City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution increasing the civil penalties
and surcharges for parking violations under the Culver City Municipal Code and the
California Vehicle Code, and rescinding Resolution No. 2008-R076.
BACKGROUND:
California Vehicle Code Section 40203.5 authorizes local legislative bodies to
establish civil fees and surcharges for parking violations within the City’s jurisdiction.
The parking penalties were last increased in November 2008 and included the State
Courthouse fee which had been $5.00 per citation since 1993. Subsequent to that
increase, the State of California passed Senate Bill 1407 which amended
Government Code Section 70372(b) to increase the parking penalty by an additional
$4.50 for every parking offense. The $4.50 is to be collected and distributed by the
Court ($3.00 to the Immediate and Critical Needs Account and $1.50 to the State
Court Facilities Construction Fund).
DISCUSSION:
Government Code Section 70372(b) states in part: “…In addition to the penalty
provided by subdivision (a), for every parking offense where a parking penalty, fine,
or forfeiture is imposed, an added state court construction penalty of four dollars and
fifty cents shall be included in the total penalty, fine, or forfeiture…” The mechanism
for distributing the money is to send it to the court/county for remittance to the State
Treasurer.
Meeting Date: 06/08/2009 Item Number: A-2
AGENDA ITEM: Adoption of a Resolution to Increase the Civil Penalties and
Surcharges for Parking Violations under the Culver City Municipal Code and the
California Vehicle Code, and Rescinding Resolution No. 2008-R076
Contact Person/Dept.:
Dianne Gifford/Police
Phone Number: (310) 253-6252
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master E-Mail Notification List (06/03/09); Advertisement in the
Culver City News (06/04/09)
Department Approval:
Don Pedersen (05/21/2009)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/01/09)
Chief Financial Officer Approval:
Jeff Muir(by N. Kimball)(06/03/09)
City Manager Approval:
Mark Scott (06/03/09) City of Culver City, California
City Council Agenda Item Report
In February 2009, the Los Angeles Superior Court sent a letter to all agencies
clarifying the parking citation revenue distribution that the Court shall receive.
Attachment A shows the Parking Citation Revenue Distribution. The City is now
required to pay a total of $9.50 for every parking offense in addition to other varying
fines, fees and penalties on handicap citations and registration and equipment
violations. The City is currently collecting only $5.00 per citation.
The increase of revenue distribution was unanticipated when the civil penalties were
increased last November.
For purposes of processing and placing a delinquent citation on DMV registration
hold, the fine increase is necessarily rounded up to an even amount of $5.00.
FISCAL ANALYSIS:
There were 9,572 parking citations issued from January 1, 2009 through April 30,
2009. At $5.00 per citation, the City has lost $47,860.
There will be an additional one-time cost to the Police department of approximately
$3,500 for the printing of handwritten parking citations that contain the new citation
amount.
ATTACHMENTS:
A. Los Angeles Superior Court Parking Citation Revenue Distribution
B. Proposed Resolution
MOTION:
That the City Council:
Adopt a Resolution increasing the civil penalties and surcharges for all parking
violations under the Culver City Municipal Code and the California Vehicle Code,
and rescinding Resolution No. 2008-R076.
MEETING DATE: June 8, 2009
AGENDA ITEM: Adoption of a Resolution to Increase the Civil Penalties and
Surcharges for Parking Violations under the Municipal Code and the California
Vehicle Code, and Rescinding Resolution No. 2008-R076.
ATTACHMENTS
Pages
1. Parking citation revenue distribution chart 1
2. Proposed Resolution 2-6A-446h ritexi-
LOS ANGELES SUPERIOR COURT
PARKING CITATION REVENUE DISTRIBUTION
On each parking citation that is paid, the Court shall receive:
Description Amount Code Section
County - Courthouse Construction Fund $2.50 GC 76100, GC 76000(b)
County - Criminal Justice Facilities Construction Fund $2.50 GC 76101, GC 76000(b)
State - Immediate & Critical Needs Facilities Construction
Fund - Parking Penalty $3.00 GC 70372(b)
State Court Facilities Construction Fund-Parking Penalty $1.50 GC 70372(h)
Total Parking Penalty for Every Parking Offense = $9.50
Other Fines/Fees/Penalties;
County/State - Handicap State Linkage Fee $2 per $10 PC 1465.5
($2 per $10 on fine/forfeiture imposed)
State Share Parking
varies VC 40225(d)
(50% Registration and Equipment Violations)
County - Bail Increases
varies PC 1463.28, VC 40200.3
(Sept. 16, 1988 to July 1, 1992)KtGirt rate 3
RESOLUTION NO. 2009-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, ADOPTING A BAIL
SCHEDULE FOR PARKING VIOLATIONS UNDER THE
CULVER CITY MUNICIPAL CODE AND THE CALIFORNIA
VEHICLE CODE AND RESCINDING RESOLUTION NO.
2008-R076.
WHEREAS, California Vehicle Code § 40203.5 (see also, Tyler v. County
of Alameda (1995) 34 Cal.App.e 777) authorizes a local legislative body to establish
civil penalties and surcharges for parking violations within a City's jurisdiction; and
WHEREAS, subsequent to the City Council revising the City's bail
schedule for parking violations in November 2008 by adopting Resolution 2008-R076,
the state of California amended California Government Code §70372(b) and increased
the amount of money that the City must remit to the State Treasurer for every parking
penalty, fine or forfeiture imposed by the City; and
WHEREAS, the mandatory• increased remittance to the State Treasurer of
$4.50 for every parking offense was unanticipated at the time the City amended its bail
schedule in November 2008; and
WHEREAS, due to the California Department of Motor Vehicles policy
that it cannot accept a partial dollar amount when a request is made by the City to place
a
vehicle registration on hold for an unpaid parking fine, the City's penalty per parking
violation must be increased by $5.00 to cover the mandatory increased remittance to
the State Treasurer and to maintain revenue levels anticipated in November 2008 when
the City increased its penalties for parking violations.
NOW. THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE as follows:
1. The Civil Penalty Bail Schedule attached hereto as Exhibit A is
hereby adopted; and|101010101010101010 10
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282. Bail forfeiture is hereby established for violations of the City's
parking regulations set forth in Exhibit A;
3. The $3.00 administrative fee charged by the Department of
Motor Vehicles to place a vehicle registration on hold for non-payment of a violation
shall be the responsibility of the violator and the violator's fine will be increased
accordingly.
4. Resolution No. 2008-R076 is hereby rescinded.
5. This resolution shall become effective as of the date of execution.
APPROVED and ADOPTED this day of , 2009.
ANDREW WEISSMAN, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney|101010101010101010 10
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-2-EXHIBIT "A"
TO RESOLUTION 2009-R 2|1010|CIVIL PENALTY BAIL SCHEDULE|1010|CCMC Section Description Amount|1010|7.01.220 Removal of Marks $55.00|1010|7.01.240 Yellow/green/white curb $45.00|1010|7.01.240(A) Red Curb $70.00|1010|7.01.240(E) Blue Curb [disabled persons parking] $340.00|10 10|7.03.025 Parking Outside of Marked Spaces $55.00
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7.03.040 Parking Over a Specified Time $50.00
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7.03_205 Private Property or Parkway $55.00
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7.03.215 No Parking Anytime $55.00
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7.03.215(E) Street Sweeping $55.00
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7.03.220(A) Parking in Excess of 72 Consecutive Hours $70.00
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7.03.225 Advertising/Washing/Repairing $55.00
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7.03.235 Illegal City Property Parking $55.00
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7.03.240 Alley Parking $60.00
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7.03.245 Unpaved Surface $55.00
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7.03.305 Permit Parking $55.00
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7.03.420 Bus Stop or Taxi Cab Stand $55.00
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7.03.525 Meter Violation
$45.00
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7.03.610 (A)
Parking of Large and Non-motorized Vehicles $55.00
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7.03.610 (C) Parking of Commercial Vehicles $55.00
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7.03.610 (D) Parking Within 45 Feet of Intersection $55.00
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-3-1 Fire Code Violations|1010|508.5.4 Obstruction or Impairment of Fire|1010|Hydrants, Standpipes, PIV, Etc. $115.00|1010|1028.3 Obstruction of Interior Fire Exit $115.00|1010|1028.3 Obstructing Emergency Exit, exterior $115.00|1010|504.1 Blocking Access to Exterior Doors $115.00|1010|503.4 Obstruction of Access Road $115.00|1010 10|California Vehicle Code Sections
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4000A Invalid Registration $30.00
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5200 One Plate Only $30.00
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5202 No License Plates $30.00
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5204 License Plate Tabs $30.00
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22500(a) Parked within Intersection $55.00
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22500(b) Parked within Crosswalk $55.00
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22500(d) Parked within 15' of Fire Station $55.00
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22500(e) In/Blocking Driveway $55.00
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22500(f) On or Across Sidewalk $55.00
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22500(h) Double Parking $55.00
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22500(k) Parking on a Bridge $55.00
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22502(a) Curb Parking/18" $55.00
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22502(b) Wrong Way Parking $55.00
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22507.8 Parking in Spaces for Disabled $340.00
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22514 Parked within 15' of Fire Hydrant $60.00
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22515 Vehicle Running without Driver $55.00
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21113(a) Parked on Public Grounds $55.00
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-4-22526(a)
Anti-Gridlock
$55.00
27155
Fuel Cap Required
$45.00
Default Penalty
Any other parking violation not listed
$50.00
Delinquent Penalties
If not paid within 21 days of issuance, 100% penalty shall apply. California Vehicle
Code § 40203.5(a) & (b).
Dli4V Administrative Fee
A $3.00 administrative fee charged by the California Department of Motor Vehicles to
place a vehicle registration on hold for non-payment of a violation will be the
responsibility of the violator and will increase the violator's fine accordingly_|1010101010101010 10
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