The URL can be used to link to this page

Home My WebLink About03 - State Penalty $3.00 Surcharge on Parking CitationsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 December 14, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Administrative Services Department Tracy McCraner, Administrative Services Director (949) 644 -3123 or tmccraneranewportbeachca.gov Evelyn Tseng, Revenue Manager (949) 644 -3153 or etseng(a)newportbeachca.gov SUBJECT: RESOLUTION 2010 --:STATE PENALTY $3.00 SURCHARGE ON PARKING CITATIONS RECOMMENDATION: Adopt Resolution 2010 -_ (Exhibit "A ") increasing the penalty on parking violations by $3.00 pursuant to SB 857. DISCUSSION: On October 19, 2010, Governor Schwarzenegger signed SS 857, which added §76000.3 to the Government Code (Exhibit "B "). Government Code §76000.3 requires the City to add a penalty of $3.00 to each parking penalty, fine or forfeiture, and the money is to be deposited on a monthly basis with the State Treasurer for the Trial Court Trust Fund established by Government Code §68085. According to Government Code §76000.3(d), the new $3.00 fee must be in place "60 days after the enactment of the Budget Act of 2010," December 7, 2010. Pursuant to Government Code §76000.3(e), this $3.00 increase has a sunset clause and will be of no further effect as of July 1, 2013, unless extended by the Legislature. The purpose of the surcharge is to provide about $10.5 million statewide to fund the Trial Court Trust Fund. The fees will be used for the operational expenses of trial court operations including: services and supplies, salaries, benefits, and public agency retirement contributions for superior and municipal court judges and for subordinate judicial officers. In FY 2009 -10, the City collected $616,464.50 in State surcharges for 64,891 citations. If there is the same number of citations this year, the City would collect $194,673.00 for the Trial Court Trust Fund. This $3.00 increase will bring the total State surcharge on City parking citations to $12.50. The breakdown of the State charges is as follows: County /State Courthouse Construction Fund County /State Criminal Justice Facilities Construction Fund State Court Facilities Construction Fund (SB 1407) State Critical Needs Facilities Construction Fund (SB 1407) Environmental Review: State Penalty Surcharge on Parking Citations December 14, 2010 Page 2 $2.50 (GC §76100, §76000(b)) $2.50 (GC §76101, §76000 (b)) $1.50 (GC §70372(b)) $3.00 (GC §70372(b)) This action is not subject to the California Environmental Quality Act ( "CEQA') pursuant to §15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and §15060(c)(3) (the activity is not a project as defined in §15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 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). Prepared by: Submitted by: Evely _ sen Tracy McCra r Revenue Manager Administrative, ervices Director Attachments: Exhibit "A" - Proposed Resolution Exhibit "B" - California Government Code §76000.3 EXHIBIT "A" RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA INCREASING THE STATE PENALTY SURCHARGE ON PARKING CITATIONS AS REQUIRED BY STATE LAW WHEREAS, California Senate Bill 857 was signed and made into law by Governor Schwarzenegger on October 19, 2010; and WHEREAS, Senate Bill 857 added Section 76000.3 to the California Government Code requiring cities to add a penalty of $3.00 to each parking penalty, fine, or forfeiture; and WHEREAS, the City of Newport Beach is required to deposit the funds attributable to the $3.00 surcharge on a monthly basis with the State Treasurer for the Trial Court Trust Fund established by Government Code Section 68085; and WHEREAS, California Vehicle Code Section 40203.5(a) 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. NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, as follows: 1. That an additional State surcharge of $3.00 shall be imposed for all parking violations processed by the City of Newport Beach. 2. That funds received from the $3.00 surcharge shall be deposited with the State Treasurer for the benefit of the Trial Court Trust Fund established by California Government Code Section 68085. 3. Pursuant to California Government Code Section 76000.3(e), this resolution and the associated $3.00 surcharge shall automatically expire and be of no further effect on July 1, 2013, unless the surcharge is extended by the California Legislature. 4. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. Ill Adopted this 14"' day of December, 2010. Mayor ATTEST: City Clerk EXHIBIT "B" Government Code 76000.3. (a) Notwithstanding any other provision of law, for each parking offense where a parking penalty, fine, or forfeiture is imposed, an added penalty of three dollars ($3) shall be imposed in addition to the penalty, fine, or forfeiture set by the city, district, or other issuing agency. (b) For each infraction parking violation for which a penalty or fine is collected in the courts of the county, the county treasurer shall transmit the penalty imposed pursuant to subdivision (a) to the Treasurer for deposit in the Trial Court Trust Fund established by Section 68085. These moneys shall be taken from the penalties, fines, and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1463.009 of the Penal Code. The judges of the county shall increase the bail schedule amounts as appropriate for infraction parking violations to reflect the added penalty provided for by subdivision (a). (c) In those cities, districts, or other issuing agencies which elect to accept parking penalties, and otherwise process parking violations pursuant to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code, that city, district, or issuing agency shall collect the added penalty imposed by this section. Each agency that elects to process parking violations shall pay to the Treasurer for deposit in the Trial Court Trust Fund three dollars ($3) for each civil parking penalty collected on each violation. Those payments to the Treasurer shall be made monthly. (d) This section shall become operative 60 days after the enactment of the Budget Act of 2010. (e) This section shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.