RESOLUTION NO. 2016- 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ESTABLISHING THE PENALTY AMOUNTS FOR PARKING RELATED VIOLATIONS AND ADMINISTRATIVE FEES FOR PROCESSING DELINQUENT PARKING VIOLATIONS AND RESCINDING RESOLUTION NO. 93- 53 AND RESOLUTION NO. 94- 29 WHEREAS, the Newport Beach Municipal Code ( NBMC) and the California Vehicle Code ( CVC) establish parking regulations; WHEREAS, the State of California adopted Assembly Bill 408 which decriminalized parking violations and required the City of Newport Beach ( City) to assume processing, collection and adjudication responsibilities for parking violations; WHEREAS, the City Council previously approved Resolution No. 93- 53 on July 26, 1993 to establish parking penalty amounts for violation of certain NBMC parking related sections; WHEREAS, the City desires to rescind Resolution No. 93-53 establishing parking penalty amounts for certain NBMC violations and wishes to adopt this resolution, which consolidates the parking violation penalty schedule with penalty amounts into one list; WHEREAS, the City Council previously approved Resolution No. 94-29 to impose administrative fees for processing delinquent parking violations within twenty- one ( 21) days of the issuance of the citation and sending a delinquent notice as required for failure to pay parking penalties within said twenty- one ( 21) days; and WHEREAS, the City desires to rescind Resolution No. 94- 29 and to adopt this resolution adjusting the late penalty amount for processing delinquent parking violations, recover a fee charged by the California Department of Motor Vehicles ( DMV) for unpaid parking citations submitted to the DMV for collections and to encourage prompt payment of parking penalties imposed. Late penalties assessed shall be in accordance with the information specified in the CVC Section 40203. 5 ( a) and Section 40207( a). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newport Beach as follows: Section 1: The City Council hereby adopts the Parking Violation Penalty Schedule attached hereto and incorporated herein by reference for NBMC and CVC parking regulations.
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WHEREAS, the City desires to rescind Resolution No. 93-53 ...
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RESOLUTION NO. 2016- 94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, ESTABLISHING THE PENALTY AMOUNTS
FOR PARKING RELATED VIOLATIONS AND ADMINISTRATIVE FEES
FOR PROCESSING DELINQUENT PARKING VIOLATIONS AND
RESCINDING RESOLUTION NO. 93-53 AND RESOLUTION NO. 94- 29
WHEREAS, the Newport Beach Municipal Code ( NBMC) and the California
Vehicle Code (CVC) establish parking regulations;
WHEREAS, the State of California adopted Assembly Bill 408 whichdecriminalized parking violations and required the City of Newport Beach ( City) toassume processing, collection and adjudication responsibilities for parking violations;
WHEREAS, the City Council previously approved Resolution No. 93- 53 on July26, 1993 to establish parking penalty amounts for violation of certain NBMC parkingrelated sections;
WHEREAS, the City desires to rescind Resolution No. 93-53 establishing parkingpenalty amounts for certain NBMC violations and wishes to adopt this resolution, whichconsolidates the parking violation penalty schedule with penalty amounts into one list;
WHEREAS, the City Council previously approved Resolution No. 94-29 to
impose administrative fees for processing delinquent parking violations within twenty- one ( 21) days of the issuance of the citation and sending a delinquent notice asrequired for failure to pay parking penalties within said twenty-one ( 21) days; and
WHEREAS, the City desires to rescind Resolution No. 94-29 and to adopt this
resolution adjusting the late penalty amount for processing delinquent parkingviolations, recover a fee charged by the California Department of Motor Vehicles ( DMV)
for unpaid parking citations submitted to the DMV for collections and to encourage
prompt payment of parking penalties imposed. Late penalties assessed shall be inaccordance with the information specified in the CVC Section 40203. 5 ( a) and Section
40207(a).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City ofNewport Beach as follows:
Section 1: The City Council hereby adopts the Parking Violation PenaltySchedule attached hereto and incorporated herein by reference for NBMC and CVCparking regulations.
Resolution No. 2016- 94
Page 2 of 3
Section 2: The City Council hereby establishes an administrative late penaltyof Twenty -Five Dollars ($ 25) for delinquent parking violations that are not paid withintwenty-one (21) calendar days from the date of issuance of the citation or fourteen ( 14)
calendar days after the mailing of the notice of delinquent parking violation. This
administrative late penalty shall not apply to a person(s) that timely completes and filesan affidavit of non -liability that complies with the CVC.
Section 3: The parking penalty amounts based on the Parking ViolationPenalty Schedule established by this resolution shall be automatically adjusted everyyear in July to reflect the percentage change, rounded to the next highest dollar, in the
cost of doing business as measured by the Consumer Price Index, Los Angeles - Riverside -Orange County ( 1982- 84=100).
Section 4: Resolution No. 93-53, Resolution No. 94-29, and any resolution, orportion thereof, in conflict with the provisions of this resolution are hereby repealed.
Section 5: The recitals provided in this resolution are true and correct and areincorporated into the substantive portion of this resolution.
Section 6: If any section, subsection, sentence, clause or phrase of thisresolution is for any reason held to be invalid or unconstitutional, such decision shall notaffect the validity or constitutionality of the remaining portions of this resolution. TheCity Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one ormore sections, subsections, sentences, clauses or phrases be declared invalid orunconstitutional.
Section 7: The City Council finds the adoption of this resolution is not subjectto the California Environmental Quality Act (" CEQA") pursuant to Sections 15060( c)( 2) the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)( 3) ( the activity is not a project as defined in Section15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directlyor indirectly.
Resolution No. 2016- 94
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Section 8: This resolution shall take effect immediately upon its adoption bythe City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 26th day of July, 2016.
ATTEST:
c
Dia . DixonMayor
Leilani I. Brown
City Clerk !
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2016-94 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 26'h day of July, 2016, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Dixon
NAYS: Mayor Pro Tem Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of