HomeMy WebLinkAboutAGENDA REPORT 2010 1201 CC REG ITEM 09DMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Ron Ahlers, Finance Director 94—
ITEM 9.D.
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City Council Meeting
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DATE: November 17, 2010 (CC Meeting of 12 -01 -2010)
SUBJECT: Consider Resolution Rescinding Resolution No. 2010 -2923 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 June 2010 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 $55, with the exception
of unlawful parking in spaces designated for disabled persons, which has been $320.
The new proposed schedule sets the fines at $58, and $323 for disabled persons
parking violations, with a proposed effective date of January 1, 2011.
DISCUSSION
In 1984, the City of Moorpark adopted its own municipal code sections addressing
parking violations, pursuant to California Vehicle Code Sections 22507. Use of the
Municipal Code sections allows 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 June 2010, Resolution No.
2010 -2923. The parking fines were standardized at $55, with the exception of disabled
persons parking, which was set at $320. Prior to June 2010, the bail schedule was $40,
with the disabled fee set at $280. The fee was increased in recognition of the fact that
the City had not been remitting the required State and County surcharges to the Court
system. By raising the bail schedule the City would not see a decrease in net revenues
generated by the parking citations.
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Honorable City Council
December 1, 2010
Page 2
In order to address the funding shortages of the court system, the State of California is
increasing various court fees, including filing fees and penalty assessments, effective
December 8, 2010. SB 857, which is of most significance to cities, levies an additional
$3.00 fee on all parking citations to be transmitted to the Trial Court Trust Fund. This
fee is in addition to the $9.50 currently in statute to fund court operations and
construction. The parking surcharge goes into effect 60 days after the budget has been
signed (December 8, 2010) and sunsets on July 1, 2013. Cities are required to transmit
the additional $3.00 to the county treasurer on a monthly basis for every citation
collected.
The attached resolution raises the parking citation fee to $58, except for the disabled
person's citation, which is set at $323. This is an increase of $3.00 per citation.
This brings the total County and State fees to $12.50 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
CODE SECTIONS
County /State
$35
$280
Courthouse Construction Fund
$2.50
GC 76100, GC 76000(b)
County /State
$45 -$100
$350
Criminal Justice Facilities Construction Fund
$2.50
GC 76101, GC 76000(b)
State
$45
$380
Court Facilities Construction Fund SB 1407
$1.50
GC 70372(b)
State
Critical Needs Facilities Construction Fund
SB 1407
$3.00
GC 70372(b)
State
Trial Court Trust Fund SB 857
$3.00
SB 857
Total
$12.50
The parking fine amounts for several surrounding cities in Ventura County are
compared below:
.I
Parking
Disabled
Camarillo
$35
$280
Fillmore
$35
$250
Oxnard*
$45 -$100
$350
Simi Valle *"
$40 -$80
$320
Thousand Oaks * ** 1
$45
$380
entura* 1
$40 -$72
$358
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Honorable City Council
December 1, 2010
Page 3
* 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.
FISCAL IMPACT
The City of Moorpark would charge an additional $3.00 per parking citation, remitting
this same $3.00 to the County of Ventura for the Trial Court Trust Fund. The City would
not keep any of this additional revenue. Assuming the City would issue approximately
3,500 parking citations; this $3.00 would generate $10,500 in revenue for the State of
California, specifically for their Trial Court Trust Fund.
STAFF RECOMMENDATION (Roll Call Vote)
Adopt Resolution No. 2010- , rescinding the bail schedule established by the City
Council Resolution No. 2010 -2923 regarding the Municipal Traffic Code relative to
vehicle parking and establishing a new bail schedule as reflected in Exhibit "A."
Attachments: Resolution
181
RESOLUTION No. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, RESCINDING RESOLUTION NO.
2010 -2923 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
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Resolution No. 2010 -2923 is hereby rescinded effective January 1,
2011.
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 January 1, 2011.
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 15t day of December, 2010.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit A — New Bail Schedule
:.
Resolution No. 2010 -
Page 2
Municipal
Code Section
10.04.150
10.04.160
10.04.170
10.04.180
10.04.190
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
U)
(k)
(m)
(n)
(o)
(p)
10.04.200
10.04.205
10.04.210
10.04.220
10.04.225
10.04.227
EXHIBIT "A"
Bail
Description Amount
Parallel parking over 18" from the Curb
$58.00
Angle parking only zone
$58.00
Time limit parking zones
$58.00
Block, park, or stop in a "Disabled Person" space
$323.00
Prohibited parking:
Within an intersection
$58.00
On a crosswalk (Except for a bus)
$58.00
Within a safety zone
$58.00
Within 15' from a fire station entrance or exit
$58.00
Unattended vehicle within 15' of a fire hydrant
$58.00
In front of a private or public driveway
$58.00
On a sidewalk
$58.00
Obstructing a construction zone
$58.00
Double parking
$58.00
No parking zone, red curb, or signs prohibiting
$58.00
Traffic hazard
$58.00
Across parallel parking stall lines
$58.00
Beyond parking stall causing hazard
$58.00
In a bus loading zone
$58.00
On a bridge
$58.00
Block sidewalk curb cutout for a wheelchair access
$58.00
Prohibited or restricted parking
$58.00
Oversized vehicle in prohibited location
$58.00
Parking on a hill over 3% grade without turning wheels
$58.00
72 hour parking limit
$58.00
Overnight parking in a commercial zone
$58.00
Living in a vehicle
$58.00
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Resolution No. 2010 -
Page 3
10.04.240 (a)
Commercial vending near schools
$58.00
(c)
Commercial vendor with noise making device near school
$58.00
10.04.250
Parking or stopping in a loading zone
$58.00
10.04.260
Parking or stopping in a passenger loading zone
$58.00
10.04.300
Commercial vehicle parking in residential area
$58.00
184