sr-011012-3eID
City of
Santa Monica
City Council Report
City Council Meeting: January 10, 2012
Agenda Item: 5 ' F
To: Mayor and City Council
From: Gigi Decavalles- Hughes, Acting Director of Finance
Subject: Amendment to Agreement 1994 with Sheri E. Ross for Parking Citation
Administrative Hearing Examiner Services
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and
execute a modification to Professional Services Agreement 1994 with Sheri E. Ross, a
California based independent hearing officer, to extend the contract term an additional
three years through December 31, 2015 at an estimated amount of $80,000 per year for
parking adjudication services. The total cost of this five year agreement would be
$400,000.
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 City of Santa Monica contracts out the
adjudication of contested parking citations to an independent administrative hearing
examiner and wishes to extend its existing two -year contract for an additional three
years. The annual cost of the agreement is based on the number of citations appealed
and is estimated to be approximately $80,000 per year for a five year total cost of
$400,000.
Background
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.
Section 40215 of the CVC specifies that citations must be paid or contested no later
than 21 calendar days from the issuance of a parking citation or 14 calendar days from
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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.
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 decision 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 process
and timelines are detailed on the City's website and in notices sent to those who receive
parking citations.
Discussion
The CVC stipulates 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. They are paid a flat fee per administrative
hearing and compensation cannot be linked to decisions. The training requirements for
the hearing officer are set by the CVC. Approximately seven percent of all parking
citations are contested and enter the adjudication process. On average, 50 percent of
the citation recipients found liable at the initial review phase continue to an
administrative hearing held by the hearing examiners. During the past year, 45 violators
out of 4398 hearings continued to the final or court appeal stage. Staff anticipates an
average amount of 4300 hearings per year for the next three years.
Contractor /Consultant Selection
In December 2009, Staff issued a Request for Proposals (RFP) for parking citation
administrative hearing examiner services for a term up to five years. The RFP was sent
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to known hearing examiners in the Los Angeles area, posted on the City's website, and
posted on the California Public Parking Association website. One proposal was
submitted in response to the RFP by Sheri E. Ross. City staff from the Police and
Finance Departments, acting as the review committee, considered references,
presentation materials, sample decisions, and years of experience conducting parking
citation hearings and unanimously selected Sheri E. Ross, who has conducted parking
hearings for Beverly Hills, West Hollywood and the City of Los Angeles since 2005.
Sheri Ross has successfully provided hearing officer services in compliance with all
contract requirements and, therefore, staff recommends Council authorize the City
Manager to execute the option extending the contract period provided for in the current
agreement.
Financial Impacts & Budget Actions
Fees are paid on a per -case basis. On average, the number of cases heard each year
is 4,300. The rate for the first year of the three year extension is $17.50 per case, with
an estimated annual cost of $75,250. The rate for the second year is $18.50 per case,
with an estimated annual cost of $79,550. The rate for the third year is estimated at
$19.50 with an estimated annual cost of $83,850. Sufficient funds are included in the
Parking Operations Division's FY 2011 -13 Adopted Budget; the costs associated with
this agreement will be charged to account 01225.555060.
Prepared by: Frank Ching, Parking Coordinator
Approved:
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f'orGigi Decavalles- Hughes
Acting Director of Finance
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Forwarded to Council:
Rod Gould
City Manager
Reference Contract No.
9529 (CCS).