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Home My WebLink AboutCOM 0559.001 2010-2012 14oJM�yos N,,,� : Phone: (808)323-4277 BRENDA J. FORD -: �'=:.��• Fax: (808) 329- 4786 Council Member -_ District 7 - Central Kona ' OF_»►r!44 E-Mail: bford @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawaii ' West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy. Kailua-Kona Hawaii 96740 —� 3 DATE: February 23, 2012 TO: Dominic Yagong, Chairperson, and Members of the Hawai`i County Council FROM: enda J. Ford, Council Member SUBJECT: Proposed Amendment to Bill No. 180; An Ordinance Amending Chapter 24, Article 8, Division 5 of the Hawai`i County Code 1983 (2005 Edition, as amended), Relating to Reserved Parking at County Facilities Please see attached proposed amendments to Bill No. 180. The proposed amendments are illustrated below in Ramseyer format with respect to the contents of Bill No. 180 and bolded for emphasis (material to be deleted is bracketed and stricken; material to be added is underscored). 1. The Purpose section of Bill No. 180 is amended to read: "SECTION 1. Purpose. The purpose of this amendment is to redefine the responsibility of the director of public works, eliminate the monthly rental charge paid by County employees and officials for parking stalls at three County buildings (with the exception of council members), establish priorities for assigning reserved parking spaces, and eliminate any shifting of reserved parking privileges." 2. Section 24-230, as provided in Bill No. 180, is amended to read: "Section 24-230. Reserved parking for employees and officials of the County. (a) County employees assigned to work in a building listed in section 24-229 shall be assigned a reserved and designated parking stall, which shall be provided at no cost to that employee. These reserved and designated parking stalls shall be assigned based on parking stall assignments effective as of the date of enactment of this ordinance, and thereafter on a list of applicants maintained in chronological order by the earliest filing date for the facility at which the employee is permanently assigned, provided all reserved stalls described in subsection (b) have been assigned and further provided that parking Comm. No. CS-9. I Serving the Interests of the People of Our Island Ref. To: F L Ref. Date FE-e2 3 2012 Hawai`i County Is An Equal Opportunity Provider And Employer February 23, 2012 Page 2 of 2 stalls remain available. Should an employee of the County apply for a reserved parking stall and be denied due to unavailability, that employee shall be placed on a waiting list and be assigned a reserved and designated parking stall as soon as practicable. (b) Reserved and designated parking stalls shall be assigned for the mayor, managing director, deputy managing director, all departmental directors and administrators and their respective deputies, all council members, and the clerk[; ache] and deputy [Ceunty] clerk[:] of the County. These reserved and designated parking stalls shall be provided at no cost to the respective official[] with the exception of council members, who shall be charged $15 per month for a reserved and designated parking stall at that council member's primary work location. Any reserved and designated parking stall located at a County facility other than the council member's primary work location shall be provided at no cost to that council member. Reserved and designated parking stalls assigned under this subsection shall be located as close as possible to the building entrance nearest to the respective official's assigned office." 3. Bill No. 180 is amended by amending Section 7 to read as follows: "SECTION 7. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. The reviser shall insert the effective date of this ordinance in place of"as of the date of enactment of this ordinance" as provided in Section 4 of this ordinance." A draft copy of Bill No. 180, Draft 2, is attached with the proposed amendments incorporated therein. BJF/dkr att. AN ORDINANCE AMENDING CHAPTER 24,ARTICLE 8, DIVISION 5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO RESERVED PARKING AT COUNTY FACILITIES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this amendment is to redefine the responsibility of the director of public works, eliminate the monthly rental charge paid by County employees and officials for parking stalls at three County buildings (with the exception of council members), establish priorities for assigning reserved parking spaces, and eliminate any shifting of reserved parking privileges. SECTION 2. Chapter 24, article 8, division 5, section 24-228 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 24-228. Director of public works to regulate parking at County [bu-ilding.] buildings. The director of public works shall assign and re-assign reserved parking stalls and be responsible for regulating parking at the County [building.] buildings listed in section 24-229." SECTION 3. Chapter 24, article 8, division 5, section 24-229 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 24-229. [Area] Areas of County lands regulated; hours. (a) The [area] areas of County land on which parking is regulated [will initially be] are confined to: ,(1) [the] The Hawai`i County building complex [ia] at 25 Aupuni Street, Hilo[:]; (2) The Hawai`i County building complex at 101 Pauahi Street, Hilo; and The West Hawai`i Civic Center at 74-5044 Ane Keohokalole Highway, Kailua-Kona. Other areas may be subjected to parking controls and this division shall also be applicable to those areas on a date to be designated by written notice, which date shall be not less than thirty days after the giving of such notice. [(b)](c) The provisions of this division shall have application only during the regular working hours of the County." SECTION 4. Chapter 24, article 8, division 5, section 24-230, of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 24-230. [ ! • • • . . • • • •• . • • • ; • • . • . • ,; • • • eomputatiowl Reserved parking for employees and officials of the County. [(a) Rental in reserved parking shall be established by the director of finance. The director of finance may change the rates effective as of a date to be designated in a written notice thereof, which date shall be not less than thirty days giving of such notice. (b) The rental for reserved parking shall be on a month to month term, the applicable rent to be in advance without notice or demand. County employees shall utilize payroll deduction for the payment of the parking stalls. (e) Rentals shall be computed on a semi monthly and monthly basis applicable to permanent and temporary parking privileges. (d) County employees' and officials' rental for parking stalls shall be deposited in the general fund.] County employees assigned to work in a building listed in section 24-229 shall be assigned a reserved and designated parking stall, which shall be provided at no cost to that employee. These reserved and designated parking stalls shall be assigned based on parking stall assignments effective as of the date of enactment of this ordinance, and thereafter on a list of applicants maintained in chronological order by the earliest filing date for the facility at which the employee is permanently assigned, provided all reserved stalls described in subsection (b) have been assigned and further provided that parking stalls remain available. Should an employee of the County apply for a reserved parking stall and be denied due to unavailability, that employee shall be placed on a waiting list and be assigned a reserved and designated parking stall as soon as practicable. (b) Reserved and designated parking stalls shall be assigned for the mayor, managing director, deputy managing director, all departmental directors and administrators and their respective deputies, all council members, and the clerk and deputy clerk of the County. These reserved and designated parking stalls shall be provided at no cost to the respective official with the exception of council members, who shall be charged $15 per month for a reserved and designated parking stall at that council member's primary work location. Any reserved and designated parking stall located at a County facility other than the council member's primary work location shall be provided at no cost to that council member. Reserved and designated parking stalls assigned under this subsection shall be located as close as possible to the building entrance nearest to the respective official's assigned office." 2 SECTION 5. Chapter 24, article 8, division 5, section 24-233 of the Hawai`i County Code 1983 (2005 Edition, as amended), is repealed in its entirety: "Section 24-233. [_ •• •• . .] Reserved. [During council or committee sessions or any other time when public demand for parking is high (e.g., annual re licensing period), parking privileges and restrictions may be subject to change, with the department of public works to accomplish the necessary shifting of parking privileges and restrictions so as to cause the least possible inconvenience to those renting parking spaces]." SECTION 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are to be severable. SECTION 7. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. The reviser shall insert the effective date of this ordinance in place of"as of the date of enactment of this ordinance" as provided in Section 4 of this ordinance. SECTION 8. This ordinance shall take effect on May 1, 2012. The department of finance shall refund any reserved stall parking rental charges collected for the month in which the ordinance becomes effective. 3