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HomeMy WebLinkAboutAGENDA REPORT 2013 0605 CCSA REG ITEM 10G ITEM 10.G. City Council Meeting MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council � - FROM: David A. Bobardt, Community Development Director Prepared By: Joseph R. Vacca, Principal Planner—/'- � i DATE: May 15, 2013 (CC Meeting of 06/0512013) SUBJECT: Consider Refund for Parking Citation No. 248405 BACKGROUND / DISCUSSION On December 13, 2012, Ms. Melinda Yawn was issued a Notice of Illegal Parking Citation No. 248405, for blocking a sidewalk curb cutout for a wheelchair access. Below is a synopsis of the appeal process on this parking citation. • On January 9, 2013, Ms. Yawn submitted an "Initial Review of Parking Citation" form, indicating that her car was moved across the street from her home to avoid being ticketed due to street sweeping on their side of the street. • On January 30, 2013, a letter was sent to Ms. Yawn indicating that the Moorpark Police Department had completed an administrative review, and had determined that she was liable for the parking violation as issued on the original citation, and payment of a $58.00 fine was required by March 20, 2013. • After the finding of liability, Ms. Yawn called to request an Administrative Hearing and wanted payment of the fine to be placed in abeyance while her appeal request was being considered. On February 26, 2013, Ms. Yawn submitted a letter to the City Manager requesting a waiver on payment of fine prior to participating in an Administrative Hearing. The waiver was granted that day by the City Manager. Ms. Yawn was contacted by City staff, and a tentative date for an Administrative Hearing was arranged to be held on April 3, 2013. Ms. Yawn was advised that written confirmation would be mailed to her to verify the actual Administrative Hearing date and time. The City staff person arranging the hearing subsequently went on an unplanned leave; written confirmation of the April 3, 2013 Administrative Hearing was never sent. 465 Honorable City Council June 5, 2013 Page 2 • On April 3, 2013, Ms. Yawn arrived at City Hall to participate in the Administrative Hearing. The hearing officer had not been contacted to hold hearings on that day and did not come to City Hall. Ms. Yawn waited about one hour before she left. • On April 22, 2013, Ms. Yawn was called by City staff and a letter was sent confirming a new appointment for an Administrative Hearing for May 1, 2013. The letter indicated per Ms. Yawn's request that the hearing would be determined based on her written submissions since she opted not to be present at the hearing. • On May 8, 2013, a letter was sent to Ms. Yawn indicating that the Administrative Hearing Officer reviewed the appeal and determined that she was liable for the citation, and payment of fine was required by May 29, 2013. Ms. Yawn has requested that the City find her not liable for the citation due to the miscommunication on the hearing date. This request does not meet the criteria in the recently adopted "Review of Parking Citation Appeals" Council Policy 7.9, however, staff supports a refund of the $58.00 fine due to the inconvenience in the appeal process related to the miscommunication described above. FISCAL IMPACT Loss of receipt of$58.00 fine. STAFF RECOMMENDATION Direct staff to refund the $58.00 fine for Parking Citation No. 248405. SACommunity Development\PARKING CITATIONS\Agenda Reports\cc agenda report parking citation appeal Melinda Yawn_Final 130605.doc 466