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04 Staff Report - State Mandated surcharge for Parking Violations DATE: COUNCIL AGENDA REPORT March 9, 2009 MEETING DATE: 3/16/2009 ITEM NO: TO: FROM: MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER 􀁾􀀻􀀡 SUBJECT: ADOPT RESOLUTION AMENDING THE CURRENT FEES AND FINES SCHEDULE TO INCREASE PARKING VIOLATIONS BY $3.00 TO REFLECT THE JANUARY 1, 2009 STATE MANDATED SURCHARGE FOR PARKING VIOLATIONS. RECOMMENDATION: Adopt resolution amending the current fees and fines schedule to increase parking violations by $3.00 to reflect the January 1,2009 state mandated surcharge for parking violations. BACKGROUND: The Trial Court Facilities Act of 2002 (Government Code Section 70372) establishes the State Court Facilities Construction Fund and provides that monies in that fund may be used to acquire, rehabilitate, construct, or finance court facilities. During the 2008 legislative year, the California State Legislature enacted SB 1407 (Perata), Court Facilities: financing, amending Government Code Section 70372 (b), which requires cities to collect fees on behalf of the state. DISCUSSION: With the enactment of Senate Bill 1407, the Town is required to collect an additional $3.00 penalty for every parking offense where a parking penalty, fine, or forfeiture is imposed in order to fund the State Court Facilities Construction Fund. With this additional state mandated penalty, the amount the Town is required to collect and remit to the county for each parking violation increases :!i'om $1.50 to $4.50. State law provides that at such time as the responsibility for COlmty courthouse facilities is fully transferred from the County to the Judicial Council, (pursuant to Article 3, commencing with §70321 of Chapter 5.7 of the California Government Code), the additional penalty for the County Com1house Construction Fund would be reduced to $1.00. When that occurs, staff would return to the Town Council to revise its pmking penalties. PREPARED BY: ScottR. Seaman 1,,-,, IJ /Chief of Police '<111ft;r􀁾􀁾 Reviewed by: 􀁾􀁁􀁳􀁳􀁩􀁳􀁴􀁡􀁮􀁴 Town Manager Town Attorney 􀁾􀁾 Clerk Administrator -©-Finance __ ommunity Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION AMENDING THE CURRENT FEES AND FINES SCHEDULE TO INCREASE PARKING VIOLATIONS BY $3.00 TO REFLECT THE JANUARY 1, 2009 STATE MANDATED SURCHARGE FOR PARKING VIOLATIONS. 3/16/2009 The proposed fines contained in Exhibit A of the draft resolution include the $3.00 surcharge. Amending the fines in the Town's current Fees and Fines schedule, which were adopted pursuant to resolution 2008-016, increases the parking penalties by $3.00 to add the new state mandated penalty. Since our Parking Enforcement Officers utilize hand held electronic citation writers, the department has the ability to quickly reprogram the citation writers to accommodate the new parking penalty amounts. The parking violation processing center, Enforcement Technology, is familiar with the change in legislation and will update the Town's citation writers. CONCLUSION: Staff recommends that Council adopt the resolution increasing the current parking violation fines by $3.00 each. ENVIRONMENTAL ENVIRONMENTAL ASSESSMENT: Is not a project defined tmder CEQA, and no further action is required. FISCAL IMPACT: Adoption of the proposed resolution will not result in increased revenue to the Town, in that the fees collected by the Town will be remitted to the County and/or the State for the Court Construction Fund. ATTACHMENTS: 1. Resolution RESOLUTION 2009-RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE CURRENT FEES AND FINES SCHEDULE TO INCREASE PARKING VIOLATIONS BY $3.00 TO REFLECTTHE JANUARY 1,2009 STATEMANDATED SURCHARGE FOR PARKING VIOLATIONS. WHEREAS, State law provides in Vehicle Code section 40203.5 that parking penalties shall be established by the governing body of the jurisdiction where the notice of violation is issued; and WHEREAS, in 2008 the California State Legislature enacted Senate Bill 1407, Perata, Comt facilities: financing, which added a state court construction penalty of four dollars and fifty cents ($4.50) for every parking offense where a parking penalty, fine, or forfeiture is imposed; and WHEREAS, pursuant to SB 1407, effective January 1,2009, the State will collect the $4.50 penalty for every parking offense in order to finance construction of critical needs State court construction projects; and WHEREAS, The Town currently collects $1.50 for each parking violation, and this new law requires that the Town collect an additional $3.00 to comply with the $4.50 penalty; and WHEREAS, it is necessary to amend the Town's current Fess and Fines schedule in order to increase the fines pursuant to the State mandated surcharge by $3.00 so that the Town does not lose much needed revenues from parking citations. RESOLVED, by the Town Council ofthe Town ofLos Gatos, County of Santa Clara, State of California, that the Town of Los Gatos hereby adopts the amended Fees and Fines schedule for parking violations to include the increased parking fines, as detailed in Exhibit A, attached hereto, and by reference made a part hereof. PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthe Town ofLos Gatos, California, held on the 16th day of March, 2009 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA EXHIBIT A POLICE FEES AND FINES Town Code Parking Violation Fees I. 15.40.015 (Overtime Parking) 2. 15.40.065 (Vehicle Storage on Street) 3. 15.40.070 (Commercial Vehicles in Residential Zones) 4. 15.40.075 (For SalelNon Emergency Repair) 5. 15.40.080 (Preferential Parking) 6. 15.40.080(b) (Permit Required Area) 7. 15.40.080(c) (Fraudulent use of Permit) 8. 15.40.085 (Posted no Parking Special Events) 9. 15.40.090 (Parking on Parkway) 10. 15.40.095 (Marked Parking Space) II. 15.40.1 00 (Parking on Grade) 12. 15.40.105 (Designated Parking VC22507.8) 13. 15.40.110 (Marked Curb) $ 38.00 $ 63.00 $ 63.00 $ 38.00 $ 48.00 $ 48.00 $103.00 $ 38.00 $ 38.00 $ 38.00 $ 33.00 $283.00 $ 38.00 California Vehicle Code Parking Violation Fees I. 211 13(a) VC (Public Lot Parking in Permit Area) $ 18.00 2. 22500(b) VC (On Crosswalk) $ 38.00 3. 22500(e) VC (Blocking Driveway) $ 38.00 4. 22500(f) VC (On Sidewalk) $ 38.00 5. 22500(h) VC (Double Parking) $ 38.00 6. 225000) VC (In Bus Zone) $258.00 7. 22500(1) VC (Blocking Curb Access Ramp) $258.00 8. 22500.1 VC (Blocking Fire Lane) $ 38.00 EXHIBIT A POLICE FEES AND FINES California Vehicle Code Parking Violation Fees -cont'd 9. 22502(a) VC (Parallel 18in.Right Curb) 10. 22502(e) VC (One Way within 18in. Left Curb) 11. 22507.8(a) VC (Designated Disabled Parking) 12. 22507.8(b) VC(Disabled Space Inaccessible) 13. 22507.8(c)(l-2) VC (On Stall or Cross Hatch Lines 14. 22514 VC (Within 15ft of Fire Hydrant) 15. 22521 VC (Within 7ft of Railroad Track) 16. 22522 VC (Within 3ft Sidewalk Access Ramp) 17. 23333 VC (Vehicular Crossing) 18. 4000(a) VC (Expired Registration) Fine if corrected within 21 days of issue date 19. 5204(a) VC (No Registration Tabs) Fine if corrected within 21 days of issue date 20. 5200 VC (Missing License Plate) Fine if corrected within 21 days of issue date $ 38.00 $ 38.00 $283.00 $283.00 $283.00 $ 38.00 $ 38.00 $283.00 $ 75.00 $138.00 $ 13.00 $ 79.00 $ 13.00 $ 79.00 $ 13.00