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HomeMy WebLinkAbout22-Facilities Management 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 :> 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 / jk'-"I..e / -1 4- - 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~): ./ <'- I" p~. -),...,~::S<.: "<:... ."' ..~ ~~........... ..... ./ .a~_ \ .,..-,"'" ........-..- ; . H 17f'td,,,,..,,.; T / LJa~.p ~ _ ~ ...-L ~ .I. ... e" v I ~ ^.n D &. A n ^ II. INTEROFFICE MEMORANDUM _. 8808-1430 . .. '" C'd) /ler'.... ' - . . 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 /t17~""wT PA'fe 4- "I"- 4- t