HomeMy WebLinkAboutRES CC 2012 3119 2012 0620 RESOLUTION NO. 2012-3119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA AUTHORIZING THE PAYMENT OF
SURCHARGES COLLECTED ON VEHICLE PARKING
VIOLATION FINES FROM FISCAL YEARS 2009/2010, 2010/2011
AND 2011/2012 TO THE COUNTY OF VENTURA AND TO THE
STATE TREASURER'S OFFICE; AND AMENDING THE FISCAL
YEAR 2011/2012 BUDGET TO APPROPRIATE $150,000 FROM
THE GENERAL FUND (1000)
WHEREAS, in 1991 the State Legislature enacted Assembly Bills (AB) 1297 and 544;
and Senate Bill (SB) 21 to amend Government Code Sections 76000, 76100 and 76101 to
include a $5.00 surcharge on each parking penalty collected on each violation to fund the
maintenance and construction of court facilities transferred from the counties to the State.
Those penalties collected shall be transmitted monthly to the county treasurer. For each
parking case collected, the county treasurer shall deposit $2.50 to the Courthouse
Construction Fund and $2.50 to the Criminal Justice Facilities Construction Fund; and
WHEREAS, on October 2, 1991 City Council adopted Resolution No. 91-807
containing new bail schedule for violations of the municipal traffic code, which apply to
vehicle parking to include State increased fees; and
WHEREAS, on March 3, 1993 City Council rescinded Resolution No. 91-807 and
adopted Resolution No. 93-924 containing the new bail schedule for violations of the
municipal traffic code, which apply to vehicle parking to increase the disabled person parking
penalty from $105.00 to $280.00 and added new penalties to address vehicles blocking curb
cuts and ramps designed for disabled persons; and
WHEREAS, on July 15, 1998 City Council rescinded Resolution No. 93-924 and
adopted Resolution No. 98-1482 containing the new bail schedule for violations of the
municipal traffic code, which apply to vehicle parking to increase penalty on all parking
violations, except disabled person parking penalty, from $30.00 to $40.00 consistent with
other surrounding cities; and
WHEREAS, SB 1407 was signed into law on September 26, 2008, and became
effective on January 1, 2009, amended Government Code Section 70372, which imposed an
additional $4.50 surcharge on each parking citation payable to the County of Ventura within
forty-five (45) days after the end of the month. For each parking fine collected, the County
shall distribute $1.50 to the State Court Facilities Construction Fund and $3.00 to the
Immediate and Critical Needs Account of the State Court Facilities Construction Fund; and
WHEREAS, on June 16, 2010 City Council rescinded Resolution No. 98-1492 and
adopted Resolution No. 2010-2923 containing the new bail schedule for violations of the
municipal traffic code, which apply to vehicle parking to increase penalties to incorporate the
$4.50 State surcharge per SB 1407; and to keep up with current penalty amounts imposed by
surrounding cities; and
Resolution No. 2012-3119
Page 2
WHEREAS, on October 8, 2010 SB 857 was enacted to add Government Code
Section 76000.3 which provides that effective December 7, 2010 through July 1, 2013 an
additional $3.00 fine is imposed on each parking penalty collected on each violation. Such
fees shall be paid to the State Treasurer monthly for deposit in the Trial Court Trust Fund;
and
WHEREAS, on December 1, 2010 City Council rescinded Resolution No. 2010-2923
and adopted Resolution No. 2010-2981 containing the new bail schedule for violations of the
municipal traffic code, which apply to vehicle parking to increase penalties to incorporate the
$3.00 State surcharge per SB 857; and
WHEREAS, on June 15, 2011 City Council adopted the Operating and Capital
Improvement Budget for fiscal year 2011/2012; and
WHEREAS, a staff report has been presented to the City Council summarizing the
amounts owed to the County of Ventura and the State Treasurer; and staff is seeking
Council's approval to pay surcharges totaling $128,948.50 due now to the County of Ventura
and to the State Treasurer's Office from parking citation fines collected from July 1, 2009 to
May 22, 2012; and
WHEREAS, the adopted budget does not include appropriations for the payment of
surcharges and the staff report is requesting a budget amendment increase of$150,000 from
the General Fund (1000); and
WHEREAS, Exhibit "A" hereof describes said budget amendment and its resultant
impact to the budget line item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That a Budget Amendment of$150,000, as more particularly described in
Exhibit "A", is hereby approved.
SECTION 2. 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 20th day of June, 2012.
(Ja4,-e S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: ExhibitA' - Budget Appropriation
Resolution No. 2012-3119
Page 3
Exhibit A
Budget Amendment for
General Fund
To Remit the Parking Citation Surcharges to the County/State
FY 2011/2012
A. Fund Allocation
Fund Description Account Amount
General Fund 1000-5500 $ 150,000
Total $ 150,000
B. Appropriation Allocation
Adopted Budget Revised
Budget Number Budget Change Budget
1000-8330-0000-9273 $ 0 $ 150,000 $ 150,000
Resolution No. 2012-3119
Page 4
STATE OF CALIFORNIA
COUNTY OF VENTURA ss.
CITY OF MOORPARK
1, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 2012-3119 was adopted by the
City Council of the City of Moorpark at a regular meeting held on the 20th day of June, 2012,
and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 22nd day of June, 2012.
Maureen Benson, City Clerk
(seal)
O