HomeMy WebLinkAboutAGENDA REPORT 1991 1002 CC REG ITEM 11G1-'
MOORPARK ITEM //- G
799 Moorpark Avenue Moorpark, California 93021 (805y gWFORNNA
City Council Meeting
of 2— 199_/
M E M O R A N D U M 61 1—
TO: The Honorable City Council
FROM: Lieutenant Geoff Dean, Moorpark Police
Donald P. Reynolds Jr., Management Analyst
DATE: September 15, 1991
SUBJECT: Consider Increasing Bail Amounts and Modifying the Format
of Parking Citations
The following report recommends to µ--he Council that an increase in
parking citation bail amounts be considered, as presented in the
proposed resolution, presented in Attachment "A," and that the
format of parking citations be updated, as presented in Attachment
"B." Staff's recommendation for the adjustment to the bail amount
is based on two factors: recent State legislature mandating that
cities collect a $5.00 surcharge for each parking citation
collected; and, a comparison of Moorpark bail- amounts to other
cities. The recommendation to update the format of tickets is
based on many factors, as described in the "Discussion" portion of
this report.
Background
Upon incorporation, the City adopted the County ordinances that
among other things, established bail amounts for Traffic Code
violations cited by the Police which apply to vehicle parking. In
1983, this bail amount was $12 for most violations, with the
exception of handicapped parking restrictions, and "overtime"
restrictions. Currently, the City still follows the bail schedule
established in 1983, as presented n Attachment: " "B.'"
The City has not acted in past years to adjust the bail schedule,
but has been mandated by the court to adjust the processing
procedure. In February, 1986, the City entered into agreement with
a computer processing company to process late payment notices, and
to notify the DMV of delinquent parking fines. This action was
taken by the City as the result yf 1981.- legislation which was
enacted by the State, removing the CcLrt from this process.
In 1989 the City entered into agreement with the City of Thousand
Oaks to process citations for the City. The City of Thousand Oaks
has the computer facilities to process the Moorpark citations, send
out late notices, and send data t -( `:he DM-' in Sacramento, together
with the Thousand Oaks' parking t. c -�e -.;. nc,e entering into this
PAUL W LAWRASON JR BERNARDO M PEPE,- SCOTT VOI, ME RUY E TALLEY JOHN E_ WOZNIAK
Mayor Mayor Pro Tem C;our Ir,
,ourn,dmembe' Councilmember
agreement, the City has experienced a more responsive
administrative approach to citizen requests, with no increase in
-
- - -- costas - compared - to the private sector vendor - previously used. The
current process is summarized for the Council in Attachment "C."
Discussion
In addition to the State mandate to attach a surcharge to city
parking citations, staff is taking this opportunity to recommend
comprehensive adjustments to the process in order to make the
City's Traffic Code enforcement procedure as current as possible.
State Surchargg
On August 30, 1991, the City was advised by the Ventura County
Superior and Municipal Courts that the State legislature had
enacted three bills into law (AB1297, AB544 and SB21) increasing
the bail amount for a parking citation by $5.00. The increase in
the bail amount is intended to compensate the Courts for processing
those citations which are contested by citizens. As presented in
Attachment "C," citations may be contested in person, or by
"written declaration." The new legislation gave cities until
September 15, 1991, to enact the increased bail amount. Pursuant
to these laws, the State has the right to collect the $5.00 fee
regardless of whether or not each ,ity is successful collecting the
increase.
The most successful way for cities to collect an increased bail
amount is to modify parking citations to reflect the change. The
laws' original deadline of September 15 would not allow the cities
enough time to make this change, and Assemblyman Frazee proposed a
"clean -up" bill which proposed extending this change until November
30, 1991. As of the date of this report, it is staff's
understanding that the new legislation, AB 2142, has been adopted
by the legislature and is pending the Governor's signature. If the
Governor signs it or takes no action by October 13, 1991, the Bill
becomes law. Representatives from Assemblyman Frazee's office are
confident that the Bill's extension of the deadline will pass.
Based on this status, the City of Thousand Oaks adopted a revised
bail schedule for parking citations incorporating the surcharge
amount on Tuesday, September 24, !991.
Bail Increase
The County Sheriff's department has concluded a study which
compares Moorpark bail amounts to other cities in the geographical
area, as presented in Attachment "D." All cities compared in this
study, as updated in this report, will generally be asking for $30
per violation, except for handical) violations, which will be $107.
The increased bail schedule relates to the fact that the Court no
longer processes the delinquent notices and has passed this
responsibility to cities, costs of printing citations has
increased, and the cost of compensating staff to issue citations
Staff would like to point out that on Tuesday, September 24, the
City of Thousand Oaks did increase their common rate to $30.00, and
the City of Oxnard proposes to do so. The same violation in
Moorpark is currently $12.00.
Lastly, by adopting the same bail schedule as the City of Thousand
Oaks, the City would make the citation processing procedure easier
for their staff, and reduce the chance that this cost would
increase in the near futuz-e. Officers working for both
jurisdictions would be less likely to make errors in the process,
and simplify the administration rif the program.
Staff has previously mentioned the need to make other changes to
the City's parking citation format. The State has mandated that a
vehicle's VIN, or Vehicle Identification Number, appear on the face
of the ticket. The City's current citations do not have this
section available to the officers. The Sheriff's Department has
also requested that the language describing Traffic Code 10.04.210
be deleted and replaced by an empty section at the bottom of the
citation, allowing the officer to write in the nature of special
infraction of this nature, or other hazards that may arise in the
field.
Attachment "B" also acts as a comparison copy showing the citations
of Thousand Oaks on the left, (prior to the bail schedule
adjustment made September 24, 1991), and the City's current
citation. It has been recognized by the City of Thousand Oaks that
two aspects of their citations increase the likelihood that a
citation will be paid and paid on time; an attached envelope for
paying the fine, and listing the bail amount and late charge amount
on the front of the ticket. Based on the success of Thousand Oaks
in implementing this new format, staff also recommends that the
Moorpark tickets be reproduced the same way. In following the
example of Thousand Oaks, the City will be able to save money in
typesetting costs, and save time in printing the new citations, as
well as the other benefits described above.
These format changes, along with an increased bail schedule, will
make the City's citation process current with the practices of
other jurisdictions.
- - - - -fihat- -the- - City- C-oune -1— adopt - Reso-1 -ution _ - - -as- _presented- _-- in__.__ _
Attachment "A," and allow staff to reproduce new tickets using the
same concepts as the City of 'thousand Oaks, as presented in
Attachment "B."
Attachments: A Proposed Resolution Establishing Bail Amounts
for Parking Citations;
B Comparison of Thousand Oaks' Citation Form and
Bail Schedule to Moorpark's Citation and Bail
Schedule;
C Procedure for Processing Parking Citations
D Staff Comparison of Local Bail Amounts for
Parking Citations
4
ATTACHMI NT ik
RESOLUTION NO
_A _RESgr_rrrTnnr _-OF THE- -CITY COUNCIL OF
THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING
A BAIL SCHEDULE FOR VIOLATIONS OF THE
MUNICIPAL TRAFFIC CODE, WHICH APPLY TO VEHICLE PARKING
(AS SPECIFIED BY THE MUNICIPAL CODES REFERRED TO BELOW)
WHEREAS, effective November 0, 1991, the State of California
will attach a surcharge to City parking citation bail amounts of
$5.00 in order to compensate the {Mate's court system for the cost
of processing City parking citati)ns! and,
WHEREAS, the surcharge amount: will be deducted from the then
current City bail amounts for vi.olttions of the City's Traffic Code
which apply to vehicle parking as presented in Exhibit "A;" and,
WHEREAS, the State will make a deduction of the surcharge
amount regardless of whether or rot the City chooses to increase
its bail amounts for violations -:)f the City Traffic Code which
apply to vehicle parking; and,
WHEREAS, the City, since incorporation, has relied upon the
County of Ventura for the establishment and updating of bail
amounts to assist in the enforcement of violations of the City
Traffic Code which apply to vehic e parking; and,
WHEREAS, the City has never established City bail amounts
separate from the County of Ventura for the enforcement of the
Municipal Traffic Codes described in Exhibit "A" and therefore,
the bail amounts have not been ad?usted since City incorporation;
and,
NOW, THEREFORE, CITY CO1UN( 'IL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES HEREBY RESOLVE, ')ETERMINE AND ORDER AS FOLLOWS:
SECTION 1. that all infractions of the Moorpark Municipal
Traffic Codes which apply to vehicle parking, as listed in Exhibit
"A," be subject to payment of a b >.i..l amount as specified therein;
SECTION 2. that all infractions of the Moorpark Municipal
Traffic Code which apply to vehicle parking as presented in Exhibit
"A," which are not paid in full t� the City of Moorpark within 10
days of the issuance of a citation for said infraction(s), shall be
subject to a ten dollar late charq(-, in addition to the established
bail amount referred to in Sectic of " -h .is resolution.
PASSED AND ADOPTED this __ (Ja c >f +:)c *::obey, 1991.
ATTESTED: Mays r Ci..t %�r of Moorpark, California
City Clerk
EXHIBIT A
(to Resolution No.
Municipal
Code
Description Bail Amount
10.4.150
Parallel Parking over 1018 from the Curb
(also vehicle parked the wrong way)
30.00
10.04.160
Angie parking
30.00
10.04.170
Overtime parking
30.00
10.04.180
Parking or stopping in 11hindicap parking" space
105.00
10.04.190
Prohibited parking
30.00
(a)
Within an intersection
30.00
(b)
On a cross walk, (except a bus)
30.00
(c)
Within a safety zone
30.00
(d)
Within 15' from a fire station entrance or exit
30.00
(e)
Unattended vehicle within 15' of a fire hydrant
30.00
(f)
In front of a private or public driveway
30.00
(g)
On a sidewalk
30.00
(h)
Obstructing a constructi]n zone
30.00
(i)
Double parking
30.00
(j)
No parking zone, red curt,, or signs prohibiting
30.00
(k)
Traffic hazard
30.00
(1)
Across parallel parking r,tail lines
30.00
(m)
Beyond parking stall cauinq hazard
30.00
10.04.200
Prohibited or restricted. ark:ing
30.00
10.04.210
Parking on a hill over ?1 grade without turning wheels
30.00
10.04.220
72 hour limit
30.00
10.04.240
Commercial vending within 50C feet of a school
30.00
10.04.250
Parking in loading zones
30.00
10.04.270
Parking in bus loading zones
30.00
10.04.300
Commercial vehicle parkinc_< it a residential area
30.00
Other violations
of the Municipal Traffi+ C'c,de.
THOUSAND S
THOUSAND OAKS NOTICE OF IL ELGAL PARKING
DAIS T —
MAKE OF vENICLE ` -- _
-- LICENSE NUMBER _
RLGISTRATION ExPIRAnpN VLN
LOCATION OF VIOLATION
BETWEEN
PARKING R.D.
OFFICER SERIAL NO
NOTICE. THIS VEHICLE IS PAR, N VIOLATION OF
THOUSAND OARS mjN L_aAL CODE SECTION Ft A.q,M, . PAq
�anT 'r..a Inc a urm irm Z
i I mm mm N
Bad should be mailed 10 /r Presented in (d
Person within 10 days usin
the attached enevelope_ g F--A
If you wish to contest the tclEr contact the City at (805) 497$611, �
ext. 353 for Court Informatlor_ --II
Failure to post ball will result n the Department IN Motor Vehicles8 I
demanding payment Of bail pLS penalties when vehicle registration r
'enewal Is due. (Sec. 4750 6 x763 CVC)_
Bail Amounts Shown do not.reflect
action of 9/24/91
Back of this example is an envelope
Front
MOORPARK POLICE DEPARTMENT
NOTICE OF ILLEGAL PARKING
A.
DATE TIME I'm
caoR .. — LICE RSE HuueEli
LOCATION OF VIOLATION
RFTWFEN _ AND
NOTICE: THIS VEHICLE IS PARKED IN VIOLATION OF
MOORPARK MUNICIPAL CODE SECTION:
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1 YOU ARE TO PAS! N t0 DAYS AT THE
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ARPIRf QTYRSO rye E 10(
AVENUE.MODRPARK. CA
AVENUE
OR LW7',
OR APPFAV N PERSON m THE RAN
HE VENTURA COUNTY MIIYCWALI16
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RD. SEAT w AREA
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j OFFICER SERIAL NO.
I! IMPORTANT: INSTRUCTIONS ON REVERSE
DATA PROCESSING
Cil
wl
MOORPARK
Back
INSTRUCTIONS
BAIL SHOULD BE MAILED TO OR PRESENTED IN PERSON WIT F�IN
10 DAYS AT THE:
CITY OF MOORPARK
FINANCE DEPARTMENT
799 MOORPARK AVENUE
MOORPARK, CA 93021
(805) 5245864
NOTE: THE COURT WILL NOT ACCEPT BAIL PAYMENT
ALL PAYMENTS MUST BE MADE TO THE CITY pF
MOORPARK.
IF YOU WISH TOCONTEST THE TICKET, THEN YOU MU�T
CONTACT THE CLERK AT THE CITY HALL FOR A COU T
APPEARANCE DATE.
BAIL SCHEDULE
-.,VE I IYE PARKING "U,
HANDICAP PARKING VIOLATIONS $100 00
ALL OTHER PARKING VIOLATIONS S 12100
IIAl WY E WREDN LIEU OF APPEARANCE RETt/IW iN1$ TK:xET WTTH YQUR
NAW ADDRESS AND MIAM NCEM
CITY OF MOORPARK
FINANCE DEPARTMENT
799 MOORPARK AVENUE
MOORPARK, CA 93021
Ml PAYABLE N CASE PERSONAL Ci*CK MONEY ORDER OR cASHIP,NS
FA&AM N/ APPIEM OR POST BAk WILL RESULT N ACTION AGAINST
RCGT9EDOW ER.
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LJ. 10hid. r Y Y..r r !.� MdWnp PetRenmrdya rAAr, N PPN
Ddli
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ATTACHMENT C PARKING CITATION PROCESS
CITATION ISSUANCE
COPY COPY COPY COPY
FOR OFFENDER--- - - - - -- FOR CITY -- - - - - -- -FOR SHERIFF --- - - - - -- -FOR COMPUTER
CONTRACTOR
----- >----- >-- - - - - -> *CITY DISMISSAL*
I
PAYMENT Yes- -> - ->- Payment by Mai] or at City Hall—,, City to Notify
no Computer contractor
which contacts DMV
i
DELINQUENT
LATE NOTICE
REQUESTS PROTEST-- > - -> --
Court
-> -> -> Date >>>
Written
- > - > -> Declaration »>
PAYMENT yes-- >-- > - - > -- Payment by Mail or at Counter - > -> City to Notify
no Computer contractor
which contacts DMV
Notification from City to Computer Contractor to
DMV- Attach to Vehicle Registration
(no Bail Sumbmitted) - >- > -> ->-
- -- Court processes resolution
(dismisses citation,
or makes no change)
(Submits bail and completed Form)- >- > - > - > -!
(four to six week wait for resolution)
*CITY DISMISSAL * - CITY HAS AUTHORITY TO DISMISS
CITIATIONS FOR PROCEDURAL REASONS
THIS VERY RARE AND REQUIRES CITY MANAGER
AND SHERIFF APPROVAL
J
Parking:
over 18" and wrong way
angle
overtime
handicap
within intersection
blocking crosswalk
safety zone
within 15' of fire station
within 15' of a fire hydrant
blocking driveway
blocking sidewalk
construction zone
double parking
no parking zone, red curb,
signs prohibiting
traffic hazard
across parking stall lines
beyond stall causing hazard
prohibited —restriced parkit
parking on a hill
in excess of 72 hour limit
vendors near schools
loading zone
passenger loading zone
bus loading zone
comm. veh. in res. area
ATTACHMENT C
MOORPARK I THOUSAND OAKS I SIMI VALLEY I OXNARD
10.04.150
$12
$27
$30
*$25
10.04.160
$12
$27
10.04.170
$7
$27
$20
*$25
10.04.180
$102
$102
$100
$100
10.04.190(a)
$12
$12
$30
*$25
10.04.190(b)
$12
$12
$30
*$�
10.04.190(c)
$12
$12
10.04.190(d)
$12
$12
$30
10.04.190(e)
$12
$27
$30
*$�
10.04.190(f)
$12
$27
$30
*$25
10.04.190(g)
$12
$27
$30
*$25
10.04.190(h)
$12
$12
$30
*$25
10.04.190(i)
$12
$12
$30
*$25
10.04.1900)
$12
$27
$30
*$25
10.04.190(k)
$12
$12
10.04.190(1)
$12
$27
10.04.190(m)
$12
$50
10.04.200
$12
10.04.210
$12
$30
*$�
10.04. 220
2
$1�
$27
$30
*$25
10.04.240
$12
$27
10.04.250
$12
$27
10.04.260
$12
$12
10.04.270
$12
$12
10.04.300
* All Oxnard ordinate
$12
and
$27
vehicle code sections
$30
*$25
$100
are scheduled to increase from $25
to $30