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Home My WebLink About4.07 Surcharge for Delinquent Parking Tickets CITY OF DUBLIN ��✓�Q AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 10, 1986 . SUBJECT Request for Surcharge on Delinquent Parking Tickets EXHIBITS ATTACHED Letters from Court Clerk/Administrator dated August 11, 1986 and August 25, 1986; Resolution Approving Agreement RECOMMENDATION Adopt Resolution FINANCIAL STATEMENT: The agreement will not reduce the anticipated $48, 000 to be received from citations . It will provide additional funding to the County. DESCRIPTION Representatives of the Police Department, City Attorney' s Office and City Manager ' s Office met with the Livermore- Pleasanton Municipal Court Administrator to discuss the handling of parking citations . The Court Administrator has expressed a concern over the cost to process parking citations. The current process is explained in the attachment to Mr. Alexander ' s letter dated August 11, :_1986. The process involves providing the registered owner with a courtesy notice. The notice requests payment or scheduling of a court date within 30 days. The letter dated August 25, 1986 notes a change made effective October 6, 1986 . The change was enacted by the judges and will double the bail amount due if the registered owner does not respond to the courtesy notice . The registered owner is then sent a second notice indicating that if the bail is not paid in 30 days, a hold will be placed - on the vehicle registration at the Department of Motor Vehicles . This action would prevent the individual from receiving their annual i.icense tags , until - the outstanding bail is paid. If the individual does not respond, the court must prepare a complaint to be signed by the District Attorney and process the DMV hold. The proposal by the Court would place an additional surcharge of $10 . 00 on any citation in which a DMV hold is placed. As noted above, the process required to place the hold results in additional court costs . Therefore, the proposed agreement would provide the County with the entire $10 . 00 surcharge. All other parking citation revenue is shared between the County and the City. The City receives 79 percent and the County receives 21 percent. with the passage of this agreement, the percentage sharing of all bail would continue, with the exception of the $10 . 00 surcharge . The Court Administrator has indicated that the other jurisdictions have adopted similar agreements . The Assistant City Attorney requested minor modifications to the original proposal discussed with Mr. Alexander . The County has agreed to these changes, which specify the City' s authority to terminate the agreement and designate the last $10. 00 collected as revenue for the County. Staff recommends that the City Council adopt the Resolution authorizing the Mayor to execute the agreement. ---------------------------------------------------------------------------- COPIES TO: ITEM NO. �+ 40JN`+ 01 MUNICIPAL COURT LIVERMORE-PLEASANTON JUDICIAL DISTRICT - 39 SO. LIVERMORE AVENUE, P.O. BOX 2300 LIVERMORE, CALIFORNIA 94550 � lifON N� August 11 , -1986 Elizabeth H. Silver, Attorney At Law Meyers, Riback & Silver 835 E. 14th Street San Leandro, CA 94577 �� Q-t.- _ Dear Ms. Silver: Thank you for meeting with me concerning this court's request concerning the distribution of funds -collected on delinquent parking citations. Enclosed as Attachment A is our specific request. Also attached is a copy of the agreement form I sent to our County Counsel requesting their approval or modifications. I have not as yet received a reply from them. This is Attachment B. Also attached are the various parking and local ordinance bail schedules for our different cities and agencies. If you have any further questions , please_ contact me at any time at 447-5393. Very truly yours, l NIP27 , Michael Alexander Clerk/Administrator cc: Paul S. Rankin, Assistant to the City Manager Lt. John. Severini , Chief of Police r, ATTACHMENT "A". COURT. PROPOSAL Current Procedure for Processing Parking Citations Currently, a citation is issued for a parking offense by the City of Police Department. The .Police Department delivers the citation to the court after first obtaining the register owner in- formation. The court enters the citation information into the court's computer system, and a courtesy notice is sent to the registered owner. The courtesy notice contains the bail information, and information on obtaining a court appearance date and .time if desired. There is a Due Date on the courtesy notice which is 30 days after the citation is received by the court. If the citation is paid, or a court appearance scheduled, within the 30 day period and before the Due Date,. the citation is completed. If there is no response to the court -from the defendant by the Due Date, the court generates another notice. This second notice informs the defendant that unless the matter is taken care of by the second Due Date, that the bail will be doubled and a hold will be placed on the vehicle registration at the Department of Motor Vehicles . The second Due Date is an additional 30 days in the future. If there is no response to the second notice, the court does prepaie a complaint to be signed. by the"'District Attorney and the Court, doubles the bail, and places the hold against the vehicle re- gistration with DMV. Any funds collected on these citations at any stage of the pro- ceedings are apportioned all % to the County, and '41 % to the City Of Proposal The Court is proposing that when the bail. is doubled and the hold placed on the vehicle registration at DMV, that the bail be increased by another $10 . 00 , with all $10 .00 being apportioned to the County. The proposal will not result in any lost revenue to the City. The proposal will result in added revenue .to the County, revenue that is needed to offset the cost to the Court of processing these parking citations . As noted above , the court is mailing two notices to each defendant prior to a hold being placed on the registration and the bail being doubled. In addition, the court is creating a complaint before the action is taken. We are able to accomplish these tasks relatively easy due to our computer system. However, these tasks are the respon- sibility of the citing agency, and the added funds will assist in offsetting our costs for clerical time, ,:computer costs and postage. • �ZV OF 4lgM - MUNICIPAL COURT LIVERMORE-PLEASANTON JUDICIAL.DISTRICT 39 50. LIVERMORE AVENUE, P.O. BOX 2300 - LIVERMORE, CALIFORNIA 94550 �4LIi ON NAP August 25, 1986 Paul S. Rankin, Assistant to the City Manager City of Dublin 6500 Dublin Blvd, Suite 101 Dublin, California Dear Mr. Rankin: Please be advised that the judges of this court have made a change in the bail schedule for parking matters. -. Currently, . our procedure. is to double the bail amount at the time that a hold is placed on the vehicle registration for delinquent parking citations. The judges have approved doubling this bail amount at the time that the notice of intent to place the hold is mailed to the defendants. This change should result in slightly higher revenues. Due to the changes that need to be made to our traffic system, this bail change will be effective as of October 6, 1986. Very truly yours, Michael Alexander Clerk/Administrator cc: Lt. John Severini RESOLUTION NO. - 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************** APPROVING AGREEMENT WITH ALAMEDA COUNTY FOR ESTABLISHMENT OF A BAIL INCREASE ON DELINQUENT PARKING CITATIONS AND DISTRIBUTION OF FUNDS COLLECTED WHEREAS, Alameda County Municipal Court system handles the processing of the parking citations issued by the City of Dublin; and WHEREAS, delinquent parking citations can be collected by placing a hold against the vehicle registration with the Department of Motor Vehicles; and WHEREAS, the County does incur costs in processing parking citations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin .does hereby approve the agreement attached hereto and made a part hereof. BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to execute the agreement and directs the City Clerk to provide executed copies to County Officials . PASSED, APPROVED AND ADOPTED this 10th day of November, 1986. AYES : NOES : ABSENT: Mayor ATTEST: City Clerk AGREEMENT THIS AGREEMENT made and entered into. this day of October, 1986, by and between the CITY OF DUBLIN, a municipal corporation, first .party, hereinafter called City, and the COUNTY OF ALAMEDA, a political subdivision of the State of California, second party, hereinafter called County. WITNESSETH: WHEREAS, the county does process parking citations issued by City, including the sending of all notices required by Section 41103 (a) (2 ) of the Vehicle Code of California, and the issuing of a complaint to place a hold against the vehicle registration pursuant to Section 41103 (b) of the Vehicle Code of California, and WHEREAS, the County does incur some -cost in clerical work, Data Processing costs; and postage. NOW, THEREFORE, for and in consideration of the mutaul promises herein contained, the parties hereto agree as follows: 1. City shall request that the Judges of the Municipal Court for the Livermore-Pleasanton Judicial District increase the bail by $10.00 on delinquent parking citations issued by City when a hold has been placed against the vehicle registration pursuant to Section 41103 (b) of the Vehicle Code of California. 2. Notwithstanding the provisions of .Section;'.1463 of the Penal Code of California, of the monies collected for parking citations issued by City wherein a hold has been placed against the vehicle registration pursuant to Section 41103 (b) of the Vehicle Code of California, the last $10.00 will be apportioned 100% to County. 3. This agreement may be terminated by City upon 90 day' s written notice to County. Following termination, all monies collected for parking citations issued by City shall be apportioned pursuant to Penal Code § 1463 . IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals by their officers, thereunto duly authorized, the day and year first above written. CITY OF DUBLIN COUNTY OF ALAMEDA By By Mayor Chairman, Board of Supervisors Approved as to form: Approved as to form and legality: By By City Attorney Assistant County Counsel