Legislation Details

File #: HIST-15499    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 12/13/2010 Final action: 12/13/2010
Title: 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 Rescind Resolution No. 2009-R041
Attachments: 1. Adoption of a Resolution to Increase the Civil Pen - A-1__10-12-13_PD_CITY COUNCIL__City Council Resolution to increase parking fines - FINAL.docx, 2. Adoption of a Resolution to Increase the Civil Pen - A-1_ATT_10-12-13_PD_RESO_parking fines.pdf
City of Culver City, California Agenda Item Report Meeting Date: 12/13/10 Item Number: A-1 CITY COUNCIL 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 Rescind Resolution No. 2009-R041 Contact Person/Dept.: Dianne Gifford/Police Department Phone Number: (310) 253-6252 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [] Action Item: [X] Attachments: [X] Commission Action Required: Yes [] No [X] Date: _______________ Public Notification: Meetings and Agendas – City Council (12/09/10); Advertisement in the Culver City News (12/09/10). Department Approval: Don Pedersen (12/01/10) City Attorney Approval: Carol Schwab (by L. Vidra 12/02/10) Chief Financial Officer Approval: Jeff Muir (by M. Noller) (12/08/10) City Manager Approval: John Nachbar (12/09/10) RECOMMENDATION: Staff recommends that the City Council adopt a Resolution increasing the civil penalties and surcharges for parking citations under the Culver City Municipal Code and the California Vehicle Code and Rescinding Resolution No. 2009-R041. BACKGROUND: California Vehicle Code Section 40203.5 authorizes local legislative bodies to establish civil penalties for parking violations within the City’s jurisdiction. The State of California currently imposes surcharges totaling $9.50 per paid parking violation, to be paid to the county, which then passes a portion of the surcharges along to the State. Culver City’s parking penalties were last increased in June 2009 to cover the State’s then $4.50 surcharge increase. An additional surcharge has been added by the State to parking citations issued on and after December 7, 2010, due to the recent adoption of the 2010 California Budget Act. The new additional surcharge is $3.00, which will increase the total State and County surcharges to $12.50 per paid parking violation. The bill increasing the surcharge is SB 857, which adds section 76000.3(a) to the Government Code, which states, “Notwithstanding any provision of law for each parking offense where a parking penalty, fine, or forfeiture is imposed, an added penalty of three dollars ($3) shall be imposed in addition to the penalty, fine, or forfeiture set by the city, district, or other issuing agency.” The mechanism for distributing the money is to send it to the court/county for eventual remittance to the City of Culver City, California Agenda Item Report State Treasurer. The bill also creates a sunset clause for the $3.00 surcharge in July 2013, barring any other action by the State. DISCUSSION: In November, staff compared the surrounding cities of Santa Monica, Los Angeles, West Hollywood and Beverly Hills, who have also raised their fines, to ascertain if Culver City’s parking penalties were consistent. (Attachment 1) In order for Culver City’s parking penalty amounts to be in line with the surrounding areas and to better act as a deterrent to illegal parking, staff believes that it is in the City’s best interest to restructure the current parking fine schedule and increase the fines. The proposed increased fines are reflected in Exhibit A to the proposed Resolution. (Attachment 2) The penalties have increased by $5.00 with a few exceptions to maintain consistency between codes and with surrounding city fines. Staff also recommends that a $25.00 surcharge be placed on citations that are subject to collections. This would encourage violators to pay their citations prior to moving into collections and help the City recoup costs of collection efforts. FISCAL ANALYSIS: There were 28,707 parking citations collected in Fiscal Year 2009/2010. Assuming the proposed fines had been implemented, the money owed to the State would increase by $86,121.00. There is no cost required to reprogram a new fine structure in the automated ticket writers, therefore no additional ticket stock will be needed for the machines. Automated ticket writers account for about 86% of all parking citations issued. There is an estimated cost, based on our last purchase, of about $3,500 to purchase handwritten parking citation stock. Fourteen percent of citations issued are handwritten requiring new ticket stock. The estimated cost based on our last purchase a year ago is no more than $3,500, however, staff will decrease the amount ordered in anticipation of further surcharge mandates by the State. There is sufficient funding in the Police Department’s budget to cover the cost of any purchase. ATTACHMENTS: 1. Comparison Chart 2. Proposed Resolution City of Culver City, California Agenda Item Report MOTION: That the City Council: Adopt a Resolution increasing the civil penalties and surcharges for all parking citations under the Culver City Municipal Code and the California Vehicle Code and Rescinding Resolution No. 2009-R041. MEETING DATE: December 13, 2010 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 Rescind Resolution No. 2009-R041 ATTACHMENTS Pages 1. Comparison Chart 1 2. Proposed Resolution 2-6ATTACHMENT A Proposed Parking Penalty and Westside Cities Comparison CURRENT NEW LA City VVH SM BH PARKING VIOLATIONS AND FINES CCMC Section Description CURRENT PROPOSED 7.10.220 REMOVAL OF MARKS/ERASING CHALK $55.00 $60 NA NA $158 7.01.240 YLVV, GRN OR VVHT CURB $45.00 $50 $53 $55 $53 $55 7.01.240(A) RED CURB $70.00 $80 $88 $80 $64 $93 7.01.240(E) BLUE CURB (DISABLED PKG) $340.00 $365 $353 $346 $399 $399 7.03.025 OUTSIDE LINES/MARKED SPACE $55.00 $60 $53 $50 $53 $53 7.03.040 PARK SPECIFIED TIME $50.00 $60 $53 $55 $53 $55 7.03.205 PKG PRIVATE PROP OR PKWY $55.00 $60 $63 $55 $53 $63 7.03.215 NO PKG/STOP ANYTIME $55.00 $60 $88 $80 $53 $93 7.03.215(E) STREET SWEEPING $55.00 $60 $68 $60 $64 $68 7.03.220(A) VEH PRKD EXCESS 72 HOURS $65.00 $70 7.03.225 ADVERTISENVASH/REPAIR $55.00 $60 na na $53 $58 7.03.235 CITY PROPERTY $55.00 $60 $58 $55 $53 $63 7.03.240 ALLEY PARKING $60.00 $65 $63 $80 $53 $80 7.03.245 UNPAVED SURFACE $55.00 $60 $63 $55 $53 $63 7.03.305 NO PRK EXCEPT BY PERMIT $55.00 $60 $63 $55 $64 $64 7.03.420 BUS STOP/TAXI STAND $55.00 $60 $53 $265 7.03.525 METER VIOLATION $45.00 $55 $58 $53 $53 $58 7.03.610(A) OVRSZD MTRIZED/NON-MTRIZED $65.00 $60 7.03.610(C) COMMERCIAL VEHICLES $55.00 $60 7.03.610(D) VEH 6'+ W/IN 45 INTERSECTION $55.00 $60 CVC SECTION 4000a NO EVIDENCE OF VALID REGISTRATION $30.00 $35 $50 $63 5200 2 PLTS REQ $10 VVIPRF 14 DAYS $30.00 $35 $25 $46 $38 $53 5201 PLT POSITION $10 VV/PRF 14DAYS $30.00 $35 $25 na $53 5202 PLTS REQ $10 W/PRF 14 DAYS $30.00 $35 $25 $38 $53 5204 NO TABS $10 W/PRF 14 DAYS $30.00 $35 $25 na $38 $53 22500A PKD IN INTERSECTION $55.00 $60 $63 $63 $53 $63 22500B PKD IN CROSSWALK $55.00 $60 $63 $63 $53 $93 22500D PKD W/I 15' FIRE STATION $55.00 $60 $63 $80 $53 $93 22500E BLOCKING/IN DRIVEWAY $55.00 $60 $63 $53 $53 $63 22500F PKD ON/ACROSS SIDEWALK $65.00 $60 $63 $58 $53 $63 22500H DOUBLE PARKING $55.00 $60 $63 $63 $63 $93 22500K PRKD ON BRIDGE $55.00 $60 $63 na $53 $93 22500L PARK1NG/BLKNG WHEELCHAIR ACCESS $340.00 $350 $353 $271 $304 $358 22500.1 PARKING IN FIRE LANE $70.00 $80 $58 $80 $53 $93 22502A CURB PARKING 18" $55.00 $60 $58 $50 $53 $58 22502B WRONG WAY PARKING $55.00 $60 $58 $50 $53 $58 22514 PKD W/115* FIRE HYDRANT $60.00 $65 $63 $80 $53 $93 22507.8a HANDICAP PARKING $340.00 $365 $353 $346 $399 $399 22507.8c HASHMARKS ADJ HANDICAP $340.00 $365 $353 $346 $399 $399 22515 VEH RUNNING W/O DRIVER $55.00 $60 $58 $55 $53 $93 22522 ADJ TO RAMP LESS THAN 3' $340.00 $350 $353 $296 $53 $358 21113A PRKD ON PUBLIC GROUNDS $60.00 $65 $58 • $50 $53 $63 22526A ANTI-GRIDLOCK $65.00 $60 $88 $115 $53 $115 27156 FUEL CAP REQUIRED $45.00 $50 DEFAULT -Violation of Any Other Prking Law $50.00 $55 $55 na $53 $55 SFC 508.5.4 OBSTRUCT FIRE HYDRNT, ETC $115.00 $120 504.1 BLKG ACCESS EXTERIOR DOORS $115.00 $120 503.4 OBSTRUCT FIRE ROAD/LANE $115.00 $120 CCFC 1028.3 OBSTRUCT INTERIOR FIRE EXT $115.00 $120 1028.3 OBSTRUCT EMRGNCY EXIT $115.00 $120RESOLUTION NO. 2010-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. 2009-R041. WHEREAS, California Vehicle Code § 40203.5 (see also, Tyler v. County of Alameda (1995) 34 Cal.App.4th 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 June, 2009 by adopting Resolution 2009-R041, the State of California passed Senate Bill 857, which added Section §76000.3(a) to the California Government Code and increased the amount of money by $3.00 that the City must remit to the State Treasurer for every parking penalty, fine or forfeiture imposed by the City; and WHEREAS, the $3.00 fee increase imposed by the State of California is effective December 7, 2010; and WHEREAS, the City Council desires to amend the City's Civil Penalty Bail Schedule to provide for the increase in the penalty imposed by SB 857; and WHEREAS, to encourage the timely payment of parking violation fines, the City Council desires to place a $25.00 surcharge on citations that are unpaid and sent to an agency for collection, to partially recoup the cost of collection efforts. 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 2. Bail forfeiture is hereby established for violations of the City's parking regulations set forth in Exhibit A;|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28ROL A. SCHWAB, City Attorney MARTIN R. COLE, City Clerk ATTEST: AP RO ED A T ORM: 3. A $25.00 surcharge shall be placed on unpaid parking violation fines that are sent to a collection agency to partially recoup the cost of collection efforts. 4. Resolution No. 2009-R041 is hereby rescinded. 5. This resolution shall become effective as of the date of execution. APPROVED and ADOPTED this day of , 2010. CHRISTOPHER ARMENTA, MAYOR City of Culver City, California|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- C3--)1|101010|EXHIBIT "A" TO RESOLUTION 2010-R CIVIL PENALTY BAIL SCHEDULE|1010|CCMC Section Description Amount|101010|7.01.220 Removal of Marks $60.00|1010|7.01.240 Yellow/green/white curb $50.00|1010|7.01.240(A) Red Curb $80.00|10 10|7.01.240(E) Blue Curb [disabled persons parking] $365.00 10 7.03.025 Parking Outside of Marked Spaces $60.00 11 7.03.040 Parking Over a Specified Time $60.00 12 7.03.205 Private Property or Parkway $60.00 13 7.03.215 No Parking Anytime $60.00 14 7.03.215(E) Street Sweeping $60.00 15 7.03.220(A) Parking in Excess of 72 Consecutive Hours $75.00 16 7.03.225 Advertising/Washing/Repairing $60.00 17 7.03.235 Illegal City Property Parking $60.00 18 7.03.240 Alley Parking $65.00 19 7.03.245 Unpaved Surface $60.00 20 7.03.305 Permit Parking $60.00 21 7.03.420 Bus Stop or Taxi Cab Stand $60.00 22 7.03.525 Meter Violation $55.00 23 7.03.610 (A) Parking of Large and Non-motorized Vehicles $60.00 24 7.03.610 (C) Parking of Commercial Vehicles $60.00 25 7.03.610 (D) Parking Within 45 Feet of Intersection $60.00 26 28 1 -b -3-I Fire Code Violations 2 508.5.4 Obstruction or Impairment of Fire 3 Hydrants, Standpipes, PIV, Etc. $120.00 4 1028.3 Obstruction of Interior Fire Exit $120.00 5 1028.3 Obstructing Emergency Exit, exterior $120.00 6 504.1 Blocking Access to Exterior Doors $120.00 7 503.4 Obstruction of Access Road $120.00|1010|9 California Vehicle Code Sections 10 4000A Invalid Registration $35.00 11 5200 One Plate Only $35.00 12 5201 Plate Position $35.00 13 5202 No License Plates $35.00 14 5204 License Plate Tabs $35.00 15 22500(a) Parked within Intersection $60.00 16 22500(b) Parked within Crosswalk $60.00 17 22500(d) Parked within 15' of Fire Station $60.00 18 22500(e) In/Blocking Driveway $60.00 19 22500(f) On or Across Sidewalk $60.00 20 22500(h) Double Parking $60.00 21 22500(k) Parking on a Bridge $60.00 22 22500(1) Parking /Blocking Wheelchair Access $365.00 23 22500.1 Parking in Fire Lane $80.00 24 22502(a) Curb Parking/18" $60.00 25 22502(b) Wrong Way Parking $60.00 26 22507.8 Parking in Spaces for Disabled $365.00 27 22514 Parked within 15' of Fire Hydrant $65.00 28 -4-22515 22522 21113(a) 22526(a) 27155 Vehicle Running without Driver Adjacent to Ramp/Less than 3' Parked on Public Grounds Anti-Gridlock Fuel Cap Required $60.00 $$350.00 $60.00 $60.00 $50.00 Default Penalty Any other parking violation not listed $55.00 Delinquent Penalties If not paid within 21 days of issuance, loq% penalty shall apply. California Vehicle Code § 40203.5(a) & (b), Collection Surcharge A $25.00 surcharge will be added to any unpaid fine that is sent to a collection agency for collection. DMV 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. I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-