HomeMy WebLinkAboutStaff Report 1291City of Palo Alto (ID # 1291)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 3/7/2011
March 07, 2011 Page 1 of 3
(ID # 1291)
Title: Amend Admin Penalty re Parking Cite Fee
Subject: Adoption of a Resolution Amending the Administrative Penalty
Schedule to Update Parking Violation Penalties to Implement a State Mandated
Surcharge Identified in Senate Bill 857
From:City Manager
Lead Department: Police
Recommendation
Staff recommends Council adopt the attached resolution amending the Administrative
Penalty Schedule for certain violations of the Palo Alto Municipal Code and California
Vehicle Code to add $3 to each violation to account for the new surcharge required by
Senate Bill 857.
Background
In 2002, the Trial Court Facilities Act established the State Court Facilities Construction
Fund. Over the years since, the State has continued to add a number of additional
penalty surcharges to each parking violation. The current State assessment is as
follows:
County Courthouse Construction Fund 76100 CGC $2.50
County Criminal Justice Facilities Construction 76101 CGC $2.50
Fund
Immediate and Critical Needs Account of State 70372 CGC $3.00
Court Facilities Construction Fund
State Court Facilities Construction Fund 70372 CGC $1.50
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Pre-SB 857 Total $9.50
Prior to the passage of Senate Bill 857, $9.50 of each parking citation was transmitted
to the County Treasurer, who in turn transmitted the State portion to the California
Treasurer.
March 07, 2011 Page 2 of 3
(ID # 1291)
In order to address the continued funding shortages of the court system, last year the
State increased various court fees, including filing fees and penalty assessments.
Senate Bill 857 (Budget and Fiscal Review Committee, Stats. 2010, ch. 720), the
judiciary budget trailer bill, enacted Government Code 76000.3, which imposes an
added penalty of $3 per parking violation. Supplemental fees collected pursuant to
these provisions will be deposited to the Trial Court Trust Fund.
The additional $3 penalty will be distributed as follows:
State Trial Court Construction Fund 76000.3 CGC $3.00
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Total-all state assessments $12.50
Section 76000.3 provided the surcharge be effective 60 days after the enactment of the
2010 Budget Act. The Budget Act was signed on October 8, 2010, and the parking
penalty surcharge was imposed on December 7, 2010. Therefore, currently $12.50 of
each parking penalty is transmitted to the County Treasurer, who in turn transmits the
State portion to the State Treasurer.
Discussion
Parking penalties are approved as part of the City’s Administrative Penalty Schedule
(Resolution No. 9015).In past years the City of Palo Alto has increased parking fines in
line with the additional penalties imposed by the State on parking violations, and the
amounts set forth in the Penalty Schedule currently include the $9.50 state surcharge.
Staff recommends amending that schedule to add $3.00 to all parking violations of the
Palo Alto Municipal Code, including section 10.28.110(a) enacted for violations in the
College Terrace Residential Parking Permit area, and California Vehicle Code to account
for the new mandatory surcharge imposed by the Senate Bill 857 and allow the City to
remain revenue neutral in the area of parking citations.
At this time, SB 857 will sunset on July 1, 2013 unless extended.
Resource Impact
SB 857 adds a $3 parking penalty surcharge for each offense where a parking penalty is
imposed. This charge is not accounted for in the City’s Administrative Penalty Schedule
because it was approved by the Legislature after the City adoped the most recent
update to the Penalty Schedule. It affects all citations issued by the City after
December 7, 2010. The City of Palo Alto issues approximately 50,000 parking citations
per year. Failure to approve the resolution will result in a potential general fund loss of
revenue in the amount of approximately $150,000 if the new surcharge is not added to
the existing penalty schedule.
March 07, 2011 Page 3 of 3
(ID # 1291)
Policy Implications
This procedure is consistent with existing City policies.
Attachments:
·RESO SB 857 Parking Increase (DOC)
Prepared By:Barbara Teixeira, Administrative Assistant
Department Head:Dennis Burns, Police Chief
City Manager Approval: James Keene, City Manager
* NOT YET APPROVED *
110301 sh 8261535
1
Resolution No. _____
Resolution of the Council of the City of Palo Alto Amending
the Administrative Penalty Schedule to Update Parking
Violation Penalties to Implement a State Mandated Surcharge
Identified in Senate Bill 857
WHEREAS, California Vehicle Code Section 40200 et seq.authorizes cities to
impose and collect civil fines and penalties for violations of any regulation pertaining to the
standing or parking of a vehicle; and
WHEREAS,civil parking penalties in the City of Palo Alto (“City”) are adopted as
part of the Administrative Penalty Schedule (last updated in Resolution No. 9105); and
WHEREAS,Senate Bill 857 (2010) added section 76000.3 to the California
Government Code, requiring cities to remit an additional three dollars ($3.00) per parking
penalty, fine, or forfeiture as a surcharge for civil parking citations; and
WHEREAS, the City desires to update the parking penalties in the Administrative
Penalty Schedule to add $3.00 per parking violation in order to offset the SB 857 surcharge.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as
follows:
SECTION 1.Resolution 9105 is hereby amended to add an additional three
dollars ($3.00) per penalty for Palo Alto Municipal Code section 10.28.110 and each parking
offense listed in Sections 2 (Municipal Code Civil Penalties) and 3 (Vehicle Code Civil
Penalties)of said resolution.
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* NOT YET APPROVED *
110301 sh 8261535 2
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SECTION 2. The Council finds that adoption of this resolution is not a project
under the California Environmental Quality Act and, therefore, no environmental impact
assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
________________________________________________________
City Clerk Mayor
APPROVED AS TO FORM:APPROVED:
________________________________________________________
Sr. Deputy City Attorney City Manager
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Police Chief
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Director of Administrative Services