2011030702 - Increase Parking Violation Fees to reflect State mandated surcharge�pW N OF
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i COUNCIL AGENDA REPORT
DATE: March 7, 2011
MEETING DATE: 3/7/2011
ITEM NO:
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER P'v
SUBJECT: ADOPT RESOLUTION AMENDING THE CURRENT FEES AND FINES
SCHEDULE TO INCREASE PARKING VIOLATIONS BY $3.00 TO REFLECT THE
JANUARY 1, 2011 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, 2011 state mandated surcharge for parking violations.
BACKGROUND
The Trial Court Facilities Act of 2002 (Government Code Section 70372) established 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. In 2009 and again in 2011, the legislature has
mandated additional surcharges.
DISCUSSION
State law authorizes the Town to recover parking penalties for parking violations, late payment
penalties, administrative fees, and other related charges for parking violations. Section 40203.5 of the
California Vehicle Code authorizes a city to establish a schedule of parking violation penalties and late
payment penalties for parking citations in its jurisdiction.
In 2009, with the enactment of Senate Bill 1407, the Town was 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
PREPARED BY : Scott R. Seaman
Chief of Polic
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator Finance mmunity Development
PAGE
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,
2011 STATE MANDATED SURCHARGE FOR PARKING VIOLATIONS.
3/7/2011
the State Court Facilities Construction Fund. This prior increase was approved by Town Council on
March 16, 2009.
In 2011, with the enactment of Senate Bill 857 which amended subdivision 76000.3 of the Government
Code to increase the surcharge on parking fines by another $3.00 through June 30, 2013.
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 as a part of the
FY 2010/11 budget, increases the parking penalties by $3.00 to add the new state mandated penalty.
Our Parking Enforcement Officers utilize hand held electronic citation writers, therefore 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 ASSESSMENT
Is not a project defined under 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 2011 -
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
REFLECT THE JANUARY 1, 2011 STATE MANDATED 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, Court
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, in 2009 with the enactment of Senate Bill 1407 the Town was required to collect
an additional $3.00 penalty for any parking offense.
WHEREAS, with the enactment of Senate Bill 857 in January 2011, 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 incur a loss of revenue from parking enforcement citations.
RESOLVED, by the Town Council of the Town of Los 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 of the Town Council of the Town of Los Gatos,
California, held on the 7th day of March, 2011 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
POLICE FEES AND FINES
Photographs on CD
Copy of Video Tape
Copy of Audio Tape
Town Code Parking Violation Fees
1. 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 Sale/Non 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)
11. 15.40.100 (Parking on Grade)
12. 15.40.105.(DesignatedParking VC22507.8)
13. 15.40.110 (Marked Curb)
California Vehicle Code Parking Violation Fees
1. 21113(a) VC (Public Lot Parking in Permit Area)
2. 22500(b) VC (On Crosswalk)
3. 22500(e) VC (Blocking Driveway)
4. 22500(f) VC (On Sidewalk)
5. 22500(h) VC (Double Parking)
6. 22500(i) VC (In Bus Zone)
7. 22500(1) VC (Blocking Curb Access Ramp)
8.. 22500.1 VC (Blocking Fire Lane)
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)(1 -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
fi�3.i;o cAQ4
$ 52.00
$ 52.00
$ 52.00
$ 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
$ 18.00
$ 38.00
$ 38.00
$ 38.00
$ 38.00
$258.00
$258.00
$ 38.00
$ 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
30