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11/10/1994FILE COPY 22795 Barton Road Grand Terrace California 92313-5295 Civic Center (909) 824-6621 Fax (909) 783-7629 Fax (909) 783-2600 Byron R. Matteson Mayor Gene Carlstrom Mayor Pro Tempore Herman Hilkey Jim Singley Dan Buchanan Council Members Thomas J. Schwab City Manager 3 November 10, 1994 CITY OF GRAND TERRACE Regular Meetings 2nd and 4th Thursday - 6:00 p.m. Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA 92313-5295 CITY OF GRAND TERRACE 2M IM REGULAR COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS GRAND TERRACE CIVIC CENTER 22795 Barton Road * Call to Order - NOVEMBER 10, 1994 6:00 P.M. * Invocation - Reverend Benjamin Nicholas, Highgrove United Methodist Church * Pledge of Allegiance - * Roll Call AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY Approve 1. Approval of 10/27/94 Minutes 2. Approval of Check Register No. Approve CRA 111094 3. Redevelopment Implementation Plan: Review of Goals and Objectives ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Swear in Councilmembers B. Elect Mayor and Mayor Pro Tem C. Red Ribbon Contest Awards D. Introduction of new Citizen Patrol Members 3. CONSENT CALENDAR The following Conscent Calendar items are expected to be routine & noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council - member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion. Approve A. Approve Check Register No. 111094 PENDING C R A APPROVAL CITY OF GRAND TERRACE CONINIUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING - OCTOBER 27, 1994 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on October 27, 1994 at 6:00 p.m. PRESENT: Byron R. Matteson, Chairman Gene Carlstrom, Vice -Chairman Herman Hilkey, Agency Member Jim Singley, Agency Member Dan Buchanan, Agency Member Thomas J. Schwab, Executive Director Brenda Stanfill, Secretary John Donlevy, Assistant City Manager Bernard Simon, Finance Director Jim Winkler, Attorney Lt. Rodney Hoops, Sheriff's Department ABSENT: Patrizia Materassi, Community Development Director Joe Kicak, City Engineer APPROVAL OF OCTOBER 13, 1994 CRA MINUTES CRA-94-48 MOTION BY AGENCY MEMBER BUCHANAN, SECOND BY VICE- CHAIRMAN CARLSTROM, CARRIED 4-0-1-0 (AGENCY MEMBER SINGLEY WAS ABSENT), to approve the October 13, 1994 CRA Minutes. APPROVAL OF CHECK REGISTER NO. CRA 102794 CRA-94-49 MOTION BY VICE-CHAIRMAN CARLSTROM, SECOND BY AGENCY MEMBER BUCHANAN, CARRIED 4-0-1-0 (AGENCY MEMBER SINGLEY WAS ABSENT), to approve Check Register CRA 102794. REDEVELOPMENT IMPLEMENTATION PLAN: DRAFT Assistant City Manager Donlevy, reported on the Redevelopment Implementation Plan and stated that this item will be open for public review at a future Council Meeting. He stated that this Redevelopment Implementation Plan will need to be adopted in December 1994 and be effective January 1, 1995. Agency Member Hilkey, requested that a document be put together to determine what changes have been made to the redevelopment implementation plan. Assistant City Manager Donlevy, stated that he will provide the agency with the question and answer booklet that he received from the CRA. C R A AGENDA ITEM NO. c Cd CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY PENDING C R A APPROVAL 1 DATE: NOVEMBER 10, 1994 CHECK REGISTER NO.111094 OUTSTANDING DEMANDS AS OF: NOVEMBER 10, 1994 ---------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------- CHECK NO. VENDOR P9925 KENNEY & SON P9945 C.G. WILSON CONSTRUCTION 30281 RUTHERFORD APPRAISAL 30296 BANK OF AMERICA 30304 FEDERAL EXPRESS MAIL 30314 n KICAK & ASSOCIATES 30328 m RIVERSIDE HIGHLAND WATER 30335 SIGNAL MAINTENANCE 30338 SOUTHERN CA EDISON COMPANY 30339 a SOUTHERN CA GAS COMPANY 30342 STATE COMPENSATION INS.FUND N DESCRIPTION BALANCE DUE ON BARTON ROAD PROJECT BALANCE DUE ON REHABILITATION OF 12595 MIRADO APPRAISAL, 12595 MIRADO AGENT FEES FOR 1993 SERIES A BONDS EXPRESS MAIL ENGINEERING SERVICES,REHABILITATION PROGRAM TURN ON WATER, 22610 RAVEN WAY REPAIRS, SIGNAL AT BARTON/MICHIGAN ELECTRIC, 12595 MIRADO GAS, 12595 MIRADO WORKERS' COMPENSATION INSURANCE,OCT.1994 TOTAL: AMOUNT $ 7,804.20 3,208.00 250.00 2,079.50 11.50 720.00 21.17 1,195.880 q.78 r '?9.06 1':5.65 $ 15,502.66 IM CRA ITEM (XX) COUNCIL ITEM () MEETING DATE: November 10, 1994 SUBJECT: REDEVELOPMENT IMPLEMENTATION PLAN: REVIEW OF GOALS AND OBJECTIVES Recommendation: FUNDING REQUIRED NO FUNDING REQUIRED XX BACKGROUND: The Agency Board was presented with a preliminary draft of the Redevelopment Implementation Plan at the October 27, 1994 meeting. The main objectives of this meeting will be to review the main operational goals and objectives of the Plan. Staff will also present to the Agency Board a second draft of the Implementation Plan which includes a more extensive discussion of financial projections and housing data. At the December meeting, the Agency will be reviewing the document as follows: • As a final draft which will include more specific statistical goals for stated programs • Key program descriptions for Agency programs to eliminate blighting conditions Establishment of a Housing Plan which will detail Inclusionary Housing requirements and replacement goals This will also include a public hearing on the Implementation Plan and final adoption. DISCUSSION: As previously presented, the Plan centers most of its goals on many of the premises used in the original redevelopment Implementation Strategy (adopted in 1983) and with the Barton Road Commercial Corridor Specific Plan. The goals represent more general policy statements of the Agency Board and will be used by the Agency staff to guide the development and implementation of programs. Section 33490 (a)(1) of the revised Health and Safety Code states that the Implementation Plan shall contain the specific goals and objectives of the Agency for the project area. The City of Grand Terrace requires that all of the work performed in the organization, including that of the Redevelopment Agency, must relate to a basic policy direction as developed by the City Council/Agency Board. The fundamental building block upon which this policy direction will be established is through the establishment of Mission Statements. These Mission Statements are then used to develop Operational Goals. Operational Goals are then followed by Departmental Objectives which are used to formulate specific action programs used to implement the Operational Goals. The following list outlines the Mission Statements which pertain to redevelopment activities; the Operational Goals developed to support each Mission Statement; and the Departmental Objective developed to implement the Goal. Mission 1. "To cause an increase in sales revenues through the promotion of employment generating business development. " CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENTAGENCYffJKA $FdQNDA ITEM NO. J in order to meet inclusionary and housing set aside requirements and to enhance Grand Terrace's stock of quality affordable housing. Operational Goal - Housing Preservation Department Objective - To preserve the existing housing supply as an affordable housing opportunity resource when possible. The Agency will focus it efforts toward the rehabilitation of those existing housing units which will 4W provide affordable housing. Operational Goal - Promote A Balanced Business Community Department Objective - Implement a Commercial/Industrial Economic Enhancement Strategy in order to retain and attract businesses which will strengthen Grand Terrace's economic base and, in so doing, provide the base necessary to continue to provide excellent City services. 1111115111117 Capital improvements have been a key target of discretionary redevelopment funds since the inception of the initial redevelopment plans. As stated in the original plan "the CRA budget was prepared with the intent to give the citizens of Grand Terrace the maximum amount of capital improvements at minimum cost for management and administration." Operational Goal - Five Year Capital Improvement Program Departmental Objective - Initiate the development of a on- going five year capital improvement program to designate needed financial resources toward basic capital needs. The City's general plan identifies on goal primarily directed at industrial development: "The City shall promote the development of labor-intensive, non-polluting industry which is compatible with the present land use pattern." Redevelopment is seen as an effective vehicle to attracting and selecting desired businesses. STAFF RECOMMENDS THAT COUNCIL: REVIEW AND PROVIDE INPUT REGARDING THE DRAFT REDEVELOPMENT IMPLEMENTATION PLAN GOALS AND OBJECTIVES. CITY OF GRAND TERRACE COMMUNITYREDEVELOPMENTAGENCYAGENDA REPORT f c CITY OF GRAND TERRACE PENDING CITY 1 COUNCIL APPROVAL DATE: NOVEMBER 10, 1994 CHECK REGISTER NO:111094 OUTSTANDING DEMANDS AS OF: NOVEMBER 10, 1994 CHECK NO. VENDOR DESCRIPTION AMOUNT P9920 TRACEY MARTINEZ SUPPLIES , VOLUNTEER PICNIC $ 50.00 P9921 SOUTHERN CA EDISON COMPANY CASH PAYMENTS FOR 10/21/94 41.22 P9922 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 10/21/94 21.10 P9923 COMCAST CABLEVISION CASH PAYMENTS FOR 10/21/54 62.48 P9924 ELIZABETH R. DUARTE REIMBURSEMENT FOR FOOD,VOLUNTEER PICNIC 39.46 P9926 SOUTHERN CA EDISON COMPANY CASH PAYMENTS FOR 10/24/94 92.07 P9927 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 10/24/94 16.13 P9928 n COMCAST CABLEVISION CASH PAYMENTS FOR 10/24/94 80.87 P9929 LARRY MAINEZ PLANNING TECHNICIAN,10/10-10/21/94, REIMBURSEMENT FOR MILEAGE 720.80 P9930 I BANK OF AMERICA BALANCE DUE FOR MEDICARE, 3RD QUARTER,1994 32.80 P9931 POSTMASTER-COLTON POSTAGE FOR METER 2,000.00 P9932 SHARON KORGAN REIMBURSEMENT FOR RED RIBBON WEEK SUPPLIES 151.54 I P9933 PACIFICARE OF CALIFORNIA ADJUSTMENT,HEALTH CARE INSURANCE,NOV.1994 8.43 P9934 i SOUTHERN CA EDISON COMPANY CASH PAYMENTS FOR 10/26/94 21.52 P9935 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 10/26/94 70.86 P9936 COMCAST CABLEVISION CASH PAYMENTS FOR 10/26/94 141.36 �d C CITY OF GRAND TERRACE DATE: NOVEMBER 10, 1994 CHECK REGISTER NO:111094 OUTSTANDING DEMANDS AS OF: NOVEMBER 10, 1994 CHECK NO. VENDOR DESCRIPTION AMOUNT P9953 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 11/2/94 $ 258.43 P9954 COMCAST CABLEVISION CASH PAYMENTS FOR 11/2/94 89.72 30275 TREADWAY GRAPHICS PROGRAM SUPPLIES, D.A.R.E. 575.93 30276 LAEL CURTIS REIMBURSEMENT FOR HALLOWEEN HAUNT SUPPLIES 63.07 30277 JANIE GARCIA REFUND, RECREATION PROGRAM 24.50 30278 ENTERTAINMENT BOOK, FUND RAISER,CHILD CARE 432.00 30279 JOHN Q. HALL REFUND, BANNER DEPOSIT 100.00 30280 TERRACE RETIREMENT HOTEL REFUND, BANNER DEPOSIT 50.00 30282 TEES'S PLUS SCREEN PRINT PROGRAM SUPPLIES, D.A.R.E. 156.21 30283 QWIK STOP COMPANY REPAIRS, CHILD CARE VAN 96.24 30284 TEMPLE UNIVERSITY PRESS PLANNING PUBLICATION 23.45 30285 R & T SPECIALTIES PROGRAM SUPPLIES, D.A.R.E. 334.80 30286 UNIVERSITY OF CALIFORNIA COURSE, PLANNING TECHNICIAN 100.00 30287 PAUL PANTHER REFUND,WASTE WATER DISPOSAL SERVICES 10.40 30288 WESLEY BAILEY REFUND,WASTE WATER DISPOSAL SERVICES 12.00 30289 DAVID BOTTROFF REFUND,WASTE WATER DISPOSAL SERVICES 10.80 J li CITY OF GRAND TERRACE E DATE: NOVEMBER 10, 1994 CHECK REGISTER NO:111094 OUTSTANDING DEMANDS AS OF: NOVEMBER 10, 1994 CHECK NO. VENDOR DESCRIPTION AMOUNT 30307 G.T.CHAMBER OF COMMERCE MEMBERSHIP, 1994/1995 $ 50.00 30308 G.T. CHILD CARE CHILD CARE, EMPLOYEES, NOV.1994 576.00 30309 HAINES & COMPANY CRISS+CROSS DIRECTORY 174.12 30310 HONEYWELL, INC SERVICES HVAC UNIT, NOV.1994 1,114.16 30311 HYDRO-SCAPE PRODUCTS IRRIGATION SUPPLIES, PARKS 138.50 30312 INTERSTATE BRANDS, INC BAKERY GOODS, CHILD CARE 61.22 30313 JANI KING JANITORIAL SERVICES,CHILD CARE 909.00 30314 KICAK & ASSOCIATES ENGINEERING SERVICES,9/26-10/23/94 9,427.00 30315 KRAFT FOOD SERVICE FOOD, CHILD CARE 1,296.61 30316 LONG BEACH UNIFORMS UNIFORMS, CITIZENS PATROL 175.91 30317 MANPOWER TEMPORARY SERVICE TEMPORARY RECEPTIONIST, 10/10-10/21/94 660.00 30318 PATRIZIA MATERASSI AUTO ALLOWANCE,NOV.1994 200.00 30319 MIDWAY LAWNMOWER REPAIRS, MAINTENANCE EQUIPMENT 111.61 30320 MR T V VIDEO REFUND, BANNER DEPOSIT 50.00 30321 ORIENTAL TRADING COMPANY HALLOWEEN SUPPLIES, RECREATION/DAY CARE 314.75 30322 OTIS ELEVATOR COMPANY MAINTENANCE, ELEVATOR,NOV.1994 230.rn c A CITY OF GRAND TERRACE DATE: NOVEMBER 10, 1994 CHECK REGISTER NO:111094 OUTSTANDING CHECKS AS OFt NOVEMBER 10, 1994 CHECK NO. VENDOR DESCRIPTION AMOUNT 30339 SOUTHERN CA GAS COMPANY GAS FOR SENIOR CENTER AND CIVIC CENTER $ 267.41 30340 STAPLES OFFICE SUPPLIES 383.68 30341 BRENDA STANFILL REIMBURSEMENT, SUPPLIES, VOLUNTEER PICNIC 30.10 30342 STATE COMPENSATION INS.FUND WORKERS' COMPENSATION INSURANCE,OCT.1994 2,431.53 30343 STOP INDUSTRIES SUPPLIES FOR CHILD CARE 116.88 30344 THE SUN NOTICE OF REVENUE/EXPENDITURES/PUBLIC HEARING 551.72 30345 TEXACO REFINING/MARKETING FUEL FOR CITY TRUCKS,EQUIPMENT, AND VAN 455.22 30346 MICHAEL TODD OPEN/CLOSE PARKS, OCT.1994 140.00 30347 TRAFFIC SPECIALTIES, INC SPRAY CHALK,TOUR-DE-TERRACE 37.50 30348 TRI-COUNTY OFFICIALS UMPIRES, SLO-PITCH SOFTBALL 430.00 30349 UGLY DUCKLING RENT VAN, CHILD CARE 145.13 30350 UNDERGROUND SERVICE ALERT ALERT NOTIFICATION, OCT.1994 40.00 30351 WALMART SUPPLIES, CHILD CARE 181.26 30352 WAXIE JANITORIAL SUPPLIES, CIVIC CENTER 93.42 30353 YOSEMITE WATERS BOTTLED WATER FOR CITY OWNED FACILITIES 201.35 CITY OF C.UW TERRACE c DATE: OCTOBER 27, 1994 CHECK REGISTER NO.102794 OUTSTANDING DEMANDS AS OFs OCTOBER 27, 1994 CHECK, NO. VENDOR DESCRIPTION AMOUNT I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE LISTED CHECKS FOR PAYMENT OF THE CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY. BERNARD SIMON FINANCE DIRECTOR CITY OF GRAND TERRACE PENDING CITY COUNCIL APPROVAL CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR COUNCIL MEETING - OCTOBER 270 1994 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on October 27,1994 at 6:00 p.m. PRESENT: Byron R. Matteson, Mayor Gene Carlstrom, Mayor Pro Tempore Herman Hilkey, Councilmember Jim Singley, Councilmember Dan Buchanan, Councilmember Thomas J. Schwab, City Manager Brenda Stanfill, City Clerk John Donlevy, Assistant City Manager Bernard Simon, Finance Director Jim Winkler, Attorney Lt. Rodney Hoops, Sheriffs Department ABSENT: Patrizia Materassi, Community Development Director Joe Kicak, City Engineer The meeting was opened with invocation by Pastor Salim Elias, Azure Hills Seventh-Day Adventist Church, followed by the Pledge of Allegiance led by Councilmember Hilkey. Mayor Matteson convened City Council meeting at 6:00 P.M. Mayor Matteson reconvened City Council meeting at 6:20 P.M. SPECIAL PRESENTATIONS 2A. Recycling Family of the Month - September 1994 Mayor Matteson announced that Allen Slocum and family of 12274 Reed Street are the recipients of the Recycling Family of the Month Award and of the local merchants gift certificates from Flowers By Yvonne, Buttercup Bakery, Verlee's Fancy Pets, Fish and Grooming, and K's Beauty Supply & Salon. COUNCIL AGENDA ITEM #3 D City Council Minutes - October 27, 1994 Page 3 Assistant City Manager Donleyy, reported. that on Wednesday, October 27, 1994, around 9:00 a.m. the first official person - stopped at the corner of Mt. Vernon Avenue and Grand Terrace Road and so far so good. Mayor Matteson, reported again on the 50 people from the Senior Center that sent a thank you letter to the Council for putting in the stop sign. He also 4 reported that he has had several other good comments however, he did have one irate citizen. Assistant City Manager Donlevn,, stated that they were out there when the children were being delivered to school and received a lot of thumbs up. He indicated that the blinking lights will be up for one week only. Mayor Matteson, requested a report on the new shuttle service. Assistant City Manager Donlevy, reported that the Grand Terrace Shuttle kicked off on Monday, October 24, 1994. It runs 9:00 a.m. to 6:00 p.m. Monday through Friday, 8:00 a.m. to 4:00 p.m. on Saturday, and it does not run on Sunday. Throughout the City there are signs indicating the stops for the shuttle. The main thoroughfares that it goes through are Mt. Vernon to Pico to Michigan 4 to Barton Road. The main stops for it are the most popular areas of the City, Pico Park, the Senior Center, City Hall and the Library. The Senior Nutrition site is one of the stop over points to make sure the shuttle is available for the people who are attending the Nutrition Program. Last Friday every resident in Grand Terrace received a brochure which was mailed out publicizing that the shuttle bus was coming to town. A press release was given to the Sun and a story should be done along with a map. A couple of other announcements should be coming out, they are also making pogs for the children. He stated that they are working on selling passes to the Senior Citizens and the Youth. Information will be going out to the Schools. The next four months will be a crucial time for the program, they are going to try to offer a free week where the shuttle will be no cost to those who ride it, and there will be an article in the upcoming City Newsletter. Mayor Matteson, stated that the shuttle runs through the area of Grand Terrace and then goes down to the Wa1Mart shopping center and back to Grand Terrace area. Assistant City Manager DonlevX, stated that the entire route takes an hour, indicating that there will be a shuttle every hour at the signs and also if your walking on the street and you can flag down the shuttle they will pick you up. He stated that schedules of the route are available at City Hall. Council Minutes - 10/27/94 Page 5 Assistant City Manager Donlgvy, answered in the affirmative. Mayor Matteson, requested an update on the Housing Rehabilitation Program. City Manager Schwab, reported that there are two prospective buyers for the Mirado Property, escrow has closed on the house on the corner of Van Buren and Mirado, bids have been received and the contract awarded for the Preston rehabilitation house, and currently are receiving bids on the rehabilitation of the Raven house. The Preston house should start rehabilitation within a week and the Raven house should start rehabilitation within two weeks, specifications on the Mirado Van Buren house are being drawn up at this time. There is some potential discussion on tearing down the Mirado Van Buren house and doing a lot split and building two single family units, but nothing will be done until it goes before Council again. The house next to the Mirado house has just been transferred to HUD and the Redevelopment Agency is in the process of trying to purchase the house to do rehabilitation. Mayor Matteson, questioned the list of buyers. City Manager Schwab, reported that there are two potential buyers for the Mirado house, which is a larger house, there are people that are interested in purchasing a home but don't want a house of that size or that price. The Preston house should come in at a lower price than the house on Mirado which is 127,000.00 the house on Preston should come in around the 110,000.00 to 115,000.00 range. The Raven house should be in the similar range which would make the houses more affordable than the first rehabilitated house on Mirado. Mayor Matteson, stated that there are some special financing programs. Ci , Manager Schwab, confirmed that there are some special financing programs and stated that a new HUD program called a Community Home Buyer Program which allows a down payment of as little as 3 % and also some underwrighting criteria which is slightly less conservative than traditional HUD backed products, the City is also looking at providing a silent second trust deed at either low or no interest rate to help individuals qualify. To qualify a single individual can make up to 28,000.00 and the scale goes up from there and a family of four can potentially earn close to 40,000.00, so in actuality it is a moderate income program rather that a low income project. Mayor Matteson, reported that he received a letter from the County Department of Public Health stating that they are going to be offering low cost flu shots for seniors and others with chronic illnesses late October and through November. The information will be passed on to the City Manager. The closest one for Council Minutes - 10/27/94 Page 7 Councilmember Singley, reported that last Saturday the Annual Volunteer Appreciation Picnic was held which was very well attended, and expressed his appreciation to the Volunteers. The Volunteer of the year was Dottie Raborn from Crime Prevention. He also attended the Pancake Breakfast which was at the Fire Station on Sunday morning which was also very well attended. The money from that goes to buying equipment for the fire department, Crime Prevention and law enforcement. He asked that staff give out the information for this years Halloween activities. Assistant City Manager Donley, reported that on Saturday, October 29, 1994 at the Child Care Center there will be a fund raiser, which will consist of the spook hall along with a rummage that will consist of approximately twelve vendors selling items, refreshments and pumpkins. On Monday, October 31, 1994 at Pico Park the Recreation Department will be putting on the Halloween Haunt from 5:00 - 8:00 which will include games, booths, costume contest and a lot of candy. Councilmember Hilkev, reported that a Seminar he attended at the League of California Cities Conference was on interneting, and referred to the system that Monterey has and stated that he was going to give the information to the Community Development Director. He also reported on business retention and 4 wished the Chamber of Commerce luck with finding a direction. Mayor Matteson, Wished a happy birthday to a long time volunteer of the City, Bea Giagandet. ORDER OF ADJO�NT Mayor Matteson adjourned the City Council Meeting at 7:00 p.m., until the next Regular CRA/City Council Meeting which is scheduled to be held on Thursday, November 10, 1994. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace CRA ITEM () COUNCIL ITEM (XX) MEETING DATE: November 10, 1994 SUBJECT: PARKING CITATION ADJUDICATION MANUAL 40 Recommendation: FUNDING REQUIRED NO FUNDING REQUIRED XX BACKGROUND: Adopted under AB 408, the State has transferred the review and administration of parking citations from the municipal courts to requiring the local jurisdiction issuing the citations to manage the review of all appeals. This has required the City to establish a policy manual and hearing process to address parking issues which may arise. DISCUSSION: Because the process requires a "quasi-judicial" hearing, staff has prepared the attached Parking Citation Administrative Adjudication Manual to guide all _appeals and establish policies and review criteria for the hearing process. Specifically, the guide provides for an objective means of reviewing parking appeals and a structure for rulings to be made by the hearing officer. Under the program, the designated Hearing Officers will be the Assistant City Manager and the Director of Finance. The frequency of hearings will be determined primarily by requests. At the present time, the City has received four appeals, which are pending the approval of this policy document. STAFF RECOMMENDS THAT COUNCIL: APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING A PARKING CITATION ADMINISTRATIVE ADJUDICATION MANUAL. CITY OF GRAND TERRACE CITY COUNCIL AGENDA RE �+ MIL MENDA ITEM # �E I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 1 Oth of October, 1994 by the following vote: AYES: NOES: ABSENT: ABSTAIN: CITY CLERK APPROVED AS TO FORM 4 John Harper, City Attorney 1.6 The Administrative Review ................................................. 12 1.7 The Decision........................................................... 13 1.7.1 Determination.................................................... 13 1.7.2 Rationale for the Findings .......................................... 13 1.8 Late Payment Penalties .................................................... 14 1.9 Fine Amounts........................................................... 15 1.10 Prior Dismissals/Precedence............................................... 15 40 1.11 Prior History of Violations ................................................ 15 1.12 Duplicate Citations...................................................... 16 2.0 HEARING PROCEDURES....................................................... 16 2.1 Pre -hearing Procedures.................................................... 16 2.2 Begin the Hearing........................................................ 16 23 Review the Prima Facie Case ............................................... 17 2.4 Admit Liability with Explanation ............................................. 17 2.5 Deny Liability .......................................:................... 18 2.6 Render Decision....................................................... 18 2.7 Close the Hearing........................................................ 18 2.8 Special Situations........................................................ 18 2.8.1 The Unruly Respondent ............................................ 18 2.8.2 The Represented Respondent ....................................... 19 2.83 Ethical Guidelines ................................................ 19 2.9 Summary of Hearing Examiner's Major Tasks ................................... 20 2.10Indigence............................................................. 20 3.0 THE PRIMA FACIA CASE ....................................................... 20 3.1 Requirements........................................................... 20 3.2Illegibility .............................................................. 21 4.0 LATE PENALTIES............................................................. 21 4.1 Computation of Late Penalties .............................................. 21 4.2 Potential Defenses for a Late Payment ........................................ 21 4.2.1 Non -Receipt of Notice ............................................. 21 m 73.7 "The permit was in the car. The officer should have seen it" ............... 29 73.8 "No Place else to park"/"The lot was full" ............................. 29 73.9 "I didn't see the sign" ............................................ 29 73.10 "1 didn't understand the sign" or "I have a University Permit" ............... 30 73.11 "The sign was obscured" .......................................... 30 73.12 "I am doing a service for the City" .................................. 30 73.13 "1 had permission" .............................................. 30 73.14 "Only part of my car was illegally parked" ............................. 30 73.15 "I left someone in the car ......................................... 30 "I left my parking lights on or blinking" ............................... 30 "I left a note in the car as to my whereabouts" .......................... 30 "The motor was running" ......................................... 30 73.16 "It was only a few minutes" ........................................ 30 73.17 "Nobody else got a ticket" ......................................... 31 7.3.18 "The whole block was parked"/"Everyone else was parking there" ............ 31 73.19 "Someone else had my car" ........................................ 31 73.20 "The officer saw me park and didn't say anything — or .................... 31 "Said it was okay for a few minutes, etc. 7321 "The officer told me" ............................................ 31 73.22 "The officer apologized but wrote the citation" .......................... 31 73.23 "This violation has not been enforced in the past" .................. :.... 32 7324 "I've done it for years" or "Everybody does it" .......................... 32 7325 "Diplomatic immunity" ........................................... 32 7.4 Appeals for Leniency .................................................. 32 7.4.1 "Out of Town Driver"/"Do Not Read English" .......................... 32 7.4.2 "New to the City" ............................................... 32 7.43 "The Fine is too High" ........................................... 32 7.4.4 "Towed Vehicles" ............................................... 32 8.0 SPECIAL CLASSES OF VEHICLES ............................................ 33 8.1 Commercial Vehicles ..................................................... 33 8.2 Government Vehicles ..................................................... 34 83 City Vehicles........................................................... 34 9.0 DISABLED PARKING.......................................................... 34 9.1 Requirement to Obtain California Disabled Plate and/or Placard ..................... 34 92 Description ......................................... .................... 34 93Issuance.......................................... ..................... 41 9.4 Parking Privileges........................................................ 35 9.5 Dismissal of Handicapped Parking Violation .................................... 36 10.1 TYPE OF VIOLATION......................................................... 36 10.1 Public Safety ........................................................... 36 10.2 Non -Public Safety ....................................................... 36 iv CITY OF GRAND TERRACE PARKING CITATION ADMINISTRATIVE ADJUDICATION MANUAL The purpose of this material is to provide the Hearing Examiner with a fairly comprehensive overview of the major topics affecting this position. It should be emphasized at the outset that this manual is not intended to contain every detail or present every issue that will come up in the course of the Hearing Examiner's duties; rather, this Parking Citation Administrative Adjudication Manual is intended to be a primary resource for general information. The importance of studying this adjudication Manual cannot be over -emphasized. It is, for the purposes of the City of Grand Terrace Administrative Adjudication Program, the authoritative compilation of the rules, regulations and policies. There are certain aspects of being a Hearing Examiner, particularly with respect to the manner in which hearings are to be conducted or testimony is to be elicited, which are not readily reduced to a written formula. Although there are general format requirements designed to respond to basic due process concerns, each hearing Examiner tends to develop his or her own personal "style" within the established parameters. Much of what needs to be learned can be learned only (or best) by experience. A treatment much longer than this manual might not anticipate or resolve the full range of issues, intricacies, variations or problems with which the Hearing Examiner may eventually be confronted. It is hoped, however, that this manual will provide the Hearing Examiner with a general overview of the issues most likely to arise. MISSION STATEMENT 4 The mission of the Administrative Adjudication Program is to provide for the hearing and disposition of all contested cases involving violations of the California Vehicle Code (CVC), the Grand Terrace Municipal Code (GTMC) parking regulations relating to the parking and impoundment of vehicles within the area of jurisdiction of the City of Grand Terrace. The intent of legislation authorizing administrative adjudication is to free limited criminal justice resources for more serious criminal matters and to provide a more timely, convenient, simplified and less intimidating forum for the hearing and disposition of contested parking violations. The City acknowledges that it is important that the adjudicatory process thus established be fair and convenient from the viewpoint of those contesting alleged parking violations, while at the same time being efficient, centralized and uniform. The policies and procedures that have been, or will be established, for the operation of the Administrative Adjudication Program are designed to be efficient and fair. It is the primary goal of the Administrative Adjudication Program to provide all individuals charged with a parking violation a forum in which the facts of their case may be reviewed fairly and a disposition rendered in a timely manner. PHILOSOPHY OF PARKING ENFORCEMENT An effective parking enforcement program must protect and fairly apportion scarce parking space for all legitimate users by insuring that those who violate parking regulations are penalized for doing so. Penalties for non-payment of citations must be strong enough to discourage violators from being scofflaws. For repeat offenders who fail to observe parking regulations and fail to pay outstanding parking fines, booting, towing and impounding should be expected consequences. NOTE: Citations lacking the information marked with an asterisk (*) may be dismissed outright by the hearing examiner. This is called a summary dismissal and occurs because the City has failed to adequately establish its prima facie case. Affixing the Notice of Parking Violation: CVC Section 40202(b) and (d) The statute requires that a citation be affixed to the motor vehicle or in the case that a vehicle.was driven away before the parking enforcement officer could affix the citation, mailed to the registered owner of the vehicle. If the respondent claims that the citation was never affixed to the vehicle or seen on the vehicle, and presents credible evidence to substantiate the claim, this may be grounds for dismissing late fee(s) which accrued because the citation was not paid or appealed in a timely fashion. The Hearing Examiner must, however, ascertain whether the respondent was mailed other forms of notice of the alleged violation(s) before a charge can be dismissed. Prima Facie Case: CVC Section 40200 A parking citation containing the requisite information (listed above) which is affixed to a motor vehicle is considered to establish a prima facie case that the registered owner of the vehicle identified on the citation committed the violation. That is, properly completed citation satisfies the City's burden to establish that the violation occurred. However, the prima facie case may be successfully rebutted by a respondent by presenting credible and sufficient evidence that the citation is not valid. What constitutes sufficient evidence to rebut the citation, and warrant dismissal, is determined in a hearing by a Hearing Examiner and is discussed in detail in this manual. Seizure of the Vehicle: CVC Section 22651(i) and 22651.7 (See Sec. 11.0) The City is authorized to seize, ,by immobilization (boot) or impound (tow), at the registered owner's expense, any vehicle that has been issued five or more notices of parking violation over a period of five or more days to AW which the registered owner has not responded. Notice Requirements: CVC Sections 40206, 40207 The California Vehicle Code (CVC) requires that a processing agency notify the registered owner of a vehicle when a citation for parking violation issued to that vehicle is delinquent. This notice requirement is satisfied when the processing agency mails a notice of delinquent parking violation to the last known address of the registered owner, that address being the one which is on file at the Department of Motor Vehicles (DMV). Therefore, a claim that notice was not received is not normally a valid rebuttal to a citation. The processing agency has satisfied the statutory requirements of notice by mailing the delinquent notice to the address of record at the DMV. Notice mail dates may be verified by information contained in Finance Department records. Leased and Rented Vehicles: CVC Sections 40209 and 41102 (See Sec. 12.0) When the vehicle identified on a citation is a leased or rented vehicle, the Vehicle Code mandates certain processing requirements which are listed below: A notice of delinquent parking violation (which includes the vehicle license number and date of the violation) must be sent to the registered owner. The registered owner of the vehicle may transfer responsibility for the violation to the lessee or renter of the vehicle at the time of the violation, but only if the name, address, and driver's license number of the lessee/renter is provided to the processing agency (City) within 30 days of the mail date of the delinquent notice. If the registered owner does not provide this information with the 30 days allotted, there is no requirement to transfer responsibility for the citation. City of Grand Terrace 3 Parking Citation Administrative Manual Let the respondent tell a complete story and present all pertinent evidence, but at the same time, do not permit irrelevancies to intrude on the hearing process. Never get angry. This may be difficult sometimes, since Hearing Examiners are human and some respondents can become quite abusive. But if the Hearing Examiner is able to remain calm and professional, this will often cool down an agitated respondent and will certainly enhance the judicial aura of the proceedings. It should be obvious, but must be emphasized nevertheless, that a Hearing Examiner should not be influenced, one way or another, by any personal bias or animus. The Hearing Examiner, just as obviously, must not solicit or accept anything of value in the course of his or her duties. Any suspected impropriety must be reported to the City Manager immediately. It cannot be overly stressed that even an appearance of impropriety must be avoided. The Hearing Examiner must not conduct a hearing for any relative, friend or close personal acquaintance. If the Hearing Examiner knows a respondent, the Hearing Examiner must inform the City Manager so that another Examiner can be assigned to the case. The Hearing Examiner must abide by this rule even if the Hearing Examiner truly believes that a relationship with the respondent will not affect his or her judgment. The Hearing Examiner must always maintain control of the hearing. This means, among other things, being careful to observe the necessary procedural guidelines (see the section entitled Hearing Procedures). Although the Hearing Examiner should respond to reasonable requests for information or clarification, the Hearing Examiner should not be subjected to a "cross-examination" by the respondent. The Hearing Examiner must not allow the hearing to degenerate into a discussion of matters not germane to the citation(s) being adjudicated. In particular, it is not the Hearing Examiner's function to "defend" City policies or regulations. The Hearing Examiner renders a decision within the framework of the policies and procedures, but the Hearing Examiner position is in no way that of a policy -maker. 1.1.4 Firmness While it is of great importance to be fair, it is also important to be firm. The Hearing Examiner may be tempted to find a respondent not liable, or reduce a fine, feeling that part of justice is leniency or that leniency is good public relations. For several reasons, this is wrong. In the first place, the City is attempting to alleviate the problem of illegal parking. The reduction of a fine, merely because the respondent took the time to come to a hearing or because the respondent had a personal reason (other than a bona fide emergency) for parking illegally, defeats this purpose. Secondly, it is unfair to the public as a whole, in whose interest we function, to make a special exception for someone just because they appear at a hearing. Finally, it is simply not good public relations to provide a loophole for those who wrongly seek to read an exception for themselves into the law. Ultimately, the best public relations is to treat everyone equally and fairly, rather than "give a break" to the special few who attempt to escape responsibility through a Hearing Examiner's sympathy. 1.2 Quantity of Evidence Required to Sustain Case The Vehicle Code states that a properly completed citation is prima facie evidence of the validity of statements contained therein. What this means is that once a citation is determined to be properly completed, and a prima facie case is therefore established that the violation occurred, the burden of producing evidence to rebut the charge shifts to the respondent. City of Grand Terrace 5 Parking Citation Administrative Manual 1.2.4 General Denial Generally speaking, a mere general denial of a violation, unsupported by evidence, will not be sufficient to warrant a dismissal. There are situations in which corroboration may not be possible (e.g., a solitary driver contends that he was "forced" to park where he did because there was another vehicle "hogging" or parked in the "middle of two spaces"). In such cases the Hearing Examiner must make a decision based on a careful appraisal of the respondent's credibility. It should be emphasized that these are unusual situations and normally some sort of documentation or substantiation is available. 13 Examining the Citation to Establish the Prima Facie Case The City's case is almost invariably limited to the production of a copy (or computer printout) of the citation. When a hearing commences, the Hearing Examiner should first examine the citation for defects in the prima facie case. The defects which are fatal to the prima facie case are set out above under "notice of Parking Violation Information CVC Section 40202(a)" (See Page 3). If a defect is determined to be fatal, the citation number must be read onto the taped record and the case dismissed without further testimony. 1.4 The Respondent's Case Once the citation has been read into the record, and examined for obvious defects, the respondent may present his or her case. 1.4.1 The Respondent's Sto Generally, the hearing Examiner should simply let the respondent tell their story. The hearing Examiner must afford the respondent a fair opportunity to establish their defense. The Hearing Examiner must always avoid prejudgment, remaining open- minded and attentive even when the defense seems to be of a routine and obvious nature. It is important to hear and endeavor to understand what the respondent is saying. At times this may not be easy to do, since some respondents may be disorganized or nervous. The Hearing Examiner should try to make the respondent feel at ease and assist the respondent, as necessary, to adequately articulate their defense. But this must be done without putting words in the respondent's mouth or constructing a defense for the respondent. When a respondent has difficulty communicating in the English language, the Hearing Examiner should attempt to secure the services of a translator. This may require that the hearing be continued until another time. NOTE: Special arrangements may be required when a respondent's hearing,or vision is severely impaired. In such cases, the Hearing Examiner should contact the City Manager. 1.4.2 Respondent's Witnesses The respondent may call as many witnesses as needed. The Hearing Examiner should hear the story of each witness and cross-examine as necessary. While a witness is testifying, other witnesses must wait outside the hearing room until called. A respondent may also submit a declaration, signed under penalty of perjury, from a person who cannot attend the hearing but has pertinent knowledge of the facts relating to the respondent's defense. Such a declaration should be presented in the form of a statement that sets forth only those facts that are within the personal knowledge of the City of Grand Terrace 7 Parking Citation Administrative Manual in a case involving a "No Parking" violation, a repair bill that showed replacement of a windshield wiper would be valueless as mitigating evidence. The Hearing Examiner always makes sure the document being presented is actually germane to the case. C. Probative Value of Documents To be assigned any weight when judging a case, a document must prove something or explain something which is germane to the defense. Pictures, for example, in order to be useful, must orient the viewer and tell a complete story. A close-up of a sign on a pole, for instance, is by itself of little use since signs might be stacked one on top of the other or different signs may be 4 posted on another pole nearby. d. Absence of Documents Sometimes the absence of documentary evidence can in itself be instructive. A respondent, for example, who claims to have had an emergency appendectomy and who responds that she doesn't have or "didn't bring" any hospital records, is either sorely lacking in common sense or possibly not telling the truth. The same applies to a number of situations where it is reasonable to expect the respondent to produce some documentary evidence. If the Hearing Examiner believes that a reasonably prudent person would have produced documentary evidence to support a defense, this may be considered as a basis for sustaining a citation on the grounds of incredibility of the evidence or inadequate proof of the defense. NOTE: Anything that is submitted must be retained in the file as it constitutes a part of the record for purposes of a possible appeal. For the documents that the respondent must retain, a complete copy should be made for the official file of the hearing. If the respondent wishes to withdraw an item from evidence, the hearing Examiner should explain the possible consequence to the defense and that the document may not be subsequently accepted on appeal to civil court. If the respondent persists, be certain that the respondent stipulates on the record the exact items that are being withdrawn and that the respondent is withdrawing the items of their own volition. As a matter of routine practice, the Hearing Examiner should read into the record any evidence submitted, or describe any items or objects (such as pictures, charts, photos, invoices, etc.). No case should be continued solely because the respondent failed to bring all of the available documents that the respondent may consider to be pertinent to the hearing. 1.5 The Cross Examination Once the respondent or witness has stated their defense, the Hearing Examiner should begin the cross- examination. This is the point where skill in examination is critical. 1.5.1 Objects of Cross -Examination There are a number of things to determine on cross-examination. In the first place, the Hearing Examiner should understand the perception of the witness. Did the witness actually see what the witness thinks he saw? Did the witness look, hear, examine, etc.? City of Grand Terrace 9 Parking Citation Administrative Manual truths. "There was no sign," "I was pushed," "I was unloading," "It was an emergency," "I broke down," etc. All of these arguments, if proved, might mitigate the violation, but they should never just be accepted on their face. The Hearing Examiner should encourage a witness to go into detail. Pin the witness down as much as possible on actual observations, actual times, distances, etc. Sometimes a different picture will emerge. Thorough questioning may sometimes reveal that a respondent and his witness are diametrically opposed in their stories. If a witness says that there was no sign, make the witness reconstruct the "search" for a sign. How far did he look? Did he walk to each end of the block? Do his photographs show the whole block or only part of it? Sometimes the Hearing Examiner may discover that the witness didn't happen to see a sign that was posted near the car and assumed parking was legal. In the case of a mechanical breakdown, make the respondent describe the whole story with a sequence of events and times. Where was the car repaired? When was it repaired? How did the respondent find the repair garage? Be suspicious of bills from garages far from the alleged breakdown. Find out if the car was already illegally parked before the alleged breakdown occurred. If the respondent was knowingly operating a defective vehicle, the respondent may be liable if the defect caused the breakdown. If the issue is late fees, the "complete" story may paint a different picture. "I never received the ticket" may mean that a person with the respondent removed the citation. Or it may mean that the respondent's daughter, who._ was actually driving the car, threw the citation away. Find out if someone else was driving the car. Even so, the respondent, as registered owner, is still liable for the fine and any late penalty. Examine such stories as "I was out-of-town" and therefore, could not respond to the citation or late notice. Quite often, it may turn out that the respondent was actually away for a much shorter period of time than may fast appear. This kind of questioning --filling out the story —can often uncover the real story. Sometimes, the Hearing Examiner will find that an excuse, even if true, is inadequate for dismissal. Often, too, the responses elicited help to determine the credibility of a witness. Sometimes this type of examination will focus on a detail (e.g., actual measurement, actually walking the entire block looking for a sign) which the Hearing Examiner can rephrase so directly that the witness must perjure himself to answer it in his favor. Here many witnesses will falter, allowing the Examiner to pierce the story. And, alternatively, thoroughly checking the whole story may sometimes enable the Hearing Examiner to see the merit in a defense that in its shortened form sounded inadequate or not believable. b. Rapid Questioning If the Hearing Examiner suspects the credibility of a witness, the Examiner may uncover inconsistencies by a series of detailed questions in rapid succession. It helps to have a plan, but sometimes the Hearing Examiner can just proceed instinctively by getting the witness to detail the story with such fast questioning that the witness doesn't have time to fabricate an answer. City of Grand Terrace 11 Parking Citation Administrative Manual The Hearing Examiner must consider the results of the required administrative review when rendering a final decision. Since the results of the administrative review must be forwarded to the examiner as part of the respondent's file, a hearing cannot be scheduled until the administrative review process is complete. The Hearing Examiner should routinely examine a case file to determine whether the required administrative review has been completed. An administrative review which concludes that a citation was "validly issued" does not dispose of the case entirely. The respondent is entitled by State Law to the option of a hearing to demonstrate that both the citation and the result of the administrative review are in error. The respondent will be apprised of statutory entitlement to a hearing as part of the written result of the administrative review. 1.7 The Decision 1.7.1 Determination After the Hearing Examiner has digested and weighed all the evidence, a ruling must be made. The available facts must be applied to the law. The Hearing Examiner must determine whether the City's prima facie case has been sustained by a preponderance of the evidence, or, alternatively, has the respondent convinced the hearing Examiner of a legally sufficient defense or mitigating explanation? If the respondent has proven the defense to the Hearing Examiner's satisfaction, the respondent should be found "not liable" and the citation permanently suspended If the respondent has not presented a credible defense, the respondent must be found liable and the full fine forfeited. Either the respondent has adequately proven a defense or the defense has failed. Absent other mitigating circumstances, a respondent found liable has forfeited the full fine. The only exception to this would involve circumstances pertaining to the application of late payment penalties. Only in those cases in which the Hearing Examiner is convinced that sufficient mitigating circumstance prevented the respondent from being able to make payment in a timely manner, may the late payment penalty be waived. Late payment penalties are discussed in detail in a following section of this manual. , il Normally, the Hearing Examiner will not leave the hearing room while deliberating. Once the Hearing Examiner has reached a decision, it should be announced to the respondent on the record. The Hearing Examiner may announce the decision either before or after it has been written. The Hearing Examiner must never change a decision after it is announced merely because the respondent objects to it. The Hearing Examiner must not vacillate. Only if prior to the conclusion of the hearing the Hearing Examiner realizes that an error has been made should the Hearing Examiner reconsider a ruling. In other words, simple, even strenuous, disagreement over the result cannot cause the Hearing Examiner to change the decision. If the respondent disagrees with the analysis and the outcome, the recourse is to file an appeal in civil court. The Hearing Examiner's decision should be final for the hearing. A written notification of the Hearing Examiner's decision will be mailed to the respondent. The mail date of the written decision starts the clock ticking on the respondent's 20 day time limit for filing an appeal with the civil court. 1.7.2 Rationale for the Findings Each decision should be accompanied by a brief statement of the Hearing Examiner's rationale. Of course, every decision need not be accompanied by a detailed history of City of Grand Terrace 13 Parking Citation Administrative Manual notice was mailed to a "wrong" address, the respondent must prove that he fulfilled his responsibility by filing a timely change of address with the DMV. A respondent's attempt to file a change of address with a processing agency will not be effective in directing future overdue notices to the correct address and will not fulfill the statutorily mandated responsibility to maintain a current address with the DMV. In any case, it should always be recognized that the postal service, if notified, routinely forwards mail to a new address for up to one year. 1.9 Fine Amounts The Hearing Examiner does not have the power to adjust the amount of a fine for a violation. Fine amounts are set only by the City of Grand Terrace pursuant to Vehicle Code Section 402.03.5. The fad that the same type of violation may "cost" a different amount depending on the month and year that a citation was issued, does not give a Hearing Examiner the authority to adjust fine amounts to achieve "uniformity". Likewise, parking enforcement personnel do not have the power to access a different fine by writing in an amount on the citation. In such cases the violator must be charged the fine amount authorized by the City at the time the citation was issued. However, if the citation reflected an incorrect parking penalty amount, the possibility that the respondent was confused should be given considerable weight when reviewing the appropriateness of suspending a late payment penalty. 1.10 Prior Dismissals/Precedence It is possible that a Hearing Examiner may discover that a hearing is being held for a citation that has been previously dismissed. Obviously, such a case should be dismissed. The computer record maintained by the City is a good source of previous dispositions and should indicate any prior dismissal. Otherwise, the respondent would have to present convincing proof that the citation was previously dismissed With the exception of a prior dismissal, however, a prior decision (by any Hearing Examiner) does not have the force of precedence, even if the earlier decision was for the same type of violation and under very similar circumstances. Regardless of prior rulings, the hearing Examiner must consider each case on its own merits. A prior dismissal may, after all, have resulted from an error or been based on a subjective judgment of credibility or an analysis of the evidence with which another Hearing Examiner might not agree. Likewise, a prior finding of "liable" (for a different citation) is not relevant in any subsequent hearing and should not prejudice a respondent's case. Obviously, should a Hearing Examiner become aware that he/she had previously ruled on a citation, the Hearing Examiner should, after consulting with a supervisor, decline to re -hear the case. 1.11 Prior History of Violations A related but more complicated issue is the question of whether, or to what extent, a history of prior violations should be relevant to the adjudication of a subsequent case. First, it must be emphasized that the fact that an individual has received other (or similar) citations in the past, or has conceded the validity of prior citations by making payment, or appealed prior citations, cannot be used as a basis to conclude that the respondent is "liable" in subsequent hearings, or that because the respondent is of a "litigious" disposition that there is diminished merit to a defense. The existence of other citations may be relevant to the issue of notice (i.e., an earlier citation at the same location or the same type of violation may weaken a respondent's contention that she was unaware of posted signs). It should be emphasized that awareness that one is committing a violation is not an element that is required to be established in deciding the validity of a citation. Similarly, citations at the same location issued to the same vehicle might impeach a respondent who asserts that she has never City of Grand Terrace 15 Parking Citation Administrative Manual 2.2.3 State the date and time and instruct the respondent to give his or her name and address for the record. 2.2.4 Ask the respondent if he or she is the registered owner of the vehicle involved. If not, ask him or her to state their relationship to the registered owner or interest in the proceeding. ' 2.25 If witnesses are present, ask them to give their name and address for the record. 2.2.6 Swear in the respondent and witnesses by instructing them to put up their right hand and repeat the oath. If someone objects to taking an oath, any formal assertion of intention to testify truthfully will suffice. 2.2.7 Recite the following oath: "Do you swear or affirm that the testimony you give will be the truth?" If yes, please say "I do." 2.2.8 Excuse all witnesses and inform them that they will be recalled when it is their turn to testify. 2.2.9 Read the citation number, license plate number and state of registration, date, time, location and type of violation into the record. 2.2.10 Request that the respondent enter a plea of "admit liability with explanation" or "deny liability" for the record. 23 Review the Prima Facie Case 23.1 Examine the citation to determine if all statutorily required and pertinent information has been entered by the issuing office. 23.2 If any vital information is missing, dismiss the citation. 233 If no required information is missing, follow steps outlined in 2.4 for a plea of "admit liability with explanation" or follow steps outlined on 2.5 for a plea of "deny liability". 2.4 "Admit Liability with Explanation" 2.4.1 If the respondent admits liability but desires to submit a mitigating explanation, ask the respondent to testify to the mitigating circumstance. 2.4.2 Following the testimony, ask the respondent for the record if there is any additional testimony or evidence they wish to present. 2.43 If the testimony does not clearly set forth the mitigating circumstance, ask the respondent questions relating to the testimony. 2.4.4 Call in witnesses, if needed, one by one. Ask the witnesses to present their testimony for the record. 2.4.5 Review all documents and other supporting evidence. For the record, read aloud or describe any documents presented. Place copies of all documentation or other supporting evidence in the case file. 2.4.6 Ask the respondent if there is any further testimony prior to closing the hearing. City of Grand Terrace 17 Parking Citation Administrative Manual A hearing Examiner is not required to tolerate personal abuse as part of the position. If a respondent becomes abusive, the Hearing Examiner should warn him or her to desist, and that if such behavior continues it will result in a termination of the hearing. If a hearing must be terminated because of a respondent's objectionable behavior or refusal to comply with the procedural requirements (after proper warning), the hearing examiner should enter a decision based on the evidence to that point. It is vital that the Hearing Examiner record the entire proceeding (including warnings about objectionable behavior) and include an explanation of the resulting action on the decision form. Again, it should be emphasized that everything, from the moment the respondent enters the hearing room until the announcement of the decision and the conclusion of the hearing, must be recorded on tape. If the Hearing Examiner suspects that a problem will develop, the proceedings should continue to be recorded until the respondent has left the hearing room. It should be noted that premature termination of a hearing is a radical step and should be avoided, if possible, in all but the most flagrant cases of misconduct. 2.8.2 The Represented Respondent An appearance by a representative or agent may be made for the registered owner of the vehicle that was cited. The agent might be a relative or friend, the actual operator of the car at the time it was cited, the lessee of a rented car, an officer of a corporation, or an attorney. At present, the City will allow anyone to appear for the registered owner, so long as there is a clear statement on record of the registered owner's name and address and the relationship of the person appearing to the registered owner. 4r The oath should be administered to the representative or agent in the same manner as it would be administered to the registered owner. 2.8.3 Ethical Guidelines If at any time ;a Hearing Examiner is confronted with a respondent, either registered owner or representative, and the hearing Examiner believes that there may be bias for or against, the Hearing Examiner should disqualify himself or herself. If for any reason it could be implied that the Hearing Examiner would benefit from a decision favoring or not favoring the respondent, the Hearing Examiner should disqualify himself or herself. If, at any time, an approach is made by any person, including someone connected with the City, that, either directly or by implication, attempts to influence the hearing examiner's decisions, the situation must immediately be brought to the attention of the City Manager. At no time is any Hearing Examiner or any other employee of the City to suggest, arrange, or agree that any particular respondent appear before any particular Hearing Examiner. Any such request or suggestion shall be immediately reported to the City Manager. Failure to report such a suggestion or arrangement may constitute grounds for disciplinary action against all parties withholding such knowledge. City of Grand Terrace 19 Parking Citation Administrative Manual It should be noted that a claim that some of the information on a citation is factually incorrect is not a challenge to the prima facie case, but only a challenge to the correct identity of the vehicle that was cited. If the respondent successfully proves that his or her vehicle was not identified on the citation, this does not permanently dismiss the citation, but rather transfers responsibility to another vehicle. 32 Ille ibili Where the handwriting on an original citation is so illegible as to be indecipherable, it should be summarily dismissed. This rule does not apply to messy, smeared or otherwise unreadable carbons, as this would encourage some individuals to tamper with or deface the windshield copy of the citation. Such claims must be verified with a photocopy of the original citation maintained on file at the Finance Department and in almost all cases will have already been considered in the administrative review. If the Hearing Examiner determines after further review that a citation is actually unreadable or illegible, it should be dismissed. 4.0 LATE PENALTIES 4.1 Computation of Late Penalties Late penalties are assessed 15 days after the mail date of the notice of delinquent parking violation. The penalty is the amount of the original fine plus the delinquent amount as adopted by resolution of the City Council. The State mandated surcharge is currently $5.00 and is in addition to any other penalties. 42 Potential Defenses for a Late Payment 4.2.1 Non -Receipt of Notice 4+ The most common defense claimed for making a late payment is non -receipt of the windshield copy of the citation. Occasionally, it happens that a citation is removed by pranksters or blown off the windshield. If this were true, it may be a defense to paying the original fine only after receipt of a delinquent notice, but it should never be accepted as a defense to a late response to the notice of delinquent parking violation, which must stand on its own. When a respondent claims non -receipt of a citation, the respondent should be questioned closely. Some techniques are suggested in the section in this manual on examination. This defense should never just be accepted on its fad. "Non -receipt" may also mean that the registered owner didn't physically receive the citation from the operator of the vehicle. This is not a valid defense, since the respondent is bound by an operator's failure to comply with the parking laws. To require less, would give everyone license to claim someone else was operating the vehicle as an excuse for being late and as a defense for the violation. The Hearing Examiner should make it standard practice to always determine who was actually operating the vehicle at the time of the violation. If someone else was the operator, the late payment penalty should always be sustained unless it can be demonstrated that the required notice of delinquent parking violation was not sent to the address on file at the DMV for the registered owner. Timely response to a notice of delinquent parking violation can be some evidence of good faith, although it does not change the rules regarding the operator's receipt and failure to respond to the citation. City of Grand Terrace 21 Parking Citation Administrative Manual 5.0 CONTINUANCES 5.1 Pre -Hearing Continuances After the required speech reminding respondents of their right to present evidence, and under appropriate circumstances, a continuance may be granted to those requesting for the fast time. Hearing Examiners should not engage in a "pre -hearing" to decide this. If there is doubt, grant the continuance. Relevant considerations are: * The reason(s) the respondent cannot produce evidence or otherwise adequately state a case at the time of the hearing; O* The likelihood that a continuance will result in the production of significant relevant evidence; and The sincerity and credibility of the respondent. 52 Continuances for Further Proof After Hearing Commences These are virtually never to be granted. Only in the case that the respondent convinces the Hearing Examiner that: (a) there exists evidence which would be non -cumulative and exculpatory and; (b) that the respondent was genuinely taken by surprise, should a continuance be granted. This last requirement rules out all respondents except those whom you determine genuinely misunderstood the nature of the hearing, or if they understood, were not then aware of the existence or availability of the evidence until they were already in the hearing. A continuance is Apt to be given to anyone who should have understood the opening instructions and could have requested a continuance then, even if he or she did not realize that the evidence he or she "left at home" could have helped. The instructions on the citation and the opening instructions for the hearing are adequate prior notice. 53 Other Continuances Should the respondent or a witness become ill during a hearing or another emergency delay the hearing, a continuance may be granted. 5.4 Procedure for Recording Continuances Continuances of matters heard on a citation should be granted for no more than 10 calendar days unless the respondent proves that he or she will be out of town, hospitalized or otherwise unable to appear. In this case, a longer period of time may be granted. The matter should be logged and the continuance notation written on the hearing disposition form. Both appearance date and continuance date should be written in full to avoid possible tampering. When granting a continuance, the Hearing Examiner must complete the continuance form and give one copy to the respondent. The information required must also be recorded on the tape of the hearing. Respondents should be warned that failure to appear on the continued date may result in late penalties being assessed and a judgment taken by default for the full amount of the fine. They should also be instructed to bring with them to the next hearing any late notices they receive during their continuance. When a hearing is re -opened, the proceeding must be recorded on tape, whether the respondent has returned or not. The information must, of course, also be added to the Hearing Examiner disposition form. City of Grand Terrace 23 Parking Citation Administrative Manual This claim must be raised after receipt of a notice of delinquent parking violation, not on the windshield copy of the citation. Possession by the respondent of the original citation is a virtual negation of this claim b. Proof Required The only acceptable and conclusive evidence is a copy of the vehicle registration card issued by the Motor Vehicle Registry of the State which issued the license plate cited. The registration must be carefully reviewed to verify that it was in force on the date the citation was issued. For the case in which a respondent claims that the vehicle identified on the citation was sold, proof must be provided that the vehicle was properly transferred prior to the ow date of the violation occurred. 7.13 Material Error in the Allegation The respondent may contend that the issuing officer made an error in alleging the offense. Because a citation is the prima facie case, the case stands or falls as charged — at least as to the material elements of date, time and place. If the respondent conclusively proves that the vehicle was not at the place charged at the time or on the date charged, or did not do what is charged, the citation should be dismissed. Please note that it is not conclusive to prove where the respondent was on the date of the violation, the citation was issued to a vehicle, not the respondent. Some flexibility should be maintained in reviewing the address on a citation (e.g, location is given as 200 N. Main, and respondent claims he was in front of 226) or obvious inversions of the date and time (e.g., "21/1092" as the date or the insertion of "2 p.m." in the date space and "11/3/92" as the time). This kind of error most not, without other proof, negate the charge. Minor and subjective differences in vehicle description (such as color) and variations on make (such as Ford or Mustang) should be overlooked as immaterial. ' Finally, reference to an incorrect section of the Vehicle Code may be overlooked as long as the citation properly states the infraction in words or understandable abbreviations. 7.1.4 Time of Observation Versus Time of Writing The relevant time for any allegation of parking violation is the time the infraction is observed, not the time the notice is actually written. Therefore, where a respondent proves that a citation was written before the prohibition came into effect, such as a time of 3:55 p.m. written on a citation for No Stopping/Standing 4:00 p.m.-6:00 p.m.", the citation should be summarily dismissed. On the other hand, if an officer observed a violation before a prohibition expired (e.g., a citation for "No Parking 7:00 a.m. - 9:30 a.m." written at 9:25 a.m.) and notes this time on the citation, but actually completes and affixes the citation to the vehicle after the prohibition has expired, the citation is technically sound. It is not a valid defense to assert that the citation was actually completed and placed on a vehicle after a parking restriction had elapsed. 7.1.5 Challenge to Issuing Officer's Judgment A respondent may claim that the officer was mistaken in his or her judgment that the car was parked in a crosswalk, etc. Again, reference should be made to the elements of the offense charged, to be followed by an examination of the respondent's proof. City of Grand Terrace 25 Parking Citation Administrative Manual 7.1.9 Preferential Parking_ Zone Violations A valid permit is required for any vehicle parked in an area established as a preferential parking zone and signs are posted which give notice of the zone. All preferential parking permits are not valid in all zones. Permit holders are required to abide by the parking regulations adopted by the City in which they are parking and prominently display their parking permit. The Hearing Examiner will be provided with the rules and regulations adopted by the City. A permit violation shall not be dismissed because a permit holder did not know that her permit was not valid in the area where she was cited. Non -display or improper display of a preferential parking permit is a violation of City regulations, and multiple citations for this violation should not be dismissed. Visitors who display parking permits are required to follow zone regulations and prominently display the placard. An assertion that the respondent did not know they were parking in a preferential parking zone or that they were required to display a parking permit while parked is not grounds for dismissal of the violation. 72 Explanations There are certain explanations which, if proven, and under certain circumstances, may be the basis for a dismissal. 72.1 Vehicle Breakdowns If a vehicle suffers a mechanical breakdown and if reasonable efforts are made to have the vehicle removed from the street, a citation for illegal parking issued while the car was incapacitated may be dismissed. To maintain the claim of "mechanical breakdown: four elements must be proven: * The respondent must prove that the breakdown actually occurred. * The respondent must prove that the vehicle was not illegally parking before the breakdown occurred. * The violation must have resulted from the breakdown. * Reasonable steps must have been taken to remove the vehicle from the situation that caused the violation. NOTE: If the Hearing Examiner is fully convinced that all four elements of the claim have been sustained by a preponderance of the credible evidence, the Hearing Examiner may find the respondent not liable. If respondent's proof on any of the first three elements fails, the hearing Examiner should sustain the citation and find the respondent liable. 7.2.2 Poverty In a very few cases, a respondent may claim and may even prove that forfeiture of the fine on a citation would be a great financial hardship. In fairness to the public at large, this must not be used as the basis for a finding of not liable or a reduction of City of Grand Terrace 27 Parking Citation Administrative Manual The "short errand" is a very common excuse. Running in to pick up someone or something is a common excuse for parking illegally. It is not legally valid, however, and should not result in anything but a finding of liable. 733 "Doctor/Dentist Appointment"/Late for Class" Like other citizens, the owner of a motor vehicle must plan a way to arrive on time for a dentist or doctor appointment or to a class without parking illegally, and if this is not done he or she must accept responsibility. 73.4 "Business or Personal Appointment" The same applies here. The driver of a motor vehicle must accept responsibility for planning to arrive on time for appointments. Being late does not bestow upon the driver the privilege of parking illegally. 73.5 "Car used for City Business" Some employees are authorized to use their personal vehicles for City business. If the respondent claims an actual business use of the vehicle and, therefore, requests consideration under the regulations concerning City vehicles, the respondent must present a letter signed by the City Manager so stating. This still does not bestow upon the driver the privilege of parking illegally. Current City policy does not authorize use of private vehicles for City business. 73.6 "I_have, a valid placard" Many people believe that because a special placard has been issued to them, they 4, should automatically be granted the special privileges. Special parking privileges for certain groups of individuals, such as disabled persons, are alway§ contingent upon the prominent display of the qualifying placard or plate. A citation is valid if there is no proof that a qualifying placard was actually displayed at the time of the violation, even if the person actually qualifies for the special privileges. 73.7 "The permit was in the car. The officer should have seen it. - Special permits must be placed in the lower left corner of the driver side windshield, or hung from the rear view mirror, or adhered to the left rear bumper. Any other place is not acceptable. 73.8 "No Place Else to Park"/"The Lot Was Full" Rather than being a valid excuse, this in fact confirms the respondent's liability. This excuse also implies that if a person can't conveniently comply with the parking laws, he or she has the right to violate it. This, of course, is not the case. It is every driver's responsibility to locate legal parking. 73.9 "I Didn't See the Sign" A driver is required to look for signs when parking. This may mean checking an entire block from corner to corner. Drivers are also required to notice signs as they drive. That a person did not see a sign forbidding parking is not an acceptable excuse. City of Grand Terrace 29 Parking Citation Administrative Manual 73.17 "Nobody Else Got a Ticket" Sometimes this defense is phrased as "discriminatory enforcement". Occasionally it is true that an officer didn't cite an entire area. Other vehicles may or may not have been parked illegally. The officer also may have had to leave the area before checking all vehicles. However, it doesn't even matter. A citation stands on its own. Whether the respondent was properly cited for the particular violation is the only issue in a hearing. Therefore, even if the respondent was the only person in the area cited, the issue is, was she violating the law? If so, the claim that she was the only one cited is without merit both as a defense and as an explanation in mitigation. 73.18 "The Whole Block was Parked" or "Everyone Else Was Parking There" In parking situations, this excuse is usually more a case of individual carelessness than custom or misunderstanding. Had the respondent looked, he would have seen the sign and realized that the "other cars" were parked illegally too. Custom, or the fad that others are committing the same violation, should be rejected as a valid defense. 73.19 "Someone Else Had My Car" In the absence of outright theft, the Vehicle Code is clear that the registered owner of a vehicle is responsible for the safe and legal operation of the vehicle. Whether a vehicle was borrowed and parked illegally by a relative or friend, or by a garage attendant, etc., it remains legally in the owner's care. The owner is responsible for all citations gathered by an operator and for all penalties incurred due to the operator's lateness or failure to respond. 73.20 "The Officer Saw me park and Didn't Say Anything— or-- Said It Was O K for a Few Minutes. etc." There are some misunderstandings which seem to be based on the proposition that officer inaction somehow implies granting an exemption. Where this excuse is offered in good faith, it is very important to explain that the officer that saw them park and with whom they spoke may not have written a citation, but that in no way implies that they are exempted from the parking regulation, or preclude the possibility that another officer may come by and write a citation. This excuse is to be rejected. 73.21 "The Officer Told Me" Many people think that an officer may grant illegal parking if he or she wishes to do so. This is not true. (See 8.3.22) 73.22 "The Officer Apologized But Wrote The Citation" Such a statement only indicates that the officer may not have wanted to fight about the violation. It is easier for the officer to let the respondent vent his or her anger on the Hearing Examiner. This excuse should be rejected as meaningless and irrelevant. It should be noted that if the officer really believed that an error was made, the officer has the option of recommending to a supervisor that the citation be dismissed. This citation would be dismissed prior to or during the administrative review. City of Grand Terrace 31 Parking Citation Administrative Manual The Hearing Examiner's standards for judging the validity of a case where a vehicle was towed should never vary from other cases. NOTE: The above are simply some examples of the cases that we anticipate in our hearing rooms and are meant only as suggestions. The Hearing Examiner must decide each case on its merits. 8.0 SPECIAL CLASSES OF VEHICLES 8.1 Commercial Vehicles A commercial vehicle is defined by the State of California as any "vehicle of a type required to be registered as commercial or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property." The State of California issues a distinctive type of license plate to commercial vehicles. The plate is identified by a number followed by a letter followed by five numbers, for instance 2B12345. Some commercial vehicles are issued personalized plates as indicated on the vehicle registration. Commercial vehicles registered out-of-state are also subject to the special conditions listed below. Commercial vehicles are exempt or partially exempt from certain rules or types of violations. It should be emphasized that commercial vehicles are subject to all other rules and regulations whether or not they are loading or unloading. For example, they must pay for metered spaces, they cannot park in No Stopping/Standing" Zones or within 30 feet of intersections, or block fire hydrants. They are not allowed to double park, although some drivers will maintain that individual enforcement officers tend to give them some leeway. Such allowances are not in accord with the rules and regulations of the City and do not afford a respondent an effective defense when a double parking citation (or any citation for a valid violation) is issued. When a commercial vehicle is cited for exceeding the allowable time in a zone, the officer who writes the citation must indicate in the remarks section the time he or she began to observe the vehicle and another time when the vehicle became in violation. The two times must be more than 30 minutes apart. Several problems tend to characterize hearings involving commercial vehicles. The issue of identification as a valid commercial vehicle is sometimes raised. If the license plates are personalized or issued by another jurisdiction and the respondent provides a valid DMV commercial registration card, the vehicle should be considered a commercial vehicle for the purpose of the hearing. A respondent may try to appeal to a Hearing Examiner's sympathy by arguing that certain parking practices are essential to the conduct of his business, or necessary for his livelihood. However, if a practice (such as overtime parking) is illegal, a Hearing Examiner must not create a special exemption to the parking laws because of a desire to alleviate the respondent's hardship. It would be improper for a Hearing Examiner to dismiss a validly issued citation for such a reason. A Hearing Examiner does not have the authority to effect such a policy change. A problem sometimes arises when the respondent claims that, although two times are listed on the citation which are over 30 minutes apart for a Loading Zone violation, he had, within that time, moved the vehicle and returned, and, therefore, had not exceeded the allowable time limit for the particular zone. In any event, the burden is on the respondent to establish that the vehicle was not at the location in question for the period stated on the citation. To the extent that he is able to do this (through the presentation of invoices, delivery logs and the like), the Hearing Examiner may exercise some discretion, bearing in mind that the purpose of these time restrictions is to encourage turnover and discourage vehicles from occupying spaces for long periods to the exclusion of other vehicles. City of Grand Terrace 33 Parking Citation Administrative Manual Environmental/personalized license plates will have a "DP" sticker affixed on the license plate, to the right of the month indicating disabled person. This sticker indicates that the vehicle owner is entitled to disabled parking privileges. All disabled person placards have an identification number, and each recipient of a placard issued by California is given an identification card with the corresponding number. Each person issued a placard must carry his or her identification card and, if requested by a peace officer, he or she must present it. Most disabled persons choose the disabled placard as their means of identification. With the placard there is more flexibility, since the placard can be placed in any vehicle that the disabled person will be riding in or driving. The Department of Motor Vehicles does not have a preference on placard versus license plate. DMV informs the applicant of the correct location to place the placard, so that it can be clearly visible to all law enforcement officers. The placard shall be placed on the dashboard on the driver's side of the vehicle. 93 Issuance The Department of Motor Vehicles tries to assure the issuance of one placard per person. The exception is: organizations and agencies responsible for transportation of disabled persons may have a placard for each vehicle for the purpose of transporting the disabled persons. NOTE: There is no difference in the disabled person vehicle license plates that are issued to passenger vehicles and the disabled person vehicle license plates that are issued to commercial vehicles. Further, when a commercial vehicle displays either a disabled plate or the disabled person placard, the vehicle is entitled to all parking privileges permitted under California State Law. 9.4 Tarking Pi ivileges Disabled persons/veterans whose vehicle displays a qualifying disabled person plate or placard shall be allowed to park in: a. any metered space without being required to pay any meter fees b. specially reserved disabled person parking spaces C. green zones for an unlimited time d. time limit zones for unlimited times e. any other regulated parking space not affecting the public's safety NOTES: Only the person to whom the disabled person placard was issued or someone transporting the disabled person may legally use the placard. Proof that a person was engaged in transporting a disabled individual while properly displaying the disabled plate or placard would constitute a valid defense for the above mentioned exempted violations. Without such proof the citation may not be dismissed. Vehicles displaying distinguishing disabled license plates or placards issued by jurisdictions outside of the State of California are allowed the same parking privileges as disabled persons or veterans of the State of California. These individuals are also subject to the same requirements of proof to dismiss a citation. Disabled persons cannot park in zones in which the stopping, standing, or parking of all vehicles is prohibited. With the exceptions just noted, vehicles with the disabled designation may receive a citation for failing to adhere to parking regulations. In such a case, the hearing Examiner must use discretion in determining whether the particular handicap of the respondent, in conjunction with the surrounding circumstances, warrants dismissal of the citation. City of Grand Terrace 35 Parking Citation Administrative Manual 11.1 Tow and Storage Fees The owner of a vehicle that has been impounded for unpaid parking citations will incur a tong charge and may also incur storage fees. These fees are set by the individual tow and storage business and are collected by the individual that towed the vehicle. The basic towing fee is established by the towing agency and is determined by prevailing rates. If the vehicle is not immediately reclaimed and the towing agency is required to store it, storage fees per day will be added as determined by prevailing rates. After the seventh day of storage, an administrative fee may be charged by the garage/storage business for DMV processing. 11.2 Hearings on Seized Vehicles A few options are available to an individual whose vehicle has been seized and who wants to contest the 6 validity of parking citations: He or she may decide to pay all of the citations owed on the vehicle and schedule a hearing in the future for those citations he or she wishes to contest. The vehicle will be released after the fines are paid and the respondent will be given the opportunity to challenge the validity of citations at a scheduled hearing. The respondent will be entitled to a refund of the fine paid for any citation that is dismissed as a result of the hearing. However, since the towing and storage fees are not subject for review in a hearing and are the result of a failure to expediently address numerous notices of delinquent parking violation, the fees will not be refunded even if the citations are dismissed. He or she also has the option of contesting the citations before obtaining a release of the vehicle. It is the policy of the City to expedite the scheduled hearing date for anyone whose vehicle has been seized. In a great many cases, the responsible party will be scheduled for a hearing the next day. In such a case, a booted/immobilized vehicle on a public street will be towed at the owner's expense to a storage area for safe keeping. The responsible party must be advised of this additional incurred cost which will not be refunded even if the citations are dismissed. 11-3 Release of Seized Vehicles No vehicle will be released once it has been seized until all of the outstanding citations charged to the seized vehicle, and an other vehicle ---:-.-red to the re istered weer of he seized vehicle have been resolved by payment or administrative adjudication. Payment can be made s any manner except by Personal check. If the vehicle is towed to a garage or storage lot, it will only n released when the responsible party presents a release form obtained from the garage or storage lot which indicates that all outstanding citations have been resolved, and upon settlement of the fees charged by the garage Towing agencies routinely require cash, money order or certified check for payment. 11.4 Court Anneal For Seized Vehicles Subsequent to a negative administrative review and Examiner's Hearing, a responsible party may appeal and request a court hearing. Per Section 11.3 above, all citations must be resolved by payment prior to release of the vehicle. Posted bail amounts and fees will be held by the City until notified of final adjudication by the Court. 12.0 RENTAL/LEASED VEHICLES CVC Section 40200 and 40209 An individual who leases or rents rather than owns a vehicle is jointly liable with the owner for citations issued to that vehicle. The following is a brief summary of the special procedures for rented or leased vehicles. City of Grand Terrace 37 Parking Citation Administrative Manual HISTORICAL & CULTURAL ACTIVITIES COMMITTEE MINUTES FOR'S 1994 MEETING XT01� The meeting was called to order at 7 PM by Chairman Vi Gratson. The Secretary was absent; minutes were taken by Colleen Edmundson. 'Those present were Colleen, Vi, Ann Petta, Judy McBride, John Donlevy, and Pauline Grant. The Secretary's minutes for September were read and approved on motion by Ann, seconded by Pauline. There was no Treasurer's report; however, there is a balance of $422 from previous year Plus this year's budget, a balance of $1922.00. Old Business Tapes: Yolanda will transcribe when she has slow time at City Hall for which time we will not be charged. She gave Ann two tapes to be edited along with the first finished one. We will only be charged for the finished pages. There was a discussion on how to edit finished tapes. Vi will keep actual tapes here at City Hall. Country Fair: Only 12 entries have bben received so far. Ann has a goal of 40. Items must be home made. Vi went to Accent Printing and had a sample postw 'yAa.A e , 5iApe will order 30.posters, Judges were named for the cooking contest: Gil Molino, Lions's Club, Betty Mason, Women's Blub President, Dan Bushanan, City Council, Mary Ann Eliott and Tracy Martinez as alternates. Pauline will call the proposed judges. John suggested the Penny Saver for publicity. Judy discussed ways to count the results so judging will go faster. Square Dancers or Line Dancers were discussed. There will be a clown who will not charge. John discussed charging entrants, something we have never done. There was a question by Ann as to baskets which do not contain home made items. We will discuss again. Birthday Party: The Committeed will not have a ham this year but will have lazanga. John reminded members of the Volunteer Picnic to be held on October 22nd at Cage Park. The meeting was adjourned at 8 PM. The nest meeting will be November 7th at 7 PM. Respectfully submitted, i Hannah Laister, Secretary RECEIVED .:ITY CLERK'S DEPT. COUNCIL AGENDA ITEM #5A 1 q t,l i Y ter I,KAN 1) '1 EMACE PARKS AND RECREATION COMMITTEE Special Meeting RECEIVED MINUTES October 3, 1994 —_1TY CLERK'S DEPT. The Grand Terrace Parks and Recreation Committee met for a Regular Meeting in the Upstairs Conference Room at the Civic Center. The meeting was called to order at 7:15 p.m. by Chairman Mike O'Connell. MEMBERS PRESENT were Mike O'Connell, JoAnn Johnson, Lenore Frost and Dick Rollins. MEMBERS ABSENT - Barbara Fasenmyer. *W CITY STAFF - Karen Gerber, Parks and Recreation. GUEST PRESENT was Mark Krell, Soccer League **Since guest Mark Krell needed to leave early, the question about keys was resolved quickly. Soccer will rekey the lock on the Terrace Hills Snack Bar and will turn a set of keys over to the city and to Little League. "Approval of the Minutes of September 19th was given. The motion by Lenore Frost, second by JoAnn Johnson and Dick Rollins abstaining. **Karen Gerber reported that Tour de Terrace went very well with 75 pre -registered and approximately 75 additional sign -ins the morning of the event. Left over trophies are to be donated to Special Olympics and possibly in the future trophies may be eliminated in favor of special ribbons. **The Halloween Haunt is planned for October 31st at Pico Park from 5 to 8 p.m. Lenore Frost and Dick Rollins will be judges and Citizen Patrol members Joe Foerster and Elmer Roddy will guard the fence. A request of Little League to do a Haunted House was made and accepted by Mike O'Connell. **Upcoming events include the Volunteer Picnic at Cage Park on October 22nd from noon to 3 p.m. and a dance program and Breakfast with Santa in December. **Discussion on the lights at Terrace Hills and turning them on and off. Also, poor timing of sprinklers hopefully can be resolved. Karen will contact city person. She also told of staff person who caught graffiti artists who were found to be responsible for damage at Pico Park. Question of whether locks at Pico Park areas are working properly. **Karen explained "ASA," Amateur Softball Association, and that there had been a request for an all weekend reservation of Pico Park, which had been rejected. **Adult League Softball is wrapping up the season and fall season will begin immediately. There has been complaints of shortage of bleacher seating. Grant money will be explored as a means of obtaining more bleachers. **Seniors indicated a request for some benches and possibly tables as well as ash containers for the patio area. The nutrition program is going very well with an overall average of about 50 per day being served. **Thereing no"her siness to conduct, the meeting adjourned at 7:55 p m. ��'''L' ��-�✓ COUNCIL AGENDA ITEM #5AZa Acting Secreta _ , JoAnn Johnson