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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