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HomeMy WebLinkAbout09 - PH-1 - Traffic Citation Sign-Off Fee - 7/19/2011CITY COUNCIL AGENDA REPORT MEETING DATE: July 19, 2011 ITEM NUMBER: Item Number SUBJECT: TRAFFIC CITATION SIGN -OFF FEE DATE: JUNE 2, 2011 FROM: POLICE OPERATIONS SERVICE DIVISION PRESENTATION MARTY CARVER -TRAFFIC BUREAU COMMANDER BY: FOR FURTHER INFORMATION 714 754-5384 CONTACT: RECOMMENDATION: Police Department staff recommends charging a fee for signing off correctible vehicle code violation citations by front desk personnel for all citations except for Costa Mesa correctible citations written to Costa Mesa residents. BACKGROUND: The Costa Mesa Police Department has experienced an increase in the volume of citation sign offs due to the City's current "no charge" sign off policy. Violators have stated to front desk personnel that they come to Costa Mesa to have their citations signed off because other agencies charge a fee for the same service. From January 1, 2010 through May 31, 2010, a citation sign -off survey was completed to gather information from other Orange County police agencies. The survey results showed that all but two of the fifteen agencies contacted charged non-residents for signing off citations. ANALYSIS: Data from January—May of 2010 was gathered and compiled into two tables. The "CMPD Citation Sign -Off Volume" table lists the monthly volume of citation "sign offs" processed by CMPD staff. This table categorizes received citations issued by Costa Mesa Police Department and non -local police agencies. Additional categories list whether the citizen receiving the citation was a Costa Mesa or non -local resident. The "Fees Charged by Major Orange County Police Agencies" table lists information in a similar manner. The survey shows agencies typically charge fees that are more expensive to non -local residents who were issued a citation by another police agency. Less expensive fees are charged, by some agencies, to local residents who received a 1 citation from their local police agency. Other cities charge a flat fee to both local and non -local residents. The average fee amounts are listed for each of the categories. CMPD Citation Si n Off Volume 2010 Not Our Cite Not Our Cite CM Cite CM Cite Anaheim MONTH Non- Resident CM Resident Non- Resident CM Resident Total JANUARY 106 45 48 73 272 FEBRUARY 95 34 50 66 245 MARCH 95 50 55 114 314 APRIL 94 41 52 49 236 MAY 85 41 28 73 227 Total 475 211 233 375 1294 FEES CHARGED BY MAJOR OUTSIDE POLICE AGENCIES Police Departments Not our Cite Non- Resident Not our Cite City Resident City Cite Non- Resident City Cite City Resident Anaheim $10.00 $10.00 $10.00 $10.00 Brea $25.00 $25.00 $0.00 $0.00 Cypress $15.00 $0.00 $0.00 $0.00 Fountain Valley $15.00 $15.00 $15.00 $15.00 Fullerton $10.00 $10.00 $0.00 $0.00 Garden Grove $12.00 $12.00 $12.00 $12.00 Huntington Beach $0.00 $0.00 $0.00 $0.00 Irvine $8.00 $8.00 $8.00 $8.00 Laguna Beach $0.00 $0.00 $0.00 $0.00 Newport Beach $22.00 $22.00 $22.00 $22.00 Orange $21.00 $21.00 $0.00 $0.00 Placentia $15.00 $0.00 $0.00 $0.00 Santa Ana $10.00 $10.00 $0.00 $0.00 Tustin $10.00 $0.00 $0.00 $0.00 Westminster $13.00 $13.00 $0.00 $0.00 Total: $186.00 $146.00 $67.00 $67.00 Average Total: $12.40 $9.73 $4.47 $4.47 The fee recommended for adoption does not exceed the reasonable cost to the City of performing this service. ALTERNATIVES CONSIDERED: In the event the recommended action is not approved, the alternative would be to continue offering free citation sign -off services to the public. is FISCAL REVIEW: Projected annual revenue from the citation sign -off fee, based on staffs recommendation, would be approximately $18,000. This projection was based on the five-month survey data collected in 2010 by subtracting the number of Costa Mesa citations to Costa Mesa residents from the total number of citations processed. The cost recovery for the City during the survey would have been $9,190. LEGAL REVIEW: The City Attorney has reviewed this report and the attached resolution and no further legal review is required. CONCLUSION: Based on the current practices by other police agencies, staff recommends the City of Costa Mesa impose a $10 sign -off fee for all citations, except for those citations written by Costa Mesa Police officers to Costa MesaIsidents. The suggested fee falls between the high and low-end average fee amounin the survey. MARTY CARVER DE IS KIES Lieutenant/Traffic Commander LARRY HURST Interim Finance Director DISTRIBUTION: City Manager City Attorney Interim Finance Director City Clerk ATTACHMENTS: 1 Resolution Chief of Police RICHARD L. ADAMS II Deputy City Attorney 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A FEE FOR CERTIFICATION OF CORRECTION OF VEHICLE CODE VIOLATIONS THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Section 40616(c) of the California Vehicle Code provides that a police department may certify the correction of violations of the Vehicle Code; and WHEREAS, pursuant to the provisions of the California Constitution and the laws of the State of California, the City of Costa Mesa is authorized to adopt and implement rates, fees, and charges for municipal services; provided, however, that such rates, fees, and/or charges do not exceed the estimated reasonable cost of providing such services; and WHEREAS, the Costa Mesa Police Department currently does not charge a fee to certify corrections of violations of the Vehicle Code; and WHEREAS, the Costa Mesa Police Department has experienced an increase in the volume of requests for certification of corrections of Vehicle Code violations due to the absence of a fee for such service; and WHEREAS, this City Council desires to establish a fee for Costa Mesa Police Department certification of corrections of Vehicle Code violations; and WHEREAS, the fee to be established is consistent with the range of fees charged by other similar Orange County agencies and is lower than the average of those fees; and WHEREAS, the fee will not exceed the costs reasonably borne by the City for officers' time in inspecting and certifying corrections of California Vehicle Code violations; and WHEREAS, the adoption of this fee is projected to generate approximately $18,000 annually, which will help the City offset some of the many costs associated with the vital public safety services provided by the Costa Mesa Police Department; and WHEREAS, this City Council has conducted a duly noticed public hearing with respect to this fee prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby establishes a $10.00 fee per violation for the certification of correction of Vehicle Code violations, excluding traffic citations issued by the Costa Mesa Police Department to Costa Mesa residents. Such fee shall be implemented commencing September 17, 2011, which is at least 60 days after adoption of this Ordinance. PASSED AND ADOPTED this day of , 2011. ATTEST: Julie Folcik, City Clerk 2 Gary Monahan, Mayor APPROVED AS TO FORM: Thomas P. Duarte, City Attorney STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the _ day of 2011, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this day of 2011. JULIE FOLCIK, CITY CLERK 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A FEE FOR CERTIFICATION OF CORRECTION OF VEHICLE CODE VIOLATIONS THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Section 40616(c) of the California Vehicle Code provides that a police department may certify the correction of violations of the Vehicle Code; and WHEREAS, pursuant to the provisions of the California Constitution and the laws of the State of California, the City of Costa Mesa is authorized to adopt and implement rates, fees, and charges for municipal services; provided, however, that such rates, fees, and/or charges do not exceed the estimated reasonable cost of providing such services; and WHEREAS, the Costa Mesa Police Department currently does not charge a fee to certify corrections of violations of the Vehicle Code; and WHEREAS, the Costa Mesa Police Department has experienced an increase in the volume of requests for certification of corrections of Vehicle Code violations due to the absence of a fee for such service; and WHEREAS, this City Council desires to establish a fee for Costa Mesa Police Department certification of corrections of Vehicle Code violations; and WHEREAS, the fee to be established is consistent with the range of fees charged by other similar Orange County agencies and is lower than the average of those fees; and WHEREAS, the fee will not exceed the costs reasonably borne by the City for officers' time in inspecting and certifying corrections of California Vehicle Code violations; and WHEREAS, the adoption of this fee is projected to generate approximately $18,000 annually, which will help the City offset some of the many costs associated with the vital public safety services provided by the Costa Mesa Police Department; and WHEREAS, this City Council has conducted a duly noticed public hearing with respect to this fee prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby establishes a $10.00 fee per violation for the certification of correction of Vehicle Code violations, excluding traffic citations issued by the Costa Mesa Police Department to Costa Mesa residents. Such fee shall be implemented commencing September 17, 2011, which is at least 60 days after adoption of this Ordinance. PASSED AND ADOPTED this day of , 2011. ATTEST: Julie Folcik, City Clerk P) Gary Monahan, Mayor APPROVED AS TO FORM: Thomas P. Duarte, City Attorney STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 1, JULIE FOLCIK, City Clerk of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the _ day of 2011, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this day of 2011. JULIE FOLCIK, CITY CLERK