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CITY OF SAN BERt'RDINO - REQUEST ryR COUNCIL ACTION
From:
Bert Murphy, Facilities Manager
Subject: Amendment to uniform bail schedule
for parking violations.
Dept:
Facilities Management
Date:
September 28, 1992
Synopsis of Previous Council action:
9/3/91
Resolution No. 91-396 imposing an additional state/county parking
surcharge on parking fines of $3.50 pursuant to AB 544 and SB 21 adopted.
9/21/91 -- Item continued.
Recommended motion:
Adopt resolution.
-3J'77k-~~
Signa~
Contact person:
Bert Murphy
Phone:
5244
Supporting data attached:
Yes
Ward:
FUNDING REOUIREMENTS:
Amount:
N/A
Source: (Acct, No.!
(Acct, DescriPtion)
Finance:
Council Notes:
75.0262
Agenda Item No, ~
CITY OF SAN BERt::.'RDINO - REQUEST (YR COUNCIL ACTION
STAFF REPORT
At the Council meeting of September 21, 1992 this issue was presented.
At that meeting a number of issues were raised. These issues include.
Recent Improvements. Social Security Hold Program, and County/State
Surcharges. Listed below are responses to each question as well as
additional information.
Effective July 1. 1992. the Department of Motor Vehicles (DlViV)
Administrative Services fee for placing parking violations holds increased
from one dollar ($1.00) to three dollars ($3.00) due to increased cost for
ongoing prog'rams and recent improvements. The DMV hold program allows
agencies to place holds for outstanding parking citations on vehicle.
registrations until violations are cleared.
Recent Improvements:
One of the recent improvements was the DMV Dishonored Check Process
which pursues parking violation fees paid to them with a dishonored check.
If a dishonored check is returned to them for a parking violation. a
dishonored check status is placed against the vehicle registration and a
letter mailed to the registered owner informing them of the check and
explaining steps necessary to resolve the problem. The department also
utilizes various collection methods through their revenue collection service
program.
Other improvements include a requirement when DMV receives the full
amount of money for outstanding parking penalties and administrative fees. it
shall issue a receipt showing each parking penalty and administrative fee
paid. The receipt must indicate the processing agency and description of
the vehicle involved in the parking violations. The receipt must also state
that "to reduce the possibility of impoundment of vehicle under section 22651
or section 22651. 7 of the California Vehicle Code. the registered owner may
transmit to the processing agency a copy of the receipt."
Social Security Hold Program:
The Department of Motor Vehicles has scheduled the implementation of
the Social Security number collection program for mid year 1994. This
program will attach vehicle registration and drivers license to a social
security number. The program is established to prevent the renewal of
vehicle registration or driver's license until parking violations charged
against a vehicle. or moving violations charged against driver's license are
cleared.
County/State Surcharges:
The Iviayor and Common Council adopted resolution No. 91-396 September
5. 1991, imposing an additional state/ county parking violation surcharge on
parking fines of $3.50 pursuant to AB544 and SB 21. Prior to this action
the Municipal Court was charging $1.50 for each parking fine. This action
increased the surcharge to a total of $5.00 for each parking fine. The State
of California was to receive $2.00 and the County $3.00 to be split between
the Temporary Courthouse Construction and Criminal Justice Construction
Funds.
75-0264
o
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In August 1988 action was taken by the City to withhold the surcharge
($1.50 at the time) and place the monies in a trust fund as fines were
collected. This action was taken because the City was unable to determine if
monies from the Municipal Court System for fines collected from contested
citations had ever been returned to the City. (see attachment 1) This
procedure is currently in effect. The trust account number is 772-326-24917
and has approximately $72.000 on deposit.
Parking Citation Revenue:
The City of San Bernardino issues approximately 26.000 parking
citations annu81ly. Approximately 52% or 13,520 citations are paid or mailed
to the City. Approximately 8% or 2080 citations are paid through the
Department of Motor Vehicles. The remaining 40% may never be collected.
This is about the average collection rate for programs in other cities. The
major factor in collecting through the DMV hold program is that many
vehicles are operating with expired registrations. In the State of C81ifornia
reports have indicated as many as one out of every 20 vehicles is
unregistered. In the City of San Bernardino 7000 citations were issued for
expired registration during a 12 month period. Because approximately 40% of
parking citations are never paid. staff does not recommend adding
administrative fees to off set the proposed increase. However. many think
when the Social Security Hold Program is implemented the collection rate will
increase.
The Facilities Management Division is currently looking at other options
to increase the collection rate.
Bail Schedule:
C81ifornia Vehicle Code 40203.5 requires parking pen81ties for parking
violations be established by a court. The San Bernardino Municipal Court
has agreed to consider the proposed amendments prior to the next
annual bail meeting scheduled during March 1993. It is the intention of this
Division to establish a target date of January 1. 1993 for implementation in
order to allow adequate time for printing of new citations.
Larger Increases:
Staff also request Handicapped Parking be given a larger increase.
$103.50 to $110.00, and that Parking of Abandoned Vehicles on street be
increased from $142.00 to $150.00 to serve as a deterrent. The current bail
schedule for Municipal Code 10.16020A Prohibited Parking (Red) is $18.50
and Municip81 Code 10.16090 Red Curb is $28.50. the proposed increase is to
$30.00 for each. Staff believes the violation is the same and the bail should
be the same.
Staff recommends the proposed bail schedule to offset the DMV increase.
"
"
C I '1'0 0 F SAN B ERN A RO I
INTEROFFICE MEMORANDUM
8808-206
N 0
'1'0: Roger G. Hardgrave, Director of Public Works/City
Engineer
FROM:
Wayne Overstreet
SUBJECT: PAYMENTS TO THE COUNTY CRIMINAL JUSTICE FACILITY
CONSTRUCTION FUND
DATE:
August 4, 1988
(7522~
COPIES:
Acting City Administrator, Acting Director
Finance
of
-------------------------------------------------------------
California Penal Code, Section 1463[3], and Government Code
68073.4, requires each city, district, and other issuing
agency which elects to receive deposits, accept forfeitures,
and otherwise process the posting of bail for parking
violations pursuant to Sub-division 3, of Section 1463, of
the Penal Code, shall pay $1.50 for each bail deposit
collected, on each violation which is not filed in court, to
the County Treasurer.
The City of San Bernardino has, since January 1982, paid to
the County approximately $15,000 to $17,000 per year.
We contacted Colton, to determine if they pay such fees,
Officer Westbrook stated, as far as he knew, they did not
pay.
Loma Linda, Pam O'Camb, City Clerk, stated that they pay
$1.00 on each ticket they collect.
Fontana, Carol Anderson, in Finance, stated
never received any invoice from the County so
sent any money.
Rialto, Diana in the City Clerk's office, stated that in 1981
the City Administrator directed the Director of Finance to
establish a special account of $1.50 per citation, but they
cannot find where they have ever paid.
that they have
they have never
Redlands, someone in the Treasurers Office stated that they
pay $1.50 quarterly.
1t1TA-d,,,..,t!:,.J I /
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-
INTEROFFICE MEM~NDUM: 8808-206 (:)
PAYMENTS TO THE COUNTY CRIMINAL JUSTICE FACILITY
CONSTRUCTION FUND
August 4, 1988
Page 2
We are unable to determine if we have ever received any
monies from the County Municipal Court System for monies that
they have collected form contested parking citation hearings,
which we believe should be approximately $1,500 to $12,000
annually.
Numerous attempts have been made by city staff (Public
Buildings, Finance, City Trc~~urers) to ascertain this infor-
mation for accountability of these funds, and also the moving
violations from citations issued by the Police Department.
We further join the other cities in a
County to obtain these funds since 1978
to be in excess of five to six hundred
the City.
It is recommended that consideration be given to with holding
these payments until such time as the County has provided us
with accountability of monies and citations due the City.
That these funds be set aside in a special account to pay the
County monies due for this criminal justice facility
construction fund once this settlement and accountability has
been provided by the County. Reference monthly report
provided by this department on the parking citations revenue.
law suit against the
which we now estimate
thousand dollars due
WAY 0 RSTREET, Supt.
Public Buildings/Parking
Control
WO:mal
File: Corrsp. l-B 116 ~
Pkg. Cntrl. 11-14
A TTIlcJ,....eJ J
putt e 2. t!JF 4-
ITY OF SAN ~RNARDINO
-
.JEMORANDUM
,
~..-
&.1 t>ject
WAYNE OVERSTREET
Public Buildings Superintendent
Payments to CQunty Criminal Justice
Facility Construction Fund
ROGER HARDGRAVE, Dir. of
From Public Works/City Engr.
Date August 8. 1988
F 11 e No.6. 51
Approved
Date
I agree with your recommendation, by memo of 8-04-88. that the
funds now paid to the County be held in a trust account. These
funds would be held until our claim is settled and the status
of other cities is clarified.
I have discussed setting up a trust account to accumulate these
revenues. Dave sees no problem with setting up such an account.
Please proceed to have $1.50 from each bail deposit collected
placed in a trust account to await final disposition.
ROGER G. HARDGRAVE
Director of Public Works/City Engineer
RGH:rs
cc: Jim Robbins
Andy Green
PRi~): ./
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INTEROFFICE MEMORANDUM
_. 8808-1430
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. TO: Roqer Hardqrave, City Enqineer, Director of Public
Works
FROM: James Robbins, Actinq city Administrator
SUBJECT: Payments to County Criminal Justice Facility
Construction Fund
DATE:
Auqust 26, 1988
(7544)
COPIES:
Wayne OVerstreet, Andy Green, Denice Brue
-------------------------------------------------------------
I met today with Denice Brue to discuss the above. I have
concerns about our proposed action. I am in aqreement that
we need to hold on to the money if we can, but the leqal
ramifications need to be explored.
Until further notice, the trust account for holdinq this
money is sufficient. We should accrue paper interest in the
event we have to pay plus interest.
Upon a reco\ll\llendation from the Attorney's Office, we will (1)
continue to hold pendinq outcome of suit: (2) make payments
as previously done: or (3) remove trust and place monies in
General Fund.
y'~ > /cr-;l4~~
I~AMES E. ROBBINS
Actinq City Administrator
JER/md
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