HomeMy WebLinkAboutAGENDA REPORT 2010 0616 CC REG ITEM 09E ITEM 9.E.
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City Council Meeting
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ACTION: Lo.
MOORPARK CITY COUNCIL-A-01 : 1
AGENDA REPORT
TO: Honorable City Council
FROM: Ron Nelson, Captain
DATE: June 2, 2010 (CC Meeting of 6/16/10)
SUBJECT: Consider Resolution Rescinding Resolution 98-1492 and
Establishing a New Bail Schedule for Violations of the Moorpark
Municipal Traffic Code, Which Apply to Vehicle Parking Violations
SUMMARY
For consideration is a resolution rescinding the bail schedule established by the City
Council in July 1998 regarding the Municipal Traffic Code relative to vehicle parking,
and establishing a new bail schedule. All penalties for violations of the City of
Moorpark's (City) code related to parking violations have been $40, with the exception
of unlawful parking in spaces designated for disabled persons, which has been $280.
The new proposed schedule sets the fines at $55, and $320 for disabled persons
parking violations, with a proposed effective date of July 1, 2010.
DISCUSSION
In 1984, the City of Moorpark adopted its own municipal code sections addressing
parking violations, pursuant to Vehicle Code Sections 22507. Use of the Municipal
Code sections allow Moorpark Police and other City employees authorized to enforce
the Municipal Code to cite parking violators using the Moorpark Municipal Traffic Code
rather than the California Vehicle Code. Because the Municipal Code is cited, the City
has retained the majority of fines collected for parking violations.
The last update to the City's bail schedule was made in 1998, Resolution 98-1492.
Since that time, the fines for all parking violations, with the exception of violations
related to unlawful parking in disabled persons parking stalls, have been set at $40.
The fine related to the blocking of, or unlawful parking in, spaces designated for
disabled persons has been $280, which was set in 1993.
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Honorable City Council
June 16, 2010
Page 2
Pursuant to Government Code Sections 76000(b), 76100 and 76101 adopted in 1991,
the City was to impose a $5.00 surcharge per parking citation to the County/State. This
was not implemented and the City is obligated to remit such fees for a three-year period
(FY 2009/10, FY 2008/09, and FY 2007/08) pursuant to applicable law. This is
estimated to be about $45,000. This required payment and another payment pursuant
to California Senate Bill SB 1407 (SB1407) referenced below will be presented for City
Council consideration in a separate report at a future City Council meeting.
Effective July 1, 2009, SB1407 requires local municipalities that collect parking citation
fines to remit an additional $4.50 to the County/State for fines collected from every
parking citation. This brings the total County and State fees to $9.50 for every parking
citation fine collected by the City. Below is a breakdown of the fees that are required to
be paid to the County and State, along with the related Government Code Sections that
require the fees to be paid:
DESCRIPTION _ AMOUNT _C_O_ DE SECTIONS
County/State
Courthouse Construction Fund _$_2.50 GC 76100, GC 76000(b
County/State
Criminal Justice Facilities Construction Fund _ _ $2.50 GC 76101, G_ C 76000(b)
State
Court Facilities C_ onstruction Fund SB 1407 $1.50 GC 70372(b)
State
Critical Needs Facilities Construction Fund SB 1407 $3.00 GC 70372(b)
Total $9.50
The parking fine amounts for several surrounding cities in Ventura County are
compared below:
_ Parking Handicapped
Camarillo $35 $280
Fillmore _ $35 $250
Oxnard" $45-$100 $350
Simi Valley— $40-$80 $320
Thousand Oaks** $45 $380
Ventura' $40-$72 $358
* Oxnard, Ventura — Fines reflect a different amount based on the specific
violation cited.
** Simi Valley — Fines were revised in June 2009 and reflect a different fine
amount based on the specific violation cited.
*** Thousand Oaks — Fines were revised in July 2009.
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Honorable City Council
June 16, 2010
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In an effort to keep up with current fine amounts being levied by surrounding cities, and
in order to comply with the $9.50 State and County surcharge requirements on parking
citation fines, it is recommended that parking fines be increased from $40 to $55, and
that the parking violations related to disabled persons parking stalls be increased from
$280 to $320. See revised bail schedule as indicated in Exhibit "A" of the Draft
Resolution.
FISCAL IMPACT
The City of Moorpark collected fines associated with 3,513 parking citations during
calendar year 2009. Assuming 2010 sees a similar amount of fines collected, the City
will owe about $16,000 to the County/State for all parking fines collected in 2010
pursuant to SB1407. If the parking citation bail schedule were updated as reflected in
Exhibit "A," most of the increased fine amounts generated would be used to cover the
required County/State fees. The City would see an increase of $5.00 per parking
citation, for a total estimated increase in revenue of about $17,565.
STAFF RECOMMENDATION
Adopt Resolution No. 2010- , rescinding the bail schedule established by the City
Council Resolution #98-1492 regarding the Municipal Traffic Code relative to vehicle
parking, and establishing a new bail schedule as reflected in Exhibit "A."
Attachments: Draft Resolution
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RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, RESCINDING RESOLUTION NO.
98-1492 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 increase bail amounts for parking
violations in the City of Moorpark to be more reflective of bail amounts applied in the
cities surrounding Moorpark; and
WHEREAS, establishing increased bail amounts for parking violations in the City
of Moorpark will assist the City in paying required fees for each citation to the
County/State.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
RESOLVE AS FOLLOWS:
SECTION 1. Resolution No. 98-1492 is hereby rescinded effective July 1 , 2010.
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 late charge, in addition to the established bail amount referred to in
Exhibit "A."
SECTION 4. This resolution shall be effective and operative July 1 , 2010.
SECTION 5. 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 16th day of June, 2010.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment: Exhibit "A" 62
Resolution No. 2010-
Page 2
EXHIBIT "A"
Municipal Bail
Code Section Description Amount
10.04.150 Parallel parking over 18" from the Curb $55.00
10.04.160 Angle parking only zone $55.00
10.04.170 Time limit parking zones $55.00
10.04.180 Block, park, or stop in a "Disabled Person" space $320.00
10.04.190 Prohibited parking:
(a) Within an intersection $55.00
(b) On a crosswalk (Except for a bus) $55.00
(c) Within a safety zone $55.00
(d) Within 15' from a fire station entrance or exit $55.00
(e) Unattended vehicle within 15' of a fire hydrant $55.00
(f) In front of a private or public driveway $55.00
(g) On a sidewalk $55.00
(h) Obstructing a construction zone $55.00
(i) Double parking $55.00
0) No parking zone, red curb, or signs prohibiting $55.00
(k) Traffic hazard $55.00
(1) Across parallel parking stall lines $55.00
(m) Beyond parking stall causing hazard $55.00
(n) In a bus loading zone $55.00
(o) On a bridge $55.00
(p) Block sidewalk curb cutout for a wheelchair access $55.00
10.04.200 Prohibited or restricted parking $55.00
10.04.205 Oversized vehicle in prohibited location $55.00
10.04.210 Parking on a hill over 3% grade without turning wheels $55.00
10.04.220 72 hour parking limit $55.00
10.04.225 Overnight parking in a commercial zone $55.00
10.04.227 Living in a vehicle $55.00
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Resolution No. 2010-
Page 3
Exhibit "A", Page 2
10.04.240 (a) Commercial vending near schools $55.00
(c) Commercial vendor with noise making device near school $55.00
10.04.250 Parking or stopping in a loading zone $55.00
10.04.260 Parking or stopping in a passenger loading zone $55.00
10.04.300 Commercial vehicle parking in residential area $55.00
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