SR-10-27-2015-3K
City Council
Report
City Council Regular Meeting: October 27, 2015
Agenda Item: 3.K
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To: Mayor and City Council
From: David Martin, Director, Planning and Community Development,
Transportation Engineering & Management (PCD)
Subject: Professional Services Agreement for Parking Citation Hearing Examiner
Recommended Action
Staff recommends that the City Council:
1. Award RFP# 49 to Sheri E. Ross, a California-based independent hearing
examiner, for parking adjudication services;
2. Authorize the City Manager to negotiate and execute a professional services
agreement with Sheri E. Ross, in an amount not to exceed $100,000 for two
years (includes 10% contingency), with one additional three -year renewal option
in the amount of $150,000 (includes 10% contingency), on the same terms and
conditions for a total amount not to exceed $250,000 over a five-year period, with
future year funding contingent on Council budget approval;
3. Authorize the Director of Planning and Community Development to issue any
necessary changes to complete additional work within contract authority.
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 recently issued a Request for
Proposals (RFP) and staff recommends Sheri E. Ross to provide parking adjudication
services in an amount not to exceed $100,000 for two years (includes 10%
contingency), with one additional three-year renewal option not to exceed $150,000
(includes 10% contingency), for a total amount not to exceed $250,000 over a five-year
period.
Background
Per CVC Section 40215, 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. This review is
conducted by the Police Department for the purpose of determining whether the
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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 admin istrative
review can request an administrative hearing no later than 21 calendar days following
the mailing of the results of the initial review. If found liable after the administrative
hearing, the person can then file an appeal to be heard by the superi or or municipal
court within 30 calendar days after the mailing of the administrative hearing decision.
These CVC timelines specify that failure to exercise appeal rights by the deadlines
eliminates any further appeals.
Discussion
The CVC stipulates the administrative hearing process and requires that the issuing
agency appoint or contract with qualified administrative hearing examiners. Hearing
examiners cannot be employees of the City. They are paid a flat fee per administrative
hearing and compensation cannot not to be linked to decisions. The CVC sets the
training requirements for hearing examiners.
Between 2012 and 2014, less than 1% of all parking citations were contested and
entered the adjudication process per year. In general, there has been a downward trend
in the number of contested citations compared to the number of citations issued. Staff
anticipates an average amount of 2,200 hearings per year during the next two years.
Vendor Selection
On August 31, 2015, the City issued a RFP for parking citation hearing examiner
services for a term up to five years. The RFP was posted on the City’s on -line bidding
site, and notices were advertised in Santa Monica Daily Press in accordance with City
Charter and Municipal Code provisions. Sixty vendors were notified of the RFP posting
and ten vendors downloaded the RFP. In addition, staff made a request with the City’s
current parking citation processing vendor to share the RFP opportunity with the hearing
examiners known to the vendor in the Greater Los Ange les area. One proposal was
received on September 28, 2015. The proposal was reviewed by a selection panel of
staff from Planning & Community Development, Finance, and the Police Department,
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and evaluated based on the criteria in SMMC 2.24.072 including price, previous
experience, capacity and skill, and compliance with City specifications and scope of
work. Procurement conducted additional outreach to vendors who downloaded the bid
to see why they did not submit a bid. No responses were received through this outreach
effort.
The bid was evaluated based on the criteria in SMMC 2.24.072, including price,
previous experience, and compliance with City specifications. The selection panel
considered references, presentation materials, sample decisions, and years of
experience conducting parking citation hearings. Staff determined that Sheri E. Ross’s
proposal meets the criteria set forth in SMMC 2.24.072. Ross has been an independent
hearing examiner since 2005. During the past five years, Ross has experience
conducting administrative hearings for the cities of Culver City, West Hollywood, and
Los Angeles as well as Los Angeles County Civil Service Commission. Ross is the
current contracted hearing examiner for Santa Monica.
Staff contacted reference agencies and all provided very positive responses to the
hearing examiner services provided by Ross, similar to the experience the City has had
with Ross’s services. Ross has had extensive hearing examiner training and continues
to receive training annually. Ross is an active member of the California State Bar
Association and has extensive arbitration and hearing examiner experience has a third -
party neutral. Based on the foregoing, staff recommends Sheri E. Ross as the best
qualified vendor to provide parking adjudication services in accordance with City
specifications.
Financial Impacts & Budget Actions
The agreement to be awarded to Sheri E. Ross is for an amount not to exceed
$250,000 (includes 10% contingency). Funds in the amount of $50,000 are included in
the FY 2015-16 budget in the Planning & Community Development Department. The
agreement will be charged to account 01417.555060. Future year funding is contingent
on Council budget approval.
Prepared By: Jason Kligier, Parking Administrator
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Approved
Forwarded to Council
Attachments:
Reference:
Agreement No. 10211
(CCS)