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HomeMy WebLinkAbout10. Mandatory Parking Fee Increase 2011 AGENDA MEMO DATE: January 25, 2011 TO: Mayor and Members of the City Council FROM: Office of the City Manager By: Rick Esteves, Chief of Police SUBJECT: MANDATORY PARKING FEE INCREASE RECOMMENDATION That the City Council adopt the attached Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING A MANDATORY STATE TRIAL COURT PENALTY FOR ALL PARKING OFFENSE FINES BACKGROUND Senate Bill 857 became effective on December 7, 2010 and amended Government Code 76000.3(a) to establish $3.00 as the penalty amount to be applied to the State Trial Court Trust Fund. Consequently, all parking violation fines will increase by $3.00 to cover this mandate. Government Code 76000.3(a) states in part, “for each parking offense where a parking penalty, fine, or forfeiture is imposed, an added penalty of three dollars ($3.00) shall be imposed in addition to the penalty, fine, or forfeiture set by the city, district, or other issuing agency.” The entire $3.00 shall be collected and distributed to the State Trial Court Trust Fund. The mechanism for distributing this money is to send it to the court/county for remittance to the State Treasurer. FISCAL IMPACT During 2010, 19,428 parking citations were issued. Based on this figure, the City would lose $58,284 without the $3.00 increase. Cost to replace existing parking citation inventory will be $5,700.00 RE:pw Attachments CITY OF DOWNEY, CALIFORNIA RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING A MANDATORY STATE TRIAL COURT PENALTY FOR ALL PARKING OFFENSE FINES AND AMENDING THE FINE SCHEDULE . WHEREAS, the City Council has adopted parking violation fine resolutions for the City of Downey; and WHEREAS, Senate Bill 857 (SB 857), amending Government Code 76000.3(a) pertaining to parking fines, fees, and penalties, became effective on December 7, 2010; and WHEREAS , SB 857 mandates $3.00 as an added state trial court penalty for parking fines NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Downey approve the City’s implementation of SB 857 and increase the fine amount for parking by $3.00. SECTION 2 . The City Council of the City Downey approve the attached fine/bail schedule for parking violations in the City of Downey, attached hereto as Exhibit “A” and incorporated herein by this reference. SECTION 3. Resolution No. 09-7130, adopted May 12, 2009, is hereby repealed. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. th APPROVED AND ADOPTED this 25 day of January, 2011. LUIS H. MARQUEZ, Mayor ATTEST: KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY THAT THE FOREGOING Resolution was adopted by the City th Council of the City of Downey at a regular meeting held on 25 day of January, 2011, by the following vote, to wit: AYES: Council Member NOES: Council Member ABSENT: Council Member ABSTAIN: Council Member _______________________________ KATHLEEN L. MIDSTOKKE, City Clerk EXHIBITA DOWNEY MUNICIPAL CODE SECTIONCURRENT DELINQUENT DMV CITED BAIL PENALTY HOLD 3152PARKING ON PARKWAY $38.00$24.00$3.00 3153APARKING UNATTACHED TRAILER $43.00$29.00$3.00 3153BPARKING OVER 72 HOURS $43.00$29.00$3.00 3154BPARKING VEHICLE - FOR REPAIRS $43.00$24.00$3.00 3155.1PARKING OUT OF MARKED SPACES ON STREET $43.00$29.00$3.00 3163AUNATTENDED HAZARDS MATERIALS VEHICLE $72.00$58.00$3.00 3165.1RED ZONE - NO PARKING $43.00$29.00$3.00 3165.2YELLOW ZONE - 20 MINUTES $38.00$24.00$3.00 3165.3WHITE ZONE - 3 MINUTES $38.00$24.00$3.00 3165.4GREEN ZONE - 20 MINUTES $38.00$24.00$3.00 3169PARKING IN ALLEY $38.00$24.00$3.00 3172OVERTIME PARKING - BUSINESS ZONE $38.00$24.00$3.00 3173OVERTIME PARKING - 1 OR 2 HOURS $38.00$24.00$3.00 3174NO PARKING CERTAIN HOURS $38.00$24.00$3.00 3175STREET SWEEPING $38.00$24.00$3.00 3185BCOMMERCIAL VEHICLE - RESIDENTIAL/BUSINESS AREA $207.50$200.00$3.00 3185CCITY LOT - VIOLATION OF POSTING $38.00$24.00$3.00 3185EIGNITION KEY IN UNATTENDED VEHICLE $38.00$24.00$3.00 3185GPARKING ON PRIVATE PROPERTY - NO CONSENT $38.00$24.00$3.00 3191CITY LOT -HANDICAP SPACE $344.00$170.00$3.00 3192CITY LOT - NOT PARKED WITHIN MARKED SPACE $43.00$29.00$3.00 3194DCITY LOT - REPAIRING VEHICLE $43.00$24.00$3.00 9110.12(c)(1)&(2) PARKING IN FRONT OR SIDE YARD SETBACK AREA $43.00$29.00$3.00 9110.14(d) OBSTRUCTION OF VEHICULAR ACCESS TO REQUIRED GARAGE $38.00$24.00$3.00 9150.14PARKING IN UNPAVED AREAS $38.00$24.00$3.00 9150.24OVER 72 HOURS - DRIVEWAY $38.00$24.00$3.00 VEHICLE CODE VIOLATIONS 21113ON PUBLIC AND SCHOOL GROUNDS $42.00$28.00$3.00 22500AWITHIN INTERSECTION $47.00$33.00$3.00 22500BON CROSSWALK $47.00$33.00$3.00 22500CADJACENT TO SAFETY ZONE $47.00$33.00$3.00 22500DWITHIN 15 FEET OF FIRE STATION DRIVEWAY $47.00$33.00$3.00 22500EFRONT OF DRIVEWAY $47.00 $33.00$3.00 22500FON SIDEWALK $47.00$33.00$3.00 22500GBY EXCAVATION - TRAFFIC OBSTRUCTED $47.00$33.00$3.00 22500HDOUBLE PARKING $47.00$33.00$3.00 22500IBUS LOADING ZONE $47.00$33.00$3.00 22500KON BRIDGE $47.00$33.00$3.00 22500LHANDICAP CURB RAMP - MARKED OR POSTED $344.00$170.00$3.00 22500.1FIRE LANE $72.00$58.00$3.00 22502AMORE THAN 18" FROM CURB OR WRONG WAY $42.00$28.00$3.00 22507.8HANDICAP SPACE OR STALL $344.00$170.00$3.00 22514WITHIN 15 FEET OF FIRE HYDRANT $48.00$33.00$3.00 22515UNATTENDED-MOTOR RUNNING OR BRAKES NOT SET $48.00$28.00$3.00 22521WITHIN 7 1/2 FEET OF RAILROAD TRACK $42.00$28.00$3.00 22522HANDICAP CROSSWALK RAMP - WITHIN 3 FEET $344.00$170.00$3.00 22523AABANDON VEHICLE ON HIGHWAY $72.00$58.00$3.00 22523BABANDON VEHICLE - PUBLIC\PRIVATE PROPERTY $72.00$58.00$3.00