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HomeMy WebLinkAboutResolution 2009-166 N.C.S. 10/05/2009Resolution No. 2009-166 N.C.S. of the City of Petaluma, California AUTHORIZING AN INCREASE IN PARKING VIOLATION PENALTY FEES IN THE CITY OF PETALUIVIA WHEREAS, California Vehicle Code Section 40200.3 authorizes the City of Petaluma to recover administrative fees, process service fees and collection costs related to civil debt collection, late payment penalties and other related charges; and, WHEREAS, California Vehicle Code Section 40203.5 allows cities to establish the amount of parking fines; and, WHEREAS, California. Vehicle Code Section 40203.5 and California Government Code Section 70372(b) require the City of Petaluma to include in its parking penalties the fees imposed by the State of California and County of Sonoma for jail and court house construction, in accordance with California Government Code Sections 76000 and 76101; and, WHEREAS, the City of Petaluma is currently collecting a total of $5.00 in State parking penalty assessments as part of its current parking fines, which were last revised in August, 2008; and, WHEREAS, Senate Bills 425 and 1407, codified at California Government Code Section 70372(b), were recently enacted, which establish an additional $1.50 and $3.00 respectively in State parking penalty assessments, bringing the total of all State parking penalty assessments to $9.50 per parking citation. Since current parking fines do not include all applicable parking penalty assessments imposed by the State, the City is now absorbing the additional $4..50 per parking citation; and, WHEREAS, the City needs to increase its current parking citation penalty fees in order to off-set the additional $4.50 per parking citation that the City must collect and remit to the State pursuant to California Government Code Section 70372(b); and, Resolution No. 2009-166 N.C.S. Page 1 WHEREAS, Resolution No. 2004-028 N.C.S. authorizes the City to increase its parking penalty fees commensurate with the current Consumer Price Index (CPI). Based on the current CPI for the San Francisco Bay Area, the City can raise its parking penalty fees by up to $1.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma adopts the Parking Violation Penalty Fee Schedule attached as Attachment B, which will increase the parking penalty fee by $5.00 per parking citation to cover the $4.50 State parking penalty assessment fees and $.50 CPI adjustment as authorized by Resolution No. 2004- 028 N.C.S. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the pro ~d a to Council of the City of Petaluma at a Regular meeting on the 5`~ day of October, f rrn: 2009, by the following vote: AYES: NOES Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt None City A ABSENT: None ABSTAIN: None ATTEST: ~/v City Clerk Resolution No. 2009-166 N.C.S. Page 2 ATTACHMENT B CITY OF PETALUMA, CALIFORNIA PARKING VI®LATIOfV PENALTY FEE SCHEDULE ADOPTED 10/5/2009 Petaluma Municipal Code California Vehicle Code Description Fine 22507.8(a) CVC Disabled Parking $600.00 22507.8(c) CVC Disabled Parking -Hash Marks $600.00 11.48.085(b)(2) PMC Blocking Access Ramp $600.00 1 1.40.060 PMC Parked Over 72 Hours $90.00 All Other Parking Citations Various $45.00 Delinquency Charge $50.00 Resolution No. 2009-166 N.C.S. Page 3