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HomeMy WebLinkAboutReso 1994-17403 RESOLUTION NO. 17403 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE "PROCEDURES FOR ADMINISTRATIVE ADJUDICATION OF CONTESTED PARKING CITATIONS" MANUAL AS REQUIRED TO COMPLY WITH AB 408 WHEREAS, Assembly Bill (AB) 408 which became effective July 1, 1993 decriminalized parking citations, changing parking violations from a criminal misdemeanor to a civil penalty; and, WHEREAS, the legislation required that cities develop and implement administrative appeal processes to replace the role the court used to play in adjudicating contested citations; and, WHEREAS, cities were required to have a three-phase appeal process in place by January 1, 1994; and, WHEREAS, the legislation specified that the City enact written procedures which ensure that those contesting parking citations receive a fair and impartial review of their cases; and, WHEREAS, to be in compliance with AB 408, the City must have its written three- phase appeal process in place prior to the conduct of the first Administrative Hearings which are scheduled for March 3, 1994; and, WHEREAS, the "Procedures for Administrative Adjudication of Parking Citations" Manual documents in detail the three-phase appeal process required by AB 408 and includes all the necessary forms and procedures to ensure that those contesting citations are accorded a fair hearing. NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Chula Vista does hereby adopt the "Procedures for Administrative Adjudication of Contest Parking Citations" Manual as required to comply with AB 408, known as document number C094- 028, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the procedures contained in the "Procedures for Administrative Adjudication of Contested Parking Citations Manual" conforms to the requirements set forth in AB 408 thereby placing the City of Chula Vista in compliance with state law. Resolution No. 17403 Page 2 BE IT FURTHER RESOLVED that the City Attorney is hereby authorized to approve minor changes in procedures as needed, while still conforming to state law. Presented by Approved as to form, by Susan Merrill ~ Bruce M. Boogaard C Interim Finance Director City Attorney Resolution No. 17403 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 1 st day of March, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly ~A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17403 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 1 st day of March, 1994. Executed this 1 st day of March, 1994.