CVC Parking/fire station entrance e CVC Parking/blocking a driveway f CVC Parking on sidewalk g CVC Parking along excavation ,00 NA h CVC Double parking i CVC Parking in bus zone (b) j CVC Parking in tunnel NA k CVC Parking on bridge NA CVC Parking/blocking wheelchair access (b) CVC Parking in fire lane a CVC Parking 18 from right curb e CVC Curb parking/one way street a CVC Disabled parking/private/public (c) b CVC Blocking disabled parking (c) c CVC Blocking disabled space markings (c) CVC Misuse of Disabled Placard CVC Parking within 15 of fire hydrant a CVC Unattended vehicle/engine running CVC Locked door/no escape CVC Vehicle door open to traffic NA CVC Parked on or within] 1/2 of RRtracks NA CVC Parked within 3 of sidewalk ramp (b) a CVC Abandon vehicle upon highway (d) NA b CVC Abandon vehicle public/private property (d) NA a CVC Blocking intersection/crosswalk (a) e CVC Blocking intersection/crosswalk turning (a) CVC Lot street and alley parking NA a CVC Parked on Public Grounds b CVC Bike lane/ path Copy of notice of parking violation (e)