HomeMy WebLinkAbout02/06/1996, C-6 - NEW PARKING CITATION LEGISLATION (AB 1228) llll�►yl►�IVIfl���IVlallull� f MEETING DATE:
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FROM: Mike McCluskey, Public Works Director
Prepared by: Keith Opalewski, Parking Manager 1r
SUBJECT: New Parking Citation Legislation (AB 1228)
CAO RECOMMENDATION:
a) establish a payment plan for citations upheld at the hearing level with a single penalty amount
of$75 or more with the full payment satisfied no later than 90 days
b) provide no community service program for any parking citation
c) adopt written policies and procedures for the processing and adjudication of parking citations
d) appoint Mr. Robert Del Pecso as the City's official Hearing Examiner
DISCUSSION:
Effective January 1, 1996, AB 1228 became law making changes to the current requirements
for the processing and adjudication of civil parking violations.
A detailed breakdown of all of the pending changes is attached (Exhibit A). However, although
many of changes pertain to the increased time allowed for contesting a citation, there are several
pertinent changes that affect the requirements for the hearing examiner and payment of the
parking penalty before and after the administrative hearing. These specific changes are:
* Requires hearing examiner to have 20 hours of training, 12 hours of relevant experience and
8 hours of prior training.
• Requires the hearing to take place within 90 days of the request
* Requires hearing examiner not to be affiliated with the issuance of parking citations
* Allows for the establishment of an installment plan to be offered for citation payment
* Requires that the contestant is notified of financial hardship option
* Option of community service
Bearing Examiner
John Madden, our current hearing examiner, will be stepping down due to his workload and
time spent (over 2 years) in the hearing examiner position. John has done very well for the City
and we truly appreciate his service in this capacity. John will continue as our hearing examiner
until a replacement is officially appointed.
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Page Two
The new law has instituted training requirements for the hearing examiner in order to provide
contestants the opportunity to go before a hearing examiner that has specific knowledge and
training to ensure the hearings are conducted in a professional and fair and impartial manner.
The law also requires that the hearing examiner is not affiliated with the issuance of parking
citations. To this end, we have identified a new hearing examiner that fully meets the intent and
requirements of the law. Mr. Robert Del Pesco has very impressive credentials
reQ ry � p ressive (Exhibit B) and
would serve the City well as our hearing examiner. Therefore, as a result of the requirements
mandated under the new law and Mr. Del Pesco's excellent background and training, staff
recommends that he be appointed as the City's Hearing Examiner for parking citation
adjudication.
I
Citation Payments
i
The law change includes the requirement that a contestant be informed (in writing) that they may
request a financial hardship waiver exempting them from the required "up front" payment before
a citation can be appealed to the hearing level as is reflected on the revised form. (Exhibit Q.
Furthermore, the new law optimally allows the issuing agency to offer installment payments for
parking citations that are upheld at the hearing level. It also allows payments to be deferred and
even allows payment to be satisfied through community service if the governing body of the
issuing agency agrees to do so.
I
Although the above options do make it much easier to contest a citation and to pay for it if it
is ultimately upheld, the new allowances also create more clerical work to document the citation
review process. Furthermore, the payment and community service options make for a long-term
commitment before a citation is fully satisfied and removed from the active file. Because of the
"paper trail" associated with the new options, staff does not support the full implementation of
these discretionary options. Based on our low penalty ($8 expired meter, $20 for loading zones
and other prohibited parking violations) establishing a payment plan or community service
program does not appear to be warranted considering the staff time and clerical processing
involved to accommodate someone who violated a Municipal or Vehicle Code parking code.
Perhaps the only time it may be considered is for a fire lane ($75) or disabled space ($275) or
bus zone ($250) parking citation. However, the number of these types of citations that are
written is very low (approximately 150 annually) and the number that are actually contested to
the administrative hearing is even lower (less than 10% annually). Therefore, devising an
adjudication program that caters to the lowest level is not necessary nor an efficient use of staff
time. Finally, the law does mandate that written polices and procedures for the adjudication of
parking citations be adopted by the governing body of the issuing agency (Exhibit D).
Recommendation
In order to meet the intent of the law, staff would propose that we establish a payment plan
policy that would only be considered under extreme financial hardship and would be approved
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at the sole discretion of the hearing examiner. The latter discretionary power is stipulated in the
new law. Furthermore, staff proposes that the payment plan only be considered for citations that
had a single penalty amount of $75 or more. Any citation with a lessor amount would be
ineligible to be considered for any type of discretionary payment option due to the low dollar
amount and increased staff time for tracking and processing. It should be noted that once a
citation is placed on hold for renewal of the vehicle registration, the penalty does not increase
any further, and payments could be paid to the DMV. So, in effect, a deferred payment plan
already exists which further supports not creating a city-approved plan for low penalty parking I
citations. Finally, staff recommends the proposed installment plan does not exceed 90 days for
the final payment. This time frame parallels the time period currently allowed by the courts
for payment of small penalties.
I
Additionally, staff would recommend not to implement the community service option because
it is discretionary and would involve extensive administration time. Assigning work,
monitoring, and following up with no shows and people who move would be very time
consuming and costly for staff to control.
Fiscal Impact
There will be no fiscal impact for implementing the law changes or appointing Mr. Robert Del
Pesco who will be working pro bono.
ALTFRNATTVF.S:
Other options could include an expanded payment plan with regards to the amount of time to pay
for the citation along with the amount which would qualify for installments or even implement
a community service program. However, given our low penalty amounts and the staff time
constraints associated with administering a program of this type, staff does not support these
options because the proposed adjudication program fully meets the current mandates as well as
the intent of the law.
exhibit A—Provisions of AB1228
exhibit B—Resume of Robert Del Pesco
exhibit C—Revised citation review form and waiver form
exhibit D—Written policies for processing citations and hearing procedures
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PROVISIONS OF AB 1228
The following are the key changes that will be implemented with AB 1228.
* Requires the hearing examiner to be independent from the parking enforcement,
collection and processing agency
* Requires the hearing examiner to have 20 hours of training, 12 hours of relevant
experience and 8 hours of prior training
* Requires the issuing agency to establish written policies and procedures and approved by
the governing body or chief executive officer of the issuing agency
* Allows the contestant to request a review (first level) within 21 days of the citations and
14 days from the notice
* Allows the contestant to request a hearing (second level) within 21 days of written
notice from the first level review, and provides the option for the person requesting the
hearing to request one continuance not to exceed 21 calendar days
* Requires the hearing to take place within 90 days of the. request
* Allows an installment plan to be offered
* Deletes administrative fees to establishing parking penalties and late penalties and
provides some flexibility regarding the annual report requested in the California Vehicle
Code
Exhibit A
ROBERT DEL PESCO
6014 Pebble Beach Way • San Luis Obispo, CA 93401 • (805) 546-9142
EMPLOYMENT HISTORY
Real Estate Investments . 1991-Present
Marine Consultant,The Fieldstone Co.,Newport Beach, California
Advised waterfront developer concerning marine related matters(2 years)
Real Estate Agent,Charter'Properties,Corona del Mar,California
Commercial real estate transactions(7 years).
Real Estate Agent,Coldwell Banker Commercial Real Estate Services, Santa Ana,California
Commercial real estate transactions.(1 year).
Deputy Commissioner, Board of Prison Terms, State of California
Worked-with Commissioners and Deputy Commissioners in the formulation of Board policy and
conducted hearings involving the term fixing and parole of serious offenders and conducted revocation
hearings of parolees who are alleged to have violated their parole. (14 years)
Parole Administrator, Department of Corrections, Parole and Community Services, .
State of California
Administered operations for eighteen (18) district parole offices in counties.of Los Angeles, Santa
Barbara,Ventura, San Luis Obispo, Kern, Mono,and Inyo. (5 months)
Chief,Community Correctional Services Division, Department of Corrections, State of California
Implemented and coordinated correctional programs; liaison with courts and other agencies; special
consultant to correctional councils and. committees; Departmental representative for Southern
California. (1'/2 years)
Parole Agent IV,Department of Corrections,Parole and Community Services, State of California
Regional Administrator of nine(9) parole offices in San Luis Obispo, Santa Barbara, Ventura, Mono, .
Inyo, Kern and West Los Angeles Counties with responsibility for approximately 2800 parolees and
100 employees. (3'/.years)
Parole Agent III, Department of Corrections, Parole and Community Services, State of California
Supervised parole office.in Santa .Barbara which encompassed tri-county area of San Luis Obispo,
Santa Barbara,and Ventura. (2 years)
Parole Agent II, Department of Corrections, Parole and Community.Services, State.of California
Agent in charge of Santa Barbara Parole Offrce.(3%years)
Parole Officer 1,Adult Authority,.State of California
Supervision and guidance of parolees released from state prisons. (2 years)
EDUCATIONICREDENTIALS
McGeorge School of Law,Sacramento,California ,
Administrative Hearing Procedure and Technique—Certificate of Completion
Masters of Arts,Criminology,Tufts University, Medford,Massachusetts
Bachelor of Arts,Psychology, Pomona College, Claremont,Califonva
California Real Estate License.
Exhibit B . .
ROBERT DEL PESCO Page Two
MILITARY SERVICE ,
United States Army Air Corps,Honorable Discharge
ASSOCIATIONS/ACTIVITIES
United StatesPowerSquadron
President,Country Club Was Homeowners Association,San Luis Obispo,California
Staff Commodore, Dolphin Yacht Club, Marina del Rey,California
Former Board Member,Spinnaker Coves Slipowners Association, Long Beach, California
Past President, Lighthouse Beachfront Homeowners Association,Marina del Rey, California
Former Member, Chaffee College Correctional Science Advisory Committee
Former Member,Salvation Army Advisory Committee, Santa Barbara,California
REQUEST _ JR ADMINISTRATIVE INV. rIGATION
(Please type or print legibly all information requested below)
Citation #: Your Name:
License Plate #: Mailing Address:
Citation Date: City:
Phone Number. State: Zip Code:
I HEREBY REQUEST an Administrative Investigation of the above parking citation for the following
reason(s):
(If more space is needed, attach'a separate sheet)
I declare under penalty of perjury that the foregoing is true and correct.
Signature: Date:
***FOR CITY USE ONLY***.
ISSUING OFFICER REMARKS: INVESTIGATION MAIL DATE:
Citation Dismissed (no further action required) /
Citation Upheld for the following reason(s) (see reverse for details):
TO PAY THE AMOUNT DUE: Remit payment immediately with a check made payable to: CITY OF SAN
LUIS OBISPO, Parking Operations, 1260 Chorro St., Suite B, San Luis Obispo, CA 93401. Include your
citation number on your check. If not paid within 21 days of the mailing of this notice, the penalties will
increase and your vehicle registration will be withheld.
TO REQUEST A REVIEW (HEARING), SEE REVERSE SIDE OF THIS FORM. Please provide your
correct name and address. Exhibit C
6-
CITY OF SAN LUIS OBJ"00
REQUEST FOR WAIVER OF PENALTY DEPOSIT
NTESTANT NAME: CITATION /i:
ADDRESS:
I hereby request a waiver of required penalty deposit and that the City proceed with the administrative hearing on my
citation for the following reasons:
Please complete the following:
1. EMPLOYMENT: 2. SUPPORTED BY: 3. PERSONS SUPPORTED:
[ ] Employed [ ] Self [ ] Self
[ ] Full-time ( ] Spouse [ ] Spouse
[ ] Part-time [ ] Parents [ ] Children (/i of)
[ ] Unemployed [ ] Welfare [ ] Other
[ ] Disabled [ ] S.S.I. [ ] TOTAL:
[ ] Student [ .] A.F.D.C.
[ ] Homemaker [ ] Unemployment
[ ] Military [ ] Other
( ] Other
Your NET Income (take home pay, welfare, etc.): $ every days.
5. If unemployed: months of unemployment Occupation
6. ASSETS (Value) 7. MONTHLY EXPENSES
Motor Vehicle(s) $ Rent/Mortgage $
Home $ Utilities $
Property $ Loans/Credit Cards $
Savings Account(s) $ Food/Clothing $
Checking Account(s) $ Transportation. $
Cash on Hand $ Medical/Dental $
All Other $ All Other $
TOTAL ASSETS . $ TOTAL EXPENSES $
I declare under penalty of perjury that the foregoing is true and correct:
CONTESTANT SIGNATURE / DATE: /
FOR CITY USE ONLY
WAIVER OF PENALTY: [ ] Granted [ ] Denied
Signature of Hearing Officer Date
(31-6 .8
AB 408 and AB 1228 MATION PROCESSING AND HEARING PROCEDURES
1. ADNE SMATIVE INVESTIGATION (Initial review)
New Tickets (Tickets written from July 1, 1993 forward)
The law requires a minimum of 21 days from the issue date or 14 days from the notice of
delinquent parking violation for a citation to be eligible for the initial administrative review.
However, in our situation we will allow the first review to take place up to the due date of the
second delinquent notice(approximately 45 days). The request for the administrative review can
be by mail, phone, or in-person. In-person review requests will be completed by the contestant.
Phone requests will be forwarded to the PEO extension (233) for follow-up or documented on
the review form by the staff person answering the phone if the contestant wants immediate
action. Mail requests will be forwarded to the issuing officer with a blank review form attached
for their response. For those citations that the PEO's dismiss over the phone, a brief statement
of what transpired should be noted on the review form and the dismissal should be processed
under the existing procedures. The mail back review forms should be filled out as complete as
possible before returning it to the contestant. A copy of all review forms, whether they are
mailed out or just filed, should be kept in the office.
Old Tickets (Written before July 1, 1993)
The Legislative Counsel has ruled that citations written before July 1, 1993, but contested after
July 1st are subject to the new civil procedures. Based on this ruling, old tickets can be
contested at any time for the initial review. If someone walks in and wants to contest an old
ticket they should fill out the review form immediately. If they call and want to contest by mail
we will send them a review form. If they absolutely want some immediate action, we could take
the information over the phone and forward the review to the issuing officer. It will be difficult
to track the 21 day deadline for old tickets, so the simplest approach for now will be to allow
the review to take place when we receive the completed form, whether it is a walk-in, phone or
a mail request. However, once the initial review is completed and returned to the complainant,
the 21 day response time to request a hearing will be strictly enforced. They also will have to
pay the full amount that is showing on record before the hearing will be granted. They too, will
be eligible for the waiver request if the citation is still showing unpaid. Final note, it is possible
to contest an old citation (before July 1, 1993) that was paid, but the person felt it was an unjust
citation.
Multiple Citations Both new and old)
If someone wants to contest multiple citations (old or new or combination of both) this will be
possible, but they must make a written statement why they want to contest each citation. If they
have one reason for contesting the citations, regardless of type, then that is their choice.
However, the more specific information they give on each citation the better their chance for a
Exhibit D
Citation processing
Page two
dismissal. A screen print of each citation should be attached to the individual review form
because each citation will be adjudicated individually. Also, they may have to attach a separate
sheet to the review form if they need more space for explaining their reason for contesting the
citation.
Waiver of Administrative Investigation
Some people may want more direct action on their parking citation and request a hearing directly
without going through the initial administrative review. We will allow this by having them sign
the administrative review form with the statement that they are waiving their option for the
"free" administrative review. Then have them follow normal hearing request procedures.
2. ADNOO STRATIVE REVIEW (Hearing)
The law states the contestant will have 21 days from the mail date of the results of their
administrative review to request an administrative hearing. In our case, we will use 22 days
from the mail date on the review form as our time period for a person to request the next step.
Also, in order to guarantee that the post mark and mail date listed on the review form match,
all reviews should be collected for the day and be mailed out with the morning mail run the
following day. A copy of the completed review form will be placed in a daily "tickler" file
which will checked each day. The ones that have not had a response within the 21 day time
limit will be pulled and placed in a master citation review file.
The hearing can be conducted completely by mail or as an in-person conference and the request
for either type of hearing can be by mail or in-person as well. The law requires payment of the
penalty due at the time of the request for a hearing before the hearing will be granted. In our
case, a request from the original ticket or the first notice of delinquent citation will be the
original penalty. If the request for a hearing is from the second notice of delinquent citation it
would be the current amount stated on the notice . If a person cannot pay the required amount
of penalty due to financial difficulties, they can seek an exemption of the required penalty via
the waiver form. The waiver forms will be forwarded to the hearing examiner who will make
the final decision to approve or deny the hearing without paying the "up front" money.
Since it will take time to consider the waiver request, the date of the waiver request will used
to determine the amount of the parking penalty that would be required if the waiver is denied
When the request for a hearing is received, including the waiver request, the citation will be
placed on "court hold" with TurboData. This will be accomplished by E-mail on the Turbo
computer each day after the morning download procedure is completed. This applies to both
placing and removing court holds. The mail-in hearings will be reviewed weekly by the hearing
examiner. All mail-in hearingswill be collected for the week and hand-carried to the hearing
examiner by 10:00am the following Monday. A hearing results form, with citation and RO
information filled out, should be attached to each mail-in hearing form. Hearing Examiner will
try to review the mail-in's by Wednesday and will notify us when they are ready to be picked-up
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Citation processing
Page three
from his office. In-person hearings will take place on Wednesdays from 1:30-3pm, in the council
hearing room. The frequency of hearings (monthly, bi-weekly, weekly) will be driven by the
demand for this type of hearing.
Once the hearing examiner makes his ruling, the results will be sent back via the official results
form and a proof of service form will be filed for each hearing that takes place. If the citation
is upheld, court hold will be removed and the payment that was received will close the citation.
If dismissed, this too will be recorded and the citation will be closed out. Refunds for dismissed
citations will be processed within 10 days.
Hearing Dates
In-person hearings will be scheduled 3-4 weeks from the date of the request. This time frame
may vary as time goes on but we will use this time period for now. However, make sure the
person has at least two weeks prior notice of the scheduled hearing date. Mail-in hearings will
be reviewed weekly, so the public should be told that they will receive a response within 2
weeks of their request date. If a person cannot make our Wednesday 1:30-3:00 hearing
schedule, then they should be directed to have a mail-in hearing or request no more than one
continuance for an in-person hearing. Note: pursuant to the law, the continuance cannot exceed
21 calendar days. A no show at an in-person hearing will forfeit their penalty and the matter
would be referred to the court for appeal.
3. HEARING PROC)®INGS
Mail-in Hearings
All mail-in requests will be collected for the week (Monday-Friday) and hand-carried to the
hearing officer the following Monday by 10:00am. Included with each mail-in hearing will be
a screen print of the citation, along with a hearing results form that has been filled out with the
registered owner's name and address and citation information (number, date, license, location,
and violation). The amount of penalty paid should also be listed on the form.
Mail-in hearings should be reviewed and completed by Wednesday of the same week. The
hearing officer will make his ruling on the citation and make a brief comment why the citation
is being upheld. The hearing officer should fill-in the actual date the hearing was conducted.
After all the mail-ins are completed, the hearing officer will contact the parking office to have
the completed hearings picked up. Parking staff will fill-in the date the results form is mailed
and complete a proof of service for the actual mail date.
All waiver requests will also be considered at the time the mail-in hearings are reviewed. The
hearing officer's determination will be indicated on the form, which will be mailed to the
contestant. If the waiver is granted, the contestant can submit his hearing request and proceed
according to the type of hearing requested. If the waiver is denied, the contestant will have 21
Citation processing
Page four
days from the denial to pay the penalty required at the time of their request. If no response is
received within this allotted time period, the citation will be removed from "court hold" and
normal processing will continue if the citation remains unpaid.
In-person Hearings
People who request an in-person hearing will be told that the actual hearing will take place in
approximately 3-4 weeks. All requests for in-person hearings will be received and held in the
parking office. Per the law, the hearing must take place no later than 90 days from the initial
request for a formal hearing.
In-person hearings will be held in the council hearing room in City Hall on Wednesdays from
1:30-3:00pm. People who have requested an in-person hearing will be sent a hearing date form
which instructs them to arrive 10 minutes early to complete required paperwork. As the
contestants arrive at the hearing room, their name will be checked off the list of people
scheduled for a hearing on that particular Wednesday. A parking staff person will function as
the hearing clerk to check people in before the hearings start. Each contestant will be given a
Statement of Rights and Responsibilities form to read and sign before the hearings begin. After
everyone has read and signed the rights form, the first person on the hearing list will be asked
to remain in the room while the rest of the contestants will be asked to wait in the hall until they
are called for their hearing.
All hearing proceedings will be tape recorded to provide confirmation of the actual hearing
testimony. At the beginning of the hearing the contestant will be asked if he/she is the
registered owner, and if not, state the reason for contesting the citation. The citation number
and violation should also be confirmed for the record. The contestant will be asked to "admit
with explanation" or "deny" the validity of the parking citation. A copy of the citation and/or
a screen print of the citation will be included with the contestant's hearing request, along with
any evidence that was submitted prior to the actual hearing.
The contestant may submit additional information(photos, Vehicle Code sections, etc.) that they
deem germane to the hearing. They may also have a witness testify on their behalf, or submit
written testimony from an eyewitness. The contestant has to show by a preponderance of
evidence that his/her statement is more probable than not that the citation in question was not
validly issued.
Upon completion of the contestant's statement, the hearing examiner should clarify any part of
the testimony and inform the contestant that his/her case will be taken under advisement and
written results will be mailed to them within 5 days. At that point the hearing proceedings will
terminate and the contestant will leave the hearing room. The hearing officer will be given a
few minutes to consider the statement of the contestant, and if possible, make a preliminary
decision on the contested citation or defer the decision until later.
Citation processing
Page five
The hearing clerk will confirm with the hearing examiner when he is ready to proceed with the
next person on the scheduled hearing list.
After all the hearings are completed, the hearing clerk will ask if any of the hearings will need
transcription in order for him to make his final ruling. If so, these will be submitted to the
hearing officer within two days of the hearing. Hearings that have been ruled on during the
hearing process will be collected by the hearing clerk to be mailed out to the contestant. The
hearing officer should make his ruling on the remaining citations by Friday of the same week.
The hearing officer should contact the parking office when the results are ready for pick up.
Parking Citation Payments
In the event that the hearing examiner desires to exercise the payment plan option for citations
that have a single penalty amount of$75 or more, the hearing examiner shall set the amount of
each installment and indicate to the contestant that the full amount of penalty shall be paid within
90 days. Pursuant to CVC 40220a, failure to fully satisfy the parking penalty will result in the
balance due at the end of 90 days to be forwarded to the Department Motor Vehicles to place
a hold on the vehicle registration until paid. Furthermore, each installment payment must be
received in the parking office no later than 2 working days after the agreed upon due date and
failure to meet the required deadline will forfeit the payment plan agreement and the remaining
balance will be forwarded to the DMV pursuant to CVC 40220a.
Compliance
The preceding polices and procedures have been established to meet the requirements of the
current legislation pertaining to the processing and adjudication of civil parking citations.
��-�3
PARKING CITATION PAYMENT AGREEMENT
I , do hereby agree to pay $ , per
(print full name)
installment for a total of$ to satisfy the parldng penalty for parldng citation
. I further agree to pay each install on the
and that the entire parldng penalty due must be fully satisfied by
I further understand that failure to meet the installment dates and/or to fully satisfy the parldng
penalty due by the above date will forfeit this agreement and the remaining balance due will be
forwarded to the Department of Motor Vehicles whereby the unpaid balance will be held against
the vehicle registration until paid.
I have read and agree to the above statement.
date
Signature
A6-/�