Parking Citation Fines Revenue Stabilization and Fees Increase

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1 Office of the City Manager ACTION CALENDAR March 24, 2009 To: From: Honorable Mayor and Members of the City Council Phil Kamlarz, City Manager Submitted by: Tracy Vesely, Budget Manager Subject: Parking Citation s Revenue Stabilization and Fees Increase RECOMMENDATION Adopt a Resolution: 1. Establishing a new schedule of fines for parking violations and late payment penalties, generally increasing fines by $5.00 per citation; and 2. Rescinding Resolution 62,127-N.S. and all amendments thereto, effective May 1, The proposed schedule and revised fines are prompted by the current amount mandated by State legislation for cities to remit a State Court Construction Penalty of $4.50 for every parking offense with a penalty or fine. The proposed new schedule also reflects a comprehensive review and update of the parking violations and fines schedule that includes football day fines and reconfirms the current boundaries for football day fines. FISCAL IMPACTS OF RECOMMENDATION The table below depicts the result of raising fines by $5.00 per citation based on 300,000 citations issued per year. Increase s per Citation $5.00 Revenue Generated $1.50M Revenue Remitted to State -$1.35M Net New Revenue $0.15M The Department of Motor Vehicles 1 only processes payments in whole dollar amounts; therefore, staff recommends a $5.00 per citation fine increase. This additional fifty cents per citation over the $4.50 that must now be remitted to the State will be allocated toward 1 DMV can only process payments of whole-dollar amounts, which affects those who might pay a parking citation at a DMV office at any point in the process. The citation processing software used by DMV will round down any amounts not in whole dollars. In 2008 there were 10,019 City of Berkeley citation payments made at DMV (for both in-process & final payment options) Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) Website:

2 Parking Citation s Revenue Stabilization and Fees Increase UACTION CALENDAR March 24, 2009 increased program costs (staffing and citation processing costs), and help offset other General Fund revenue losses including the current year s loss of citation revenue. CURRENT SITUATION AND ITS EFFECTS Last summer, in action that was not immediately apparent to California cities, the State Legislature enacted SB 1407, effective January 1, This legislation created the Immediate and Critical Needs Account (ISNA) of the State Court Facilities Construction Fund, increased a range of uniform fees for filing documents in civil proceedings, including violations of the Vehicle Code, and authorized the Judicial Council to conduct audits of the collection of fees. Among the fees is an increase in the amount of money cities are required to remit as the State Court Construction Penalty for every parking offense with a penalty or fine. 2 As previously reported to Council, this increases the current mandated remittance to the State from $1.50 to $4.50. However, Berkeley and other cities were not aware of nor were remitting the existing $1.50 (effective January 2003). With the additional $3.00 per citation, this diversion from the City to the State results in lost revenue to Berkeley of about $1.35 million annually, and about $675,000 this fiscal year. Football Day s The recommended action updates the entire schedule of violations and fines, and establishes a standard mechanism for consistent rate differentials for violations on football days (designated by FD those Saturdays with UC-Berkeley home games between 9:30 am and 11:00 pm). The existing schedule of parking citation fines and penalties reflects the cumulative affect of changes made over many years during which fines were increased by varying degrees, both by specific amounts and by a percentage. In addition, there have been two separate schedules maintained: the general Parking Schedule and a separate schedule for Football Game Day s. Because of the variations in increases over the years, as well as new Football Day restrictions introduced in 2008 for specific RPP zones, the violations listed for Football Days are currently higher by inconsistent amounts or proportions than general fines for the same violations. The proposed new fine schedule corrects this. Currently, the area subject to higher fines on football days is: North to (not including) Cedar Street, south and east to the Berkeley-Oakland city limits, and west to Oxford and Fulton Streets (Attachment 1). There are also specific streets in the City posted in advance of each year s football season with Tow Away No Parking Football Day signs, including the list of specific dates when the no parking towing applies. Several temporary rolling message boards are placed at gateways into Berkeley on football days to complement the seasonally posted signs. Staff is not proposing changes to the football day boundaries or sign locations. 2 Equipment violations (correctible/fix-it tickets) established by the California Vehicle Code (CVC) are not subject to the Court Construction Penalty, and since these fines are set by the Uniform Bail and Penalty Schedule, cannot be increased by Council action. Page 2

3 Parking Citation s Revenue Stabilization and Fees Increase UACTION CALENDAR March 24, 2009 The attached schedule (Resolution Exhibit A) integrates parking violations and fines for football day citations. These violations start with FD. Most FD fines are calculated as 50% higher than on non-football days. s for permit-related violations in RPP Zones A, B and D are calculated as 100% higher (or double-fines ) than on non-football days. 3 Comparable Cities Berkeley isn t the only jurisdiction considering increased fines for parking violations, as the new legislation affects all parking offenses in the State subject to a penalty or fine. The table below reflects data from a preliminary survey conducted by the Berkeley Police Department. This compares some current, and at least one other proposed level of parking citation fines in Bay Area cities. The Berkeley figures include the recommended $5 amount on these fines. The below table reflects comparisons of fines in area cities for common parking violations. City Meter Violations DMT * Violations RPP ** Street Sweeping Commercial Loading Passenger Loading 1-2 hr Zones Oakland (other increases TBD) $45 $30 $53 $50 $50 $50 Berkeley (w/proposed $5) $35 $35 $41 $41 $49 $49 $35 San Leandro (no increase) $26 $40 $40 $40 $31 $26 Hayward (recent increase) $31 $34 $32 $35 Fremont *** $60 $60 $60 $60 Palo Alto (action unknown) $35 $35 $35 $35 San Mateo (+$5 pending) $30 $35 $30 $40 $40 Walnut Creek *** $25 $25 $25 $25 * Pay-&-Display stations: Dispensing Machine Ticket (DMT) ** RPP violations other than A, B, D zones on football days *** Fremont & Walnut Creek: were not aware of the increase; Walnut Creek recently increased fines on their own No equivalent violation = BACKGROUND Parking fines were last increased effective July 1, 2003 by a range of 30% 50% based on violation codes. Other recent changes in the parking citations schedule include amending BMC Chapter 14 to include Pay-&-Display stations and establishing fines for related violations in March 2005; and a 2007 pilot program and subsequent action in September 2008 to substantially increase fines in RPP zones A, B and D enforced on football Saturdays to a fine level double that of non-football day fines. RATIONALE FOR RECOMMENDATION The recommended increase in parking citation fines covers the revenue lost by the $4.50 per citation diversion to the State, and any balance helps address expenses for parking citations and payment processing. As authorized by the State s Vehicle Code (CVC), cities may establish the amount of parking fines and late payment penalties. (2hr) $30 3 CVC violations related to parking/stopping in coach zones, and disabled and wheelchair ramps and zones, carry substantially higher fines than other citations. While they will be increased by $5, they are not recommended to be 50% or 100% higher on football days. Page 3

4 Parking Citation s Revenue Stabilization and Fees Increase UACTION CALENDAR March 24, 2009 These fines are levied as a penalty for violations of the CVC &/or Berkeley Municipal Code (BMC). As stated earlier, the revised schedule of parking violations and fines includes standard differentials for higher parking violation fines specified for football day enforcement. ALTERNATIVE ACTIONS CONSIDERED Council could decide to increase fines by more than the $5 recommended, such as by $10, which would generate additional General Fund revenue. Not adopting the recommended increase may result in additional proposed FY 2010 General Fund reductions of $1.5 million since the current budget-balancing plan for FY 2010 & FY 2011 proposes this level of revenue. CONTACT PERSONS Tracy Vesely, Budget Manager, City Manager s Office, ARobin Orden, Senior Management Analyst, Public Works, Lynne Ohlson, Business Manager, Police Department, Attachments: 1: Map of areas enforced for Football Day violations 2: Resolution Exhibit A: Schedule of Parking Violations and Parking Citation s for parking violations issued to vehicles, and incorporating Football Day violations and fines Page 4

5 RESOLUTION NO. ##,###-N.S. ESTABLISHING A NEW SCHEDULE OF PARKING VIOLATIONS AND FINES FOR PARKING VIOLATIONS AND LATE PAYMENT PENALTIES; AND RESCINDING RESOLUTION 62,127-N.S. AND ALL AMENDMENTS THERETO, EFFECTIVE MAY 1, 2009 WHEREAS, the State of California Vehicle Code Section states 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, the California Senate enacted SB 1407, effective January 1, 2009, which, among other changes, increased the amount jurisdictions must remit as the State Court Construction Penalty for every parking offense with a penalty or fine; and WHEREAS, City of Berkeley expenses for administration and enforcement of parking violations have increased, the City is facing multiple other impacts on its budget, and revenue from fines for parking violations contributes to the City s General Fund; and WHEREAS, the City Council has increased all fines for parking violations and late payment penalties by various amounts over the years, and the last time the City Council increased fines and penalties, with some limited exceptions, was Resolution 62,127 enacted almost 6 years ago and effective on July 1, 2003; and WHEREAS, there have been two permanent amendments to the City s parking citation fines in more recent years: Resolution 62,848 in March 2005 establishing fines and penalties for violations related to the Pay-&-Display dispensing machine tickets; and Resolution 64,192 in September 2008, establishing increased fines and penalties for violations in designated RPP zones during UC-Berkeley home football games; and WHEREAS, the area currently subject to higher fines on football days is North to (not including) Cedar Street, south and east to the Berkeley-Oakland city limits, and west to Oxford and Fulton Streets; and WHEREAS, Government Code (b) directs that " city, district, or issuing agency shall observe the increased bail amounts mandating the City and City Manager to increase the amounts remitted to the State. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a new schedule of parking violations and fines for parking violations and late payment penalties is established, as set forth in Exhibit A, effective May 1, BE IT FURTHER RESOLVED that the established zone for football day citations is north to (not including) Cedar Street, south and east to the Berkeley-Oakland city limits, and west to Oxford and Fulton Streets.

6 March 24, 2009 BE IT FURTHER RESOLVED by the Council of the City of Berkeley that the City Manager is directed to annually determine the dates during which parking fines shall be doubled and provide reasonable notice to the public of these dates. BE IT FURTHER RESOLVED that Resolution 62,127-N.S. and all amendments thereto are hereby rescinded. Exhibits: A. Schedule of Parking Violations and Parking Citation s for parking violations issued to vehicles, and incorporating Football Day violations and fines Page 2

7 B CURRENT AREA for FOOTBALL SATURDAYS PARKING ENFORCEMENT & HIGHER FINES RO SE SPRU CE CE DA R SHAT T UCK F SPRUCE MARTIN L UTHER KING J UN IVERSITY BANC ROF T SHATTU CK OX FORDFULTON DWIGHT J I CO LLEG E UC Berkeley K ADELIN E TELEGR APH B D MA RTIN LUTH SHAT TUCK AS HB Y A CO LLEG E L Oakland 2008 Tow Away No Park ing on Football Days Area for higher fines on Football Days 0 2, 000 4,000 1,000 Fee t RPP Zones A, B, D: Double-s on Football Days Public Wor ks Transportati on Div is io n Ce nt er St 3rd Floor Berkeley, CA Phone: (510) Fax : (5 10 ) us

8 Code Section Violation Description (for citations issued to vehicle) FD = Game Saturdays 9:30a-11:00p FD fines = 50% higher on most violations & 100% higher for RPP A,B, D violations Current New (w/$5) % Change On Day 28 +$30 Exhibit A On Day 47 +$50 BMC Off-St Rsrv Pkg No Permit Displyd $35 $40 14% $70 $120 BMC Off-St Lot: Overtime Parking $30 $35 17% $65 $115 BMC Off-St Lot: 2 hr Limit Overtime $30 $35 17% $65 $115 BMC Off-St Lot: Extending Meter Time $30 $35 17% $65 $115 BMC Off-St Lot: Expired Meter $20 $25 25% $55 $105 BMC FD Off-St Lot: Expired Meter $36 $38 4% $68 $118 BMC Off-St Lot: Motorcycle Zone Only $35 $40 14% $70 $120 BMC Off-St Lot: Pkg Outside Markings $35 $40 14% $70 $120 BMC FD Off-St Lot: Pkg Outside Mrkgs $42 $60 43% $90 $140 BMC Off-St Lot: Disabled Zone $275 $280 2% $310 $360 BMC FD Off-St Lot: Disabled Zone $275 $280 2% $310 $360 BMC Off-St Lot: Restricted Load Zone $35 $40 14% $70 $120 BMC FD Off-St Lot: Restrctd Load Zone $42 $60 43% $90 $140 BMC Off-St Lot: Restricted Over 2 hr $35 $40 14% $70 $120 BMC FD Off-St Lot: Restrctd Over 2 hr $36 $60 67% $90 $140 BMC Off-St Lot: Unmarked Space $35 $40 14% $70 $120 BMC FD Off-St Lot: Unmarked Space $42 $60 43% $90 $140 BMC Off-St Lot: Backed-in $35 $40 14% $70 $120 BMC Unattended Taxi Over 5 min $78 $83 6% $113 $163 BMC Unauth Pkg on Private Property $28 $33 18% $63 $113 BMC Unauth Vehicle on Private Prop $51 $56 10% $86 $136 BMC A No Parking on Divisional Islands $42 $47 12% $77 $127 BMC A FD No Parking on Divisnl Islands $56 $71 26% $101 $151 BMC C No Parking Zone (sign posted) $51 $56 10% $86 $136 BMC C FD No Parking Zone (sign posted) $56 $84 50% $114 $164 BMC C No Parking Zone (red curb) $51 $56 10% $86 $136 BMC C FD No Parking Zone (red curb) $56 $84 50% $114 $164 BMC D No Parking Street Sweeping (sign) $36 $41 14% $71 $121 BMC E No Parking on Railroad Tracks $51 $56 10% $86 $136 BMC F Hazard Obstructing Traffic $51 $56 10% $86 $136 BMC F FD Hazard Obstructing Traffic $56 $84 50% $114 $164 BMC G Construct: No Permit on Dashboard $51 $56 10% $86 $136 BMC G FD Construct: No Permit on Dash $56 $84 50% $114 $164 BMC On Street 72 or More Consec hrs $47 $52 11% $82 $132 BMC Repair Vehicle on Street $39 $44 13% $74 $124 BMC Vehicle Parked in School Zone $38 $43 13% $73 $123 BMC Pkg on Grade Brake/Block Wheels $42 $47 12% $77 $127 BMC Emergency Parking w/out a Permit $39 $44 13% $74 $124 BMC min Limit Zone Overtime $30 $35 17% $65 $115 BMC FD 3 min Limit Zone Overtime $47 $53 12% $83 $133 BMC min Limit Zone Overtime $30 $35 17% $65 $115 BMC FD 5 min Limit Zone Overtime $47 $53 12% $83 $133 BMC min Limit Zone Overtime $30 $35 17% $65 $115 BMC FD 10 min Limit Zone Overtime $47 $53 12% $83 $133 BMC min Limit Zone Overtime $30 $35 17% $65 $115 BMC min Limit Zone Overtime $30 $35 17% $65 $115 BMC min Limit Zone Overtime $30 $35 17% $65 $115 BMC FD 24 min Limit Zone Overtime $47 $53 12% $83 $133 BMC min Limit Zone Overtime $30 $35 17% $65 $115 BMC FD 30 min Limit Zone Overtime $48 $53 9% $83 $133 BMC hr Limit Zone Overtime $30 $35 17% $65 $115 BMC FD 1 hr Limit Zone Overtime $47 $53 12% $83 $133 BMC Faulty Meter Over 1 hr Limit $30 $35 17% $65 $115 Report.Schedule. xls / Titles&s of 3

9 Code Section Violation Description (for citations issued to vehicle) FD = Game Saturdays 9:30a-11:00p FD fines = 50% higher on most violations & 100% higher for RPP A,B, D violations Current New (w/$5) % Change On Day 28 +$30 Exhibit A On Day 47 +$50 BMC hr Limit Zone Overtime $30 $35 17% $65 $115 BMC FD 2 hr Limit Zone Overtime $47 $53 12% $83 $133 BMC Faulty Meter Over 2 hr Limit $30 $35 17% $65 $115 BMC A Parallel Pkg Veh Outside Markers $35 $40 14% $70 $120 BMC B Veh Facing Wrong Way 1-way St $35 $40 14% $70 $120 BMC B FD Veh Facing Wrong Way 1-way St $47 $60 28% $90 $140 BMC B Pkg Over 18 from Curb 1-way St $38 $43 13% $73 $123 BMC B FD Pkg Over 18 fr Curb 1-way St $47 $65 37% $95 $145 BMC A Diagonal Pkg Veh Outside Markers $38 $43 13% $73 $123 BMC B Diagonal Pkg FW Over 6" from Curb $38 $43 13% $73 $123 BMC A No Stopping 4-6pm (Tow CVC 22651) $51 $56 10% $86 $136 BMC A FD No Stopping 4-6pm (Tow 22651) $56 $84 50% $114 $164 BMC A No Stopping 7-9am (Tow CVC 22651) $51 $56 10% $86 $136 BMC A No Stopping 9pm-6am (Tow 22651) $51 $56 10% $86 $136 BMC A Posted No Stopping Tow Away $51 $56 10% $86 $136 BMC RPP Zone No RPP Permit Displayed $36 $41 14% $71 $121 BMC FD RPP Zone A,B,D No Permit Dsply $72 $82 14% $112 $162 BMC RPP Zone K No Permit Displayed $44 $49 11% $79 $129 BMC RPP Zone RPP Permit Expired $36 $41 14% $71 $121 BMC FD RPP Zone A,B,D Permit Expired $72 $82 14% $112 $162 BMC RPP Zone Permit Improper Display $36 $41 14% $71 $121 BMC FD RPP A,B,D Permit Improp Dspl y $72 $82 14% $112 $162 BMC Pkg/Standing in City Lots/Spaces $42 $47 12% $77 $127 BMC A City Lot No Permit Displayed $44 $49 11% $79 $129 BMC C Reserved Pkg No Permit Displayed $36 $41 14% $71 $121 BMC E Reserved City Hall Pkg Towable $51 $56 10% $86 $136 BMC A Car Parking in Motorcycle Area $38 $43 13% $73 $123 BMC B Motorcycle Zone Overtime $38 $43 13% $73 $123 BMC Dbl-Pkd Commer Vehicle Center St $47 $52 11% $82 $132 BMC B Commer Zone No Permit (yellow) $44 $49 11% $79 $129 BMC B FD Commer Zone No Permit (yellow) $48 $74 53% $104 $154 BMC A Commercial Zone Overtime $44 $49 11% $79 $129 BMC A FD Commercial Zone Overtime $48 $74 53% $104 $154 BMC Passenger Load Zone (white curb) $44 $49 11% $79 $129 BMC FD Passgr Load Zone (white curb) $48 $74 53% $104 $154 BMC No Stopping Bicycle Zone $42 $47 12% $77 $127 BMC FD No Stopping Bicycle Zone $33 $71 114% $101 $151 BMC Special Passenger Load Zone only $44 $49 11% $79 $129 BMC Parking in Coach (bus) Zone $51 $56 10% $86 $136 BMC FD Parking in Coach (bus) Zone $50 $84 68% $114 $164 BMC Unauthorized Use of Funeral Zone $38 $43 13% $73 $123 BMC Taxicab Parking Only $38 $43 13% $73 $123 BMC Unauthorized Taxicab Stand Pkg $38 $43 13% $73 $123 BMC A Meter Street: Expired Meter $30 $35 17% $65 $115 BMC A FD Meter Street: Expired Meter $36 $53 46% $83 $133 BMC B Pay&Display Station Expired Time $30 $35 17% $65 $115 BMC B FD Pay&Display Sta Expired Time $36 $53 46% $83 $133 BMC A Meter St: Extending Meter Time $30 $35 17% $65 $115 BMC A FD Meter St: Extending Meter Time $30 $53 75% $83 $133 BMC B Pay&Display Station Extend Time $30 $35 17% $65 $115 BMC B FD Pay&Display Sta Extend Time $36 $53 46% $83 $133 BMC Dispensing Mach Tkt Not Displayed $30 $35 17% $65 $115 BMC FD Dispens Mach Tkt Not Displayed $30 $53 75% $83 $133 Report.Schedule. xls / Titles&s of 3

10 Code Section Violation Description (for citations issued to vehicle) FD = Game Saturdays 9:30a-11:00p FD fines = 50% higher on most violations & 100% higher for RPP A,B, D violations Current New (w/$5) % Change On Day 28 +$30 Exhibit A On Day 47 +$50 BMC Improper Display of Disp Mach Tkt $30 $35 17% $65 $115 BMC FD Improper Display Disp Mach Tkt $36 $53 46% $83 $133 CVC 4000 No Evidence Current Registration $50 $50 0% $80 $130 CVC 4000 Expired Registration $50 $50 0% $80 $130 CVC 5200 Missing License Plates $25 $25 0% $55 $105 CVC 5201 Lic Plates Improperly Positioned $25 $25 0% $55 $105 CVC 5202 Hanging/Detached License Plate $25 $25 0% $55 $105 CVC 5204 a Expired Tags (read back) $25 $25 0% $55 $105 CVC 5204 a Missing Tags $25 $25 0% $55 $105 CVC a Parking on Public Grounds $41 $46 12% $76 $126 CVC b Vehicle Blocking Bicycle Lane $41 $46 12% $76 $126 CVC Parking on Freeway $41 $46 12% $76 $126 CVC a Parking in an Intersection $47 $52 11% $82 $132 CVC a FD Parking in Intersection $57 $71 24% $101 $151 CVC b Parking in Crosswalk $47 $52 11% $82 $132 CVC b FD Parking in Crosswalk $57 $78 37% $108 $158 CVC c Parking in Safety Zone $47 $52 11% $82 $132 CVC c FD Parking in Safety Zone $57 $78 37% $108 $158 CVC d Parking w/in 15' of Fire Station $47 $52 11% $82 $132 CVC d FD Parking w/in 15' of FD Station $57 $78 37% $108 $158 CVC e Parking in Driveway $47 $52 11% $82 $132 CVC e FD Parking in Driveway $57 $78 37% $108 $158 CVC f Parking On/Across Sidewalk $47 $52 11% $82 $132 CVC f FD Parking On/Across Sidewalk $57 $78 37% $108 $158 CVC g Parking Construction No Permit $47 $52 11% $82 $132 CVC g FD Parking Construction No Permit $57 $78 37% $108 $158 CVC h Double-Parked $47 $52 11% $82 $132 CVC h FD Double-Parked $57 $78 37% $108 $158 CVC i Parking/Stopping in Coach Zone $250 $255 2% $285 $335 CVC i FD Parking/Stopp ing in Coach Zone $250 $255 2% $285 $335 CVC j Parking in Tunnel $41 $46 12% $76 $126 CVC k Parking on Bridge $41 $46 12% $76 $126 CVC l Blocking Disabled Ramp $275 $280 2% $310 $360 CVC e Pkg Over 18 from Curb 1-way St $45 $50 11% $80 $130 CVC A Pkg Over 18 from Curb 2-way St $65 $70 8% $100 $150 CVC A 18" from curb 2-way street $56 $61 9% $91 $141 CVC A FD 18" from curb on 2-way street $56 $92 63% $122 $172 CVC a Parking in Disabled Zone $275 $280 2% $310 $360 CVC b Obstructing Access Disabled Zone $275 $280 2% $310 $360 CVC b FD Obstruct Access Disabled Zone $275 $280 2% $310 $360 CVC Pkg w/in 15' of Fire Hydrant $57 $62 9% $92 $142 CVC a Pkg w/in 15' of Fire Hydrant $65 $70 8% $100 $150 CVC Pkg w/in 7.5' of Railroad Tracks $41 $46 12% $76 $126 CVC Pkg w/in 3' of Wheelchair Ramp $275 $280 2% $310 $360 CVC FD Pkg w/in 3' of Wheelchair Ramp $275 $280 2% $310 $360 CVC a Abandon Vehicle on Highway $155 $160 3% $190 $240 CVC b Abandon Vehicle on Pub/Prvt Prop $155 $160 3% $190 $240 In addition to citation placed on vehicle, "Notice of violation" is mailed to registered owner 7 days after citation and indica tes when the fine penalty increases will occur: On day 28 after citation issuance, the fine increases by $30. If payment is not received within 45 days after issuance, on day 47, the fine increases by an additional $50. Report.Schedule. xls / Titles&s of 3