HomeMy WebLinkAboutAgenda Bill 5B 10/05/2009
®ct®ber 5 2D09
FORNIA
CITY OF PETALUMA, CALI ~
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Agenda Title: Discussion and Possible Action on a.Resolutign Authorizing Meeting Date: October O5, 2009
an Increase in Parking Violation Penalty Fees in the City of'Petaluma.
Meeting Time: 7:00 PM
Category: ^ Presentation ^ Appointments ^ Consent ^ Public Hearing ^ Unbnished Business ®New Business
Department: Director: Contact Person: Phone Number:
Police Dan Fish Ken Savano 778.4596
Total Cost of Proposal or:Proiect: N/A Name of Fund: N/A
Amount. Budgeted: N/A Account Number: N/A
Current Fund Balance: N/A
Recommendation: It is recommended that the City Council take the following action:
Adopt a resolution authorizing an increase in parking violation penalty fees in the City of Petaluma to reflect the
increase in parking penalty assessment fees charged to the City of Petaluma by the State of California and an
authorized increase based on the current Consumer Price Index (CPI) for the San Francisco Bay Area.
1. ^ First reading"of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading
2. ^ First reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second
reading; see Attachment
3. ^ Other aefionrequiring special notice: Notice has been given, see Attachment
Summary Statement: The City of Petaluma currently collects and remits a total of $5.00 in parking penalty
assessment fees to the State of California for each parking citation issued. The State of California enacted
.legislation on January 1, 2008 (S.B. 425), and January 1, 2009 (S.B. 1407) that increased State parking penalty
assessment fees an additional $1.50 and $3.00 respectively, bringing the total parking penalty assessment fees
collected by the State to $9.50 per parking citation. The City increased its parking citation penalty from $35..00
to $4,0.00 in August of 200.8. This resolution will ;authorize an increase in the parking violation penalty fees by
an additional $5:00 to cover the $4.50 State parking penalty assessment fee increases pursuant to S.B. 425 and
S'.B,. 1407 and to adjust for CPI increases authorized by Resolution No. 2004-028.
Attachments to A~erid'a Packet Item:
A. Resolution
B. Schedule of Parking Violation Penalty Fees
Ite~'ewed b Finance.Director: Reviewed by City Attorney: A roved Mana er:
ate: ~ , ~-~ , ~rj' Date: Date: :,~ ~
Rev. # 3 ~ Date Last Revised: September 24, 2009 ~ File:
CITY ®F ~'ETALUMA, CALIFORNIA
October O5, 2009
AGENDA REPORT
FOR
Resolution Authorizing an Increase in Parking Violation Penalty Fees in the City of Petaluma
RECOMMENDATION: That the City Council. adopt this .resolution authorizing the City of
Petaluma to raise the parking violation penalty fees by $5.00, which is commensurate with an
increase in parking penalty assessment -fees collected by the State of California and a CPI
adjustment authorized by Resolution No. 2004-028.
2. BACKGROUND: California Vehicle Code (CVC) Section 40200.3 authorizes the City of
Petaluma to recover administrative fees and process service fees and collection costs related to
civil debt collection, late payment penalties and other related charges associated with parking
violations and penalty fees. CVC Section 40203.5 authorizes cities to establish the amount of
parking fines and CVC Section 40200.3 and California Government Code (CGC) Section
70372(b) require the City of Petaluma to include penalties imposed by the State of California
and the County of Sonoma for jail and court house construction, in accordance with CGC
Sections 76000 and 76101.
The City of Petaluma is currently collecting and remitting a total of $5.00 in parking penalty
assessment fees as part of its existing parking violation penalty fee schedule last updated in
August 2008. These fees are broken down as follows:
Existing State of California Parking Penalty Assessment Fees
Criminal Justice Facilities Fund GC 76000(GC76101) $1.50
Courthouse (Local) Construction Fund GC 76000(GC76100) $1.50
County General Fund GC 76000 $2.00
Total
$5.00
Additionally, the City's parking violation penalty fee schedule allows the City of Petaluma to
increase penalty fees commensurate with the current Consumer Price Index (CPI). Based on
the current CPI, the City of Petaluma is authorized to raise the parking violation penalty fees
by up to $1.00.
The State of California enacted S.B. 425 effective January 1, 2008, increasing the amount of
State of California. parking penalty assessment by $1.50 for State Court Facilities Fund
authorized under CGC 70372(b). The State of California also enacted S.B. 1407 effective
January 1, 2009 that increased the amount of State of California parking penalty assessments
by an additional $3.00 for Immediate and Critical Needs Account authorized. under CGC
70372(b), for a total increase of $4.5'0 per parking citation.
New State of California Parking Penalty Assessment Fees
State Court Facilities Fund GC 70372(b) SB 425 $1.50
Immediate and Critical Needs Account GC 70372(b) SB 1407 $3.00
Total $4.50
CJ"
Since the .current par-king violation penalty fee schedule= does not include the new parking
penalty fees assessed by the State of California; the City is absorbing the additional $4.50 per
parking citation issued. ,The existing parking citation fees have also not been adjusted to
reflect the current CPI. increases authorized by Resolution No. 2004-028.
3. DiscussioN: This resolution will authorize an increase in the current parking violation penalty
fees by $5.00 to cover the additional State parking penalty assessment fees totaling $4.50 and
$0.50 of-the authorized $.1:00 CPI increase. There. are several reasons for not seeking the entire
amount allowable of $5.50.
Although the CPI authorized an increase of $1.00 on July 1, 2009, the fees were not raised at
that time. Each time the fees are raised the parking citations and associated paperwork must
be re-printed to reflect the proper fine amounts. By combining the CPI increase with the
anticipated increased: fees taken by the State of California, the citations and associated
paperwork would be revised and printed only one time, saving money and administrative time.
The delay also allowed'the .State time to finalize its budget and confirm that it would only be
increasing .its fees by the $4..50 amount as there were concerns the amount might be
substantially higher.
This increase is not intended to raise revenues; but only to recover the loss of revenue to the
State and account for increased costs detailed by the CPI. The California Department of Motor
Vehicles (DMV) only allows fines in one dollar increments. Due to this rule, the city cannot
recoup the exact amount of $SSO. Raising the fees by the $5.00 amount leaves $0.50 of the
authorized -$1.00 CPI increase uncollected.
4. FINaNCiAL IMracTS: Because the increase in fees is $.050 higher than the actual .increase by
the State of California for parking penalty assessments, the City of Petaluma will experience
an increase in revenue of approximately $3,590 from the previous fiscal year.
If the parking violation penalty fees are not raised, the City will lose approximately $32,310 in
annual. revenue due to the $4:.50 per violation parking penalty assessment fees the City is now
required to collect and remit to the State.
ATTACHMENT A
Resoiut®n N®. l~.C.S.
Of the Cif ®f Petaluma, Calif®rnia
Authorizing an Increase in Parking Violation... Penalty Fees in the City of Petaluma
WHEREAS, California Vehicle Code Section 40200:3 authorizes the City of Petaluma to recover
administrative fees, process service fees and collection. costsrelated 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 ofparking
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 7600.0 and 761'0.1; and
WHEREAS, the City of Petaluma is currenthy,collecting atotal 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 B'lls 425 and 140.7, codified at California Government Code Section 70372(b), were
:recently enacted, which establish an additional $.L50 and $3.00°respectively iri .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~incltiide 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.Sq-per parking citation that`the City must collect and.remit to the State pursuant to
California Government Code Section 70372(b); and
WHEREAS', Resolution No. 2004-028 authorizes the City to increase its parking penalty fees
commensurate witl;tlie 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.
THEREFORE, NOW BE IT HEREBY 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.
Under't_h'e power-;arid authority conferred~upon this council by the~Charter`of~said City.
REFERENCE: I hereby certify the foregoing. Resolution was introduced and adopted by°the Approve as to
• Council of the City of Petaluma.ata Regular meeting on October:05, 2009, form:
By the following vote:
City Attorney J~'
. 1
CITY OF PETALUMA, CALIFORNIA
ATTACHMENT B
PANG VIOLATION PENALTY' SEE SC~IEDTJLE
ADOPTED 10/05/09
Petaluma California
Municipal ~ Vehicle
Code Code Description ~ Fine ,
22507.8(a) CVC Disabled Parking $600.00
22507.8(e) CVC Disabled Parking -Hash. Marks $600.00
11.48.085(b)(2) PMC Blocking Access Ramp. $600.00
11.40.060 PMC
All Other Parking Citations
1296099<`1
Parked Over 72 Hours $90.0.0
Various $45.00
Delinquency Charge
$50..00
W