HomeMy WebLinkAboutAGENDA REPORT 1994 0202 CC REG ITEM 08GCITY OF MOORPARK
AGENDA REPORT
TO: The Honorable City Council
FROM: Donald P. Reynolds Jr., Administrative
DATE: January 25, 1994
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SUBJECT: Consider Options to the Parking Citation Hearing Officer
Services
Update /Summary
The Hearing Officer agreement with Thousand Oaks received
significant modifications after its original presentation to the
Council on September 22, 1993. Due to the potential liabilities in
the Thousand Oaks agreement, and because of the relatively high
cost of this service to Moorpark, staff would like to pursue
options to the Thousand Oaks service for providing hearings for
contested parking citations in the future.
Background
On September 22, 1993, the Council adopted a procedural manual for
the parking citation hearing officer, and approved the concept of
the City entering into agreement with the City of Thousand Oaks to
perform this service. The agreement presented to the Council gave
the City the ability to terminate this arrangement within thirty
(30 ) at any time, and within sixty ( 60 ) days of the agreement's
automatic renewal in July, 1994.
Based upon a history of 1992/93 transactions for all participating
agencies, Thousand Oaks divided the costs for the hearing services
on a percentage basis, plus $12 per citation (as arranged for
compensation to the hearing officer). In fiscal year 1992/93, of
1,356 citations issued in Moorpark, 57 persons requested a court
hearing to contest their citations. Moorpark's pro -rata share is
therefore, 2.7 %. Attachment "A" shows the participating agencies,
and their pro -rata share of the cost. These costs would be
adjusted after each quarter based upon the actual activity for each
agency.
As presented to the Council in September, the cost of a hearing for
one citation is $12.00 for the hearing officer plus $18.60 for
administrative overhead, for a total cost of $30.60 per hearing.
This results in a loss of $5.60 if the person was found liable for
the violation, ($5.00 is sent to the County for each person who
pays for a citation) and $30.60 if the person was found "not
liable ". It was justified by staff that the low volume of hearings
would not result in an impact to the City's revenue that was
significant enough to justify increasing citation bail amounts.
The original agreement was approved by the Council subject to
modifications deemed necessary by the City Manager and City
Attorney. The Mayor will be asked to execute the agreement within
the next week.
Discussion
In October, 1993, the City received an amended version of the
agreement from Thousand Oaks. Significant changes were made
without the City's input. These changes include a ninety day
termination requirement, and a clause allowing Thousand Oaks to
adjust the pro -rata share of costs to all agencies if a
participating agency removed itself from the process.
The ninety day termination requirement is not practical to
participating agencies. If the City does not terminate the
agreement by March 31, 1994, the agreement will be renewed
automatically for another twelve month period beginning July 1.
Costs of the program for the quarter ending March 31, would not be
available from Thousand Oaks in time to include these facts in
consideration of a possible termination. Because all other
agencies agreed to participate under these terms, Thousand Oaks was
not open to making amendments to the agreement for Moorpark, (or
for Camarillo which expressed the same concern).
Attachment "B" is Camarillo's transmittal letter of the agreement
to Thousand Oaks, which states that if the termination clause is
not amended, that Camarillo will not participate in fiscal year
1994/95. Other important concerns are also addressed in
Camarillo's letter. It is too early in the process to know if
Thousand Oaks will be open to making changes to the agreement for
the new fiscal year.
As anticipated by staff, the number of hearings requested thus far,
is less than the projected number of 57. Between July and
December, 1993, three persons requested hearings. However, in the
month of January, five additional hearings were requested for a
total of eight. Staff delayed implementing the agreement because
demand was low, and the changes made by Thousand Oaks are
significant.
The City Manager requested the Mayor to execute the agreement to
address current needs while other options are being evaluated.
Like Camarillo, the City sent a notice to cancel these services if
changes to the agreement were not implemented for the upcoming
fiscal year. This allows the City several months to consider
options for the service, (includinq continuing services with
Thousand Oaks).
Options
Staff has been evaluating options to the current hearing officer
services for the past two months. These include a cooperative
arrangement with Moorpark College, perhaps joining with Camarillo,
and the possibility of assigning a Moorpark representative to
conduct hearings.
After meeting with Ventura County Community College District
representatives and a representative of the Moorpark College Police
in December, staff determined that the District had very little
interest due to the differences in parking laws between the two
agencies.
An option to provide in -house hearings could perhaps be the
simplest procedure for the citizens, as well as being less
expensive for the City. Using the adopted hearing manual and the
request for proposals used by Thousand Oaks, the City could recruit
a contract "Hearing Officer ", have complete control of the time
and location of the hearings, and save the overhead expenses.
The City of Camarillo has not received a cost from Thousand Oaks
for the quarter ending December 31, 1993. Therefore, no decisions
have been made as to how Camarillo will provide this service in
fiscal year 1994/95.
In one month, staff anticipates that it will have sufficient
information to completely evaluate these options. Therefore, staff
is requesting that the Council authorize staff to pursue these
options, and prepare a report on the findings of the research for
the March meeting agenda.
Recommendation
That the City Council authorize staff to explore options for
providing the parking citation hearing officer services (including
remaining with the City of Thousand Oaks) and express to Camarillo
a willingness to establish a joint service between the two cities.
Attachments A) Projected Cost (September 1993) for Thousand
Oaks Hearing Officer Services
B) City of Camarillo's Concerns with the Hearing
Officer Agreement
3
PARKING CITATION ADMINISTRATION
HEARING OFFICER & SUPPORT STAFF
COSTS AND ALLOCATIONS
The above volume is based on 1992 figures supplied during survey conducted by the City of Ojai. Administrative Costs are based
on Customer Service Clerk, $14.25/hr, 40 hr /week plus 30% benefits plus 10% administrative overhead. Volume and costs will be
reviewed quarterly and will be subject to change based on Agency participation.
HEARING
ADMIN
ANTICIPATED
OFFICER
SUPPORT
TOTAL
a
AGENCY
VOLUME
PERCENTAGE
COSTS
COSTS
COSTS
y
a
CITY OF CAMARILLO
80
3.5%
$960
$1,484
$2,444
x
z
CRPD
11
0.5%
$132
$212
$344
y
CITY OF MOORPARK
57
2.5%
$684
$1,060
$1,744
a
CITY OF OXNARD
280
12.3%
$3,360
$5,213
$8,573
CITY OF SIMI VALLEY
106
4.7%
$1,272
$1,992
$3,264
CITY OF THOUSAND OAKS
524
23.1%
$6,288
$9,791
$16,079
CITY OF VENTURA
512
22.6%
$6,144
$9,579
$15,723
COUNTY OF VENTURA
700
30.8%
$8,400
_$13,055
$21,455
TOTAL YEARLY CASES /COSTS
2270
100.0%
$27,240
$42,386
$69,626
The above volume is based on 1992 figures supplied during survey conducted by the City of Ojai. Administrative Costs are based
on Customer Service Clerk, $14.25/hr, 40 hr /week plus 30% benefits plus 10% administrative overhead. Volume and costs will be
reviewed quarterly and will be subject to change based on Agency participation.
01 -12 -1994 17:53
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805 3885318 C.1 -V Of CAMARILLO P.01
ATTACHMENT R
GBa� • Camari Cr1�
City of Thousand Oaks
City Attorney's Office
2400 Willow Lane
Thousand Oaks, CA 91361 -4956
. Attention: Ms. Nancy Schreiner
Dear Ms. Schreiner
POst•It° brand fax transmittal memo 7871 rorP.o..
J
Enclosed please find two signed copies of the Agreement for Professional Administrative
Services between the City of Thousand Oaks and the City of Camarillo for Parking
Administrative Hearing Services. Please have the appropriate officials from Thousand
Oaks sign them and send one fully executed copy back to the City of Camarillo for our
records.
This Agreement Is being signed prior to the satisfactory resolution of certain issues,
specifically as follows:
1) Although we understand the need for Thousand Oaks to be able to rely on
participants for the ensuing fiscal year, we would like to see the 90-day
notice of non - renewal of the contract reduced to 60 days.
2) We also would like to see some kind of notification procedure set up so that
each of the participating agencies are made aware when any of the other
agencies opt out of the program. This allows us to more easily ascertain
the costs we might incur by staying in the program.
3) We would like to see an oversight committee established so that, on a
regular basis, issues can be discussed among all of the pl3rUdpants. This
discussion would Include such issues as the hourly rate being charged for
the clerical person working In the program, increased workloads, etc.
4) We would like clarification of the meaning of Hold Harmless, Defense and
Indemnity, 6(a)(2) which discusses "Public Agency's [Camarillo's]
Performance ". Since Camarillo is not providing a service, we are not sure
to which services this refers.
-I'-) I
JAN 12 194 17:03 805 3885318 PAGE.001
01 -12 -1994 17:53 805 3885318 CITY OF CAMARILLO P.02
Thousand Oaks
October 20, 1993
Page 2
Even though it has not been specifically been addressed In the contract, we have been
assured • by the Thousand Oaks Director of Rnance that the clerical support person
assigned to this project will only work on this program for the duration each week which
will be sufficient to get the job done and not necessarily the full 40 hours. This becomes
even more critical if any of the major participants drop out of the program.
Please be further advised that this letter Is to serve as the 90-day notice that the City of
Camarillo will not participate in the program beyond June 30, 1694 unless these Issues
can satisfactorily by resolved. The City of Camarillo looks forward to working with the
City of Thousand Oaks and to the sucoessfui Implementation of this Important program.
Please call Anita Bingham at (805) 388 -5320 If you have any questions.
cerely,
r
J. V1Alliam Little
City Manager
cc: Director of Finance
City Attorney
JAN 12 '94 17:04 805 3885318 PAGE.002