CITY OP "3 SAN JOSE CAPITAL OF SILICON VALLEY TO: HONORABLE MAYOR AND CITY COUNCIL COUNCIL AGENDA: 6/9/15 ITEM: du Memorandum FROM: Jim Ortbal SUBJECT: SEE BELOW DATE: May 18, 2015 Date ST zt is' SUBJECT: REPEAL OF RESOLUTION NO. 75677 AND ADOPTION OF PARKING PENALTY AND LATE PAYMENT PENALTY RESOLUTION RECOMMENDATION Adopt a resolution to repeal Resolution 75677 and set forth the Schedule of Parking Penalties and Late Payment Penalty for Parking Violations to increase certain parking penalties, and include the cost of special collections on any unpaid delinquent parking citation that is collected through special collection efforts, effective July 1, 2015. OUTCOME The proposed resolution will increase certain parking penalties between $5 and $10, and add the cost of collection of unpaid delinquent citations to the fine amount which will enable the City to collect the full amount of the parking citation due to the City. BACKGROUND Pursuant to California Vehicle Code (CVC) Section 40203.5 (a), the governing body of each jurisdiction establishes the schedule of penalties for parking violations within their jurisdictional limits, including those penalties set by the State. The 2015-2016 Proposed Operating Budget includes a recommendation to increase certain parking citation fines by an amount between $5 and $10. Parking fines were last adjusted effective January 1, 2011 by an amount up to five dollars to enable the City to cover an additional $3 State of California surcharge on collected parking citations for the Trial Court Trust Fund, and to provide additional revenue to the General Fund. The City currently has an agreement with Turbo Data Systems, Inc. (Turbo Data) for a variety of processing and collection services, and operation of a local customer service center. As compensation for special collection services associated with citations that remain unpaid after a base level of collection efforts, Turbo Data receives 24% of collected revenues.
HONORABLE MAYOR AND CITY COUNCIL May 18, 2015 Subject: Establishment of Parking Penalty and Late Penalty Resolution Page 2 ANALYSIS There are certain categories of parking violations that have a direct impact on traffic safety, the environment, and the quality of life in neighborhoods. Issuance of citations for non-compliance with safety-related and street sweeping violations, such as parking in a crosswalk or in a posted No Parking zone for street sweeping activities, helps to heighten awareness around roadway safety and the need for curbs to be free of parked vehicles to optimize the effectiveness of street sweeping, with the goal of changing motorist behavior. The proposed resolution will increase twenty-seven parking penalties between $5 and $10, as highlighted on the attached proposed Schedule of Parking Penalties and Late Payment Penalty for Parking Violations. Through the existing processing and collection services agreement, Turbo Data pursues collection of parking citations through a variety of methods, including sending courtesy and past due notices, and placing holds on vehicle registration through the Department of Motor Vehicles (DMV). By the time a citation has been sent to the DMV for a registration hold, the registered vehicle owner has been sent a minimum of three notices, including the original citation, outlining the process to either pay or appeal the citation. The agreement provides for special collection services for citations that remain unpaid, including additional notices, follow-up research and filing the debt with credit bureaus, for which Turbo Data receives 24% of any revenue collected. Adding the cost of collection of unpaid citations to the fine amount, as authorized by the Vehicle Code, will enable the City to collect the full amount of the parking citation due to the City. It is estimated that the increased parking citation fines and special collection fees will generate approximately $700,000 in additional annual revenue. It is recommended the new parking penalties become effective July 1, 2015. EVALUATION AND FOLLOW UP The recommendations associated with the increased parking penalties and the special collections fee does not require follow-up. POLICY ALTERNATIVES City Council could elect not to increase parking penalties or add the cost of special collection efforts onto the amount of unpaid parking citations. This is not recommended as the City would need to offset the loss of additional revenues that were projected to balance the 2015-2016 Proposed Operating Budget, and would forego the opportunity to collect the full amount of unpaid parking citations due to the City.
HONORABLE MAYOR AND CITY COUNCIL May 18,2015 Subject: Establishment of Parking Penalty and Late Penalty Resolution Page 3 PUBLIC OUTREACH This memorandum will be posted on the City's website for the June 9, 2015 Council meeting. COORDINATION This memorandum has been coordinated with the City Attorney's Office and the City Manager's Budget Office. FISCAL/POLICY ALIGNMENT The proposed fine increases are part of budget balancing in the 2015-2016 Proposed Operating Budget for the General Fund. COST SUMMARY/IMPLICATIONS The recommended changes to the parking citation penalties and the special collection fee for unpaid citations will generate an estimated $700,000 in additional annual revenue. CEOA Statutorily Exempt, File No. PP10-067(a), CEQA Guidelines Section No. 15273 - Rates, Tolls, Fares and Charges. /s/ JIM ORTBAL Interim Director of Transportation For questions please contact Laura Wells, Department of Transportation Deputy Director at (408) 975-3725. Attachment
RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF CITY OF SAN JOSE SETTING FORTH THE SCHEDULE OF PARKING PENALTIES AND LATE PAYMENT PENALTY FOR PARKING VIOLATIONS AND REPEALING RESOLUTION NO. 75677, EFFECTIVE JULY 1, 2015 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE: SECTION 1. SCHEDULE OF PARKING PENALTIES The following parking penalties are hereby established for violations of San Jose Municipal Code (SJMC) and California Vehicle Code (CVC) regulations: SJMC Section Offense Base State Law Total Penalty Surcharges* Penalty 6.46.030 Mobilehome or trailer parking 252.50 265.00 11.16.120 Obedience to parking space Markings 27.50 40.00 11.32.010 Unattended motor vehicle-keys 32.50 45.00 in ignition 11.36.050 Parking not to obstruct traffic 47.50 11.36.060 Parked in parkways prohibited 37.50 50.00 11.36.080 Prohibited to stop, stand or park 47.50 vehicles where "No Parking" 11.36.100 Parked for certain purposes 62,50 75.00 prohibited 11.36.110 Parking on hills, curbing wheels 32.50 45.00 11.36.130 No parking on narrow streets 32.50 45.00 11.36.140 Parked in alleys 32.50 45.00 11.36.150 Park on left-hand side of one- 37.50 50.00 way street restricted " California Government Code Sections 70302, 76000, 76100, 76101
SJMC Base State Law Total Section Offense Penalty Surcharges* Penalty 11.36.170 Parking at an angle 37.50 50.00 11.36.190 Parking prohibited where use of 47.50 street necessary for cleaning, repair or construction of street or installation of underground facility 11.36.200 Parking prohibited where use of 42.50 55.00 street authorized for other than normal flow of traffic 11.36.210 Violation of terms of permit for 32.50 45.00 loading or unloading 11.36.220 Use of streets for storage of 72.50 85.00 vehicles prohibited 11.36.232 Parking for disabled persons 307.50 320.00 11.36.235 Reserved for disabled persons 307.50 320.00 11.36.250 Parked in excess of posted time 27.50 40.00 limit; Sunday & legal holidays excepted 11.36.260 Stopping, standing or parking 32.50 45.00 vehicles on certain streets, or portions thereof, during all or certain hours 11.36.280 Parking in reserved areas 42.50 55.00 11.36.290 Commercial vehicle parked on 72.50 85.00 residential street 11.36.300 Parking restrictions commercial 77.50 90.00 vehicle 11.36.320 Parking Circle-Drive 27.50 40.00 *California Government Code Sections 70302, 76000, 76100, 76101
SJMC Section Offense Base State Law Total Penalty Surcharges* Penalty 11.36.330 City Hall frontage parking restriction 11.36.340 City employee parking lotspermits-use 11.36.430 City Hall alley-parking restrictions 11.36.470 Minnesota Avenue- off-street lot parking 27.50 40.00 32.50 45.00 27.50 40.00 17.50 30.00 11.40.350 Parked Out of Space - Metered 27.50 40.00 11.40.380 Expired/Unpaid Meter 27.50 40.00 11.40.390 Failure to operate meter, meter not fully activated 17.50 30.00 11.44.010 Failure to Pay at Lot 22.50 35.00 11.44.040 Storage lien off-street parking 22.50 35.00 11.44.045 Off-Street Parking Restrictions 27.50 40.00 11.44.100 Parking in marked spaces 17.50 30.00 11.44.120 Deposit of money in meter 22.50 35.00 11.44.130 Unlawful to park after time expired 11.44.140 Unlawful to extend time beyond limit 11.44.180 Leaving vehicle after receipt of meter violation 11.44.290 Deposit of money in meterairport parking 11.44.300 Unlawful to park after time expired airport 11.48.300 Residential parking permit required 11.49.300 SJSU student parking area restrictions 22.50 35.00 17.50 30.00 17.50 30.00 22.50 35.00 22.50 35.00 52.50 65.00 27.50 40.00 "California Government Code Sections 70302, 76000, 76100, 76101
SJMC Base State Law Total Section Offense Penalty Surcharges* Penalty 11.52.320 Freight loading zone, use 37.50 50.00 restriction 11.52.330 Freight loading zone, time 37.50 50.00 restriction 11.52.570A Special Freight Loading Zone 37.50 50.00 permit required 11.52.570B Violation of Special Freight 37.50 50.00 Loading Zone permit - usage 11.54.030 Passenger loading zone, use 32.50 45.00 restriction 11.54.040 Passenger loading zone, time 32.50 45.00 restriction 11.98.060 Large Vehicle Parking 32.50 45.00 13.44.100 City Parks Regulations 77.50 90.00 25.06.350 Airport Parking Regulations 32.50 45.00 *California Government Code Sections 70302, 76000,76100, 76101
cvc Section Offense Base State Law Total Penalty Surcharges* Penalty 21211(b) Parked in a bike path/lane 52.50 65.00 21113(a) Parked in violation of 27.50 Administrative Rules 40.00 22500(a) Parked in an intersection 47.50 22500(b) Parked blocking a crosswalk 52.50 65.00 22500(c) Parked in a safety zone 52.50 65.00 22500(d) Parked w/in 15' of a fire 47.50 station driveway 22500(e) Parked blocking a driveway 47.50 22500(f) Parked on/blocking sidewalk 47.50 22500(g) Parked obstructing traffic - 47.50 beside excavation 22500(h) Double parked 47.50 22500(i) Parked in a bus zone 272.50 285.00 225000 Parked in a tunnel 42.50 55.00 22500(k) Parked on a bridge 42.50 55.00 22500(1) Parked blocking a disabled 307.50 sidewalk access 320.00 22500.1 Parked in a fire lane 57.50 70.00 22502 Parked the wrong way/over 18" 37.50 from the curb 50.00 22507.8 Parked in space reserved for disabled 307.50 320.00 *California Government Cpde Sections 70302, 76000, 76100, 76101
cvc Section Offense Base State Law Total Penalty Surcharges* Penalty 22514 Parked w/in 15'of afire hydrant 57.50 70.00 22515 Unattended unset parking brake 32.50 45.00 22521 Parked w/in T of a railroad track 32.50 45.00 22522 Parked blocking a disabled 307.50 320.00 sidewalk access 22526 Entering an occupied 102.50 115.00 intersection SECTION 2. LATE PAYMENT PENALTIES Late payment penalties shall be added to the Total Penalties as follows: A one-time late payment penalty of thirty-five dollars ($35.00) shall be added if the Total Penalty has not been paid within ten (10) days of the mailing of the notice of delinquency. SECTION 3. DEPARTMENT OF MOTOR VEHICLES SERVICE FEE A service fee for unpaid parking penalties shall be added to the Total Penalties as follows: A one-time service fee of three dollars ($3.00) shall be added if the Total Penalty has not been paid within forty (40) days of the notice of parking violation and a hold has been placed on the vehicle registration through the Department of Motor Vehicles. SECTION 4. CREDIT CARD SERVICE FEE A one-time service fee of three dollars ($3.00) for parking penalties paid by credit card shall be added to the Total Penalties, which shall be collected by the City or by the City's Parking Citation Processing and Collection contractor, to defer the cost of processing and collecting credit card payments. California Government Code Sections 70302, 76000, 76100, 76101
SECTION 5. FRANCHISE TAX BOARD COLLECTION FEE A collection fee for unpaid parking penalties and associated late payment penalties shall be added to the Total Penalties as follows: A one-time service fee of thirty-five percent (35%) of the Total Penalties owed shall be added if the Total Penalties have not been paid prior to the mailing of the Franchise Tax Board Pre-lntercept Notice. SECTION 6. SPECIAL COLLECTION FEE A collection fee for unpaid parking penalties and associated late payment penalties shall be added to the Total Penalties as follows: A one-time service fee of twenty-four percent (24%) of the Total Penalties owed shall be added if the Total Penalties have not been paid prior to the mailing of the Special Collection Notice. SECTION 7. Resolution No. 75677, setting forth the Schedule of Parking Penalties, effective January 1, 2011, is hereby repealed. SECTION 8. The provisions of this Resolution shall be operative commencing on July 1,2015. ADOPTED this day of, 2015, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor TONI TABER City Clerk