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02
City of Pleasanton
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CITY CLERK
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2009
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060209
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02
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5/29/2009 1:29:54 PM
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5/29/2009 1:29:53 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
6/2/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
02
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the amount ($1.50) collected under Gov. Code §76100. Prior to SB 1407, the total <br /> penalty that Pleasanton paid the County was $5.00 per parking citation collected. <br /> SB 1407 increased the state courthouse construction penalty from $1.50 to $4.50 and <br /> the $1.50 offset previously authorized by Gov. Code §70375 was eliminated. As a <br /> result, the total penalty per parking citation (collected) to be remitted to the County is <br /> now $9.50. <br /> Administrative Costs <br /> Because the parking citation penalties have not been revised since 1993, staff <br /> performed a comprehensive review of parking citation penalties, including the <br /> administrative cost component. There are a number of sources for administrative costs <br /> throughout the parking citation program. The Police Department investigates parking <br /> violations, issues citations, processes parking citations, and provides an initial <br /> administrative review of contested citations. The Finance Department tracks each <br /> parking citation, coordinates payments with the City's parking citation payment <br /> processing contractor (Phoenix Group), coordinates monthly installment payments for <br /> some citations, works with the Department of Motor Vehicles on vehicle registration <br /> holds due to delinquent payments, and oversees funds relating to parking penalties. <br /> The Phoenix Group also tracks each parking citation and collects parking penalties. <br /> The City pays Phoenix Group approximately $1.30 per parking citation processed. Staff <br /> is recommending that all of these administrative costs be included in the parking <br /> penalties. <br /> The City and Phoenix Group also spend additional time and resources processing <br /> delinquent citation penalties. In 1993, the City Council established a delinquent penalty <br /> of 100% of the fine to encourage timely payment of parking fines. Staff is not <br /> recommending that the delinquent penalty be revised. <br /> The California Vehicle Code provides that a parking citation may be contested and <br /> initially reviewed by a Police Department supervisor. There is no charge for this initial <br /> review. If the contestant is dissatisfied with the decision, the contestant may seek <br /> further review of the citation by a hearing officer at an administrative hearing. A pre <br /> penalty deposit is required for this review, but waivers may be granted upon satisfactory <br /> proof of inability to pay the amount due. An individual may seek a third and final review <br /> by appealing the case to the Superior Court. Although the Police Department, City <br /> Clerk's Office and City Attorney's Office are involved in various stages of a citation's <br /> review and adjudication, and the prosecution of these citations can be costly because of <br /> the time and resources spent on each case, at this time, staff is not recommending <br /> including the cost of these reviews in the parking penalties. <br /> Page 3 of 6 <br />
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