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HomeMy WebLinkAboutAGENDA REPORT 1993 0922 CC REG ITEM 11FITEM CITY OF MOORPARK :,c-110 -N AGENDA REPORT ;'y TO: The Honorable City Council FROM Donald P. Reynolds Jr., Administrative Servicesljz�pager DATE September 15, 1993 (CC. Mtg. 9/22/93) SUBJ CT: Consider Agreement for an Administrative Hearing Officer with the City of Thousand Oaks, and City Administrative Hearing Manual for the Parking Citation Program Established by AB408 Atta hed is a draft agreement (Attachment "A") which when executed will provide mechanism for administrative hearings for persons prot sting parking citations written in Moorpark. A manual for the admi istrative process associated with parking citations, as mand ted by AB408, has been provided under separate cover but is refe enced as Attachment "B" in this report. Staff is providing thes documents for the Council's consideration in order to impl ment these programs in compliance with state law. On Jane 16, 1993, staff reported the status and need for changes in the parking citation program in order to comply with AB408 (effective July 1, 1993). AB408 is the legislation that changed park ng citations from a criminal offense to a civil offense, and removed parking citations from the court system. Orig pally, it was the understanding of the cities in Ventura County that the courts would continue to hold hearings for those cont sting citations until December 31, 1993, but in June, it was real zed that the procedure needed to be implemented immediately. Therefore, the City adopted an ordinance that "de- criminalized" park ng citations, allowing procedural changes to occur as needed. In J ly, staff established procedures in order to implement the requ rements of AB408, up to the point of scheduling hearings. The new civil procedures define the time limits associated with protesting citations (contest a citation within 21 days of rece ving it, request a hearing within 15 days of receiving the firs notice), and define how a citation will be contested. All requests for hearings have been placed on hold until the cities of TILousand Oaks, Simi Valley, Camarillo, Oxnard and Ventura could decide on how to arrange a hearing process. After several meet ngs, it was decided that Thousand Oaks with input from the other jurisdictions, would establish a hearing procedure, recruit for hearing officer, enter into agreement with the officer, and then contract the service to other agencies that wish to participate. Beca se Thousand Oaks currently acts as the City's contractor for sending delinquent notices and interfacing with the Department of Motor Vehicles, it seemed logical that the City would enter into agreement for the Administrative Hearing Officer services as well. Initially, ally, it was proposed that the City would be charged for these ser ces at a rate of $12 per hearing, plus a share of the admi istration associated with the process. In 1)92, 1,356 parking citations were issued and 57 of these were cont sted and sent to the court for further review. Typically, the contested citations were sent directly to the courts without an admi istrative review by staff. They could be protested in person, or tail could be posted and the citation could be protested in writling. All of the City's bail amounts for citations is $30 except the han 'cap parking violation which is $280. The City is required to sen $5 of this amount to the County. As of July, 1, 1993, all citations receive an "initial review" prior to be being referred to a hearing officer. The "initial review" acts as the original tool used by the City for dismissal of a citation perceived to be the fault of City staff, or subject to unusual circumstances which were not the fault of the driver. Like the original procedure, the City Manager and the Chief of Police hav to agree as to why a citation is dismissed. If the person is fou to be liable, a "first" notice is sent by the City. This process has significantly reduced the number of hearings scheduled by persons contesting a citation. Out of 34 citations contested since July 1, there are currently three citations on hold to be scheduled for hearings, which in a general sense, would equal approximately 10 ten hearings per year. The busiest month for cit ions corresponds with the beginning of the fall semester at Moo ark Community College, and some of the contested citations rec tly considered from this month are still being processed. e Att hment "B" is the draft manual for establishing a parking citation administrative hearing procedure. This manual is identical to the one adopted by Thousand Oaks, except for some minor amendments applicable to City laws and procedures. It was originally drafted by students at U.C.L.A. and provided to the City of Ios Angeles to consider for adoption. Currently, Los Angeles, U.C.L.A. and Thousand Oaks are using the manual. Adopting a procedural manual is part of the AB408 mandate, and would be relied upor by staff providing customer service to citizens who contact Cit Hall, and could also be implemented if the City chooses to enter into its own administrative hearing process. Approximately one month ago, the City of Thousand Oaks concluded its recruitment for a hearing officer. Two candidates were selected, one acting primarily as a back -up. Both candidates are pri r employees of local police /sheriff forces and are therefore familiar with local parking citations practices. They are required to Aollow those procedures outlined in the Manual. On Tuesday, September 7, the City of Thousand Oaks completed contracts for the services of the officers, and gained Council approval of the draft agreement between Thousand Oaks and other cities, as provided in Attachment "A ". On Wednesday, September 15, the City of Thousand Oaks began its first hearings with a schedule of 0 citations to be considered. In Moorpark, it is proposed that the process for scheduling hearings involve receiving a request for a hearing within 15 days of tie date that the first notice is mailed (as required by AB408). That request is accompanied by a check for the bail amount, (unless a lesser amount is agreed to between staff and the citizen). The per n can contest in writing or in person, but pursuant to AB408, bai is required in advance in either case. The bail would then be dep ited in the City's trust fund and staff would then schedule the earing. CurrBntly, hearings are being held every other Tuesday at the East Vall y Sheriff Station. Hearings are to be scheduled two weeks in adva ce, and cannot be changed unless a written request by the citizen is sent to the City of Thousand Oaks, (the administering age y). A packet is created for the citation including the initial review form, the first notice and any additional info mation received from the person contesting the citation, and is p ovided to the Thousand Oaks hearing officer. When completed, the hearing officer records the outcome on the back of tie initial review form, returns the materials to the City, and Thousand Oaks generates a letter either dismissing the citation or explaining that the person continues to be liable. A finding of "lia le" by the hearing officer results in two letters which explains that the City will retain the deposit, and also describes the person's right to arrange for a civil court hearing. It is the sole responsibility of the citizen to arrange for the civil court hearing, pay the fees and summon the City to appear. At this time, it s ems unlikely that a citation will develop to this status. 3 The draft agreement provided in Attachment "A" has not been reviewed by the City Attorney, but has undergone significant changes stemming from requests by other jurisdictions. As previously mentioned, staff's estimation of the hearing needs for Moo ark are less than estimated by Thousand Oaks, but Thousand Oaks will be reviewing work loads and the cost of the admi istrative staff and making adjustments on a quarterly basis as nee d (page 2, Section 3 "Compensation and Payment ") . The cost to the ity is estimated to be $1,744, as described in "Exhibit "A" to Att hment "A ". This cost includes the twelve dollar fee per cit ion from the hearing officer, and Thousand Oaks' anticipated exp ses which are based upon 1992 statistics. On tie surface, it appears as though the City will expend more than the Dail amount for a protested citation with a bail amount of $30. Using the figures in Exhibit "A" to the Agreement, it will cost $12 for the hearing officer and $18.60 for administration, when subtracting $5 for the County, (associated with a finding of 'Ilia le" only), the City looses $5.60 per citation if liable. If the erson is found "not liable" by the hearing officer, than the City would loose $.60. For this reason, staff anticipated the need to increase bail amou is for citations to include these costs, however, based on the esti ated number of hearings the City will have during the fiscal year, this imbalance has a very minor impact on the overall revenue gain d by the citation program. Based on 1,356 citations, the City can nticipate receiving a revenue of $25 per citation which equals $33, 00, (approximately 10% are for $280, but a another 10% are unco lectible). When weighed against the fact that approximately 10 cita ions will receive a hearing, the amount is insignificant, (app oximately 1% of the revenue) . Overall, the cost of $1,744 spre d to 1,356 citations would equal a bail amount increase of abou $1.27 per citation. After adjustments are made based on actu 1 hearings scheduled, this amount may drop below $.50 per cita ion. In January, staff will evaluate the need to make bail adju tments for this service. Staff's recommendation allows for City Manager and City Attorney to make adjustments to the agreement if needed, because more time is required by both to consider the details. The intent of the agreement will not change, and is subject to additional changes if needed, prior to being renewed in June, 1994. Summary Staff has provided the Council with a brief overview of the current AB403 procedures being practiced, and those planned to be practiced for he administration of a citation hearing program. By executing 4 the greement and adopting the procedural manual, the Council will hav provided the final steps needed to complete this transition. That the City Council authorize the Mayor to execute the Agreement provided in Attachment "A ", subject to final approval of the City Manager and City Attorney, and adopt the proposed Administrative Hearing Procedural Manual for parking citations for the City of Moorpark provided in Attachment "B ". Att hments: A) Proposed Agreement for Services between the City of Thousand Oaks and Moorpark with projected costs for these services presented as "Exhibit "A" to this Agreement B) Administrative Procedural Manual for AB408 5 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 AGENCY _ VOLUME PERCENTAGE COSTS COSTS COSTS CITY OF CAMARILLO 80 3.5% $960 $1,484 $2,444 CRPD 11 0.5% $132 $212 $344 CITY OF MOORPARK 57 2.5% $684 $1,060 $1,744 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. Administrative Hearing Process - Clerical Staff Scheduling Hearing Dates and Times 3 m n x 2270 cases = 6,810 min = 113.5 hours /yr = 2.2 hrs /wk Pap rwork processing - receiving /returning, reviewing, organizing 8 m n x 2270 cases = 18,160 min = 302.67 hrs /yr = 5.8 hrs /wk Res onse Letters /envelope preparation, xeroxing, mailing 17 in x 2270 cases = 38,590 min = 643.2 hrs /yr = 12.5 hrs /wk Computer input (hearing results) 11 min x 2270 cases = 24,970 min = 416.17 hrs /yr = Att nding Hearings scheduled 1 d y /week @ 8.5 hrs per day = (actual hearings 8 hrs plus setup & packet transport) Courier to Agencies -Pick up /Drop off Case Files = HOURS FOR HEARING OFFICER ADMIN SUPPORT = 8.0 hrs /wk 8.5 hrs /wk 3.0 hrs /wk 40.0 hrs /wk The above figures are based on the survey conducted by the City of Ojai -- 1550 cases were processed through the court in 1992 (T. O., Camarillo, Ventura, Simi Valley, Moorpark, Oxnard, County of Ventura and CRPD). and ref( "Put dec the pro I. eng< acc( 2. AN AGREEMENT FOR PROFESSIONAL ADMINISTRATIVE SERVICES BETWEEN THE CITY OF THOUSAND OAKS AND CITY OF THIS AGREEMENT, made and entered into between the CITY OF THOUSAND OAKS, a rred to as "City "), and lic Agency "). this day of September, 1993, by municipal corporation (hereinafter (hereinafter referred to as WHEREAS, AB 408, enacted in 1992, became effective July 1, 1993, iminalizing parking violations and requiring public agencies to administer ) aaking violation program through administrative reviews and other required ?dures. The City and Public Agency agree as follows: RETENTION The Public Agency hereby retains the City, and the City hereby accepts such lement to provide the services of an Administrative Hearing Officer, and the npanying administrative support services described in section 2. DESCRIPTION OF SERVICES The services to be performed by City and/or its Administrative Hearing Offi er are as follows: The City and its Administrative Hearing Officer shall perform all necessary duties for the proper administration of scheduling, coordinating of requests for administrative hearing, holding hearings, and the duties of the Administrative Hearing Officer for all parking violations issued by the City of Thousand Oaks, and other public agencies who have contracted with the City of Thousand Oaks for administrative hearing officer services in accordance with the Vehicle Code. The duties shall include, but not be limited to, scheduling and coordinating orderly and timely administrative hearings; appearing at the designated location for the administrative hearing; making the pre- hearing statement; reviewing the citation and reading it into the record; administering the oath; recording the respondent's name and address; recording the registered owner's name and address, and the respondent's relationship to the registered owner, if applicable; review any written material submitted for the hearing; hear and examine the respondent, any witnesses, and all of the evidence presented; render a decision; record the disposition of the hearing on the appropriate form and rationale for the decision; prepare a response to the respondent, and return the case file and written copy of the letter sent to the respondent to the respective Public Agency. 3. COMPENSATION AND PAYMENT (a) Maximum and Rate. Except for authorized extra services (pursuant to ection 4), the total compensation payable to City by Public Agency for the ser ices under this Agreement shall be determined based upon a rate of $12.00 per administrative hearing performed for the Public Agency, plus administrative sup ort services performed as set forth in Exhibit "A ", which is incorporated her in by references as though set forth in full for services from the com encement date of this Agreement until December 31, 1993. As of January 1, 199 , the administrative support services shall be reviewed quarterly and adj sted based on participation of Public Agency for the preceding quarter. (b) Payment. Payment for the services shall be made within thirty days after the receipt of invoices. Invoices shall be submitted by the City on a quarterly basis and shall include estimated charges for the ensuing three -month period, as well as any adjustment for the preceding three -month period. Such adjustment shall be comprised of the difference between estimated and actual charfies for the preceding three -month period. 4. j EXTRA SERVICES Public Agency shall pay City for those Public Agency authorized extra services, not reasonably included within the services described in section 2, such amounts as mutually agreed to in advance. Unless Public Agency and City have agreed in writing before the performance of extra services, no liability on tie part of Public Agency, and no right to claim compensation for such extra services or expenses shall exist on the part of City. The applicable hourly rate for extra services shall be at the hourly rates set forth in section 3. Publ unti from sixt 6. PROGRESS AND COMPLETION City and its Administrative Hearing Officer shall commence services for c Agency on or about September 15, 1993. This Agreement shall continue June 30, 1994, and shall automatically renew on an annual basis thereafter July 1, 1994, unless written notice of non - renewal is received by City (60) days prior to the termination date. HOLD HARMLESS, DEFENSE AND INDEMNITY (a) Hold Harmless, Defense and Indemnity of Third Party Claims. (1) The City agrees to indemnify, defend and hold harmless Public Agen y, its elected and appointed officials, employees, and agents from and agaiiist any and all liability or expenses, including defense costs and legal fees arising from or connected with claims for damages or workers` compensation benefits resulting from City's performance of services as set forth in this agre ment, which are not the obligation of Public Agency as set forth in this CAO:N5 Agri or prod Cit aga fee ben thi Agr or pro ! ement including without limitation, bodily injury, death, personal injury, )roperty damage, including physical damage or loss of City's property or )erty in the care, custody or control of the City. (2) Public Agency agrees to indemnify, defend and hold harmless its elected and appointed officials, employees, and agents from and nst any and all liability or expenses, including defense costs and legal , arising from or connected with claims for damages or workers' compensation fits resulting from Public Agency's performance of services as set forth in Agreement, which are not the obligation of the City as set forth in this ement including, without limitation, bodily injury, death, personal injury, )roperty damage, including physical damage or loss of Public Agency's erty or property in the care, custody or control of Public Agency. (b) The City will hold all of Public Agency's citation data in confidence and shall not provide this data to any other party unless directed by Public Age cy in writing, or as required by law. 7. 1 RELATION OF THE PARTIES The relationship of the parties to this Agreement shall be that of ind pendent contractors, and that in no event shall City and Public Agency be con idered an officer, agent, servant or employee of the other. City shall be sol ly responsible for any workers' compensation insurance, withholding taxes, une ployment insurance, and any other employer obligations associated with the des ribed services. 8. 1 TERMINATION BY CITY The Public Agency, by notifying City in writing, may upon thirty (30) calendar days notice terminate any portion, or all of the services, agreed to be performed under this Agreement. In the event of such termination, City shall iMMEdiately assemble work in progress for the purpose of completing the job and reporting to the Public Agency as to the final status of work. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by Public Agency to City within thirty days following sub ission of a final invoice by City. In the event that any other Public Agency, which is participating in the administrative support services, ter inates its participation, the remaining Public Agencies shall be required to Way costs based upon a newly established pro rata basis which will be provided by the City. City may terminate any portion or all of the services pursuant to this Agreement upon ninety (90) calendar days written notice to Public Agency. 9. 1 WAIVER; REMEDIES CUMULATIVE Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such part 's right to demand strict compliance by such other party in the future. No vaiver by a party of a default, or breach of the other party, shall be effe tive or binding upon such party unless made in writing by such party, and CAO: 5 3 no uch waiver shall be implied from any omissions by a party to take any action wi ti respect to such default or breach. No express written waiver of a spe ified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and /or period of time spe ified. All of the remedies permitted or available to a party under this Agr ement, or at law or in equity, shall be cumulative and alternative, and inv lemedies cation of any such right or remedy shall not constitute a waiver or election of with respect to any other permitted or available right of remedy. 10.1 CONSTRUCTION OF LANGUAGE OF AGREEMENT The provisions of this Agreement shall be construed as a whole according to its common meaning and purpose. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa. 11.1 MITIGATION OF DAMAGES to i1In all situations arising out of this Agreement, the parties shall attempt void and minimize the damages resulting from the conduct of the other party. 12.1 ATTORNEY'S FEES In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or is a result of any alleged breach of any provision of this Agreement, the pre ailing parties shall be entitled to recover the costs and expenses including att rney's fees from losing parties. 13. GOVERNING LAW This Agreement, and the rights and obligations of the parties, shall be gov rned and interpreted in accordance with the laws of the State of California. 14. CAPTIONS The captions or headings in this Agreement are for convenience only and in ro other way define, limit, or describe the scope or intent of any provision or ection of the Agreement. 15. AUTHORIZATION Each party has expressly authorized the execution of this Agreement on its beh if and bind said party and its respective administrators, officers, dir ctors, shareholders, divisions, subsidiaries, agents, employees, successors, ass gns, principals, partners, joint venturers, insurance carriers and any oth rs who may claim through it to this Agreement. CAO:N5 4 I 16.' bet and agr of par ENTIRE AGREEMENT BETWEEN PARTIES This Agreement supersedes any other agreements, either oral or in writing, een the parties hereto with respect to the Administrative Hearing Officer administrative support services, and contains all of the covenants and ements between the parties with respect to said services. Any modifications his Agreement will be effective only if it is in writing and signed by the y to be charged. 17. PARTIAL INVALIDITY If any provision in this Agreement is held by a court of competent jur sdiction to be invalid, void or unenforceable, the remaining provisions will nev rtheless continue in full force without being impaired or invalidated in any way 18. NOTICES Any notice required to be given hereunder shall be deemed to have been giv n by depositing said notice in the United States mail, postage prepaid, and add essed as follows: TO CITY: Finance Director City of Thousand Oaks 2400 Willow Lane Thousand Oaks, CA 91361 -4958 FAX No: (805) 497 -0686 TO PUBLIC AGENCY: City of CA FAX NO. 805 - In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written. PAS ED AND ADOPTED this ATTEST: Nan y CAO N5 A. Dillon, City Clerk 5 Judith A. Lazar, Mayor City of Thousand Oaks "PUBLIC AGENCY ":