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Home My WebLink AboutCC AG PKT 2010-12-13 #L AGENDA STAFF REPORT DATE: December 13, 2010 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Jeffrey Kirkpatrick, Chief of Police SUBJECT: REVISING FEE SCHEDULE ESTABLISHED BY RESOLUTION 5898, REGARDING POLICE PARKING VIOLATION FEES SUMMARY OF REQUEST: Adopt Resolution No. 6089 revising fee schedule established by Resolution 5898, regarding Police Parking Violation Fees. BACKGROUND: Revision to Section 4: Police Fees: The proposed revisions to the Fee Schedule are based on new State legislation enacted on October 19, 2010 when Governor Schwarzenegger signed Senate Bill 857. SB 857 imposes an additional $3 fee on every parking citation issued by cities effective December 7, 2010. The proposed revision to the fee schedule is intended to recover the increased fees as mandated by Government Code section 76000.3. In addition, in 2009, the state increased parking fees by the amount of $5.00 (SB 1407). At that time the City adopted the increased fees for some but not all related Vehicle Code fees. At this time, staff is recommending that the Council increase the fees not increased during the last fee increase in 2009, as part of the adoption of Resolution No. 6089. The following chart shows the current fee amounts and the recommended fees. Proposed Revised Fees - Section 4. L: Parking Violation Fees: Agenda Item L Page 2 Section Violation Current Proposed Fee Fee 21113 (A) CVC SCHUPUB PROP -FAIL OBEY RSTRCT 40:00 43.00 21211 (A) CVC PARKED IN BIKE LANE 40.00 43.00 22500.1 CVC FIRE LANE 680 68.00 22500 (A) CVC PARKED IN INTERSECTION 4000 43.00 22500 (B) CVC PARKED ON CROSSWALK 40.00 43.00 22500 (E) CVC BLOCKING DRIVEWAY 40.00 43.00 22500 (F) CVC PARKED ON /ACROSS SIDEWALK 40.00 43.00 22500 (H) CVC DOUBLE PARKING 4800 43.00 22500 (I) CVC PRKD IN BUS STOP /LOADING ZONE 300.00 308.00 22500 (K) CVC PKG PROHIB -STATE HIWAY BRIDGE 40.00 43.00 22502 (A) CVC PARALLEL AND /OR WITHIN 18" 4800 43.00 22505 (B) CVC NO PARKING - STATE HIGHWAY 4800 43.00 22507.8(A) CVC HANDICAPPED PARKING ONLY 30800 308.00 22507.8 (B -C)CVC OBSTRUCTION OF DISABLED SPACE 300.00 308.00 22507.8 (C) CVC OBSTRUCTION OF DISABLED SPACE 300700 308.00 22514 CVC FIRE HYDRANT 6800 68.00 22515 (A) CVC UNAT VEH W /ENGINE RUNNING 4800 43.00 • 22522 CVC PARKING - ACCESS RAMP 30800 308.00 22523 CVC ABANDONED VEHICLE 400.00 108.00 26708 (A) CVC OBSTRUCTED VIEW THRU WNDSHLD 35.00 43.00 26710 CVC DEFECTIVE WINDSHIELD 25,00 33.00 27155 CVC GAS CP RQ /$10 PRF OF CO 35.00 43.00 27465 (B) CVC UNSAFE TIRES -$10 W /PRF 21 DAYS X00 33.00 4000 (A) CVC EXP REG /$10 W /PRF CORR 6800 68.00 4462.5 CVC PRESENTING FALSE REGISTRATION 5800 64.00 4462 (B) CVC DISPLAY FALSE REGISTRATION 4000 108.00 4464 CVC ALTERED LICENSE PLATE 6800 68.00 5200 CVC MSG PLT -$10 W /PRF CORR 35.00 43.00 5201 (E) CVC PLT COV /$10 W /PRF CORR 35.00 43.00 5204 (A) CVC MISSING TAB -CORR AND PYMT REQ 35.00 43.00 8.15.010 (C) SBMC FAILURE TO OBEY PSTD SIGNS 36-00 43.00 8.15.010 SBMC NO PARKING CERTAIN AREAS 400 43.00 8.15.010 (D & F) SBMC PKD OVER WHITE LINE -TRAFF HAZ 400 43.00 8.15.020 SBMC FAIL TO PARK IN MARKED STALL 4800 43.00 8.15.025 SBMC 72 HOUR PARKING 4800 43.00 8.10.105 SBMC PKG /DRIVING ON PRIVATE PROP 4800 43.00 8.15.055 SBMC SHORT TERM PARKING ZONES 4800 43.00 8.15.065 SBMC CITY PROPERTY 4800 43.00 Page 3 8.15.070 SBMC CURB MARKINGS 40.00 43.00 8.15.080 SBMC PKD IN OR OBSTRUCTING ALLEY 40.00 43.00 8.15.085 SBMC PRKNG OF OVERSIZED VEH 40.00 43.00 8.15.090 SBMC ILLEGAL COMM VEH PKG 65.00 68.00 8.15.100 SBMC SURFSIDE COLONY FIRE HYDRANT 35,00 43.00 8.15.105 SBMC PARKING METER ZONES 40.00 43.00 8.15.115 SBMC DIAG PKG /FRT WHEEL XCS OF 6" 49,00 43.00 8.20.010 (b)SBMC PARKED WITHOUT PAYING 40.00 43.00 8.20.010 (c)SBMC PERMIT MUST BE DISP PROPERLY 40.00 43.00 8.20.015(A) SBMC NO PKG MARINA W/O PERMIT 40.00 43.00 8.20.015(B) SBMC NO CMPR /REC VEH /BOAT MARINA 40.00 43.00 Adoption of the proposed resolution will immediately implement the revisions as listed above. FISCAL IMPACT: Minimal impact. The City of Seal Beach issued 18,524 parking citations in 2009. The additional fee increase will offset new fees required of the City of Seal Beach to be paid to the State of California. No other changes to fees currently in effect are proposed. RECOMMENDATION: Adopt Resolution No. 6089, A Resolution of the City Council of the City of Seal Beach Revising Resolution 5898, Regarding Police Parking Violation Fees. SUBMITTED BY: NOTED AND APPROVED: Jeff ''y it p trick, Chief of Police David Carmany, City Manager Prepared by: Captain Tim Olson Attachment(s) A. Resolution No. 6089 B. Amended Section of Government Code 76000.3 • Attachment "A" Resolution No. 6089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REVISING RESOLUTION 5898, REGARDING POLICE PARKING VIOLATION FEES RESOLUTION NUMBER 6089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REVISING RESOLUTION 5898, REGARDING POLICE PARKING VIOLATION FEES WHEREAS, the City Council is empowered to impose reasonable fees, rates, and charges for municipal services and adopted Resolution No. 5898 on July 13, 2009 which established fees and charges for goods, services and facilities provided by the City to cover the costs reasonably borne or a substantial portion of the actual costs of the goods and services provided by the City; and WHEREAS, the City Council has determined to recover the total of various parking surcharges as mandated by the State of California Govemment Code NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Seal Beach hereby revises Section 4; Police Fees, Sub - section 4.L: Parking Violation Fees of Resolution Number 5898 to read as follows: SECTION 4. POLICE FEES • "L. Parking Violation Fees Section Violation Proposed Fee 21113 (A) CVC SCHUPUB PROP -FAIL OBEY RSTRCT 43.00 21211 (A) CVC PARKED IN BIKE LANE 43.00 22500.1 CVC FIRE LANE 68.00 22500 (A) CVC PARKED IN INTERSECTION 43.00 22500 (B) CVC PARKED ON CROSSWALK 43.00 22500 (E) CVC BLOCKING DRIVEWAY 43.00 22500 (F) CVC PARKED ON /ACROSS SIDEWALK 43.00 22500 (H) CVC DOUBLE PARKING 43.00 22500 (I) CVC PRKD IN BUS STOP /LOADING ZONE 308.00 22500 (K) CVC PKG PROHIB -STATE HIWAY BRIDGE 43.00 22502 (A) CVC PARALLEL AND /OR WITHIN 18" 43.00 22505 (B) CVC NO PARKING - STATE HIGHWAY 43.00 22507.8(A) CVC HANDICAPPED PARKING ONLY 308.00 22507.8 (B -C)CVC OBSTRUCTION OF DISABLED SPACE 308.00 22507.8 (C) CVC OBSTRUCTION OF DISABLED SPACE 308.00 22514 CVC FIRE HYDRANT 68.00 22515 (A) CVC UNAT VEH W /ENGINE RUNNING 43.00 22522 CVC PARKING - ACCESS RAMP 308.00 22523 CVC ABANDONED VEHICLE 108.00 26708 (A) CVC OBSTRUCTED VIEW THRU WNDSHLD 43.00 • 26710 CVC DEFECTIVE WINDSHIELD 33.00 27155 CVC GAS CP RQ /$10 PRF OF CO 43.00 27465 (B) CVC UNSAFE TIRES -$10 W /PRF 21 DAYS , 33.00 4000 (A) CVC EXP REG /$10 W /PRF CORR 68.00 4462.5 CVC PRESENTING FALSE REGISTRATION 64.00 4462 (B) CVC DISPLAY FALSE REGISTRATION 108.00 4464 CVC ALTERED LICENSE PLATE 68.00 5200 CVC MSG PLT -$10 W /PRF CORR 43.00 5201 (E) CVC PLT COV /$10 W /PRF CORR 43.00 5204 (A) CVC MISSING TAB -CORR AND PYMT REQ 43.00 Resolution Number 6089 8.15.010 (C) SBMC FAILURE TO OBEY PSTD SIGNS 43.00 8.15.010 SBMC NO PARKING CERTAIN AREAS 43.00 8.15.010 (D & F) SBMC PKD OVER WHITE LINE -TRAFF HAZ 43.00 8.15.020 SBMC FAIL TO PARK IN MARKED STALL 43.00 8.15.025 SBMC 72 HOUR PARKING 43.00 8.10.105 SBMC PKG /DRIVING ON PRIVATE PROP 43.00 8.15.055 SBMC SHORT TERM PARKING ZONES 43.00 8.15.065 SBMC CITY PROPERTY 43.00 8.15.070 SBMC CURB MARKINGS 43.00 8.15.080 SBMC PKD IN OR OBSTRUCTING ALLEY 43.00 8.15.085 SBMC PRKNG OF OVERSIZED VEH 43.00 8.15.090 SBMC ILLEGAL COMM VEH PKG 68.00 8.15.100 SBMC SURFSIDE COLONY FIRE HYDRANT 43.00 8.15.105 SBMC PARKING METER ZONES ,43.00 8.15.115 SBMC DIAG PKG /FRT WHEEL XCS OF 6" 43.00 8.20.010 (b)SBMC PARKED WITHOUT PAYING 43.00 8.20.010 (c)SBMC PERMIT MUST BE DISP PROPERLY 43.00 8.20.015(A) SBMC NO PKG MARINA W/O PERMIT 43.00 8.20.015(B) SBMC NO CMPR /REC VEH /BOAT MARINA 43.00 This Resolution shall be effective upon adoption. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December , 2010 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6089 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of December , 2010. City Clerk Attachment "B" Amended Section of Government Code 76000.3 Amended Section of Government Code 76000.3 76000.3. (a) Notwithstanding any other provision of law, for each parking offense where a parking penalty, fine, or forfeiture is imposed, an added penalty of three dollars ($3) shall be imposed in addition to the penalty, fine, or forfeiture set by the city, district, or other issuing agency. (b) For each infraction parking violation for which a penalty or fine is collected in the courts of the county, the county treasurer shall transmit the penalty imposed pursuant to subdivision (a) to the Treasurer for deposit in the Trial Court Trust Fund established by Section 68085. These moneys shall be taken from the penalties, fines, and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1463.009 of the Penal Code. The judges of the county shall increase the bail schedule amounts as appropriate for infraction parking violations to reflect the added penalty provided for by subdivision (a). (c) In those cities, districts, or other issuing agencies which elect to accept parking penalties, and otherwise process parking violations pursuant to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code, that city, district, or issuing agency shall collect the added penalty imposed by this section. Each agency that elects to process parking violations shall pay to the Treasurer for deposit in the Trial Court Trust Fund three dollars ($3) for each civil parking penalty collected on each violation. Those payments to the Treasurer shall be made monthly. (d) This section shall become operative 60 days after the enactment of the Budget Act of 2010. (e) This section shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.