CITY COUNCIL ACTION REQUEST
DEPARTMENT(S)
Transportation
CEQA
Statutorily Exempt,
File No. PP17-005,
CEQA Guidelines
Section 15273 –
Rates, Tolls, Fares
and Charges,
Adjustment to
Fees, Rates and
Fares without
changes to or
expansion of
services.
COORDINATION
City Attorney’s Office,
City Manager’s Budget
Office, Planning,
Building, and Code
Enforcement
Department
Director Approval
/s/
John Ristow
COUNCIL DISTRICT(S)
Citywide
CMO Approval
7/29/25
SUBJECT: Amendment to the Schedule of Parking Penalties
RECOMMENDATION
Adopt a resolution setting forth the Schedule of Parking Penalties to establish a fine amount of $63 ($50.50 base penalty plus $12.50 State Law Surcharges) for the violation of California Vehicle Code section 4000(a), also known as Expired Registration, and to repeal Resolution No. RES2024- 264.
BASIS FOR RECOMMENDATION
During the development of the Fiscal Year 2025–2026 Adopted Operating Budget, the Department of Transportation (DOT) identified several parking enforcement initiatives designed to enhance safety, improve neighborhood quality of life, and support citywide cleanliness. DOT presented these initiatives to the City Council through the Manager’s Budget Addendum (MBA) #4, dated May 9, 2025. MBA #4 detailed DOT’s proposal to establish a dedicated parking enforcement team to proactively address violations related to expired vehicle registration through routine citywide patrols. MBA #4 was approved by City Council as part of the 2025-2026 budget.
Under the California Vehicle Code, enforcement agencies are authorized to issue parking citations or initiate immediate towing for vehicles with registration expired by more than six months. Vehicle registration fees help fund local programs that maintain transportation infrastructure, support transit improvements, and manage abandoned vehicles. Historically, the Parking Compliance Unit has not prioritized enforcement of expired vehicle registration. An analysis of 2022–2023 California Department of Motor Vehicles data indicates that at least 4,200 vehicles registered to San José zip codes have registrations lapsed by more than six months.
MBA #4 outlines an initial enforcement approach that includes issuing citations for vehicles with registrations expired between six months and one year, and towing vehicles with registrations expired beyond one year. Additionally, the Mayor’s June Budget Message for Fiscal Year 2025– 2026, which was adopted on June 10, 2025, further directed staff to implement a one-month warning period prior to issuing citations or initiating towing actions.
The Schedule of Parking Penalties Resolution, RES2024-264, requires updating to establish a fine amount for expired registration violations consistent with other local jurisdictions. To inform this recommendation, staff conducted a benchmarking analysis of current fine amounts for California COUNCIL AGENDA: 8/12/25
FILE: 25-798
ITEM: 2.13
Vehicle Code Section 4000(a) violations in comparable California cities, as summarized in the table below.
BASIS FOR RECOMMENDATION CONTINUED
City BENCHMARKED FINE AMOUNT
Los Angeles $ 50.00
Oakland N/A *
Sacramento $ 115.00
San Francisco $ 209.00
Santa Cruz $ 76.00
*Oakland is not currently issuing citations for California Vehicle Code 4000a violations
To continue to ensure parking fines are not overly punitive or cause financial hardship, staff recommends setting the fine toward the lower end of the benchmarked fine range at $63, which includes a base fine of $50.50 plus a $12.50 State Law Surcharge. Staff estimates that the fine amount will generate an additional $55,000 in collected citation revenue in Fiscal Year 2025-2026.
COMMISSION RECOMMENDATION AND INPUT
No commission recommendation or input is associated with this action.
COST AND FUNDING SOURCE
There are no cost implications associated with this action. The revenue estimate of $55,000 associated with this fee has been included in the estimate for revenue from Fines, Forfeitures, and Penalties in the 2025-2026 Adopted Operating Budget. The 2025-2026 Adopted Operating Budget was approved on June 10, 2025 and adopted on June 17, 2025 by the City Council.
FOR QUESTIONS CONTACT: Heather Hoshii, Deputy Director of the Department of Transportation, at [email protected].