HomeMy WebLinkAboutAGENDA REPORT 1994 0420 CC REG ITEM 08ETO:
FROM:
DATE:
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CITY OF MOORPARE
AGENDA REPORT
The Honorable City Coun(
TE.— im • •
Donald P. Reynolds Jr., Administrative Services Manager
April 11, 1994
SUBJECT: Consider In -House Parking Citation Hearing Officer
Services
The following report recommends that the City enter into agreement
to provide an in -house program for parking citation hearings.
Background
Effective July 1, 1993, the state removed itself from the local
parking citation process by adopting AB408. Parking citations
changed from being a criminal offense, to a civil violation, and
the courts were removed from the hearing process.
The City made the necessary adjustments to City codes in June,
1993. From July 1 to the present time, citations that are
protested first receive an initial review from the Moorpark Police
Department. If there are grounds for dismissal, the Police
Department will recommend to the City Manager that the citation be
dismissed. If the City Manager and, /or the Police Department do not
recommend dismissal, the violator has the option to request a
hearing or pay the citation. I:n September 1993, the City Council
agreed to enter into agreement with the 1, "ity of Thousand Oaks to
provide hearing officer services,
After presenting the draft agreement. to the Council, the City of
Thousand Oaks revised it. The City of Camarillo and Moorpark
expressed concerns about the revisions mostly due to the fact that
the agreement's termination clause was lengthened from a thirty day
notice to a ninety day notice, which had to be submitted ninety
days prior to the end of the fiscal year
Staff has additional concerns with the Thousand Oaks proposal for
hearing officer services, including; convenience to Moorpark
residents because hearings are held twice per month during work
hours at the East Valley Sheriff station; and, the cost of $30.60
exceeds the fine amount for all parking violations except the
handicap parking fine.
The cost was initially based on the proportion of each
jurisdiction's citations, to the total volume of citations heard.
The City would be in a arrangement that if a large organization
should choose not to participate with Thousand Oaks, the cost would
increase proportionately to other )ur.i.sdictions to compensate for
the lower volume of citations bei.n,;€ processed.
On February 2, 1994, staff reported the status of the hearing
officer services, and recommended that. the City develop an in -house
system.
Discussion
Staff has researched the various options that may be available to
provide a more convenient hearing service to residents at a lower
cost. The American Arbitration Association can provide a neutral
arbitrator at a cost of between $450 and $600 per day. A local
attorney is willing to provide the hearinq services at a cost not
to exceed $25 per hearing.
It is estimated that he can process four hearings per hour, at a
case load of eight hearings per quarter. Initial charges could be
paid from the City Attorney budget for special legal services
(01.4.114.643).
Recommendation
That the City Council authorize the City Manager to execute an
agreement for the City Parkinq Citation Hearing Officer Services
with Robert Couqhlon Jr., and initiate an in -house program.