HomeMy WebLinkAbout05 - State Penalty Surcharge on Parking CitationsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
February 24, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Administrative Services Department
Dennis C. Danner, Administrative Services Director
(949) 644 -3123 or ddanner(a)-citv.newport- beach.ca.us
Glen Everroad, Revenue Division Manager
(949) 644 -3144 or everroadacity.newport- beach.ca.us
SUBJECT: STATE PENALTY SURCHARGE ON PARKING CITATIONS
ISSUE:
Should the City Council increase the State penalty surcharge on parking violations by
$3.00 to cover the increase imposed by Chapter 311 of the State Statutes of 2008?
RECOMMENDATION:
Staff recommends the City Council adopt the attached proposed resolution increasing
the parking penalty surcharge imposed by the State on parking violations by $3.00.
DISCUSSION:
Background:
In 1982, Penal Code Section 1206.8 imposed a penalty surcharge of $2.00 on each
parking citation processed by the courts. Since 1982, the State Legislature amended
and renumbered Penal Code Section 1206.8 to Government Code Section 76000,
which authorized. the establishment of two funds for courthouse facilities construction
(Criminal Justice Facilities Fund and Courthouse Temporary Construction Fund), and
increased the penalty surcharge to $5 in 1991. In 1993, California Vehicle Code Section
40200.4 obligated cities issuing parking citations to assume from the courts the
responsibility for processing the parking citations they issue. Although the courts no
longer have responsibility for processing parking violations, Government Code Section
76000 continues to obligate cities to collect and remit monthly to the county the penalty
surcharges. Last year, the State Legislature passed AB1407, which, in part, increased
the State Court construction penalty surcharge by $3.00; bringing the total State
imposed surcharges to $8.00.
Parking Penalty Surcharge
February 24, 2009
Page 2
Environmental Review:
Not applicable.
Public Notice:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Funding Availability:
Not applicable.
Alternatives:
To not increase the surcharge by $3.00 and thus require the City to absorb the increase
in parking citation processing surcharges imposed by Chapter 311 of the State Statutes
of 2008.
Prepared by:
len E rroad
Manager
Attachments: Resolution
Submitted by:
D nnis C. Danner
Administrative Services Director
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH REPEALING RESOLUTION NO. 91 -103
AND INCREASING THE STATE COURT CONSTRUCTION
PENALTY SURCHARGE ON PARKING CITATIONS REQUIRED
BY STATE LAW
WHEREAS, since 1982, Penal Code Section 1206.8, which was subsequently amended and
renumbered as Government Code Section 76000, has authorized counties to establish two
funds for courthouse facilities construction pursuant to Government Code Sections 76100 and
76101; and
WHEREAS, Government Code Section 76372 requires cities to remit to the County a penalty
surcharge for every parking offense where a parking penalty, fine or forfeiture is imposed to
fund courthouse facilities construction; and
WHEREAS, the State passed Chapter 311 of the Statutes of 2008 (Senate Bill No. 1407), which
became effective on January 1, 2009 and, in part, increased the penalty surcharge authorized
by Government Code Section 76372 by $3; and
WHEREAS, Vehicle Code Section 40203.5 requires that the schedule of parking penalties for
parking violations be established by the governing body of the jurisdiction where the notice of
violation is issued; and
WHEREAS, the City Council finds it necessary to increase the parking penalty surcharge an
additional $3 to cover the entire $8 penalty surcharge currently imposed by the State.
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1: That a penalty surcharge of $8.00 shall be imposed for all parking violations
processed by the City.
Section 2: This resolution shall take effect immediately upon its adoption by the City Council,
and the City Clerk shall certify the vote adopting the resolution.
ADOPTED, this 24' day of February, 2009
I"IM "
ATTEST:
City Clerk