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HomeMy WebLinkAboutItem 1d: Resolution 6749 Amending Parking Bail Schedule for Parking Violations as result of Senate Bill 857 & Establishing Adult Basketball League Fees 44, OF It v V y It_r k7 • a Ae¢u � 5. 1903 14 ilk ocit STAFF REPORT Police Department DATE: December 7, 2010 TO: Mayor and Members of the City Council FROM: Robert P. Sanderson, Chief of Police `f4 Sara Somogyi, Director of Recreation and Com ity Services go By: Nancy Chik, Senior Management Analyst SUBJECT: Resolution No. 6749 Amending the Parking Bail Schedule for Parking Violations as a Result of Senate Bill 857 and Establishing Adult Basketball League Fees Recommendation: Adopt SUMMARY Resolution No. 6749 sets forth updated parking bail schedule as mandated by Senate Bill 857, which will become effective on December 7, 2010, and sunsets on July 1, 2013, unless subsequent legislation or budget proposals extends or repeals the sunset date. The bill imposes an added penalty of $3.00 for each civil parking penalty collected on each violation to fund trial court operations. Resolution No. 6749 also will establish adult basketball league fees. The City of Arcadia and the Arcadia Unified School District are preparing for the opening of the Dana Gym; a brand new joint use facility. Construction on the project is expected to be completed in early 2011. One of the programs planned to be offered at the new facility is an adult basketball league. Fees for this program have yet to be established. BACKGROUND Parking Bail Schedule In 2008, Senate Bill 1407 required a $4.50 penalty to be imposed per parking citation. This bill was to provide $5 billion to the State in lease- revenue bonds to finance the construction, rehabilitation, renovation, and replacement of court facilities. Per Government Code 76100 and 76101, the City was already remitting $5.00 per parking citation to Los Angeles County for the Courthouse Construction Fund and Criminal Justice Facilities Construction Fund. With the additional $4.50 penalty, the City remitted a total of $9.50 to the State and County for every parking citation. Because of this additional increase in penalty, the City Council passed Resolution No. 6691 in 2009, which increased the parking penalty for fines for the majority of infractions from $40.00 to $50.00 in order to offset the "pass through fine amount" going to the State and County. Basketball League Fees In January 2008 the Arcadia City Council approved a Joint Use Agreement with the Arcadia Unified School District (AUSD) for the gymnasium, the Dana Gym. The City and the AUSD will mutually operate the facility. The AUSD's designated time for operation is weekdays from 7:00 a.m. until 5:00 p.m. The City's designated time for operation is weekday evenings from 5:00 p.m. to 10:00 p.m. and on weekends from 7:00 a.m. to 10:00 p.m. With the construction of the project nearing completion, programming for the facility is being planned. DISCUSSION Parking Bail Schedule The City recently received notification from the California Public Parking Association regarding Senate Bill 857, which mandates a new $3.00 surcharge for each civil parking penalty on each violation collected by local agencies to fund trial court operations. The notice also stated, "All public parking agencies should be working on increasing their fines to cover this mandatory $3.00 increase to their fines." With this new mandated $3.00 surcharge that becomes effective on December 7, 2010, and sunsets on July 1, 2013, all Arcadia parking violation penalties will need to be increased by that amount. The proposed new penalty for the parking violations are as follows: PROPOSED VIOLATIONS CURRENT NEW PENALTY PENALTY Vehicle Code 21113a— Parking on Public Grounds $50 $53 22500a— Parking Within an Intersection $50 $53 22500b —On a Crosswalk $50 $53 22500e —In Front on Public or Private Drive $50 $53 22500f —On a Sidewalk $50 $53 22500h— Double Parking $50 $53 22500i —Bus Zone $265 $268 22500.1 —Park in Fire Lane /Accessway $255 $258 22502 —Park over 18" from R /Curb (or $50 $53 Wrong Side) 22507.8— Handicapped Parking (First $350 $353 Offense) PROPOSED VIOLATIONS CURRENT NEW PENALTY PENALTY 22514 —Fire Hydrant (Within 15') $50 $53 22522 —Park Near Curb Access Ramp $280 $283 22526— Blocking Intersection $102 $105 5200 — Improper Display of License Plates $50 $53 5204a— Improper Display of Tabs $50 $53 Municipal Code Violation No Stopping or Standing in Parkway $50 $53 No Stopping or Parking $50 $53 No Stopping or Parking (Street Sweeping) $50 $53 Using Streets for Storage of Vehicle $60 $63 Repairing or Greasing Vehicle on Street $50 $53 Washing or Polishing Vehicle on Street $50 $53 Unlawful Parking - PeddlersNendors $80 $83 No Parking (Emergency Signs) $50 $53 Green Curb (24 Minutes Only) $50 $53 Overtime Parking $50 $53 Park in Space Parking $50 $53 Overnight Parking (3 a.m. to 6 a.m.) $50 $53 Overnight Parking (Vehicle Over 6,000 Ibs) $80 $83 Park in Violation of Curb Markings $50 $53 Load or Unload in Excess of 20 Minutes $50 $53 Park in Loading Zone $50 $53 Park in Passenger Loading Zone $50 $53 Park in Alley $50 $53 Parking on Private Property $50 $53 Park on Lawn /Unpaved Surface $50 $53 Parking Commercial Vehicle in Residential $100 $103 Commercial Vehicle (truck route) $100 $103 Basketball League Fees In planning the operation of the Dana Gym, staff proposed activities to the Recreation and Parks Commission and the Senior Citizen Commission. Both Commissions approved the suggested programming. Programming for the facility will include: designated activities for seniors (50 +), various contract classes, moving the volleyball and badminton program from the Arcadia High School Gymnasium, the after school recreation programs intramural and playground league games, adult basketball league, and various other programs during the summer months. The proposed fee for the adult basketball league is $475, which includes 10 league games, officials, scorekeepers, and championship awards. FISCAL IMPACT No impact, if the City Council approves amending the parking bail schedule increase since the new surcharge will go directly to the State. However, if the $3.00 increase is not approved, then the City will need to absorb the surcharge, which will amount to approximately $48,000 annually. Plans to operate the Adult Basketball League were included in the 2010/2011 budget for the Dana Gym. There would be no additional impact to the budget. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 6749 amending the parking bail schedule for parking violations as a result of Senate Bill 857 and establishing adult basketball league fees. Approved: Donald Penman, City Manager RESOLUTION NO. 6749 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE PARKING BAIL SCHEDULE FOR PARKING VIOLATIONS AS A RESULT OF SENATE BILL 857 AND ESTABLISHING ADULT BASKETBALL LEAGUE FEES WHEREAS, pursuant to the Budget Act of 2010, the California State Legislature enacted Senate Bill 857 adds Section 76000.3 to the California Government Code; and WHEREAS, Government Code Section 76000.3 levies an additional $3.00 penalty per parking citation issued by the City, which will be remitted to the County Treasurer for the Trial Court Trust Fund in order to address funding shortages of the trial court system; and WHEREAS, Senate Bill 857 will take effect on December 7, 2010 and sunsets on July 1, 2013 unless subsequent legislation or budget proposals extends or repeals the sunset date; and WHEREAS, the Recreation and Community Services Department charges certain fees for administrative and related activities based on reasonable costs incurred; and WHEREAS, based on a cost allocation study performed by the Administrative Services Department of the City of Arcadia, basketball league fees are necessary for the purpose set forth in this Resolution. Said fees do not exceed the estimated costs for providing the applicable service, and the fees bear a reasonable relationship to the cost of the applicable service or program involved. Furthermore, the fees bear a fair and reasonable relationship to the benefit the payer obtains from paying the fees, or the burden caused, and the fees are not imposed for general revenue purposes, but instead 1 for partially recovering the cost of providing applicable services. The proposed fee for the adult basketball league is $475.00 which includes ten (10) league games, officials, scorekeepers and championship awards. The proposed fee is intended to cover all or at least a part of the cost. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby authorizes an amendment setting forth increases to the Parking Bail Schedule reflecting the $3.00 parking fee increase to address funding shortages of the trial court system as a result of Senate Bill 857. SECTION 2. The City Council hereby adopts the proposed adult basketball league fees of $475.00 which includes ten (10) league games, officials, scorekeepers and championship awards. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2010. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: P eitZica Stephen P. Deitsch City Attorney 2