HomeMy WebLinkAboutMINUTES - 07122011 - C.101RECOMMENDATION(S):
RESCIND Resolution No. 2011/184 and ADOPT Resolution No. 2011/249 to increase civil
penalties for standing and parking violations effective July 1, 2011, pursuant to County
Ordinance Chapter 14-10 “Civil Penalties” and as provided by California Vehicle Code
section 40203.5.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/12/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: JULIE ENEA (925)
335-1077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: July 12, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Sheriff Administration, CAO
C.101
To:Board of Supervisors
From:David Twa, County Administrator
Date:July 12, 2011
Contra
Costa
County
Subject:INCREASE CIVIL PENALTIES FOR PARKING VIOLATION CITATIONS ISSUED BY THE
SHERIFF'S DEPARTMENT
FISCAL IMPACT:
Government Code section 70372(b) established a state court construction penalty of
$4.50 to be included in the parking penalty. The County as an issuing agency is required
to pay to the county treasurer for transfer to the State Controller $4.50 for each parking
violation conviction. Additionally, Government Code section 76000.3 imposes a $3
penalty on every fine imposed for parking infractions committed on or after January 1,
2011. Therefore, if parking civil penalties are not increased, the County will see a $7.50
loss in parking revenue for every parking violation conviction. Parking enforcement costs
have increased significantly over the past decade. Increasing civil penalties will provide
the Sheriff’s Department with additional resources to fund enforcement.
The Board adopted Resolution No. 2011/184 on May 10, 2011, but the fee schedule
adopted in that action contained errors. Resolution No. 2011/249 corrects any errors and
should supersede and replace Resolution No. 2011/184.
BACKGROUND:
Vehicle Code section 40203.5 provides that the schedule of parking penalties for parking
violations shall be established by the governing body of the jurisdiction where the notice
of violation is issued. It further states that to the extent possible, issuing agencies within
the same county should standardize parking penalties. County Ordinance Chapter 14-10
“Civil Penalties”, provides that the Board of Supervisors shall establish and modify from
time to time, by resolution, schedules of parking penalties for parking violations. It has
been over ten years since an increase in parking penalties has been made. Since that time
the state has added two additional assessments for each parking violation conviction
totaling $7.50. The civil penalties proposed reflect the need to cover the additional state
assessments as well as to insure that the county parking penalties are in line with civil
parking penalties of other jurisdictions within the county. To insure that the County is
not negatively impacted by the imposition of the additional penalties, the Board must
increase the civil penalties for parking violations. Additionally, Vehicle Code section
40203.5 states “to the extent possible, issuing agencies within the same jurisdiction shall
standardize parking penalties”. The proposed civil penalties are competitive with other
local agencies' penalty amounts.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to increase parking violation civil penalties will result in a decline in county revenue.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Resolution No. 2011/249
Attachment A to Resolution 2011/249-Parking Fines
CA Vehicle Code 40203.5 - Parking
Co Ordinance 93-82 - Civil Parking Penalities
CA Uniform Bail and Penalty Schedules
Resolution 2011/184 - RESCIND
CALIFORNIA VEHICLE CODE
40203.5. (a) The schedule of parking penalties for parking
violations and late payment penalties shall be established by the
governing body of the jurisdiction where the notice of violation is
issued. To the extent possible, issuing agencies within the same
county shall standardize parking penalties.
(b) Parking penalties under this article shall be collected as
civil penalties.
(c) (1) Notwithstanding subdivision (a) the penalty for a
violation of Section 22507.8 or an ordinance or resolution adopted
pursuant to Section 22511.57 shall be not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000).
(2) The issuing agency may suspend the imposition of the penalty
in paragraph (1), if the violator, at the time of the offense,
possesses but failed to display a valid special identification
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59.
(3) A penalty imposed pursuant to this subdivision may be paid in
installments if the issuing agency determines that the violator is
unable to pay the entire amount in one payment.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 05/10/2011 by the following vote:
AYES:
John Gioia
Gayle B. Uilkema
Mary N. Piepho
Karen Mitchoff
Federal D. Glover
NOES:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2011/184
IN THE MATTER OF INCREASING CIVIL PENALTIES FOR STANDING AND PARKING VIOLATIONS AS PROVIDED
BY COUNTY ORDINANCE CODE CHAPTER 14-10 AND PURSUANT TO CALIFORNIA VEHICLE CODE SECTION
40203.5.
WHEREAS, pursuant to California Vehicle Code section 40203.5, the schedule of parking penalties for parking violations and
late payment penalties shall be established by the governing body of the jurisdiction where the notice of violation is issued; and
WHEREAS, California Vehicle Code section 40203.5 states that, to the extent possible, issuing agencies within the same county
shall standardize parking penalties; and
WHEREAS, the Board of Supervisors is the governing body for the County Sheriff’s Department that is the issuing agency for
parking violations issued within the unincorporated areas of the county; and
WHEREAS, County Ordinance Chapter 14-10 establishes the County’s authority to establish and modify, by resolution, parking
penalties for parking violations;
NOW, THEREFORE, BE IT RESOLVED THAT, effective June 1, 2011, the County Civil Parking Penalties are amended as set
forth in Attachment A to this Resolution.
Contact: JULIE ENEA (925) 335-1077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: May 10, 2011
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: CAO, Sheriff-Coroner, Undersheriff, Sheriff Admin
5
RESCIND