7.F.
City Council Meeting - FINAL
- Meeting Date:
- 11/06/2018
- From:
- David McIntire, Community Investment Director
Information
TITLE:
Consideration and Adoption of Ordinance No. 2018-38: An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff City Code by amending Title 9 Traffic Code Section 9-01-001-0003 Stopping or Standing and Parking Restrictions, to modify parking violation fines, providing for penalties, repeal of conflicting ordinances, severability, and establishing an effective date.
STAFF RECOMMENDED ACTION:
At the November 6, 2018 Council Meeting:
1) Read Ordinance No. 2018-38 by title only for the first time
2) City Clerk reads Ordinance No. 2018-38 by title only (if approved above)
At the November 20, 2018 Council Meeting:
3) Read Ordinance No.2018-38 by title only for the final time
4) City Clerk reads Ordinance No. 2018-38 by title only (if approved above)
5) Adopt Ordinance No. 2018-38.
1) Read Ordinance No. 2018-38 by title only for the first time
2) City Clerk reads Ordinance No. 2018-38 by title only (if approved above)
At the November 20, 2018 Council Meeting:
3) Read Ordinance No.2018-38 by title only for the final time
4) City Clerk reads Ordinance No. 2018-38 by title only (if approved above)
5) Adopt Ordinance No. 2018-38.
Executive Summary:
The State of Arizona changed the fees and surcharges that impact fines for parking violations. These impacts go into effect on January 1, 2019. Currently, the City has requirements by ordinance that fines "shall be not less than ten dollars ($10.00) plus State surcharges and assessments." The detailed impact of the increase in the surcharges and assessments "reduces the Criminal Justice Enhancement Fund surcharge from 47% to 42% and establishes a new $9.00 assessment on every fine, penalty and forfeiture for all criminal, traffic, and Game and Fish violations for the Victim Rights Fund and Victim Compensation and Assistance Fund" and directs the new $4 to the non-lapsing Peace Officer Training Equipment Fund."
The simplified impact of the change is between $10.00 and $13.00 per citation. If City fines are not adjusted than in many cases there would be less than $10.00 remaining after the State received their portion, and thus the City would not be compliant with City Code. The changes included in the proposed amendments are designed to stay consistent with the current City base fine amounts and are increasing by the amount necessary to adapt to the changes in the State surcharges and assessments and stay whole numbers. This will maintain revenue consistent with previous levels and will preserve compliance with the City's minimum fine requirements. The specific language is found in HB 2313 and HB 2527.
The simplified impact of the change is between $10.00 and $13.00 per citation. If City fines are not adjusted than in many cases there would be less than $10.00 remaining after the State received their portion, and thus the City would not be compliant with City Code. The changes included in the proposed amendments are designed to stay consistent with the current City base fine amounts and are increasing by the amount necessary to adapt to the changes in the State surcharges and assessments and stay whole numbers. This will maintain revenue consistent with previous levels and will preserve compliance with the City's minimum fine requirements. The specific language is found in HB 2313 and HB 2527.
Financial Impact:
The intention of the revised fine schedule is to generally maintain revenues consistent with the current status. The fine increases are generally aligned with the increased surcharges and assessments and to maintain the current City base fine amount, although some minor variability is built in to maintain whole numbers. Parking fine revenues are revenues of the General Fund and not ParkFlag revenue.
Policy Impact:
The action maintains consistency and compliance with the current policies by adapting to external changes.
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:
Has There Been Previous Council Decision on This:
The initial fines and requirements were set by Council in ordinance 2017-1 which was passed an adopted February 7, 2017.
Options and Alternatives:
1) Adopt ordinance 2018-38 which adapts to the changes in the State's surcharges and fees to maintain current revenues and compliance with City Code required fine minimums.
2) Amend ordinance 2018-38.
3) Reject ordinance 2018-38 which will leave current citations as is and, due to the increased State surcharges and fees, will decrease fine revenues received by the City to below the City Code required minimums.
2) Amend ordinance 2018-38.
3) Reject ordinance 2018-38 which will leave current citations as is and, due to the increased State surcharges and fees, will decrease fine revenues received by the City to below the City Code required minimums.