Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Trevor Benson, Public Safety Manage(
FOR: City Council Meeting of November 13, 2023
SUBJECT: Approval of Resolution No. 2023-52, Adopting the County of San Bernardino's Schedule for Parking and Late Payment Penalties Relating to Parking Violations RECOMMENDATION:
That the City Council approve Resolution No. 2023-52, Adopting the County of San Bernardino's Schedule for Parking and Late Payment Penalties Relating to Parking Violations.
DISCUSSION:
Over the last several months, staff have undertaken an effort to establish reasonable parking penalties in the City of Yucaipa.
The goal was to establish penalties comparable to those enforced by the County of San Bernardino and surrounding cities. Through research we determined the parking penalties of surrounding cities varied and the most equitable solution was to adopt the parking penalty schedule of the County of San Bernardino. In the process, the following history came to light.
Effective July 1, 1993, the California Legislature removed parking tickets from the jurisdiction of the criminal courts and directed the administration of parking violations to local agencies, including cities, counties, districts, public colleges, and universities. Prior to July 1, 1993, parking penalties were set by the court on the advice and recommendation of the local agency where the violation occurred. California Vehicle Code Section 40203.5 now requires: "...the schedule of parking penalties for parking violations and late payment penalties be established by the governing body of the jurisdiction where the notice of violation is issued. To the extent possible, issuing agencies within the same county shall standardize parking penalties." The proposed resolution would update, clarify, and broaden the schedule of parking penalties to include various other standing and parking violations of the California Vehicle Code and City Municipal Code.
For any municipal code violations or unenumerated vehicle code violations the penalty will remain unchanged at $100.
FISCAL IMPACT:
The recommendation will clarify the schedule of parking penalties, which will update and broaden amounts charged and collected. The recommendation is not anticipated to have a significant financial impact to the City.
Attachment(s):
1. Resolution Number 2023-52
2. Current San Bernardino County Parking Bail Schedule
3. Notice of Public Hearing
Approved By:`�
ATTACHMENT 1
RESOLUTION NO.2023-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, ADOPTING THE COUNTY OF SAN BERNARDINO'S
SCHEDULE FOR PARKING AND LATE PAYMENT PENALTIES
RELATING TO PARKING VIOLATIONS
WHEREAS, on July 1, 1993, the California Legislature removed parking tickets from the jurisdiction of the criminal courts and directed the administration of parking violations to local agencies; and
WHEREAS, California Vehicle Code Section 40203.5 now requires: "the schedule of parking penalties for parking violations and late payment penalties be established by the governing body of the jurisdiction where the notice of violation is issued; and WHEREAS, the City Council adopted an updated comprehensive user fee schedule on September 25, 2023; and
WHEREAS, the City Council now wishes to establish a schedule of parking penalties and late payment penalties for parking violations; and
WHEREAS, the County of San Bernardino has developed a parking penalty schedule for parking violations in San Bernardino County; and
WHEREAS, the City finds it is most equitable to adopt the County's parking penalty schedule for the residents of Yucaipa; and
WHEREAS, the proposed resolution would update, clarify, and broaden the schedule of parking penalties to include various other standing and parking violations of the California Vehicle Code and Yucaipa City Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
Section 1. Resolution No. 2023-52 is hereby approved.
Section 2. The City Council adopts the San Bernardino County Parking penalty schedule attached hereto as Exhibit A.
Section 3. A certified copy of the fee schedule shall be placed on file with the City Clerk's Office and is available for public viewing.
PASSED, APPROVED, and ADOPTED this 13th day of November, 2023.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
Exhibit A
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
August 20, 2019
FROM
TERRI RAHHAL, Director, Land Use Services Department
SUBJECT
Resolution Establishing A Schedule Of Parking Penalties And Late Payment Penalties For Parking Violations
RECOMMENDATION(S)
Adopt Resolution No. 2019-135 establishing a schedule of parking penalties and late payment penalties for parking violations issued in the unincorporated areas of the County of San Bernardino.
(Presenter: Andy Wingert, Code Enforcement Chief, 387-8178)
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Adoption of the resolution will not result in the use of Discretionary General Funding (Net County Cost). Adequate appropriation to complete this action has been included in the Land Use Services Department (LUS) 2019-20 budget. Implementation of the resolution will generate an immaterial amount of revenue in the Code Enforcement Budget, although the objective of the penalties is to change behaviors.
BACKGROUND INFORMATION
During the winter of 2019, staff from multiple organizations undertook an effort to establish reasonable parking penalties in the County unincorporated areas. The problem arose from illegal, and often unsafe parking in mountain areas, related to snow play. The goal was to establish penalties comparable to those enforced by the City of Big Bear Lake. Land Use Services staff worked with County Counsel, the Sheriffs Department, the California Highway Patrol, the City of Big Bear Lake, and the US Forest Service to develop the schedule of parking penalties for violations and late payments in the proposed resolution. In the process, the following history came to light.
Effective July 1, 1993, the California Legislature removed parking tickets from the jurisdiction of the criminal courts and directed the administration of parking violations to local agencies, including cities, counties, districts, public colleges and universities. Prior to July 1, 1993, parking penalties were set by the court on the advice and recommendation of the local agency where the violation occurred. California Vehicle Code Section 40203.5 now requires: "the schedule of parking penalties for parking violations and late payment penalties be established by the governing body of the jurisdiction where the notice of violation is issued. To the extent possible, issuing agencies within the same county shall standardize parking penalties." The schedule of Item 33
Resolution Establishing A Schedule Of Parking Penalties And Late Payment Penalties For Parking Violations
August 20, 2019
parking penalties for the unincorporated area of the County has remained unchanged since parking violations were prosecuted in the courts, and it is unclear whether a comprehensive schedule of penalties has ever been adopted by the County.
On December 14, 1999 (Item No. 69), a recommendation was made to the Board of Supervisors (Board) to adopt a resolution establishing a schedule of parking penalties for fifty- nine (59) different standing and parking violations in accordance with California Vehicle Code Section 40203.5. The proposed schedule included both California Vehicle Code and County Code parking violations established by a committee composed of Board staff, County Counsel, Facilities Management, Transportation Division, the Sheriff's Department, and the California Highway Patrol. Action on the item was continued to December 21, 1999 (Item No. 75), when the Board adopted Resolution 99-290 establishing a schedule of parking penalties and late payment fees only for County Code Sections 52.0128 (prohibition of parking of commercial vehicles) and 52.0131 (prohibition of certain vehicles on highways). The action taken on December 21, 1999 omitted most of the penalties for various other parking violations from Resolution 99-290.
The proposed resolution would update, clarify, and broaden the schedule of parking penalties adopted by Resolution 99-290 to include various other standing and parking violations of the California Vehicle Code and County Code as previously proposed in 1999, with minor revisions.
The proposed schedule of parking penalties would allow the County and the California Highway Patrol to enforce both state and local parking regulations in the unincorporated areas of the County. It would also have a deterrent effect, by raising the typical minimum penalty of $13.00 to the proposed range from $20.00 to a maximum of $350.00, including late penalties. The proposed schedule was developed by comparison to penalties from the cities of San Bernardino, Big Bear Lake, Ontario, Fontana, Twentynine Palms, and the Town of Apple Valley.
The penalties for illegal parking in snow areas mirror the penalties imposed by the City of Big Bear Lake.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jason Searles and Miles Kowalski Deputy County Counsel, 387-5455) on July 23, 2019; Sheriff/Coroner/Public Administrator (John Ades, Captain, 387-0640) on July 26, 2019; Public Works (Mazin Kasey, Chief Public Works Engineer, 387-7916) on July 25, 2019; Finance (Kathleen Gonzalez, Administrative Analyst III, 387-5412) on August 1, 2019; County Finance and Administration (Matthew Erickson, County Chief Financial Officer, 387-5423) on August 5, 2019.
Item 33
Resolution Establishing A Schedule Of Parking Penalties And Late Payment Penalties For Parking Violations
August 20, 2019
APPROVED (CONSENT CALENDAR)
Moved: Josie Gonzales Seconded: Dawn Rowe
Ayes: Janice Rutherford, Dawn Rowe, Curt Hagman, Josie Gonzales
Absent: Robert A. Lovingood
Lynna Monell, CLERK OF THE BOARD
BY -
DATED: A6gust 20, 019
141ANO
cc: File- LUSD w/reso
vh 08/26/2019
Item 33
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28 RESOLUTION NO. 2019-135
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
ESTABLISHING PARKING PENALTIES AND LATE PAYMENT
PENALTIES FOR PARKING VIOLATIONS.
On Tuesday August 20, 2019 on motion of Supervisor Gonzales duly seconded by Supervisor Rowe and carried, the following resolution is adopted:
SECTION 1. The Board of Supervisors of the County of San Bernardino hereby finds and determines:
a) Pursuant to Section 40203.5 of the California Vehicle Code, the Board of
Supervisors shall set forth the specific penalties which will be assessed for violation of
parking regulations of the California Vehicle Code (VC) and San Bernardino County
Code (CC) and the amount of penalties for late payment thereof.
SECTION 2. The Board of Supervisors of the County
of San Bernardino,
therefore, hereby resolves and orders:
a) That the penalties for violation of parking regulations shall be as follows:
VC 4000(a) Registration Fees Due
$150.00
VC 5200 Display of License Plates
$90.00
VC 5204(a) Display of Tags
$90.00
VC 21113(a) Unauthorized Parking on Public Grounds
$150.00
VC 21211(b) Parked on Bike Path
$90 00
VC 21718(a) Stopped on Freeway
$100.00
VC 22500(a) Stop/Park in Intersection
$80.00
VC 22500(b) Stop/Park in Crosswalk
$90.00
VC 22500(c) Parked in Red Zone
$60.00
VC 22500(d) Stopping at Fire Station Entrance within 15 $70.00
ft
VC 22500(e) Stopping in Public Drive
$70.00
VC 22500(f) Stopping on Sidewalk
$70.00
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040
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28 VC 22500(g)
VC 22500(h)
VC 22500(i)
VC 22500(j)
VC 22500(k)
VC 22500(I)
VC 22500.1
VC 22502(a)
VC 22507.8(a)
VC 22507.8(b)
VC 22514
VC 22515
VC 22516
VC 22521
VC 22522
CC 52.0114(b)
CC 52.0115
CC 52.0116
CC 52.0117(a)(1)
CC 52.0117(a)(2)
CC 52.0118(a)
CC 52.0118(c)
CC 52.0119
CC 52.0120
CC 52.0121
CC 52.0128
Stop Opposite Obstruction
Double Parking
Stopping in Bus Zone
Stopping in Tunnel
Stopping on Bridge
Parking on Wheelchair Access
Parking in Fire Lane
Parking on Wrong Side of Street
Parked in Handicapped Zone
Parked to Obstruct Handicapped Zone
Parking by Fire Hydrant
Set Parking Brake/Stop Motor
Parking with Person Locked In
Parking Upon or Near Railroad Track
Blocking H/C Access Ramp
Parking on Highways of 2 or More Separate
Roadways (divided highways)
Parking to block Narrow Streets
Parking Adjacent to Schools
Parking within 100 ft of intersection
Parking within 25 ft of railroad crossing
No parking, certain hours
No parking, temporary
Vehicle Stored on Street (previously tagged
over 72 hours).
Display Vehicle for Sale (on street)
Stopping for Loading or Unloading Only
Commercial Vehicle in Residential Zone
$100.00
$80.00
$150.00
$70.00
$70.00
$300.00
$100.00
$90.00
$300.00
$350.00
$90.00
$100.00
$100.00
$70.00
$250.00
$100.00
$70.00
$70.00
$100.00
$70.00
$60.00
$70.00
$70.00
$60.00
$ 60.00
$170.00
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2nd Offense within 1 year
$200.00
3rd Offense within 1 year
$500.00
CC 52.0131
Parking Prohibited by Certain Vehicles in
Designated Areas (Posted)
$100.00
2nd Offense within 1 year
$200.00
3rd Offense within 1 year
$250.00
CC 53.0303
Parking in Snow Area
$150.00
CC 53.0604(a)
Failed to Park in Stall
$70.00
CC 53.0604(b)
Failed to Comply Signs/Directions
$80.00
CC 53.0604(c)
Failed to Park in Designated Lot/Stall
$80.00
CC 53.0604(d)
Parked to Cause Obstruction/Hazard
$100.00
CC 53.0604(f)
Parked in Handicapped
$350.00
VC22505(b)
No person shall stop, park, or leave
standing any vehicle in violation of the
restrictions stated on the signs or markings
$150.00
b) A late fee in the amount of 50% shall be added to the parking penalty when the penalty is not paid within 31 days of the date of the notice of violation. The date of payment is the day upon which the payment is received, or, when mailed, the date of the postmark.
PASSED AND ADOPTED by the Board of Supervisors of the County of San Bernardino, State of California, by the following vote:
AYES: SUPERVISORS: Janice Rutherford, Dawn Rowe, Curt Hagman Josie Gonzales
NOES: SUPERVISORS: None
ABSENT: SUPERVISORS: Robert A. Lovingocd
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28 STATE OF CALIFORNIA )
ss.
COUNTY OF SAN BERNARDINO )
I, LYNNA MONELL, Clerk of the Board of Supervisors of the County of San Bernardino, State of California, hereby certify the foregoing to be a full, true and correct copy of the record of the action taken by the Board of Supervisors, by vote of the members present, as the same appears in the Official Minutes of said Board at its meeting of August 20, 2019. Item#33-VH
LYNNA MO L�.°" s�Ir�Rt�
Clerk of tl Board off.-_Suoeflii
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ATTACHMENT 3
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Yucaipa City Council will hold a public hearing on the date and time indicated below to receive and consider the oral and written statements of all persons who wish to be heard relative to the proposal(s) described below. Please note that the City Council may amend, in whole or in part, the proposal(s).
Please check the City Council agenda for the November 13, 2023 meeting, which will be available on the City's website www.yucaipa.org at least 72 hours prior to the start of the Council meeting for information as to how to participate in the City Council meeting.
HEARING DATE: Monday, November 13, 2023
HEARING TIME: 6:00 P.M. (or as soon as possible thereafter) HEARING AT: Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa CA 92399 APPLICANT: City of Yucaipa
PROPOSAL: Resolution No. 2023-52; A Resolution of the City Council of the City of Yucaipa, California, Adopting an Update to the Comprehensive User Fee Schedule and Adopting the San Bernardino County Parking Violations Fees.
LOCATION: City-wide
ON FILE: Project information and documentation, including the comprehensive user fee schedule, as proposed to be updated, and data indicating the amount of cost or estimated cost required to provide the services and revenue sources anticipated to provide the services, will be available on the City's website at www.yucaipa.org on November 2, 2023 and at the counter of the City Clerk's Department, located at 34272 Yucaipa Boulevard, Yucaipa, CA. Additional backup related to how the proposed fees are derived will be made available upon request of the City Clerk.
PLEASE NOTE that if you challenge any decision regarding the above proposal(s) in court, you may be limited to raising only those issues you or someone else raised during public testimony regarding that proposal or in written correspondence delivered to the City Council at, or prior to, the public hearing.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the proposal(s) as outlined above. If there are any further questions, please contact Trevor Benson, Public Safety Manager, at (909) 797-2489, ext. 260, or at tbensonAucaipa.org.
Ana V-S�us—eda, CMC
Director of General Services/City Clerk
Published: October 27, 2023; Yucaipa News Mirror