Res 93-114RESOLUTION N0.93-114
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DESIGNATING THE CITY OFOCEANSIDE THROUGH
THE SAN DIEGO MEDIATION CENTER TO PROVIDE
PARKING CITATION ADMINISTRATIVE REVIEW SERVICES
THROUGH THE CITY OF OCEANSIDE FOR THE CITY OF POWAY
AND THE IMPOSITION OF ADMINISTRATIVE FEES
FOR SUCH REVIEWS
WHEREAS, effective July 1, 1993, new state legislation (AB 408) became effective
which decriminalizes the procedures for contesting parking citations; and
WHEREAS, AB 408 is intended to reduce the parking citation caseload on the
judicial system, reduce the need for law enforcement and parking code compliance
officers to attend hearings, provide for a speedy informal hearing of contested
citations, provide adjudication by mail when appropriate, and ensure that an
individual's constitutional rights are maintained through access to a fair and
impartial administrative hearing; and
WHEREAS, AB 408 mandates all local jurisdictions to establish an administrative
hearing process whereby citizens can contest their parking citations before filing an
appeal in court. This will require the Safety Services Department of the City of
Poway to coordinate the administrative hearings with its current parking citation
enforcement program; and
WHEREAS, the City of Oceanside through the San Diego Mediation Center, a
California non-profit public benefit corporation, is duly qualified and willing to
provide the City with administrative review services consistent with the requirements
of AB 408; and
WHEREAS, AB 408 provides for the deposit of the amount of the parking penalty in
order to have a contested citation reviewed by an administrative examiner and further
provides that the issuing agency may recover a fee for providing administrative review
services; and
WHEREAS, the City of Poway desires to impose an administrative fee in order to
defer the cost of providing administrative review services; and
WHEREAS, the City Council finds that the administrative charges established by
this resolution do not exceed the estimated costs of providing the services for which
the charges are imposed.
NOW, THEREFORE, the City Council of the City of Poway does resolve as follows:
Section 1:
The City of Oceanside through the San Diego Mediation Center, a
California non-profit public benefit corporation, is hereby
designated to provide the City of Poway with qualified examiners
to conduct administrative reviews of parking citations issued by
officers, agents, and employees of the City of Poway.
Resolution No. 93-114
Page 2
Section 2:
Section 3:
Section 4:
There is hereby imposed and established administrative fees for
AB 408 administrative reviews of parking citations issued by
officers, agents, and employees of the City of Poway. These fees
are as follows:
Administrative Review Service
Fee
Personal Conference
Review by Mail
$ 22.50
$ 12.50
Fees established by Section 2 shall be deposited with the City
concurrent with any request for an administrative review of a
parking citation unless the person contesting the citation can
provide verifiable and substantial proof of his or her inability
to deposit the full amount of the parking penalty and
administrative fee established by this resolution.
Any administrative review fee and parking penalty deposited
pursuant to this resolution shall be refunded in full if the
administrative examiner or subsequently the San Diego Municipal
Court decides that the person contesting the citation did not
commit or is otherwise not responsible for the cited violation.
APPROVED AND ADOPTED by the City Council of the City of Poway, State of
California, this 3rd day of August, 1993.
Don Higginson, M~L~r
ATTEST:
Marjo~e ~(. Wahlsten, City Clerk
__ Resolution No. 93-114
Page 3
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. 93-114
the City Council at a meeting of said City Council held on the 3rd
, 1993, and that it was so adopted by the following vote:
AYES: CAFAGNA, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CALLERY
duly adopted by
day of Auqust
Marjo~ie~K. Wahlsten, City Clerk
City fd~ck[~oway