HomeMy WebLinkAbout22588 - RESOLUTIONS - 9/2/2009 RESOLUTION NO. 22588
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, PROVIDING FOR
STATUTORILY-REQUIRED STATE COURT AND
CRIMINAL JUSTICE FACILITIES CONSTRUCTION PASS-
THRU PARKING PENALTIES, AND AMENDING THE BAIL
SCHEDULE.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
A. Pursuant to Chapter 1 of Division 17 of the California Vehicle Code, the City of
Palm Springs elects to issue and process parking violations within the City.
B. The State of California has approved statutorily-required pass-thru penalties for
every parking offense where a parking penalty, fine, or forfeiture is imposed to fund
construction of State court facilities as follows:
Cal. Gov. Code § 76000 b and (c)
Courthouse Construction Fund $ 2.50
Criminal Justice Facilities Construction Fund $ 2.50
Cal. Gov. Code § 70372(b)
State Court Facilities Construction Fund $ 4,50
Cal. Vehicle Code § 9669
❑MV will not recognize cents when processing and allows and
requires agencies to round up the amounts to the nearest dollar $ .50
TOTAL PASS-THRU COSTS $10.00
C. California law provides the pass-thru penalties may be borne by the parking
violator and not the City, nor the citizenry at large.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The City Council approves the State of California statutorily-required pass-
thru penalties for every parking offense where a parking penalty, fine, or forfeiture is
imposed in the City of Palm Springs, as outlined in Finding B of this Resolution.
SECTION 2. All statutorily-required pass-thru penalties are effective October 1, 2009.
SECTION 3. Each component of the pass-thru penalties and all portions of this
Resolution are severable. Should any individual component of any pass-thru penalty or
other provision of this Resolution be adjudicated to be invalid and unenforceable, the
Resolution No. 22588
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remaining provisions shall be and continue to be fully effective, and the fine, forfeiture,
pass-thru penalty shall be fully effective except as to that portion that has been judged
to be invalid.
SECTION 4. The City Clerk is hereby authorized and directed to incorporate said pass-
thru penalties and modifications into the City's Bail Schedule.
SECTION 5. Should the State of California modify, amend and/or add new statutorily-
required pass-thru penalties for a parking offense, the City Clerk is hereby authorized
and directed to automatically modify and adjust the Bail Schedule and further
incorporate any pass-thru penalties enacted by the State of California.
ADOPTED THIS 2ND DAY OF SEPTEMBER, 2009.
David H. Ready, Cit i er
ATTEST:
mes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22588 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 2"d day of September,
2009, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tern Mills, Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ames Thompson, City Clerk
City of Palm Springs, California P