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HomeMy WebLinkAbout24745RESOLUTION NO. 24745 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING ALL PARKING SPACES CONNECTED TO AN ELECTRIC VEHICLE CHARGING DEVICE LOCATED ON OFF- STREET PARKING FACILITIES OWNED OR OPERATED BY THE CITY AND ON PUBLIC STREETS FOR THE EXCLUSIVE PURPOSE OF PARKING AND CHARGING AN ELECTRIC VEHICLE THAT IS CONNECTED FOR ELECTRIC CHARGING PURPOSES, AND ESTABLISHING A CIVIL PENALTY AMOUNT FOR VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22511.1(A)-(B) AND AMENDING THE MASTER BAIL SCHEDULE TO REFLECT STATE LAW WHEREAS, the City seeks to reduce greenhouse gas emissions by promoting the use of electric vehicles by residents and visitors; and WHEREAS, towards fulfilling this goal, the City has installed electric vehicle charging devices on off-street parking facilities owned or operated by the City and on public streets for use by residents and visitors; and WHEREAS, the City seeks to restrict parking spaces connected to those electric vehicle charging devices to electric vehicle -only parking, and only for the purpose of charging electric vehicles; and WHEREAS, California Vehicle Code section 22511(a)(1)-(2) provides that a local authority, by ordinance or resolution, may designate stalls or spaces in off-street parking facilities owned or operated by the City and public streets for the exclusive purpose of parking and charging an electric vehicle that is connected for electric charging purposes, and WHEREAS, California Vehicle Code section 22511.1(a) provides that a person shall not park or leave standing a vehicle in a stall or space designated pursuant to Section 22511 unless the vehicle is connected for electric charging purposes; and WHEREAS, California Vehicle Code section 22511.1(b) provides that a person shall not obstruct, block, or otherwise bar access to parking stalls or spaces described in Section 22511.1(a) except as provided for in that section, and WHEREAS, California Vehicle Code section 40200 et seq. authorizes cities to impose and collect civil penalties for violation of any regulation pertaining to the stopping, standing, or parking of a vehicle that is not a misdemeanor as specified in the California Vehicle Code, any federal statute or regulation; or any local ordinance; and Resolution No. 24745 Page 2 WHEREAS, California Vehicle Code section 40203.5 requires cities to establish a schedule of civil penalties for parking violations, and, to the extent possible, to standardize those civil penalties for parking violations with those of other cities in the same county; and WHEREAS, City staff researched the civil penalty amount for violation of California Vehicle Code section 22511.1(a)-(b) set by other cities within Riverside County, including the Cities of Riverside, Rancho Mirage, and Palm Desert, and determined that $41.00 appears to be the standard penalty amount; and WHEREAS, the City seeks to establish a civil penalty amount for violation of California Vehicle Code section 22511.1(a)-(b); and WHEREAS, this civil penalty is separate from the criminal fine that the City may impose for a violation of California Vehicle Code section 22511.1(a)-(b), and California Vehicle Code section 42001.6 sets the criminal fine amount at $100.00 upon conviction in the Riverside Superior Court. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City designates all parking spaces connected to electric vehicle charging devices located on off-street parking facilities owned or operated by the City and on public streets for the exclusive purpose of parking and charging an electric vehicle that is connected for electric charging purposes. SECTION 3. The City's Master Bail Schedule is to be amended by adding the following provision: CVC 22511.1(a)—(b) Parking/Standing in Civil Fine 41.00 Space for Charging Electric Vehicle While Not Connected for Charging Purposes CVC 22511.1(a)—(b) Parking/Standing in Criminal 100.00 Space for Charging Infraction Electric Vehicle While Not Connected for Charging Purposes Resolution No. 24745 Page 3 SECTION 4. This Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) because the activity, which involves designating certain parking spaces located on off-street parking facilities owned or operated by the City and on public streets for the exclusive purpose of parking and charging an electric vehicle that is connected for charging purposes, and amending the City's schedule of penalties for parking violations and related charges, will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in a physical change to the environment, directly or indirectly. SECTION 5. The City Clerk is hereby authorized and directed to amend the City's Master Bail Schedule as provided in Section 3 of this Resolution. ADOPTED THIS 23RD DAY OF APRIL 2020. David H. Ready City Manager ATT ST: AoKony J. 1p, City Clerk Resolution No. 24745 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24745 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on April 23, 2020, by the following vote: AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and Mayor Kors NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 2044" day of Ka---i 2o2e0 A ony J. M jia, City Clerk