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HomeMy WebLinkAbout101-Parking surcharge.pdf 1 SARATOGA CITY COUNCIL MEETING DATE: December 15, 2010 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Jana Rinaldi DIRECTOR: John Livingstone ________________________________________________________________________ SUBJECT: Parking Violation Penalty Surcharge RECOMMENDED ACTION: Adopt resolution approving a three-dollar increase for parking violations. REPORT SUMMARY: With the passing of Senate Bill 1407 in late 2008, Santa Clara County raised its processing fee from $5.00 to $9.50 per parking violation. Saratoga City Council subsequently approved a $10.00 increase per parking violation in July 2009 to pass the fee onto citizens. On October 8, 2010, the State of California’s budget agreement was signed into effect, which included budget trailer Senate Bill 857. This bill added a number of fees; one being a $3 surcharge for each parking penalty, fine, or forfeiture, to become effective December 7, 2010. This new surcharge fee is to be collected by the cities and forwarded to the State of California. Cities and/or counties will not receive any portion of this increase. The surcharge is projected to generate $10.5 million in additional revenue, and will help fund trial court operations with the construction and maintenance of court buildings throughout the state. The parking fine increase is set to expire on July 1, 2013 unless otherwise extended. Staff became aware of this new fee after receiving a notice from the County on December 7th, and is therefore requesting Council approve the pass-through increase in parking violation penalties without delay to provide immediate relief from the additional surcharge. As this new fee is a State surcharge, not a user fee, the increase can be implemented as soon as notice is provided to the Superior Court, the Santa Clara County Sheriff’s Department, and the City’s ticket processor, DataTicket. Staff requests the surcharge correspond with the State fee. If the surcharge expires on July 1, 2013, the City would eliminate the surcharge. If the surcharge is extended, the City would automatically extend the increase. A resolution authorizing the increase and an updated Parking Fine Schedule with the proposed $3 increase is attached to this report. 2 FISCAL IMPACTS: An increase of $3.00 per parking violation will cover the increase from the State Senate Bill 857. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: If the City does not increase the parking bail schedule to cover the Santa Clara County fee, the City will lose $3.00 for every paid citation. FOLLOW UP ACTION(S): Contact Sheriff, Superior Court and DataTicket to enact the increase. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: 1. Resolution 2. Proposed Saratoga City Code Parking Violation Fine Schedule - 1 - RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO INCREASE THE AMOUNT OF FINE REQUIRED FOR A PARKING VIOLATION WHEREAS, the Saratoga Parking Violation Fine Schedule has not increased since 2009; and WHEREAS, the increase will cover the new State of California surcharge; and WHEREAS, an increase in parking violation penalty amounts will allow the City of Saratoga to recover enforcement funds, thereby lowering parking enforcement’s reliance on general city funds NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Saratoga City Council approves an increase in the fine amount of the Saratoga Parking Violation Fine Schedule by three dollars per violation. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 15 day of December, 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Howard Miller, Mayor ATTEST: ____________________________ Ann Sullivan, City Clerk