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Home My WebLink AboutResolution 93-161 06/21/1993'~ .. '`:. 1 2 3 4 6 7 8 9 10 ~es®IUtI®C1 N®. 93-161 N.~.S. of the City of Petaluma, California ASSIJA~ING THE AITTH®RITY T® PROCESS AND ADJUDICATE PARKING CITATI®NS AND ESTABLISHING PARKING FINES FEES AND SIJIYCHARGES WHEREAS, in 1992 the Legislature passed AB 408 which made amendments to the Vehicle Code which changed the method of collecting penalties for violation of State statutes 11 and local ordinances governing the parking of vehicles; and 12 13 WHEREAS, AB 408 provides that any violation of an unlawful standing or parking 14 provision of the law shall be subject to a civil penalty schedule established by the governing 15 body of the jurisdiction in which the notice of parking violation is issued, and that the 16 enforcement of those penalties shall be governed by a revised civil procedure, including an 17 administrative investigation and review procedure and an administrative and judicial appeal 18 process; and 19 20 WHEREAS, AB 408 authorizes the City of Petaluma to recover administrative fees, 21 process service fees and collection costs related to civil debt collection, late payment penalties 22 and other related charges; and 23 24 WHEREAS,. AB 408 requires the City of Petaluma to include penalties imposed by the 25 State and County of Sonoma for jail and courthouse construction, in accordance with 26 Government Code Sections 76000 and 76101; and 27 28 WHEREAS, Section 40200.2 of the Vehicle Code requires the issuing agencies and the 29 courts to enter into an agreement to permit the courts to phase out, and the issuing agency to 30 phase in, the processing of notices of parking violations and notices of delinquent. parking 31 violations; and 32 33 WHEREAS, the City Council and the Sonoma County Municipal Court have agreed to 34 the terms of such an agreement which are reflected in the agreement attached hereto as Exhibit 35 A ("Agreement"); and 36 37 WHEREAS, the provisions of AB 408, the county-wide consortium of parking citation 38 issuing agencies and the Court authorize the adoption of uniform fines; and ~z~s. N~.........~.3.-.1..6.1..... n~.c.s. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the City of Petaluma will be responsible for and provide a method to collect, process, adjudicate parking citations within its jurisdiction; and WHEREAS, the Court approved the proposed Uniform Parking Fine Schedule, attached hereto as Exhibit B, on May 28, 1993 to be effective upon the transfer of parking jurisdiction from the courts to the issuing agencies which is to take place on September 1, 1993. NOW, THEREFORE, BE IT RESOLVED that pursuant. to Vehicle Code Section 40203.5, the City of Petaluma establishes the fines for parking violations, late payment penalties, administrative fees and other charges set forth. in the Uniform .Parking Fine Schedule attached hereto as Exhibit B, attached hereto and incorporated herein, effective September 1, 1993. BE IT FURTHER RESOLVED that the City of Petaluma hereby authorizes the Mayor or City Manager to execute the Agreement. c:\word5\reso.doc 7/6/93 (fmk) 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 Approved as to Council of the City of Petaluma at a (Regular) ~~x~Pl~adad) meeting~,_..._--- °~ r on the ...2~.Sx .............. day of ..._....slufze.........................................., 19..93.., by the following vote: ~ ~ ................•----.. ' y' Att ,rney AYES: Nelson, Barlas, Read, Shea, Hamilton, Mayor Hilligoss NOES: None i ABSENT: V~ e M el ATTEST: . -- • ...... .............•--•--•-•------......-.-..-.............-.--......................... City Clerk (buncil File .................................... cn io-a5 Res. N~.....9.3.-1.6.1........ rv.cs. AGREEMENT (EXHIBIT "A") AGREEMENT BETWEEN THE SONOMA COUNTY MUNICIPAL COURT ("Court") AND THE CITY OF PETALUMA ("City") REGARDING THE TRANSFER OF THE PROCESSING, SETTING FINES, COLLECTION AND ADJUDICATION OF PARKING CITATIONS. WHEREAS, Sonoma County Municipal Court has agreed to transfer the processing, collection and adjudication of parking citation and fines to the .issuing agency, the City of Petaluma, hereinafter referred to as "City"; and WHEREAS, Section 40200.2 of the Vehicle Code requires the issuing agencies and the Court~to enter into an agreement to permit the court to phase out, and the issuing agency to phase in the processing of notices of parking violations and notices of delinquent parking violations; and NOW; THEREFORE, IT IS MUTUALLY AGREED the transfer of the processing of the posting of parking citation fines activity from the Court to the issuing agency will commence on September 1, 1993. The issuing agency will provide required personnel, equipment and facilities necessary to provide along-term commitment to the processing and adjudication of parking citations. The issuing agency will abide by all applicable state laws, Department of Motor Vehicle procedures and ordinances relating to parking citations. This agreement, upon full execution by all parties and commencement of the term of the agreement, .shall supersede those sections of previous agreements, except those citations issued by issuing agency prior to September 1, 1993 will be processed by the Court at the prior bail rates and not the Uniform Fine Schedule -Exhibit B. The issuing agency is responsible for processing, collection and adjudication of parking citations pursuant to AB 408, State statute and local ordinance. It is possible that the City and county Parking Consortium will provide guidance and alternative arrangements that can 1 Reso. 93-161 NCS :, mutually benefit all issuing authorities. However, those potential solutions do not relieve the . issuing agency of its commitment and obligation for parking citations they issue. IN WITNESS WHEREOF, the parties have caused this instrument to be duly executed by their authorized representatives this day of , 1993. City of Petaluma By Mayor ATTEST: Sonoma County Municipal Court By Name and Title ATTEST: City Clerk .APPROVED AS TO FORM: County Clerk APPROVED AS TO FORM: City Attorney Deputy County Counsel a: \agrmt. doc 6/30/93 (fmk) 2 Reso. 93-161 NCS 7'UhJ=11-193 13 ~ ~5 FR01~1 SDN01''IR C~7UNTY COMM. T17 91^'7'84419 P. ~3 r , ~ ~ . ,~ ~ ~ ,i ~a-~apc~~~ lrffig ~~~e~ ~~ Iss~~.~a~ ~~~~t~~~~i~~ -Cate v I III III N '~I. Type A'leter Time Zone 1€e~ air Cirossrvatk CVC.Ci~de ancilar Permit Overtime ~ ding Sidervalk Local Ch`dinartce 1 Zmin-4hr R erred Cabslruct Traffic. Handicap Green Zone Vending Posted pus Zc~x~e Bike park Double bark 5ide~valk Access/ i'arl£iitg Lot lied Zone Barrip Curb larking 'l'ow A~vay* Unattend Veil. Fine $1 Q.00 S 15.00 $~ ,00 $.30.00 See Belorv CVC *County Surcharge 3.00 3.00 00 3.00 *5tate surcharge ~~ ~.aa ~ Qp Base Penalty ,.., $15.OD $20.00 $~ S.QQ .~„ ,=, X35.00 Add 3.~te Pine $1C}.Of? $-15.00 $ $ZS.00 Tastal Fine $2~.OQ $ 5:OQ ~~I 5.00 $GO.OCI Add~l]NPV) $ 7,..00 $15_QO $~ 5.0~} $35.OQ 7I~V Hold Cost *1 3.a0 ~ ~ ~ 3..~Of . `Pohl Fine ... S35.Q0 _ , 553.00 S7 .00 $9$.00 5urtharges: Criminal Justi[e Trust Fund $1.SQ County's Courtb+~use Construction rust Fund S1.5t1 State of'Califorsaia S2.E1(? (SB 21f Di~iV hold Lost $3;00 (DivIV holds I Ma years only) G"ItC-Schedule ~ Vehicte Ccxie ~~f~10 VG Blacking int~rsec[ian prohibited' SQ 75 103 5204 VC Registration tabs or equipment 'olatian GO $5 177*'~ 21113a VC Na driving artlParking.on pubtir grounds or possession of cancehed or st len permit I03 128 181 22520 VC Vending on or near Freer4=ay h03 i~8. 1.81 2~52~a VC Vehicle A6andantnent F'rol3ibit ighrvay 270 295 3~8 225Z3b VC Vehicle Abandonment Prohibit PubliclPtiriv~te"~'roperty 27Q ?~5 3~8 22507:8a VC Parking in Spac~c fr~r Disabled Pr hibited 275 ~Oa .353 2t5C1'~.$b VC Parking; in SPrace for 17isabled Prd hbited ?75 3010 353 2ZSQ0{I) VC Prohibited Parking, Whec'lehair ~ ccess ?50 ~?75 3?8 Z25ZZ VC Parlitig tear sidecYalk access ram p ?7~ 34U 35'3 225Q0i VC lrrt ro er Parkin taus Z~ine 250 275 3Z$ t ori•tng ana stara~e.tees~~noc incluaed in parl:~ng citation. In order for a .-chicle to be seizure- elgjble, fi~~e ar rnc~re mature hiPVs must bQ assessed tq the ~-ehicle'S i°e~ista'atinn plate. ~* 509b split betwee>7 the issuing authorityr and th State. I pp TOTRL P . G~3 ~~~~~lt Reso. 93-161 NCS