SR-121107-1B~®
~;tYOf .City Council Report
Santa Monica
City Council Meeting: December 11, 2007
Agenda Item:
To: Mayor and City Council
From: Carol Swindell, Director of Finance
Subject: Agreement with Sherman and Levine for Parking Citation Administrative
Hearing Examiner Services
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and
execute a two year agreement with the law offices of Sherman and Levine to provide
parking adjudication services beginning January 1, 2008 through December 31, 2009,
with an option to extend for two additional two year terms through December 31, 2013.
Executive Summary
The State of California requires municipalities to follow the provisions of the California
Vehicle Code (CVC) which mandates that issuing agencies provide an impartial review
process for contested parking citations. The Cities of Santa Monica; Beverly Hills,
Culver City and West Hollywood (Westside Cities) jointly issue requests for proposals
for the selection of Parking Citation Administrative Hearing Examiner Services in order
to obtain better pricing and coordinate parking activities. Each City, however,
separately contracts with the selected hearing examiners. The monies for this
agreement are budgeted in 01224.544390
Discussion
In July 1993, the State of California decriminalized parking citations and transferred
responsibility for citation processing and adjudication from the courts to local
jurisdictions. State law requires that all counties and municipalities follow the provision
of the California Vehicle Code (CVC) in adjudicating parking citations.
Per Section 40215 of the CVC, citations must be paid or contested no later than 21
calendar days from the issuance of a parking citation or 14 calendar days from the
mailing of a notice of delinquent parking violation, whichever is later. To contest a
parking citation, a person may request an initial administrative review of the citation.
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This review is conducted by the Police Department for the purpose of determining
whether the violation did occur, whether the registered owner was responsible for the
violation and/or whether extenuating circumstances make dismissal of the citation
appropriate in the interest of justice. A person dissatisfied with the results of the initial
administrative review can request an administrative hearing no later than 21 days
following the mailing of the initial administrative review results letter. If found liable after
the administrative hearing, the person can then file an appeal to be heard by the
Superior/Municipal Court within 30 calendar days after the mailing of the administrative
hearing decision. These timelines are set by the CVC which also specifies that failure
to exercise appeal rights by the deadlines eliminates any further appeals.
The CVC specified the administrative hearing process and requires that the issuing
agency appoint or contract with qualified administrative hearing providers. Hearing
examiners cannot be employees of the City, and they are paid a flat fee per
administrative hearing. Compensation is not to be linked to decisions. The CVC sets
hearing examiner training requirements. In addition, the Westside Cities provide
hearing examiners with a comprehensive manual of policies and procedures to follow to
ensure that a forum is available in which the facts of a case may be reviewed fairly and
a disposition rendered in a timely manner. The manual has a section relating to
customer service that contains information on the general approach to hearings, the
informality of the hearing, the role of the hearing examiner and the conduct of the
hearing examiner.
Approximately 5% of all parking citations are contested and enter the adjudication
process. Past experience indicates that during the first or initial review phase
approximately 62% of the violators are found not liable and 38% liable. About 15% of
the violators found liable at that phase continue to an administrative hearing held by the
hearing examiners. Of the violators who undergo an administrative hearing conducted
by the impartial hearing examiners, past experience indicates about 90% are found
liable and 10% not liable. During the past year, 22 violators out of 959 hearings
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continued to the final or court appeal stage. Of the 22 that went to the final stage, 32%
were found liable and 68% were found not liable.
Contractor/Consultant Selection
Since 1993, the cities of Santa Monica, Beverly Hills, Culver City and West Hollywood
(Westside cities) have jointly issued Requests for Proposals for the selection of Parking
Citation Administrative Hearing Examiner Services to obtain better pricing and
coordinate parking activities. Hearing examiners are selected after a thorough review of
applicants' qualifications. Each City, however separately contracts with the selected
hearing examiners. In September 2007, the Westside Cities issued a joint Request for
Proposals (RFP) for parking citation administrative hearing examiner services. The
RFP was sent to seven vendors and posted on the California Public Parking Association
website.
One bid proposal was received in response to the RFP by the firm of Sherman and
Levine and was selected unanimously by the respective staff of the Westside Cities.
The firm will be compensated on a per case basis. The review committee considered
references, presentation material, sample decisions, and years of experience
conducting parking citation hearings. The firm of Sherman and Levine has conducted
parking hearings for the Westside cities since 1998.
Financial Impacts & Budget Actions
The fees are paid on a per case basis. On average the number of cases heard each
year is 1,664. The first year is $13.00 per case with an estimated annual cost of
$21,632. The second year is $14.00 per case with an estimated annual cost of $23,296.
Funds are included in the FY07/08 Adopted Budget at line item 01224.544390.
Prepared by:
Eva U'Ren, Revenue Manager
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Approved:
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Carol Swindell
Director, Finance
Forwarded to Council:
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Manager
Reference Contract
No. 8865 (CCS).