TO:
Honorable Mayor and Members of the City Council
FROM:
Bruce Moe, City Manager
SUBJECT:Title
Consideration of a Resolution Revising and Reducing the Required Deposit for Appeals of Administrative Citations (City Manager Moe).
ADOPT RESOLUTION NO. 24-0004
Body
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RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 24-0004, to revise and reduce the required deposit for the costs incurred by the City in connection with an appeal of an administrative citation.Body
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action unless the costs associated with an appeal of an administrative citation issued in lieu of an infraction exceeds the recommended deposit of $650.
BACKGROUND:
Violations of the Manhattan Beach Municipal Code (MBMC) and city ordinances are prosecuted as misdemeanors, unless: (1) it is specifically stated in the applicable MBMC chapter or ordinance that the violation is an infraction; (2) such violation is subsequently prosecuted as an infraction; or (3) the City exercises the administrative remedy for any violation of the Code, pursuant to MBMC Chapter 1.06, adopted by Ordinance 16-0018 (attached) on September 6, 2016.
Per MBMC Section 1.04.010 and applicable state law:
Misdemeanors shall be punishable by:
1. A fine of not more than $1,000; or
2. Imprisonment for a period not exceeding six months; or
3. Both such fine and imprisonment.
Persons committing an infraction shall pay a fine up to:
1. $100.00 for a first violation;
2. $200 for a second violation;
3. $500 for each additional violation within one year.
Resolution No. 16-0057 (attached), adopted concurrently with Ordinance No. 16-0018, mirrors the above fines for administrative citations. At various time since the adoption of Resolution No. 16-0057, the City Council has set specific fines for specific violations. For instance, pursuant to Government Code Section 36900(c), a violation of local building and safety codes determined to be an infraction is punishable by a fine up to (1) $130 for a first violation; (2) $700 for a second violation of the same ordinance within one year; (3) $1,300 for each additional violation of the same ordinance within one year of the first violation. Likewise, on September 5, 2023, the Council adopted Resolution No. 23-0120 to amend Resolution No. 16-0057 to establish the following fine schedule for E-bike violations:
1. 1 a fine not exceeding $500 for the first violation;
2. a fine not exceeding $750 for the second violation within one year; and
3. a fine not exceeding $1,000 for each additional violation within one year of the first violation.
Since the adoption of Chapter 1.06, the City has required persons appealing administrative citations to deposit both the amount of the fine and $1500 to cover the City costs associated with the appeal, such as the fee charged by the City’s Hearing Officers. If the Appellant prevails on the appeal, the entire deposit is returned along with the citation fine. If the Hearing Officer upholds the citation, a portion of the deposit may be returned if the City’s costs associated with the appeal do not exceed $1500.
Periodically, the City reviews the deposit. During the pandemic, the Council directed staff to reduce the deposit for violations of COVID-19 regulations, such as not wearing a mask.
DISCUSSION:
Upon reviewing the City’s costs related to appeals, staff recommends that the Council revise and reduce the appeal deposit. Accordingly, staff recommends that the City Council adopt Resolution No. 24-0004 to:
• Require a different deposit for:
o (1) each administrative citation issued in lieu of an infraction; and
o (2) administrative citations issued in lieu of misdemeanors.
• Reduce the required deposit for the costs incurred by the City in connection with an appeal of each administrative citation issued in lieu of an infraction to $650.
• Maintain the required deposit of $1500 for the costs incurred by the City in connection with an appeal of an administrative citation issued in lieu of a misdemeanor.
Note that E-bike violations are misdemeanors. Accordingly, the draft Resolution maintains the required deposit of $1500 for the costs incurred by the City in connection with an appeal of an administrative citation issued in lieu of a misdemeanor for an e-bike violation.
Attached is the draft resolution, Ordinance 16-0018, and Resolution No. 16-0057.
Attachments:
1. Resolution No. 24-0004
2. Ordinance No. 16-0018
3. Resolution No. 16-0057