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HomeMy WebLinkAboutAGENDA REPORT 2018 0919 CCSA REG ITEM 10CCITY OF MOORPARK, CALIFORNIA City Council Meeting of 9.19.2018 ACTION Approved staff recommendation. Adopted Reso No. 2018-3748 BY M. Benson C. Consider Resolution Rescinding Resolution No. 2018-3673 and Establishing a New Bail Schedule for Violations of the Moorpark Municipal Traffic Code, Which Apply to Vehicle Parking Violations. Staff Recommendation: Adopt Resolution No. 2018-____, rescinding Resolution No. 2018-3673 and establishing a new bail schedule for violations of the Moorpark Municipal Traffic Code, which apply for vehicle parking violations. ROLL CALL VOTE REQUIRED Item: 10.C. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Shaun Kroes, Program Manager DATE: 9/19/2018 Regular Meeting SUBJECT: Consider Resolution Rescinding Resolution No. 2018-3673 and Establishing a New Bail Schedule for Violations of the Moorpark Municipal Traffic Code, Which Apply to Vehicle Parking Violations BACKGROUND AND DISCUSSION Assembly Bill 503 (Lackey) requires that the City of Moorpark (City) provide an indigent payment plan for individuals who have unpaid parking tickets and are able to provide proof as to such per criteria specified in the legislation. Assembly Bill 503 took effect July 1, 2018. The City has established an indigent payment plan process in compliance with AB 503. The City’s payment plan requires the maximum allowable monthly payment amount of $25.00 per month. If, for example, a qualified payment was for the payment of a $63.00 ticket, the applicant would pay $25.00 for two months, followed by a final payment of $13.00. An applicant’s payment plan can be for up to a maximum of 18 months per AB 503. The application and process for applying is available on the City’s website at www.moorparkca/gov/pp. Assembly Bill 503 permits the City to charge no more than a $5.00 processing fee for applicants who qualify for the indigent payment plan. City staff is proposing to add the $5.00 processing fee to the City’s Bail Schedule. The $5.00 processing fee can be included as part of the payment plan or paid separately, at the discretion of the indigent owner. Any processing fee revenue collected would go to revenue line 1000.000.00000.44000 (General Fund Municipal Code Fines), which is the same revenue code that paid parking citations are recorded. As of the date of this staff report, the City has not received any applications for an indigent payment plan. FISCAL IMPACT There is no fiscal impact associated with the adoption of the resolution for new bail schedule. Item: 10.C. 33 Honorable City Council 09/19/2018 Regular Meeting Page 2 STAFF RECOMMENDATION (Roll Call Vote) Adopt Resolution No. 2018-____, rescinding Resolution No. 2018-3673 and establishing a new bail schedule for violations of the Moorpark Municipal Traffic Code, which apply for vehicle parking violations. Attachment: Draft Resolution – Bail Schedule 34 RESOLUTION NO. 2018-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RESCINDING RESOLUTION NO. 2018-3673 AND ESTABLISHING A NEW BAIL SCHEDULE FOR VIOLATIONS OF THE MOORPARK MUNICIPAL TRAFFIC CODE RELATED TO VEHICLE PARKING WHEREAS, the City of Moorpark desires to rescind Resolution No. 2018-3673 and adopt a revised Bail Schedule to update the bail amounts for parking violations to include a processing fee for indigent payment plans in the amount of five dollars ($5.00) per approved application. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 2018-3673 is hereby rescinded upon the effective date of this resolution adopting a new Bail Schedule. SECTION 2. That all infractions of the Moorpark Municipal Traffic Code which apply to vehicle parking, as listed in Exhibit "A" be subject to payment of a bail amount as specified therein. SECTION 3. That all infractions of the Moorpark Municipal Traffic Code which apply to vehicle parking, as listed in Exhibit "A" which are not paid to the City of Moorpark within 14 days of the mailing of the notice of parking violation, shall be subject to a ten dollar ($10.00) late charge, in addition to the established bail amount referred to in Exhibit "A." SECTION 4. That all infractions of the Moorpark Municipal Traffic Code which apply to vehicle parking, as listed in Exhibit “A” which are paid online or over the phone, shall be subject to a three dollar and fifty cent ($3.50) “convenience fee”. SECTION 5. In lieu of collecting a fine for a citation for failure to display a disabled placard, a fee of twenty-five dollars ($25.00) shall be collected to process cancellation of a citation where the individual who received the citation can show proof that he or she had been issued a valid placard at the time the citation was received. SECTION 6. The California Department of Motor Vehicles (DMV) administrative service fee (ASF) that DMV charges for recording the Notice of Delinquent Parking/Toll Violation on the vehicle registration is four dollars ($4.00) as of January 1, 2018. The DMV ASF amount shall be determined by the California State Legislature. SECTION 7. The City shall charge a five dollar ($5.00) processing fee for approved indigent payment plans, in compliance with Assembly Bill 503 (Lackey). 3535 Resolution No. 2018-____ Page 2 SECTION 8. This resolution shall be effective and operative February 19, 2018. SECTION 9. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of September, 2018. __ Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit “A” 3636 Resolution No. 2018-____ Page 3 EXHIBIT “A” Municipal Code Section Description Bail Amount 10.04.150 Parallel parking over “18” from the Curb $63.00 10.04.160 Angle parking only zone $63.00 10.04.170 Time limit parking zones $63.00 10.04.180 Block, park, or stop in a “Disabled Person” space $355.00 10.04.190 Prohibited parking: (a) Within an intersection $63.00 (b) On a crosswalk (Except for a bus) $63.00 (c) Within a safety zone $63.00 (d) Within 15’ from a fire station entrance or exit $63.00 (e) Unattended vehicle within 15’ of a fire hydrant $63.00 (f) In front of a private or public driveway $63.00 (g) On a sidewalk $63.00 (h) Obstructing a construction zone $63.00 (i) Double parking $63.00 (j) No parking zone, red curb, or signs prohibiting $63.00 (k) Traffic hazard $63.00 (l) Across parallel parking stall lines $63.00 (m) Beyond parking stall causing hazard $63.00 (n) In a bus loading zone $63.00 (o) On a bridge $63.00 (p) Block sidewalk curb cutout for a wheelchair access $63.00 10.04.200 Prohibited or restricted parking $63.00 10.04.205 Oversized vehicle in prohibited location $63.00 10.04.210 Parking on a hill over 3% grade without turning wheels $63.00 10.04.220 72 hour parking limit $63.00 10.04.225 Overnight parking in a commercial zone $63.00 10.04.227 Living in a vehicle $63.00 10.04.240 (a) Commercial vending near schools $63.00 (c) Commercial vending with noise making device near school $63.00 10.04.250 Parking or stopping in a loading zone $63.00 3737 Resolution No. 2018-____ Page 4 10.04.260 Parking or stopping in a passenger loading zone $63.00 10.04.300 Commercial vehicle parking in residential area $63.00 Late Penalty Fee: $10.00 in addition to the established bail amount for payments made after 14 days of the mailing of the notice of parking violation. Convenience Fees: $3.50 for a payment made online. $3.50 for a payment made over the phone. Administrative Fee: In lieu of collecting a fine for a citation for failure to display a disabled placard, a fee of $25.00 shall be collected to process cancellation of a citation where the individual who received the citation can show proof that he or she had been issued a valid placard at the time the citation was received. California Department of Motor Vehicles Administrative Service Fee: $4.00 for recording the Notice of Delinquent Parking/Toll Violation on the vehicle registration. Indigent Payment Plan Fee: $5.00 fee for an approved indigent payment plan. The $5.00 fee shall be included in the payment plan schedule or paid in total at the start of the payment plan, at the discretion of the indigent owner. 3838