HomeMy WebLinkAboutAgenda Packet 1994/03/01
"I declare under penalty of perjury that I am
em.plo~/ed by the City of Chula Vista in the
~f.'ïJce of the CH.v CI~r!l ::1:1d thClt I pos~ed
¡,'IS i';;cn:2!i,od¡;c on tile Bulletin Board at
Tuesday, March I, 1994 ~~eT~~:òjJrgÿBU¡JjinJ Ë ~ on, Council Chambers
4:00 p.m. .. . SIGNED../: e:-___..._" Public Services Building
Reeular Meetine of the Citv of Chula Vista Citv Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Fox _, Horton _, Moore _, Rindone _, and
Mayor Nader _.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: December 4, 1993 (Special Joint Meeting of the City Council, Planning
Commission, and Resource Conservation Commission) and February
22, 1994 (City Council Meeting)
4. SPECIAL ORDERS OF THE DAY:
a. Presentation of 1994 Ahwahnee Community Design Award for the Otay Ranch to the City
of Chula Vista and the County of San Diego from the State Local Government Commission.
The award will be presented by Anthony Lettieri.
b. Proclaiming the days of February 25-27, 1994 as Kent Froede Memorial Classic Days - Mayor
Nader will present the proclamation to Mark Smolanovich, Co-Director of the Kent Froede
Memorial Committee.
CONSENT CALENDAR
(Items 5 through 10)
The staff recommelllÛltions regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of Ihe public or City slaff
requesls Ihallhe item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request 10 Speak Fonn" available in the lobby and submit ilIa the City Clerk prior to Ihe meeting. (Complete
Ihe green fonn 10 speak in favor of the slaff recommendation; complete Ihe pink fonn 10 speak in opposition 10
Ihe slaff recommelllÛltion.) Items pulled from the Consenl Calendar will be discussed after Board and
Commission Recommendations and Action Ilems. Items pulled by the public will be Ihe firsl items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter of resignation from the International Friendship Commission - Mildred N. Knodt, 139
Fourth Ave., Chula Vista, CA 91910. It is recommended that the resignation be accepted and the
City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and
the Public Library.
b. Letter requesting Council consider placing a measure, titled the County Regional Park and
Open Space District, before the voters and designating staff and a councilmember to work
with County staff and her to develop a list of worthy projects and activities the voters will
support - Pam Slater, Chairwoman, County Board of Supervisors, 1600 Pacific Highway, Room
335, San Diego, CA 92101-2470. Staff is reviewing this request and, under separate cover, will
deliver a recommendation prior to the Council meeting for Council's consideration.
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Agenda -2- March I, 1994
6. ORDINANCE 2589 AMENDING SECTION 8.25.090 "COMPOSTING" TO ESTABLISH A
MINIMUM DISTANCE OF SIX FEET THAT A COMPOSTING BIN
MUST BE PLACED FROM ADJACENT RESIDENTIAL PROPERTY
(second readine and adootion) - On 9/14/93, during the public hearing on the
yard waste recycling franchise and related ordinance amendment, Council
directed staff to establish a minimum distance that a composting bin must be
located from adjacent property in order to avoid nuisance complaints. The
ordinance establishes a six foot minimum distance that a composting bin must
be placed from an exterior entrance to an adjacent residential structure. Staff
recommends Council place the ordinance on second reading and adoption. (City
Attorney)
7. RESOLUTION 17400 AUTHORIZING TEMPORARY STREET CLOSURES ON APRIL 29,1994
FOR A PARADE SPONSORED BY PALOMAR ELEMENTARY SCHOOL
Palomar Elementary School is requesting permission to conduct a school parade
on 4/29/94. Staff recommends approval of the resolution. (Director of Parks
and Recreation)
8. RESOLUTION 17401 APPROVING ENCROACHMENT PERMIT NUMBER PE-290 FOR SIGNS
AT 1550 EAST "HII STREET AND AUTHORIZING THE CITY
ENGINEER TO ISSUE SAME - The owners of the retail center being built
at the southeast comer of East "H" Street and Otay Lakes Road have requested
an encroachment permit to construct two monument signs within the City's
rights-of-way. Staff recommends approval of the resolution. (Director of
Public Works)
9. RESOLUTION 17402 AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF
THE STATE OF CALIFORNIA TO PURCHASE VEHICLES ON BEHALF
OF THE CITY - The Fiscal Year 1993/94 budget provides for the replacement
of two compact sedans, five pickup trucks and one cargo van in the Equipment
Replacement Fund. Resolution 6132 authorizes the City to participate in a
cooperative bid with the State for the purchase of the vehicles. Staff
recommends approval of the resolution. (Interim Finance Administrator)
10. RESOLUTION 17403 ADOPTING THE "PROCEDURES FOR ADMINISTRATIVE
ADJUDICATION OF CONTESTED PARKING CITATIONS" MANUAL
AS REQUIRED TO COMPLY WITH AB-408 - AB-408 transferred
responsibility for hearing appeals on contested parking citations from the courts
to the City, effective Ii li94. The report outlines the steps the City has taken
to comply with AB-408 and presents a comprehensive and detailed manual of
procedures which, if adopted and adhered to, will meet the City's legal
responsibilities as set forth in AB-408. Staff recommends approval of the
resolution. (Interim Finance Administrator)
* * END OF CONSENT CALENDAR * *
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Agenda -3- March I, 1994
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following ilems have been advertised and/or posted as public hearings as required by law. If you wish 10
speak 10 any item, please fill out Ihe "Requesllo Speak Form" available in the lobby and submil it to Ihe City
Clerk prior 10 Ihe meeting. (Complele Ihe green form 10 speak in favor of Ihe slaff recommelllÛltion; complele
Ihe pink fonn to speak in opposition to the staff recommelllÛltion.) Comments are limited to five minutes per
individual.
None submitted.
ORAL COMMUNICATIONS
This is an opportunity for Ihe general public to address Ihe City Council on any subjecl maIler within Ihe
Council's jurisdiction Ihal is nol an ilem on Ihis agelllÛl. (Slale law, however, generally prohibils Ihe City
Council from taking action on any issues not included on the posted agelllÛl.) If you wish 10 address Ihe Council
on such a subject, please complele Ihe yellow "Requesllo Speak Under Oral Communications Form" available
in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name
and address for record purposes and follow up action. Your time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time Ihe City Council will consider items which have been forwarded to Ihem for consideration by one
of Ihe City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The ilems listed in this section of Ihe agenda are expected to elicil substantiol discussions and deliberations by
Ihe Council, staff, or members of Ihe general public. The ilems will be considered individually by Ihe Council
and slaffrecommendations may in certain cases be presenled in Ihe allernative. Those who wish 10 speak, please
fill out a "Request 10 Speak" fonn available in the lobby and submit it 10 Ihe City Clerk prior 10 the meeting.
Public commenls are limited to five minutes.
11.A. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES AND REQUEST FOR
PROPOSALS (RFP) PROCESS FOR SOLID WASTE SERVICES - On
10/19/93, Council directed staff to proceed with the development and issuance
of a RFP for solid waste services as an alternative to the present County solid
waste management system. Five proposals were received by the 2/15/94
deadline. The report outlines a recommended. plan for: evaluating those
proposals, conducting an economic analysis of expected costs to the City of
remaining in the County system, and presenting recommendations as to whether
and how to proceed with alternatives to the County system. Staff recommends
Council: (A) approve the resolution, and (B) direct staff to return to Council
with the results of the evaluation process at three key steps - (I) analysis of
proposals by 4/5/94, (2) draft conclusions and recommendations by 4/26/94, and
(3) final report no latet than 5/17/94. (Administration)
B. RESOLUTION 17404 WAIVING THE BID REQUIREMENTS AND AUTHORIZING THE
MA YOR TO EXECUTE A CONTRACT FOR CONSULTANT SERVICES
NOT TO EXCEED $24,850 WITH BROWN, VENCE & ASSOCIATES
FOR THE EVALUATION OF PROPOSALS, AND APPROPRIATING
FUNDS THEREFOR - 4/5th's vote required
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Agenda -4- March I, 1994
12. REPORT PROPOSED CHILD CARE WORK PROGRAM - The report presents a
proposed work program aimed at determining the most appropriate and effective
method(s) of encouraging the provision of accessihle and affordable child care
facilities. Based on prior direction from Council to develop a comprehensive
child care strategy, staff from the Parks & Recreation and Planning Departments
would coordinate with the Child Care Commission in developing implementation
recommendations and ultimately a Child Care Element to be included in the
City's General Plan. Staff recommends Council: I) accept the Draft Child Care
Work Program; and 2) authorize the use of staff time and services from both the
Parks & Recreation and Planning Departments to conduct the necessary tasks
outlined in the Draft Child Care Work Program. (Director of Planning)
13. REPORT WORK PROGRAM FOR THE PLANNING DEPARTMENT'S ADVANCE
PLANNING DIVISION - As part of the Fiscal Year (FY) 1993/94 budget, it
was recommended that the Planning Department return to Council with a long-
range work program for the Advance Planning Division which would establish
overall priorities for major projects being undertaken by that division. The
proposed overall work program lays out existing programs and projects, projects
to be undettaken during the remainder of FY 1993/94, and projects to be
initiated during FY 1994/95. Staff will continue to bring forward work
programs and schedules for individual projects to Council prior to initiating
them. Staff recommends Council accept the report and direct staff to pursue the
Advance Planning Division work program as presented. (Director of Planning)
ITEMS PULLED FROM THE CONSENT CALENDAR
This is Ihe time the City Council will discuss ilems which have been removed from Ihe Consenl Calendar.
AgelllÛl items pulled at the request of Ihe public will be considered prior to those pulled by Councilmembers.
Public commenls are limited to five minules per individual.
OTHER BUSINESS
14. CITY MANAGER'S REPORTlS)
a. Scheduling of meetings.
15. MAYOR'S REPORT(s)
16. COUNCIL COMMENTS
Agenda -5- March I, 1994
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - Christopher vs. the City of Chula Vista.
Pending litigation pursuant to Government Code Section 54956.9 - Chaparral Greens vs. the City of Chula
Vista, Baldwin.
Potential litigation pursuant to Government Code Section 54956.9 - Chammas vs. the City of Chula Vista.
Pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. the County of
San Diego (Solid Waste Litigation).
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA), Western Council of Engineers (WCE) , Police Officers Association (POA) ,
International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and
Unrepresented.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on March 8, 1994
at 6:00 p.m. in the City Council Chambers.
A meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
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COUNCIL AGENDA STATEMENT 'If;
Item
Meet;ng Date 3/01/94
ITEM TITLE: Proclamation - Proclaiming the Days of February 25-27, 1994 as
KENT FROEDE MEMORIAL CLASSIC DAYS
SUBMITTED BY: Mayor Tim Nade~~ (4/5ths Vote: Yes___ No xx)
The proclamation declaring the days of February 25, 26 and 27, 1994 as
KENT FROEDE MEMORIAL CLASSIC DAYS will be presented by Mayor Nader to
Mark Smolanovich, Co-Director of the Kent Froede Memorial Committee.
Form A-113 (Rev. 11/79) 'If:¡ J!
M_.__ . ......-- .."_._---------_._.---_._~._---~---
PROCLAIMING THE DAYS OF FEBRUARY 25, 26 & 27, 1994 AS
KENT FROEDE MEMORIAL CLASSIC DAYS
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, the Kent Froede Memorial Softball Classic Tournament was created
in memory of Kent Froede, former Chula Vista High and Southwestern College baseball
standout and local sports star and business man who died in December 1986 of cancer;
and
WHEREAS, proceeds from this annual event help support the American Cancer
Society programs of patient services, cancer detection and prevention, education and
research including Camp Reach for the Sky; and
WHEREAS, the Eiahth Annual Classic will begin with a pre-tournament gathering
on Friday, February 25th at the South Bay Banquet Center followed by the softball
tournament games on February 26 and February 27 at Rohr Park on Sweetwater Road
in Bonita:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California,
do hereby declare the days of February 25, 26 and 27, 1994 as KENT FROEDE
MEMORIAL CLASSIC DAYS in the City of Chula Vista and encourage our citizens to
attend the above events as an indication of our support in this continuing crusade against
cancer. FURTHER, I extend my personal best wishes to all participants in the Eighth
Annual Froede Classic Memorial for an enjoyable and successful event.
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February 24, 1994
TO: The Honorable Mayor and City Council
FROM: John D. Goss, City Manager~
SUBJECT:
City Council Meeting of March 1, 1994
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, March 1,1994. Comments regarding the Written Communications
are as follows:
5a. lT IS RECOMMENDED THAT MILDRED KNODT'S LETTER OF RESIGNATION FROM THE
INTERNATIONAL FRIENDSHIP COMMISSION BE ACCEPTED WITH REGRET AND THE CITY
CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE
CLERK'S OFFICE AND THE PUBLIC LIBRARY.
5b. This is a letter from Pam Slater, Cha i rwoman of the County Board of
Supervisors, requesting that Council consider placing a measure, titled
the County Regional Park and Open Space District, before the voters .nd
designating staff and a counci lmember to work with County staff and her to
develop a list of worthy projects and activities the voters will support.
Staff is reviewing this request and, under separate cover, will deliver a
recommendation prior to the Council meeting for your consideration.
JDG:mab
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RECEIVED
"94 FEB17 P2 :30
January 27, 1994 ~TY OF CHULA VISTA
TV CLERK'S OFFICE
International Friendship Commission
City of Chula Vista
447 F Street
Chula Vista, CA 91910
Attn: Lorraine Alexander
Dear Lorraine,
I regret tendering my resignation before I could attend even one meeting.
I've been on the list for a vacancy for several years and wouldn't you
know, when I reached the top of the list I can't handle it. My health
hasn't been that good of late and the Dr. advised me to cut back on
many of the activities I've been able to handle up until now.
I read with interest the agenda of business and I'm especially impressed
with the scholarship and pen pal ideas as it is so important especially
at this time to encourage young people to become involved in areas outside
their everyday realm.
My son is currently Executive V.P. & Chief Operating Officer of the
American Society of Travel Agents located in Alexandria, VA and because
Ministers of Tourism are so important in many of the foreign countries
since tourism is essentially their main source of income, he is acquainted
with several of them so if I can assist by calling ASTA for names and
addresses please contact me.
Sincerely, "~
¡. 'f))J{0~ r<:f. ..
Mildred N. Knodt ~
WRiTTEN COMMUNICAnONS
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SUPERVISOR, THIRD DISTRICT Cfll" A V·"" 'CCo I
SAN DIEGO COUNTY BOARD OF SUPERVISORS ,,0', ISTJ., CÁ ---.J
February 14, 1994 ~ Yi! :u
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Mayor Tim Nader oP ""Q I'll
City of Chula Vista -r¡< N 0
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Chula Vista, CA 91910-2631
Dear Mayor Nader:
In my January 11 State of the County message I stressed the importance of developing
an ongoing plan to ensure a better quality of life for every resident of the San Diego
region. Integral to this goal are our parks, beaches, and open space.
Clearly we are all in agreement that we must safeguard these important public resources.
That means developing innovative ways to enhance our ability to fund these services, with
the public good in mind. In my view, we must take action today.
Therefore, I am proposing that you join with me in considering placing a measure, titled
the County Regional Park and Open Space District, before the voters. This measure will
create a dedicated source of funding to enhance, expand and protect our parks and
open space in the entire San Diego region. Dollars would be pre-allocated to specific
projects and programs within every jurisdiction. Projects would be determined by local
priorities.
In this way we will be investing in parks during difficult economic times. As you well know,
parks provide a safe haven and clean diversion for our children. Accompanying organized
recreation programs offer our youth a clean, productive alternative to gangs and drugs.
In addition, buying, building, and maintaining parks will create sorely needed jobs.
ecl! ?fi/:! WRIITEN COMMU~A~~
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Such a parks bond initiative supported and crafted by the cities and the county may very
well be the answer. However, please let me make my position and intention perfectly
clear:
I will not support the creation of a new level of aovernment. And I will not support a
fundina mechanism controlled bv the Countv Board of Supervisors. I will onlv support a
measure crafted bv the cities and the countv to benefit all areas of this rea ion. And I will
onlv support a measure that auarantees everv iurisdiction its fair share.
Given this position, which I am certain you share, I believe that it is in the best interests
of all the cities to come together for discussion. Our goal will be to find the best funding
mechanism, agreed upon by the cities, and the best means for choosing worthy projects.
To further advance this task, I ask that you designate staff within your jurisdiction, and a
councilmember as your point person, to work with County staff and myself to develop a
list of worthy projects and activities the voters will support. This is an opportunity for each
city to develop and fund park projects. Mr. Mark Nelson of San Diego Gas & Electric has
graciously volunteered his time to serve as Chairman of this Committee. My discussions
with Mr. Nelson tell me that his goals are the same as mine. He has already held
meetings to discuss this issue with city staff. I am writing to you today to ask that this
cooperation continue. At some point, we will be involved.
At this time we have an opportunity to plan for a better quality of life through careful
planning and an appropriate, publicly endorsed funding source. Every step of the way
I plan to work closely with the cities to ensure teamwork.
I hope you will join me with full confidence that together we can do the job right.
Sincerely,
~~R
alrwoman
Board of Supervisors
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February 24, 1994
TO: The Honorable Mayor and City Council
FROM: John D. Goss, City Manager~
SUBJECT: Written Communications - March I, 1994 Council Meeting
This is a letter from Supervisor Pam Slater, Cha i r of the County Board of
Supervisors, proposing that Chula Vista join the Board in considering placing a
measure, entitled the County Regional Park and Open Space District, before the
voters. The measure, as stated in her letter, is des i gned to create a "ded i cated
source of funding to enhance, expand, and protect our parks and open space in the
entire San Diego region. Dollars would be pre-allocated to specific projects and
programs within every jurisdiction. Projects wou 1 d be determi ned by local
priorities."
Along with a general description of the purpose of this bond issue, she makes it
clear that this would not enta i 1 a new level of government, or a funding
mechanism controlled by the County Board of Supervisors. There is a 1 so assurance
that every jurisdiction would be guaranteed their fair share of the funding.
Finally, she is asking that staff be designated within Chula Vista, as well as
a Council member to work with County staff and herself, to develop a list of
worthy projects and activities the voters would support. She indicates that Mark
Nelson, SDG&E, has volunteered to serve as Chair of the committee.
By way of further background, Bob Copper, County Director of Parks & Recreation,
met with CCMA (County City Management Association) in December. At that time,
the purpose of the report was described and it was indicat~d that the County was
conducting a poll to determine what elements would be required to have a
successful park and open space ballot approved by the voters. They indicated
that after the poll was conducted, they would get back into dialogue with the
City Managers to determine the next step before proceeding. Instead, via letter
of December 14 (which is attached), they transmitted the report of the County
bond survey which is self-explanatory. This indicated that a parcel tax at $15
could be supported by a majority of those surveyed, as long as this park and open
space proposal was oriented toward "park safety and gang prevention." In other
words, a measure focused on park safety and gang prevention would do better than
a measure centered on park improvements or beach restoration, although there is
a slim possibility the latter could also muster over 50% of the vote. There were
other findings as well, which include the fact that the voters think the County
is on the wrong track but their own community is on the right track. This means
that the County really needs the support of the cities in the County to make this
park funding proposal successful.
This was discussed at the January meeting of the County City Managers
Association, at which time the City Manager of Del Mar brought up the concern
that this proposal seemed to be moving full steam ahead without the promised
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consultation with the City Managers. More importantly, it was further felt that,
given today' s economy and tight City and County budgets, pushing for a $15 parcel
tax was extremely unwise. This seems especially true at a time when similar
funding (a parcel tax) is being proposed by the County for the 800 MHz radio
system as well as for the formation of a County service area for pre-hospital
emergency medical services. There is the further concern that this and other
proposed parcel taxes could push total property taxes paid above the informal 2%
of value 1 imit that this City has established in evaluating the size of
assessment districts, etc. for the eastern part of the City. There is the
further worry that there would be inadequate funds in the proposal to maintain
the park and open space projects once they are constructed. Also, there was a
concern that by wrapping this issue in a public safety cloak, this was not being
totally forthright and honest with the voters at a time when there is enough
distrust of local government without making it worse. Attached is a letter from
Mike Huse, City Manager of Solana Beach, advising David Janssen, the.County CAD,
that from a staff perspect i ve we were no longer going to be attending the
planning meetings regarding this issue, and would be asking our City Councils not
to support this issue.
Based on the letter from Pam Slater, and especially since we try to cooperate
with the County as much as possible, you may wish to refer this to staff to
determine what action other cities may take regarding this letter. Other than
this, you may wish to send a City Council representative to attend a meeting to
pass on whatever po 1 icy message you want to present to the County. It is
recommended that support of a park and open space parcel tax election be put on
hold or deferred, but that a Councilmember attend at least the first meeting
called by Pam Slater to express the abovementioned concerns, and determine if any
different direction should be proposed by the City.
JDG:mab
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ROBERT R. COPPER
DIRECTOR
t.'.1 .....3030 DEPARTMENT OF PARKS AND RECREATION
15201 RUFFIN ROAD. SUITE P. SAN DIEGO. CALIFORNIA 82123-1899
December 14, 1993
Mr. John D. Goss, City Manager
City of Chula Vista
276 4 Avenue
Chu1a vista, CA 91910
Dear Mr. Goss:
SUBJECT: San Diego County Bond Survey Report
We have been meeting regularly with the Parks and Recreation
Directors from all of the local jurisdictions to explore the
placement of a Regional Open Space and Park District on the
November 1994 ballot. AB2007 enables the San Diego County Board of
Supervisors to place a measure on the ballot asking voters to
support and contribute to a regional open space and park district.
The measure requires a 50% majority vote.
The county Parks and Recreation Department hired Decision Research
to conduct polling to determine the extent of support by voters and
how much per household would voters be willing to contribute to an
annual benefit fee.
This is a summary of the polls conducted by Decision Research which
were financed by the County of San Diego Parks and Recreation
Department.
The sample consisted of 500 complete interviews with registered
voters by telephone in the County of San Diego. The sample is
derived by a computer-generated cluster sample of likely voters.
1) By a small margin, voters indicate they would vote for a
parks, beach and wildlife preservation measure. About 50%
would favor a park preservation measure with 33% opposed and
17% undecided. More voters would favor a measure worded to
focus on park safety and gang prevention, with 53% in favor
and 32% opposed and 15% undecided. When an election is this
close to 50%, every vote will count, so the Pollster
recommends that the ballot measure should be a safety-oriented
measure. The Pollster believes a November election offers the
best chance of success. When asked preference a fte,r the
measure was explained, support for the safety/gang prevention
measure rose to 61% and to 53% for the park preservation
version.
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2) It is clear throughout the survey that a measure focused on
park safety and gang prevention does better than a measure
centered on park improvements or beach restoration. Voters
are more likely to say that providing a safe place for
children to play and providing gang prevention programs is
more important than cleaning up beaches, providing more parks,
or building more ballfields.
3) The estimated annual cost of $15 is about right. Although
support is higher at lower levels, support does not fall
substantially until that amount is $21 a year or more.
4) San Diego voters are regular users of the local and regional
parks, with less than one quarter saying they never use the
parks, one quarter using the parks between once and five times
yearly, 27% using the parks from six to 24 times a year, and
26% using the parks 25 or more times per year.
S) Although most voters think the county is on the wrong track,
they think their own community is on the right track. This
has implications for the level of support for county-
administered versus locally-administered programs.
6) Voters who favor the "gang prevention" measure focus on the
need to fight gangs and crime more than on the need for open
space, beaches or park maintenance and improvement. Those
favoring the "parks" measure focus on the need for open space
and parks, and to combat development. Opponents of both
versions tend to express anti-tax attitudes or to have other
spending priorities. '
7) Voters generally agree that they have a responsibility to
future generations to set parkland aside, but they do tend to
say that parks currently are adequate. Combined with little
enthusiasm for tax increases, support for the bond measure is
limited.
8) The specific expenditures about which the voters are most
enthusiastic focus on park police, programs for at-risk youth,
and beach and sewage cleanup. There is considerably less
support for park improvements (including neighborhood parks
and ballfields), as well as improvements for outdoor
enthusiasts.
9) Support for the bond measure is enhanced by assuring that the
money goes where it is supposed to go, including assuring
local funding, guarantee by an audit, and limited
administrative costs. Voters do D2t like the idea of a tax
based on proximity to the parks.
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10) There are no strong message carriers identified who would/
could influence the voters on the bond measure. Voters are
most receptive to endorsements by public safety officers, the
Friends of the San Diego Zoo, and taxpayer and good government
groups.
11) Overall, the data show that a park bond measure would face a
close election. Voters are not feeling generous with tax
dollars at present, and they feel that park facilities are
already good. Voters are concerned, however, with public
safety issues, and they are more willing to fund a measure
with a strong public safety component. Any measure must not
only focus on public safety, but must have guarantees so that
the voters can be assured the funds will be well-spent. Any
campaign for the measure must take into account the different
degrees of support among different demographic groups.
Based on the results of the polls, we are encouraged to continue to
pursue the feasibility of placing a measure on the November 1994
ballot. We are asking your support for your Parks and Recreation
Directors to participate in the continuing process of exploring the
feasibility of pursuing such a measure. We are developing a
preliminary list by jurisdiction of projects which would appear on
the measure. We are forming a citizens advisory committee to
review the ballot measure to ensure it reflects public support. We
are asking each jurisdictioJý to provide names of citizens who
represent all aspects of the ,.community and who could ably represent
the specific concern qUr constituency.
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ROBERT R.. OPPE" Dlrector
Parks & Recreation Department
RRC:jp
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V'I ! 4 !C'Y'
CITY OF SOLANA BEACH
380 STEVENS AVENUE . SUITE 305 . SOLANA BEACH. CALIFORNIA 9ea75 . (619J 755-299B
1anuary 10, 1994
JAN \ 4 !993
Mr. David 1anssen 1
Chief Administrative Officer
Room 209 County Administration Center
1600 Pacific Highway
San Diego, California 92101
Dear David:
I am writing on behalf of the City Managers in San Diego County to express our concern over the
direction the County is taking vis-a-vis the development of a Regional Open Space and Park District ballot
measure.
In his December 14, 1993, letter to individual City Managers, Robert Copper, County Director ofParb
and Recreation, reported on the results of a poll you recently commissioned to determine the extent of
voter support. The City Managers' interpretation of that poll lead us to conclude that voter support is
very tenuous, unless as Mr. Copper points out, the issue is wrapped in a public safety cloa1c.
We believe pursuing a measure for the November 1994 ballot is misconceived and ill advised at this time.
Therefore, our Parks and Recreation Directors will no longer be attending the planning meetings and we
will not be asking our City Councils to appoint representatives to a citizen advisory committee as Mr.
Copper has suggested.
The City Managers were left with the impression after a presentation of this issue was made at our
December meeting that there would be an opportunity to discuss this after the poll results were known.
However, Mr. Copper's letter leads us to conclude that the train has already left the station. At this
point, we are not willing to get on board.
If we have misunderstood the County's intent or direction on this, please let me \mow.
Sincerely,
~
Michael W. Huse
City Manager
MWH/jp
cc: Robert R. Copper, Director of County Parks and Recreation
San Diego County City Managers
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Council Agenda Statement
Item: ¿,
Meeting Date: February ~ J/19f
ðß'1 Referral'No. 2803
Item Title: Ordinance: Amending Section 8.25.090 "Composting" to Establish a Minimum ~'\~O~,
Di~tance of S~x F~t that A Composting Bin Must Be P~~rØ't° ' .
Adjacent Residential Property. ... ,', ~ ~\~
J. . 0>-\)\~ .
Submitted by: Bruce M. Boogaard, City Attorney. .' . \ ~\) ~
. ~O\
Agenda Classification: ~ .
(X ) Consent
( ) Action Item
( ) Public Hearing
( ) Other:
- 4/5ths Vote: () Yes (X) No
At their meeting of September 14, 1993, during the public hearing on the yard waste
recycling franchise and related ordinance amendment, the Council directed staff to establish a
minimum distance that a composting bin must be located from adjacent property in order to
avoid nuisance complaints, and strongly endorsed a minimum six foot distance. (See minutes
attached). The attached ordinance establishes a six foot minimum di,stance that a composting bin
must be placed from an exterior entrance to an adjacent residential. structure.
Recommendation:
Approval of this item by the Council will be construed, in the absence of contrary
indication, to constitute approval of the legislative policy, introduction and direction to return
the item for subsequent adoption. However, the City Attorney's Office does not have the
technical ability to determine that 6 feet is a proper distance or that any distance is proper at all.
Accordingly, this Office does not offer any recommendation as to its adoption but is returning
this item as a scriviner of Council intent.
The Director of Building and Housing has indicated his satisfaction with the 6 foot
distance. The Conservation Coordinator believes that a properly maintained compost bin should
not ·smell", and that a poorly maintained bin could smell a distance greater than 6 feet. The
Resource Conservation Commission has approved the item.
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Boards and Commissions Recommendation:
Resource Conservation Commission reviewed this proposed amendment on November
22, 1993, and voted 4 to 1 (Kracha opposed) to support the amendment.
The minutes of their meeting are attached.
Discussion:
A. Features of the Ordinance.
1. If a composting bin further than 6 feet constitutes a nuisance to the adjacent
property owner, the proposed ordinance does not preclude us from citing it.
2. As worded, the proposed ordinance is not dependent on lot lines, so it is
applicable to apartments and condos, as well as to single family residential units.
3. The ordinance creates a private nuisance as well as a public nuisance, so it
gives the private property owner a civil right of enforcement rather than rely on
city enforcement resources if they do not want to.
B. Options for Alternate Ordinance language not recommended.
1. The Council may desire to require that composting bins be placed 6 feet from
their lot lines regardless of the distance from an adjacent exterior window or
other entrance. This is not recommended because it will unnecessarily constrain
the use of a persons property if they are required to set their compost bins 6 feet
away from their property lines, regardless of the fact that no one is, or is likely
to complain of, the location. ,
,
Fiscal Impact:
We can expect a negligible increase in enforcement costs. Additional funds are unlikely
to be needed.
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ORDINANCE NO. ~ 58"1
AN ORDINANCE OF THE CITY OF CHULA VISTA 'R\\O~
AMENDING SECTION 8.25.090 OF THE CHULA VISTA .. r"P'
MUNICIPAL CODE "COMPOSTING" TO ESTABLISH A ,r';"v
MINIMUM DISTANCE OF SIX FEET THAT A COMP~\)\''''\j.
BIN MUST BE PLACED FROM ADJACENT RESID
Q :
PROPERTY ~. ..'
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The City Council of the City of Chula Vista does hereby ordain as follows:
SECTION I: That Section 8.25.090 of the Chula Vista Municipal Code is hereby
amended to read as follows:
Sec. 8.25.090 Composting.
A. Every establisher of a Composting pile, bin, holding area or other such Composting
system shall first obwn a permit from the City, if the total volume used within the
boundaries of the premises for Composting is 15 cubic yards or greater.
B. Every Composting pile, bin, holding area or other such Composting system shall be
mainwned so as to not create a public or private nuisance through visual, odor, safety
and/or other means, or as prescribed in Chapter 19.66 of the Chula Vista Municipal
Code. Without constituting a limitation on the fore~oin~. no such composting pile. bin.
holding area or other such composting system shall be maintained within six (6) feet from
an exterior window. exterior door or other exterior entrance to an inhabited residential
structure other than one owned by the owner of such composting system.
C. The owner, operator, or occupier of property conwning a Compost pile, bin, holding
area or other such Composting system that is greater than S· feet high, 5 feet wide and
5 feet in length shall weekly monitor temperature, through utilization of a thermometer
designed for such purposes.
D. No single Compost pile, bin, holding area or other such Composting system on a
Residential Single-Family (as defined in Ordinance No. 2443) premises shall be more
than 5 feet in height and/or greater than 6 feet in width or length.
SECTION II: This ordinance shall take effect and be in full force on the thirtieth
""y ~ "'" .., 0 ti~,
~ .00 A*~ , ID'mm INFORMATION PACKET
SCANNED AT FIRST READING
OF THIS ORDINANCE ON:
Bruce M. Boogaard, City ,J1~ ;2.:¿ /"79'f
f:\homelattorney\compost. bin
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MINUTES OF A SUir.DULED REGULAR MEEI1NG
Resource Conservation Commission
Chula Vista, California
6:30 p.m. Conference Room #1
Monday, November 22, 1993 Public Services Building
CAlL ~uÑG TO ORDERlROlL CALL: Meeting was called to order at 6:30 p.m. by
Chairman JCracha. City Staff &1vironmental Review Coordinator Doug Reid called roU.
PresenC Commissioners Ball, Xracha, Myers, Burrascano, Guerrei.ro. It was MSUC
(HallIMyers) to excuse Commissioner 10hnson from the meeting as he appropriately notified the
office; 5-0. It was }.{SUC (MyerslHaU) to excuse Commissioner Ghougassian from the meeting.
Vote 2-3, ayes: Myers, Ball; nos: Burrascano, Guerrei.ro, ICracha (previously asked to be
excused for month of October only); motion failed.
NEW BUSINESS:
1. The Commission agreed to take an agenda item out of order to accommodate Councilman
Len Moore who was present to discuss the City's responsibility in the overcrowded
schools. He noted the Growth Management Oversight Committee addressed this issue
several years ago. Their report noted that it is the system-and not the City-which is
responsible for the overcrowding. Schools are required to sign on a permit prior to
developers being issued their permit. An attempt is still being made to allocate more
available funds for the schools. He discussed some equitable approaches with priority
funding and how they qualify, and the use of Mello Roos taxes to fund schools.
Myers strongly recommended the City inform and educate parents of the financial
advantage of multi-traCk year-round schools. Additionally, the superintendent makes the
decisions to sign off permits; however, the teaChers are effected with overcrowded
classrOOms and should therefore be allowed input on major projects. She asked council
to visit classrOOms to see the OVe1"IOWded conditions firsthand. Mr. Moore noted that
money for schools and the community is ~1;"M through the projects. It may be worth
the commission's while to find out how the funding is coming back to the community.
APPROVAL OF MINUTES: It was MSUC (HallIMyers ) to "t'ylOYe the minutes of the
meetings of Octobet 11, 1993 and Octobcr 25, 1993; vote 5-0.
2. Composti.n& ordinance amendment Section 8.25.090. ICracha suggested to reword the
JllUllflPh Ibout location of composting bin by ¡aœntage and DOt by fooIa¡e, on where
it'. placed from tdjaccnt residentiall'lUjIW t1. If a permit is required, the condition of the
cubic: yards should be Idevant to the size of the lot. After a brief disc",c;on, it was
moved and aec:onded (HallIMyers) to rec:ommauf adoption of the amended ordinance; vote
4-1, no: ICracha; motion carried.
3. It was MSUC (MyerslGuerrei.ro) to DOminate Barban Ball as vic:e-c:hairman for the
....rrent fiscal period; vote 5-0, motion c:arried.
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'Resource Conservation Commission Page 2
4. Myers submitted three written items for the Ideas for Improving the Environment: (a) the
DO curfew rule at Brown Field; (b) City's responsibility in the overcrowded schools; (c)
the aesthetics of Pier One Imports on Bonita Road and I-80S.
Buøascano conveyed her concerns on the brush fire clearance policy on how it specifically
illlp"et5 the coastal sage scrub, and the landscaping manual. Doug Reid noted the manual
is currently in œvision. Guerreiro's concerns were of cardboard cereal boxes and the like
DOt recyclable. Len Moore stated that a company is currently looking into that type of
recycling. Kracha advised members. to submit all ideas in writing by the next meeting.
Be also suggested to note any possible fiscal impact to the City.
5. Review of Negative Declaration for 15-94-01. Vacation ofa portion of Moss Street. After
'-brief discussion, it was M5UC (HallIBunascano) to accept the negative declaration; vote
5-0; motion carried.
STAFF REPORT:
Doug 'Reid noted a major changes in CEQA guidelines will occur in February or March.
'!be Jocal procedures will then change. Information to follow after that time.
Commission's Banquet Dinner is scheduled for Tuesday. November 30th.
CHAIRMAN'S COMMENTS:
,
Xracha asked if the commission wanted to schedule a tour of the APTEC facility. It is
tentatively scheduled for January IS around 10 a.m. Kracha asked if commissioners also
wanted to see how the American Car Wash located on Broadway recycles its water.
Members will deciðf> on this at the next meeting.
COMMISSIONER'S COMMENTS:
Myers DOted there was a duplicate of mailings in the recent paclœt after the last meeting
was canceled. Members were advised to ave the handouts in the future until the next
mee"ng to avoid having to recopy everything and incur the expense of extra postage.
Also, she wanted staff to be reminded to mail pIIclrPU to be received on Thursday rather
than Friday.
ADJOURNMENT: '!be meetin¡ was Idjoumed by Chairman ICncba at 1:08 p.m.
RcspcctfuJly subm;tt....,
BaJbua Taylor
,(óZd~~ ¿ -¿.
Mmutes
September 14, 1993
Page 5
î,~
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PUBUC HEARINGS AND RFT..\TIID RESOLtn10NS AND ORDINANCES
14. PUBUC HFARING CONSIDERATION OP GRANTING A FRANCHISE TO u.IDLAW WASrE
SYSTEMS, INC. POR RESIDENTIAL YARD WASrE REC'iOJNG COu.ECOON SERVICES· At the 8/17/93
meeting, Council approved the resolution giving notice of intent to grant a franchise for residential yard
waste recycling program collection services to be provided by Laidlaw Waste Sy¡tems and sening 9/7/93
as the date for the public hearing. As directed, staff noticed the public hearing in conformance with the
Chaner. The report further describes the Yard Waste Recycling Program as conceptually approved by
Council, to allow for Council and citizen input during the public hearing. Staff recommends Council pla«
the ordinance on fll'st reading. (Administration) Continued from the meeting of 9n /93.
ORDINANCE 2568 AMENDING ORDINANCE NUMBER 1993, AS AMENDED, BY MODIFYING
THE 'ŒRMS OP 11iE u.IDLAW WASrE SYSTEMS. INe. FRANCHISE TO REQUIRE COu.ECOON OF YARD
WASTE PROM SINGLE PAMlLY RESIDENCES WJ11ilN 11iE C1Y POR 11iE PURPOSE OP REC'iQJNG!fin!
readin2)
Stephanie Snyder, Principal Management Assistant, stated Laidlaw had informed staff that the diamond
design proposed was cost prohibitive and they would be using a different design for the sticker.
Councilmember Rindone stated his concerns: 1) Residents may try to store their yard waste for several
weeks which could cause undue odors or health concerns. 2) Council had provided direction to staff
regarding the location of composting and he was unsatisfied with the answer in the report. He felt that
compo sting should be six feet from the property line for single family residences in order to avoid health
concerns. 3) Would residents be able to purchase containers from vendors other than Laidlaw. 4) Under
the system paper and plastic bags would not be acceptable. He felt the education program would be critical.
::1. Mayor Nader stated he could not find the Resource Conservation Commission minutes in the packet.
1.. .
Ms. Snyder reviewed the actions taken by the Resource Conservation Commission.
This being the time and place as advertised, the public hearing was declared open.
Alan Purvis, representing Laidlaw Waste Systems, felt it was the most innovative program in the County if
not the State. The compromise reached with the City was that each resident could put out five containers
or bundles for a 51.00 sticker. Their logic was that as long as they were gening paid 51.00 to stop there
was not a huge incremental cost in picking up three or four bundles! To divide that equally over the five
bundles, making it a twenty cent sticker meant that the trUck would have to stop at five different homes to
. collect the same dollar of revenue, which changed the economics of the proposal. Laidlaw was anempting
to move toward a more automated system of trash collection and the barTels that would be provided were
sixry.five gallons and on wheels and were not available in retail stores. The homeowner would have the
option of the pay.as.you.go system. They intended to cover all replacement pans if stolen for the 51.00 per
month. Laidlaw would make the parts available for their cost. There would also be a warTanty on the
containers that he assumed would pass on to the homeowner if they bought it. Laidlaw was having
discussions with" Organic and hoped to have a contract with them to provide cheaper disposal of yard waste
which would ultimately lower the costs of the City program. Plastic bags were not acceptable in any yard
waste collection program, some programs did allow craft bags and they were negotiating with Organic on
that issue. .
There being no further public testimony, the public hearing was declared closed.
CouncilmemÞer Moore requested clarification of the statement that 17% of the City's waste stream was
comprised of yard waste and questioned if the program would cover multi and single family residences.
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Minutes
Septembér 14, 1993 ,
Page 6
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Ms. Snyder responded the percentage was correct. The yard waste program would cover both multi and ..
single family residences. The majority of multi·family complexes had the yard waste collected by
professionaJ landscapers. The curbside residential recycling program took from 3% to 8% out of the waste
stteam.
Mr. Purvis stated the residential curbside program was diverting 8% of the residentiaJ waste stteam which
ttanslated to 3 1/2% of the total waste stteam of the City. The City could possibly reach the 25% with the
addition of the multi·family and commerciaJ recycling programs.
Councilmember Moore questioned how the City would know they had reached the 25% when Laidlaw did
not handle all of the yard waste.
Ms. Snyder responded that the process of reporting and monitoring the progress for diversion was a process
the Conservation Coordinator had been working on with staff. Other cities were aJso facing the same
problems.
Councilmember Rindone questioned what should be done to amend the ordinance to restrict the placement
of composting bins within six feet of the boundary line of single family residences.
City Attorney Boogaard responded that if Council wanted a distance specific restriction it could be amended
at the next meeting. He then reviewed the existing regulations in Sections 8.25.040, subparagraph A and
Section 18.25.090, subparagraph B. Even without a distance specific section he felt Council may want to
keep the less specific conttols in place to address CouncUmember Rindone's concerns.
Councilmember Rindone felt there needed to be specific protection as there were segments in the City with
zero lot lines. Because the other sections were so generic he did not feel they were adequate.
Counçilmember Horton expressed concern that if there was a zero lot line property they would be required II'
to place the composting bins in the middle of the backyards.
Councilmember Fox stated he lived on a property with a zero lot line and was aware of such situations and
felt there should be an amendment regarding distance specific regulations.
ORDINANCE 2568 PLACED ON PIRST READING BY COUNCLMEMBER RINDONE, reading of the tat was
waived. ,
,
Councilmember Rindone stated the Council's concerns regarding the dissemination of infonnation to the
residents should be clearly and simply stated prior to the institution of the program. A telephone number
should also be included to answer any questions.
Mayor Nader stated that public education should be on how to use the program but also on the economic
impacts of the program. He hoped staff would use the ttash bill and release infonnation to the media.
Money would be saved through the program through the reduced use of the landfills. He understood that
the exact amount of savings would not be known but felt a range or a good faith estimate should be
included.
VOTE ON ORDINANCE 2568: approved unanimously.
MS (Rindone/Fox) to direct staff to bring back an ordinance to amend Section 8.25.090 to provide for a
distance specific protection for single family residences.
Councilmember Fox questioned whether it would be an appropriate place to address the collection of all
waste.
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Minutes
, September 14, 1993
Page 7
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~ City Anomey Boogaard stated the section dealt only with composting and not natural trash.
Councilmember Horton questioned whether it would create a problem for those keeping their trash cans on
the side of their homes because man)' lots onI)' had five feet or less from the property line.
Councilmember Rindone stated the motion dealt only with composting as it was open whereas, trash
containen had lids. He recommended six feet but would look to staff for a recommendation.
Mayor Nader questioned whether the motion could be amended to refer the amendment to the Resource
Conservation Commission for review prior to action by Council. Agreed to by the Maker and Second of the
motion.
VOTE ON MOTION: approved unanimously.
15. ORDINANCE 2569 ADDING 0iAPTER 8.23 EI'mTLED "WAS'fE MANAGEMENr FRANCHISE'
TO 11-ΠMUNlQPAL CODE (first readin2) . The ordinance makes no substantive changes not previously
made by Council in prior amendments. It brings all the amendments into a single document, and codifies
them into the Municipal Code for quick reference. Staff recommends Council place the ordinance on first
reading. Does not reQuire a Dublic hearin2 but is related to above Dublic hearin2 item. (City Anorne)')
ORDINANCE 2569 PLACED ON FIRST READING BY MAYOR NADER, reading of the tat wu waived, passed
and approved unanimously.
16. PUBUC HEARING CONSIDERING A REQUEST POR A DEFERRAL OP 11-ΠREQUIREMENT TO
r" UNDERGROUND OVERHEAD 12 KV UNES AT 3001 BONITA ROAD· According to Chapter 15.32 of the
, Municipal Code, all existing overhead utilities crossing a parcel under development shall be converted to
underground, except for 69 kv lines. Bonita Gateway, Ltd., is developing the property at Plaza Bonita Road
and Bonita Road and has requested a defernl of the requirement. Staff recommends approval of the
resolution. (Director of Public Works)
RESOLU110N 17252 APPROVING 11-Œ REQUEST BY BONITA GATEWAY, LTD., FOR 11-Œ
DEFERRAL OF UNDERGROUNDING REQUIREMENTS AT 3001 BONITA ROAD AND APPROVING
AGREEMENT TIiEREFOR \
Clifford Swanson, Ciry EngineerlDepury Public Works Director, gave a brief slide presentation and informed
Council that the poles and 69 kv lines would remain above ground.
Councilmember Rindone questioned if the Ciry could require that all the lines be put underground.
Mr. Swanson stated the Ciry could require that they be buried but it would be extremely expensive and
should be done through an undergrounding district. Under the ordinance, the undergrounding of the 69
lev lines would not be the responsibiliry of the property owner.
Council member Rindone questioned if one was required, what would prevent both from being required to
provide the aesthetic relief which was one of the objectives of the provision.
.
Councilmember Horton questioned if an underground district was established whether they would be
responsible for the undergrounding of the 12 lev lines.
Mr. Swanson stated that under the defetnl the property owner would be responsible.
r This being the time and place as advertised, the public hearing was declared open.
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COUNCIL AGENDA STAlEMENT
Item 7
Meeting Date 3/1/94
ITEM TITLE: I' J7¥tJP .. I A . 29
Reso utlon uthonzmg temporary street c osures on pnl ,1994
for a parade sponsored by Palomar Elementary School.
SUBMITfED BY: Director of Parks and Rec~~ati4
REVIEWED BY: City Manager ~G b-ð ~1 (4/5ths Vote: Yes _ No X)
Palomar Elementary School is requesting permission to conduct a school parade on April 29, 1994.
RECOMMENDATION: That Council approve the request subject to staff conditions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION: The principal of Palomar Elementary School has requested permission to conduct
a school parade on April 29, 1994 from 9:45 - 10:45 AM. (Attachment A). The parade is the
culminating event in the school's "Spirit Week" celebration. The proposed parade route is indicated
on the attached diagram (Attachment B). Approximately 500 students from the school will
participate, along with a marching band from Castle Park Middle School. The school has conducted
this parade for several years without incident.
Approval should be subject to the school meeting the following conditions:
1. Provision of a certificate of insurance and policy endorsement in the amount of $1 million,
naming the City of Chula Vista as additional insured.
2. Execution of a hold harmless agreement.
3. Provision of adequate traffic control as determined by the Police Department. The cost for
any required service will be paid for by the school.
4. Clean-up of any litter generated by the event.
FISCALIMPACf: None.
Attachments: A - Letter of Request NOT scANNED
B - Diagram of streets involved
wp\palomar
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RESOLUTION NO. /711)¡)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING TEMPORARY STREET
CLOSURES ON APRIL 29, 1994 FOR A PARADE
SPONSORED BY PALOMAR ELEMENTARY SCHOOL
WHEREAS, Palomar Elementary School is requesting
permission to conduct a school parade on April 29, 1994 from 9:45 -
10:45 a.m. to celebrate the school's "Spirit Week"; and,
WHEREAS, the proposed parade route is indicated on the
attached diagram (Attachment B) and approximately 500 students from
the school will participate, along with a marching band from Castle
Park Middle School,
NOW, THEREFORE, BE IT FURTHER RESOLVED the city Council
of the City of Chula Vista does hereby authorize temporary street
closures on April 29, 1994 by Palomar Elementary School subject to
the school meeting the following conditions:
1. provision of a certificate of insurance and policy
endorsement in the amount of $1 million, naming the
City of Chula vista as additional insured.
2. Execution of a hold harmless agreement.
3 . provision of adequate traffic control as determined
by the Police Department. The cost for any
required service will be paid for by the school.
4. Clean-up of any litter
Presented by ~þp
/
/
Jess Valenzuela, Director of ( :~uce M. ity
Parks and Recreation Attorney
C:\rs\parade.pal
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CHULA VISTA ELEMENfARY SCHOOL DISTRICT
PALOMAR SCHOOL
300 EAST PALOMAR STREET . CHULA VISTA, CALIFORNIA 91911 420 -01'34-
February 3, 1994
Mr. Jess Valenzuela
City of Chula Vista
Parks & Recreation Department
276 Fourth Avenue
Chula Vista, Ca 91910
Dear Mr. Valenzuela,
Palomar Elementary School will be celebrating SPIRIT WEEK the week of
April 25th, finishing up the week with a parade on the 29th.
We request the city to permit us to have this parade on April 29th on the
adjoining local streets, according to the pre-approved route. The parade
would begin at approximately 9:45 and continue to 10:45 a.m.
We will contact the Chula Vista Police Department and request police
services.
Thank you for your assistance on this event.
Sincerely,
RECEIVED "--1
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BJN:pc
CHULA VISTA PARKS lit
RECREATION DEPT.
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COUNCIL AGENDA STATEMENT
Item >?"
Meeting Date 3/1/94
ITEM TITLE: Resolution J7¥tJ/ approving Encroachment Permit No. PE-290
for signs at 1550 East "H" Street and authorizing City Engineer to issue
same
SUBMITTED BY: Direow, of Poblk WOC~ rf
REVIEWED BY: City Manager JGt ~ ~ì (4/5 Vote: Yes_ No X )
The owners of the retail center being built at the southeast corner of East "H" Street and Otay
Lakes Road have requested an encroachment permit to construct two monument signs within the
City's rights-of-way. According to Section 12.28.020 of the Municipal Code, Council must
consider approval of the request.
RECOMMENDATION: That Council adopt the subject resolution approving Encroachment
Permit No. PE-290 and authorizing City Engineer to issue same.
BOARDS/COMMISSIONS RECOMMENDATION: The Design Review Committee has
approved the signs contingent upon the approval of this encroachment permit (PSP-94-02)
DISCUSSION:
The property at the southeast corner of East "H" Street and Otay Lakes Road is being developed
as a small retail center. In order to display the names of the retail stores within the complex,
the owners have proposed to place two monument type signs; one on the East "H" Street side
and the other on Otay Lakes Road.
As part of the development, the owners were required to dedicate enough street right-of-way for
the future widening of both streets. As a result, the requirement to place the two signs on
private property would preclude the signs being easily seen by motorists. Consequently,
Stanford Signs, acting as agents for the owners, has requested that the City issue an
encroachment permit to allow the signs to be located within the City's right-of-way (see Exhibit
"A").
This request was reviewed by the Planning Department. Its response was that the signing
program (PSP-94-02) was considered and approved by the Design Review Committee with the
condition that an encroachment permit first be issued for the placement of the signs in the right-
of-way.
3''' /
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Page 2, Item ~
Meeting Date 3/1/94
The signs are each ten feet wide by eight feet high. In order to maintain sufficient visibility of
pedestrians by motorists exiting the driveways, the placement of the signs are being restricted
to a minimum of eight feet from the back of the public sidewalk on both streets. (See Exhibit
"B" for sketch of sign.)
The permit contains clauses to ensure that the signs will be maintained (including graffiti-free)
by the owners and, when widening of the streets occurs, any needed relocation of the signs will
be at the owners expense.
It is staff's recommendation that the permit be approved and remain valid until such time as
either of the streets are widened and relocation or removal is necessary.
FISCAL IMPACT: None. ~1»
~O~
Attachments: Exhibits "A" & "B"
JWH; File No. PE-290
[M:\HOME\ENGINEER\AGENDA \PE-290.JWHl
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---- _..__.....,.._--~----"- -----"..--,....,-..-.-,---- .-...._--_.._-._~._---
RESOLUTION NO. / 7'1ð J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING ENCROACHMENT PERMIT NO.
PE-290 FOR SIGNS AT 1550 EAST "Hit STREET AND
AUTHORIZING THE CITY ENGINEER TO ISSUE SAME
WHEREAS, the owners of the retail center being built at
the southeast corner of East "H" Street and Otay Lakes Road have
requested an encroachment permit to construct two monument signs
within the City's rights-of-way; and,
WHEREAS, according to section 12.28.020 of the Municipal
Code, Council must consider approval of the request; and,
WHEREAS, the Design Review Committee has approved the
signs contingent upon the approval of this encroachment permit,
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the City of Chula vista does hereby approve croac nt Permit
No. PE-290 and authorizes the City Engineer/ 0 issue e.
Presented by fP l'
"
t B=ce M.
John P. Lippitt, Director of
Public Works Attorney
C:\rs\PE290.enc
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FILE NO. PE -290
OWN BY: J ¡.j EAlCROAC H;tIEA/T PERM/7 RE~UEST
DATE: 7./4/94 /550 EAST )/ /-II! STREET 3'..r
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COUNCXL AGENDA STATEMENT
Item r
Meeting Date March 1. 1994
XTEM TXTLE: Resolution I '1¥I)~ Authorizing the Department of
General Services of the State of California t~purchas vehicles on
behalf of the City of Chula vista.
SUBXXTTED BY: Interim Finance Adr~~istrato
REVXEWED BY: city Manager-.:A "t~\ (4/5THS Vote: Yes_No-1L)
The FY 93-94 budget includes funds for the purchase of two compact
sedans, five compact pick-up trucks and one Cargo Van in the
Equipment Replacement Fund.
Council Resolution No. 6132 authorizes the City to participate in
a cooperative bid with the State of California for the purchase of
these vehicles. The procedure requires that adoption of a
resolution designating the State as its purchasing authority in
making the purchase.
RECOMMENDATXON: That Council adopt the resolution
BOARDS , COMMXSSXON RECOMMENDATXON: NA
DXSCUSSXON:
Council Resolution No. 6132 was approved for the purpose of
authorizing the Purchasing Agent to join with other governmental
agencies in obtaining bids for certain materials and supplies of
common usage or entering into contracts, arrangements and
agreements for cooperative purchasing.
Cooperative purchasing is a program whereby a larger agency may act
as the buying agent for other agencies. This provides the product
at prices generally available only to large volume buyers and is
advantageous to smaller entities. This State program requires
competitive bidding and non-restrictive specifications.
Participating agencies are encouraged to submit names of dealers in
their area interested in bidding. The Purchasing Division has
submitted the names of the local Ford and Chevrolet dealers.
State Process
The purchasing policy for acquiring most city vehicles has been to
use the State contract procedure for any normal standard
acquisitions. This method does not require the City staff to
formulate the new specifications each year and coordinate the
involved purchasing and bidding procedures. By using the State's
massive buying power and the economics of scale for fleet type
acquisitions has saved the city significant staff time and staff
9" I
________."__._."____...._..u__...__._.____.__.._,,__________
Paqe 2. Item '1
Meeting Date March 1. 1994
believes it has also saved significant money in terms of price.
Local bidders are encouraged to bid but due to the size and low
profit margin usually do not participate. If we wait for the state
figures which come out in January we have missed the window on
bidding ourselves, as that needs to be done in October.
Other Government Entities
A second method sometimes used by the City to purchase vehicles was
typified by the police vehicles the City recently bought through
city of San Diego. When the State contract was released as to
types of vehicles they are buying and the price, staff decided not
to recommend the State Contract and called other agencies for large
bids that were more acceptable to the City's needs. This was the
case for the Ford police cars discussed by the Council at the
February 8 meeting.
In-House Competitive Bids
The third scenario involves the City using the Purchasing policies
and requesting bids locally for buying one of a kind or specialty
vehicles. We will be requesting bids for these types of vehicles
for Public Works, Planning and Parks & Recreation in the next few
weeks. Public Works staff is now finalizing the specifications.
The bid specifications will be mailed to San Diego County Dealers
that are presently on the bidder's list. This includes Chula
vista's Chevrolet and Ford dealers.
At its February 8 meeting, Council directed that next year
Purchasing work with the Attorney's office to request bids locally
for all vehicles to determine whether and by how much State
contract price is lower. We will incorporate this process into the
1994-95 budget to start in September 1994 for determination in
January 1995. At that time, a report will be submitted to Council
reviewing the process with a recommendation on future pOlicy.
Regarding the eight vehicles being recommended for purchase through
the State contract in this Agenda Statement, staff has contacted
both local dealers concerning getting informal quotes on the sedans
and trucks. These prices were higher than the State bid even after
sales tax consideration.
Consideration of Alternative Fuel Vehicles
As Council was previously informed, the City received a grant from
the California Energy Commission (CEC) to participate in the Medium
Duty CNG vehicle program. One of the vehicles approved for that
program was the cargo van being purchased for the Library. When
9 ~,.,2..
__.u____. _____ _ _ _..__".__________..._._ .______.___
Paqe 3. Item 'i
Meeting Date March 1. 1994
the CEC approved the cargo van, City staff had estimated that it
would fit the program guidelines which required a GVWR (a weight
rating) of 10,000 to 26,000 lb. However, when the bid documents
were received from the state, the largest CNG cargo van had a GVWR
of 8,600 lb.
Staff will try to have this van qualify under the medium duty
program and expects to succeed since one of the vehicles approved
by CEC also has a GVWR of 8,600 lb. If the CEC does not approve
the vehicle, staff will apply to SDG&E and the CEC under the light
duty vehicle program (for which the van definitely qualifies). The
differential in price between the CNG equipped van and one without
CNG is $4,530 which will be reimbursed to the Vehicle replacement
fund when received from the CEC.
During the approval of the Fiscal Year 1993-94 Equipment
Replacement Budget, staff indicated that some dual fuel vehicles
(gasoline and methanol) would be purchased if possible. Staff
recommends that we do not replace the two compact sedans in
Building & Housing with dual fuel vehicles. This recommendation is
made because the only dual fuel vehicles available are intermediate
(Taurus) sedans rather than compact (Tempo) sedans.
The purchase of Taurus sedans would be more expensive initially and
would incur higher operating costs. However, should Council direct
that dual fuel vehicles be purchased , it would be necessary for a
transfer of funds from the Emergency Vehicle Replacement Fund.
Summarv of Recommended Purchases
The Equipment Replacement Fund provides for the replacement of
eight vehicles available on the State contract. For each vehicle
purchased, one vehicle will be removed from service and sold at
auction. The vehicles to be purchased are as follows:
ACTIVITY DESCRIPTION NET UNIT
PRICE
Building & Housing Dept. Compact Sedans (2) $10,754.76
Public Works Operations pick up Trucks (3) $11,409.82
Parks Division pick up Trucks (2) $11,409.82
Library Cargo Van (1) - CNG $18,895.75
1'J
-'-,-- ._--".._---_._,-------~--~_.~
Paqe 4. Item 1
Meeting Date March 1. 1994
Purchase cost for the above vehicles is $97,454.37 based on state
contract prices. The cut-off date for Sedans is March 6 to inform
the State.
with manufacturer's cut-off dates rapidly approaching, staff
recommends the purchase from the State Contract for the above items
with processes to be revised for the 1994-95 fiscal year.
FrSCAL rMPACT: Sufficient funds are provided for in the FY 93-
94 Equipment Replacement fund for the eight vehicles. The budget
provided $101,310. Purchase cost will be $97,454.37.
A113.VEH
9"'/
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RESOLUTION NO. 17L/~t2.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE DEPARTMENT OF
GENERAL SERVICES OF THE STATE OF CALIFORNIA TO
PURCHASE VEHICLES ON BEHALF OF THE CITY OF
CHULA VISTA
WHEREAS, the FY 1993-94 budget includes funds for the
purchase of two compact sedans, five compact pick-up trucks and one
cargo van in the Equipment Replacement Fund; and,
WHEREAS, Council Resolution No. 6132 authorizes the City
to participate in a cooperative bid with the State of California
for the purchase of these vehicles; and,
WHEREAS, said procedure requires that adoption of a
resolution designating the State as its purchasing authority in
making the purchase and a service charge of one percent of the
total before taxes is required for each transaction; and,
WHEREAS, the purchase cost for the vehicles is $99,954.37
based on State contract prices which includes a one percent State
service charge and cash discount terms if the City pays the invoice
within the time frame proposed in the contract; and,
WHEREAS, the City Attorney of the City of Chula vista has
executed a certificate, attached hereto and incorporated herein by
reference as if set forth in full, in accordance with section
1895.2 of the California Administrative Code, advising that the
requested purchase by the State Department of General Services does
not conflict with the provisions of the City Charter.
NOW, THEREFORE BE IT RESOLVED that the city Council of
the ·city of Chula vista does hereby autho . ze th~ epartment of
General Services of the State of Californi o:~F'o Of;]"" on
behalf of the City of Chula vista.
Presented by
Susan Merrill, Interim Director
of Finance
C:\RS\vehicle purchase
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CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
February 18, 1994
Department of General Services
state of California
P. O. Box 942804
Sacramento, Ca. 94204-0001
Re: Certificate of Compliance
Gentlemen:
I hereby declare that I am the duly appointed City Attorney of the
City of Chula vista authorized to advise the officials of said City
on all legal matters and to perform those acts required by Section
1895.2 of the California Administrative Code of the State of
California.
I hereby certify that the authorization of the Department of
General Services of the State of California to purchase vehicles
does not conflict with any provision of the Charter of the City of
Chula vista.
very Ul~U
!
Bruce M. Boo
city Attorne
BMB: 19k
9;¡'
.. ~~ 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691~5037
_..____.m···.__·_·__~__·_.__________~·_·_·_··___·_·________~__~_"'_____.+___.____.._..._._,_______ ______~
COUNCIL AGENDA STATEMENT
ITEM: / tl
MEETING DATE: 3/1/94
ITEM TITLE: Resolution 17'/I).:{ Adopting the "Procedures for
Administrative Adjudication of Contested Parking
citations" Manual as Required to comply with AB 408
SUBMITTED BY: Interim Finance $inistrator/'~~
Revenue Manager "'if' .
REVIEWED BY: City Manager~ ~ J (4/5ths Vote Yes_ NO_.10
Assembly Bill (AB) 408 which became effective July 1, 1993
decriminalized parking citations, changing parking violations from
a criminal misdemeanor to a civil penalty. The legislation
required that cities develop and implement administrative appeal
processes to replace the role the court used to play in
adjudicating contested citations. cities were required to have a
three-phase appeal process in place by January 1, 1994. The
legislation specified that the city shall enact written procedures
which ensure that those contesting parking citations receive a fair
and impartial review of their cases. 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. 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. Due to the
size of the manual and a desire to reduce photocopying costs, a
copy of the Manual is available for review in the City Clerk's
office. Adoption and adherence to these procedures as outlined in
the Manual will place the City in compliance with AB 408.
RECOMMENDATION: That Council adopt the Resolution 1) adopting
the "Procedures for Administrative Adjudication of Parking
citations" Manual and 2) authorizing the city Attorney to make
minor procedural changes in the Manual as needed.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
AB 408 which became effective July 1, 1993 amended the California
Vehicle Code and other state laws, making parking violations a
civil liability rather than a criminal misdemeanor. AB 408
basically transferred the responsibility for hearing appeals on
contested parking citations from the courts and placed it with the
City. As of January 1, 1994 state law requires that the City of
Chula vista provide administrative adjudication of contested
parking citations in a manner which meets the requirements set
/tJ-j
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Item / II)
Page £,Meeting Date 3/01/94
forth in the Vehicle Code. AB 408 required the city to enact a
three-tier process of administrative appeals for those contesting
parking citations: 1) Administrative Review, 2) Administrative
Hearing, and 3) Appeal to civil Court.
Administrative Review The first level of appeal is an
Administrative Review. The contestant presents his "Request for
Dismissal" in writing and the issuing officer and other staff
members investigate the contentions. If, for example, a parking
meter is found to be broken, the citation is dismissed at this
point and no further action need be taken. If the citation is
upheld and the contestant wishes to appeal further the contestant
may request an administrative hearing. Of the approximately 1500
citations written monthly about 5% (75) citations are appealed
through the administrative review process. Of these approximately
50 are dismissed and 25 are upheld.
Administrative Hearina Of the approximately 25 citations upheld
monthly through the administrative review process, about 5
contestants will appeal the decision and request an Administrative
Hearing. To request an administrative hearing the contestant
deposits the amount of the parking penalty and the City schedules
an administrative hearing in front of a Hearing Examiner. The
attached manual provides detailed instructions on Examiner
qualifications, ethics and conduct of the hearing. Adherence to
the manual will ensure that only those who are qualified via
training in law or mediation and who have demonstrated knowledge of
the procedures included in the Manual can be appointed by the City
Manager as a Hearing Examiner. The City has obtained the services
of a third-year law student to act as the Hearing Examiner
initially. City staff are hopeful that qualified volunteer Hearing
Examiners can be found in the future. Upon completion of the
Hearing, after weighing all the evidence and following the
procedures set forth in the Manual, the Hearing Examiner renders a
finding of liable or not liable. If the contestant is found not
liable the deposited penalty is refunded by the city. If the
contestant is found liable the city retains the parking penalty.
A contestant who is found liable has one more option to appeal.
ADDeal to civil Court within twenty days of receiving the decision
from the administrative hearing a contestant may file an appeal
with the South Bay Municipal Court civil Division which requires
payment of a $25 filing fee. The city supplies the Court with its
case file and the case is heard by a Traffic Magistrate who makes
the final decision. If the contestant is found liable the City
retains the penalty deposited prior to the hearing and the Court
retains the filing fee. If the contestant is found not liable the
City must refund the contestant's penalty deposit as well as the
$25 filing fee.
The attached manual provides a comprehensive and detailed guide to
/ t? ,. :J..
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Item / tJ
Page ~,Meeting Date 3/01/94
be used by city staff and the Hearing Examiners in conducting the
city's administrative adjudication program. The manual was
developed based on a prototype manual received by most California
cities at an extensive training course sponsored by the California
League of cities. The manual has been developed with the
assistance of staff from both the Finance and Police Department as
well as review from a third-year law student and the City
Attorney's Office. Adoption and adherence to the procedures
contained in this manual will put the city of Chula vista in
compliance with both the letter and intent of AB 408 which is to
provide an impartial forum for those who are contesting parking
citations to have their case heard.
The first phase of the Appeals process, the Administrative Review,
has been in place in its present form since late 1993. This
portion of the process is running smoothly and the instructions and
forms which are included in the manual and are in use at the
present time appear to be communicating effectively with those who
wish to contest citations. The City recently redesigned both its
parking citation and the mailed notice of parking violation to
comply with AB 408 requirements. The City jointly purchased these
new citations and forms with Imperial Beach and Coronado in an
effort to receive quantity discounts and reduce implementation
costs. The procedures for Administrative Hearings contained in the
Manual are similar to those in other cities which have enacted
successful programs. Staff will evaluate the sufficiency of these
procedures as the initial administrative hearings are conducted and
will return to council with recommendations if it appears
substantive changes are needed.
FISCAL IMPACT: At this point it appears that the additional costs
associated with implementing the administrative hearing portion of
the administrative adjudication program for contested parking
citations can be absorbed within the existing budget, as Coronado
and Imperial Beach will be reimbursing the city for the costs
associated with administering their program and the city has
secured the services of the third-year law student who has
volunteered to initially serve as the Hearing Examiner. Costs
could increase slightly, however, if the City is unable to obtain
sufficiently qualified volunteers in the future. There is also a
risk of significant cost increases, if pending legislation passes
which would make passing the California Bar a prerequisite for
being a Hearing examiner and also requires the city to contract
with an outside firm for Hearing Examiner service.
/P'3
.__,_m__,__.__.,__" __ "'__'__'_"___'~"U'___"__'_""'."________' ____,____.
RESOLUTION NO. 1'l¥~J
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 on file with 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.
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. /~
/,' J
Presented by ;tAp oved as' 0
I
I.
Susan Merrill, Interim Finance ' Bruce M.
Director ~ Attorney
C:\rs\AB408 /ti' 7
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'Tßl!BL'£ O![ CC»lJ'£'JUS
1. DESCRIPTION OF MANUAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. MISSION STATEMENT ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3. PHILOSOPHY OF PARKING ENFORCEMENT.. ... . .... . .. . .. . . ., .. . .. .. . 1
4. SUMMARY OF GOVERNING STATUTES .............................. . 2
5. SUMMARY OF ADMINISTRATIVE ADJUDICATION PROCEDURES. . .., ... . .. 4
6. THE ADMINISTRATIVE REVIEW ..................................... 6
7. THE ADMINISTRATIVE HEARING .................................... 7
7.1 Summary of Administrative Hearing Procedures . . . . . . . . . . . . . . . . . . . . . . 7
7.1.1 Infonnality of the Hearing .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7.1.2 Pre-Hearing Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7.1.3 Administrative Hearing Procedure and Script . . . . . . . . . . . . . . . . 8
7.1.4 Post Hearing Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7.1.5 Types of Hearings ................................. . 12
7.2 The Hearing Examiner: Qualifications and Responsibilities . . . . . . . . . . . . . . 13
7.2.1 Hearing Examiner Requirements . . . . . . . . . . . . . . . . . . . . . . . . . 13
7.2.2 The Role of the Hearing Examiner . . . . . . . . . . . . . . . . . . . . . . . 14
7.2.3 Conduct of the Hearing Examiner. . . . . . . . . . . . . . . . . . . . . . . . 15
7.2.4 Summary of Hearing Examiner's Maj9r Tasks .. . . . . . . . . . . . . . 15
7.2.5 Ethical Guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
7.3 Detailed Guidelines for Evaluating Evidence, Testimony and Documents . . . . . 16
7.3.1 Quantity of Evidence Required to Sustain Case .............. 16
7.3.2 Examining the Citation to Establish the Prima Facie Case .. . . . . . 18
7.3.3 Presentation and Evaluation of Contestant's Case .. . . . . . . . . . . . 19
7.3.4 Conducting the Cross Examination .............. . . . . . . . . . 22
7.3.5 Considering the Results of the Administrative Review. . . . . . . . . . 25
7.3.6 Evidence Regarding Validity of Late Payment Penalties ........ 25
7.3.7 Consideration of Prior Dismissals/Precedence . . . . . . . . . . . . . . . . 26
7.3.8 Consideration of Prior History of Violation ................. 26
7.4 Detailed Guidelines for Reaching a Decision and Evaluating the Contestant's
Case ................................................... . 27
7.4.1 Making the Detennination ............................. 27
7.4.2 Rationale for the Finding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
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7.4.3 Types of Violations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
7.4.4 Contestant Denial of Liability. . . . . . . . . . . . . . . . . . . . . . . . . . . 29
A. General Denial .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
B. Material Error in the Vehicle Identification ................. 29
C. Material Error in the Allegation ......................... 29
D. Time of Observation Versus Time of Writing .............. . 30
E. Challenge to Issuing Officer's Judgement .................. 30
F. Missing Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
G. Obscured Signs ................................... . 31
H. Defaced Signs .................................... . 31
1. Preferential Parking District Violations .................... 31
7.4.5 Contestant Admits Liability with Explanation. . . . . . . . . . . . . . . . 32
A. Potentially Acceptable Explanations for Violation. . . . . . . . . . . . . 32
B. Unacceptable Defenses or Explanations . . . . . . . . . . . . . . . . . . . . 33
7.4.6 Contestant Appeals for Leniency ....................... . 38
7.5 Detailed Guidelines for Calculation and Assessment of Penalties and Late
Fees ................................................... . 39
7.5.1 Penalty Amounts .................................. . 39
7.5.2 Late Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
7.6 Special Situations ........................................... 42
7.6.1 The Represented Contestant . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
7.6.2 The Unruly Contestant .............................. . 42
7.6.3 The Indigent Contestant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
7.6.4 Granting Continuances .............................. . 43
7.7 SPECIAL CLASSES OF VEHICLES AND UNIQUE CIRCUMSTANCES. . . 44
7.7.1 Commercial Vehicles: Requirements and Privileges .......... . 44
7.7.2 Government Vehicles: Identification and Privileges. . . . . . . . . . . . 45
7.7.3 Parking Enforcement Vehicles: Identification and Privileges .... . 46
7.7.4 Disabled Parking: Requirements and Privileges ............. . 46
7.7.5 Seized and Booted Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
7.7.6 Rental and Leased Vehicles .. . . . . . . . . . . . . . . . . . . . . . . . . . . 49
8. APPEALS TO CIVIL COURT ......................................... 49
9. APPENDIX OF FORMS ............................................ . 51
C:'home\wpc\finance\parking.man (Rev. 2f24/94 (Thu, 4:16pm) )
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CITY OF CHULA VISTA ADMINISTRATIVE
ADJUDICATION OF PARKING CITATIONS MANUAL
1. DESCRIPTION OF MANUAL
Assembly Bill 408 of the 1992 Legislative Session makes any state or municipal parking violation
subject to a civil penalty schedule established by the governing body of the jurisdiction in which the
notice of parking violation is issued. It also requires that the enforcement of those penalties be governed
by a revised civil procedure, which is to include an administrative review procedure and an
administrative and judicial appeal process. The entire adjudication procedure conducted by the posting
or processing agency was further required. by law, to be written and approved in order to ensure a fair
and impanial review of any contested parking violation.
This manual meets the legal requirements and intent of Assembly Bill 408 pertaining to the adjudication
procedure, thereby placing the City of ChuIa Yista in compliance with state law.
2. MISSION STATEMENT
The mission of the City of Chula Yista's Administrative Adjudication Process is to provide for the
hearing and disposition of contested cases involving California Yehicle code (CYC) and Chula Yista
Municipal Code (CYMC) parking regulation violations and for violations involving the impoundment
of vehicles.
The intent of the AB 408 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 established process be fair, convenient, and impanial from the
viewpoint of those contesting the parking violations, while at the same time, administer justice in an
efficient and unifonn manner.
The policies and procedures established for the operation of the Program are designed to be efficient and
fair. The primary goals of the Administrative Adjudication Process is to provide all contestants a forum
in which the facts may be reviewed fairly and a disposition rendered in a timely manner.
3. PHILOSOPHY OF PARKING ENFORCEMENT
An effective parking enforcement program must protect and 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. Sanctions or consequences for repeat offenders who fail to observe parking regulations and/or
fail to pay outstanding parking fines are; booting, towing and impounding, and garnishment of State Tax
and Lottery winnings.
For those who contest a citation, the adjudication process should be just and timely. It must contribute
to the overall goal of discouraging illegal parking by enforcing regulations, however, in a way that
provides a fair and impartial hearing for all.
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4. SUMMARY OF GOVERNING STATUTES
The following is a brief summary of statutes which are basic to the hearing process. The Hearing
Examiner may not be directly affected by all of the provisions within a statute, however, all those
involved in the process should nonetheless become familiar by reading the statutes in their entirety.
Authoritv: California Vehicle Code, Article 3
The establishment of the Administrative Adjudication Process is authorized by California Vehicle Code
Article 3, Sections 40200.7 and 40215, which became effective on July 1, 1993, as' enacted by California
Assembly Bill 408. The adjudication procedure mandated by AB 408 is detailed as follows:
The issuing or processing agency must perform an Administrative Review of a citation
if the review is requested within 21 days of issuance of the citation or within 10 days of
the mailing of the notice of parking violation.
Within 15 days of the mailing of the results of the Administrative Review. the person
may request a mail-in or in-person review of the citation bv a Hearing Examiner. The
request for the hearing must be accompanied by payment of the full amount due for the
citation or, as provided by the agency's policy. appropriate proof of inability to pay the
amount due. It is important to note that the parking enforcement officer does not appear
for the hearing.
Within 20 days of the mailing of the Hearing Examiner's decision. an appeal may be filed
with a civil court. The court currently requires the person filing the appeal to pay a
$25.00 filing fee plus any other applicable court charges and fees. The appeal is heard
"de novo" (it begins a completely new process) in a justice or mun,icipal court with the
City's case file submitted as evidence. A copy of the notice of parking violation is
admitted into evidence as prima facie evidence of the violation. If the court overrules the
Hearing Examiner, the City must refund the $25.00 filing fee and any part of the parking
penalty that the court may order to be refunded.
NOTE: There are no provisions in the Vehicle Code. nor is the issuing agency required. to conduct an
Adminisu-ative Review or schedule an appearance before a Hearing Examiner if the mandated time limits
are not followed by a violator.
Notice of Parkin!! Violation Information: CVC Section 40202(a)
The Hearing Examiner should review each Notice of Parking Violation or citation to ensure that it
contains the following statutorily required information:
· Violation Code Section or Description
· Approximate Time
· Location
· Vehicle License or Vehicle Identification Number (V IN)
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CITY OF CHULA VISTA ADMINISTRATIVE
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0 Registration Expiration Date (or notation that tabs were not on the vehicle)
Last four digits of the VIN, (required if visible to the enforcement officer)
Color of Vehicle
Make of Vehicle
0 Amount of the Fine
0 Location Where Fine May be Paid or Contested
NOTE: Citations lacking the infonnation marked with an asterisk (0) may be dismissed outright by the
Hearing Examiner. This is called a summary dismissal and occurs because the Agency has failed to
adequately establish its prima facie case.
Affixin!! the Notice of Parkin!! 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 contestant claims that the citation was never affixed to the vehicle or seen
on the vehicle, and presents credible evidence to substantiate the claim, this still should never be grounds
for dismissing late fee(s) which accrued because the citation was not paid or appealed in a timely
fashion. Only if the Hearing Examiner can ascertain that the contestant was not mailed a notice (or
equivalent) should the charges or accumulated penalties be dismissed.
Prima Facie Case: CVC Section 40200
A parking citation containing the requisite infonnation (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, a properly completed citation satisfies the City's burden to
establish that the violation occurred. However, the prima facie cas~ may be successfully rebutted by a
contestant by presenting credible and sufficient evidence that the citation is not valid. What constitutes
sufficient evidence to rebut the citation and warrant dismissal, is detennined 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
The City is authorized to seize, immobilize (boot), or impound (tow), at the registered owner's expense,
any vehicle accumulating five or more parking citations to which the registered owner has not responded.
This process may not be invoked against an alternale vehicle in those cases where an agency chooses
to move a violation from one vehicle to another owned by the same registered owner.
Notice Reauirements: 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). A claim that a notice was not received is not nonnally a valid rebuttal to a citation.
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Notice mail dates may be verified by information contained in the case file as obtained from the
Automated Parking Program.
Leased and Rented Vehicles: CVC Sections 40209 and 41102
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 parking violation (which incudes the vehicle license number an 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 (the
City) within 30 days of the mail date of the notice. If the registered owner does not
provide this infonnation within the 30 days allotted, there is no authority to transfer
responsibility for the citation.
If a lessee or renter is notified of a parking violation, the lessee/renter has the option of
paying the penalty which closes the citation, or contest its validity, through the
Administrative Adjudication Process.
s. SUMMARY OF ADMINISTRATIVE ADJUDICATION PROCEDURES
An individual wishing to contest a parking citation can subject her/his case to three stages of evaluation.
As shown in the flow chart, these stages include an Administrative Review, an Administrative Hearing,
and judicial review in civil court. The contestant is subject to specific time limits throughout this
process, any of which. if not met result in the assumption of liability by the contestant for the full
amount of the parking penalty.
The first measure of recourse a contestant has is the Administrative Review. The request for this
evaluation must be made within 21 days of the issuance of the parking citation or within 10 days of
receiving the "Notice of Parking Violation". After reading an infonnation sheet describing the entire
adjudication process the contestant is instructed to fill out a "Request for Dismissal". This fonn is
forwarded to the agent responsible for issuing the citation, who then provides a recommendation based
on the facts surrounding the violation. After completion of this part of the review, the agent routes the
same fonn and any evidence she/he uncovers concerning the case to the Traffic Sergeant in the Police
Department. After reexamining the case the Sergeant furnishes an additional recommendation and sends
the fonn to the Revenue Manager in the Finance Department. The Revenue Manager takes into
consideration all of the evidence and each recommendation supplied by the Issuing Agent and Traffic
Sergeant and renders a final decision, dismiss or uphold. which is mailed to the contestant.
If the contestant disagrees with the findings of the Administrative Review she/he may now utilize the
second tier of evaluation which is the Administrative Hearing. Within 15 days of receiving the final
decision handed down by the Administrative Review a dissatisfied contestant may submit a written
t:\home\wpc\lioaoce'fwting.man (Rev. 2/1.4/94 [Thul) j¡J-/ / Page 4
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CITY OF CHULA VISTA ADMINISTRATIVE
ADJUDICATION OF PARKING CITATIONS MANUAL
declaration requesting an Administrative Hearing by mail or in person, along with a deposit equal to the
original violation amount. If the contestant fails to do this in the time allotted she/he is now liable for
the full violation amount and has no further recourse available for contesting the citation. If a written
declaration for an in-person hearing is received from the contestant the Finance Department establishes
a hearing date, notifies the contestant of this time, and prepares a case file containing all relevant
material relating to the violation. This file is then forwarded to the Hearing Examiner for use in the
Administrative Hearing. If the contestant requests a hearing by mail, the Finance Department is only
responsible for preparation of the case file and includes any additional written testimony and evidence
supplied by the contestant at the time of the declaration.
The next step in the process is the Administrative Hearing, which is performed by a trained Hearing
Examiner appointed by the City Manager or his/her designee. If the Hearing is in person, the Hearing
Examiner allows the contestant to present any additional evidence she/he may have accumulated since
the time of the Administrative Review and any witnesses which help support the contestant's claim.
After considering any new evidence and reviewing the case file provided, the Examiner ends the hearing,
deliberates, and prepares a written finding of liable or not liable for paying the citation amount. The
judgement is mailed to the contestant. If the contestant is not liable for the penalty amount the Finance
Department refunds the deposit paid by the contestant. If the contestant is found liable for the penalty
amount then she/he may do one of two things: I) accept the decision and forfeit the deposited amount,
or 2) employ the third tier of review allowed by the adjudication procedure.
The third tier of review constitutes filing an appeal in civil court. This action must be completed within
20 days of receiving the final decision rendered and necessitates posting a $25 filing fee. Once again,
if this is not accomplished within the time allotted the contestant loses any ability to contest the citation
and forfeits their deposit. If the contestant performs the required actions to challenge the citation in civil
court the Finance Department is responsible for delivering a copy of the case-file prepared for the
Administrative Hearing to the court for use in the appeal process. The appeal is then heard and the
contestant has now reached her/his final step in the adjudication process. If the civil court rules in favor
of the city the contestant surrenders their deposit and the $25 filing fee. if it rules in favor of the
contestant the Finance Department refunds the deposit and the $25 filing fee.
6. THE ADMINISTRATIVE REVIEW
All persons contesting a citation must request an Administrative Review of the parking violation prior
to being scheduled for an Administrative Hearing with a Hearing Examiner. Chula Vista will not allow
an Administrative Hearing to be conducted on a violation that has not received an Administrative
Review. The request for this review must be made within 21 days of the issuance of the parking citation
or within 10 days of the mailing of the "Notice of Parking Violation" (CVC Sections 40200.7 and
40215). If the request for review is not made within these time limits the alleged parking violator loses
the statutorily prescribed ability to contest the citation and the citation penalty becomes a formal debt
due the City.
After reading an information sheet (Form C-2) describing the Administrative Review process the
contestant is asked to fill out a "Request for Dismissal". On this form are directions instructing the
contestant to write a explanation of why the violation should be dismissed. She/he is also encouraged
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CITY OF CHULA VISTA ADMINISTRATIVE
ADJUDICATION OF PARKING CITATIONS MANUAL
to supply further evidence supporting herfhis position, such as, photographs, statements from
eyewitnesses, valid disabled parking placards. and registration cards. If the contestant's claim involves
something that can be researched by the City such as a broken meter or missing sign, an investigation
is perfonned to substantiate the contention, and the investigator records the results of the inquiry on the
"Request for Dismissal" Fonn (ponn C-l). This fonn and any evidence provided by the contestant or
City investigation is forwarded to the Agent responsible for issuing the citation, who must then provide
a recommendation based on all the facts surrounding the violation.
Once this portion of the review process is completed the Agent routes the same "Dismissal" Fonn and
evidence concerning the case to the Traffic Sergeant in the Police Department. After reexamining the
case the Sergeant furnishes an additional recommendation and sends the document to the Revenue
Manager in the Finance Department. The Revenue Manager once again takes into consideration all of
the evidence and each recommendation supplied by the Issuing Agent and Traffic Sergeant and renders
a final decision to dismiss or uphold the citation, which is mailed to the contestant.
An Administrative Review that concludes that a citation was validly issued does not dispose of the case
entirely. The contestant is entitled by State law the option of an Administrative Hearing to demonstrate
that both the citation and the result of the Administrative Review are in error and is duly notified of this
option when the written result of the Administrative Review is mailed.
7. THE ADMINISTRATIVE HEARING
7.1 Summarv of Administrative Hearine: Procedures
7.1.1 Informalitv of the Hearine:
The Administrative Hearing replaces the court trial as the forum in which parking citations are
contested. The hearing is an informal proceeding in that the strict rules of evidence, such as
hearsay rules, which apply in a judicial court do not need to be strictly adhered to. Nevertheless,
there are certain rules and procedures which must be followed to avoid any problems or
irregularities in the hearing. Despite this relative informality, each hearing is recorded on tape
so that a record is preselVed of the proceedings in case an appeal is filed. The final decision in
a hearing, however. must be rendered in writing to the contestant.
7.1.2 Pre-Hearine: Procedures
Prior to the scheduled hearing, the Administrative Hearing Clerk will prepare a file for each case
to be heard. The file must contain: A case number, the original citation or a copy thereof, a
copy of the Vehicle Code or Municipal Code Section violated, a completed Request to Dismiss
fonn (which would include all statements and evidence submitted by the contestant, statements
of the Issuing Agent, results of any investigation undertaken by the City and the determination
of the Adnúnistrative Review). The file must also contain a hearing disposition fonn.
All persons scheduled to be heard in the same hearing session must arrive 15 núnutes prior to
the scheduled time. The Administrative Hearing Clerk will verify the Contestant's name and the
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citation number with infonnation provided on the scheduled hearing log and note the time of
arrival. Each contestant will read and sign the Statement of Rights and Responsibilities (Fonn
G-2). One copy will be given to the contestant and the other will be placed in the case file.
Complete cases will be heard on a first come first served basis.
The Contestant must submit to the Clerk. copies of any new evidence (not previously submitted)
and a list of witnesses he/she wishes to have considered by the Hearing Examiner. The
Administrative Hearing Clerk will place this in the case file.
The Hearing Clerk will escort the contestant into the hearing area and give the completed case
file to the Hearing Examiner.
7.1.3 Administrative Hearinl! Procedure and Script
Bel!in the Hearinl!
I) The Administrative Hearing Clerk/"C": " The following proceedings are authorized by
the City of Chula Vista, and will be heard by Hearing Examiner, . the
hearing will now come to order."
2) The Hearing ExaminerI"E": Start the tape recorder and note the tape number, side A
or B and the beginning tape setting on the hearing fonn.
3) "EO!: "Please note that these hearings are being recorded. please remain quiet
until it is your turn to speak and then please speak clearly, for the record."
4) "E": State the date and time.
Hearinl! Examiner's Openinl! Statement
"This hearing takes the place of a court hearing. As a Hearing Examiner. I have been given the
authority to hear and rule on any contested parking violations issued in the City of Chula Vista.
under CVC section 40215 and applicable municipal codes.
"Hearing Examiners do not represent the city but rather are required to be neutral and objective
fact finders. While official, this hearing will be infonnal in comparison to a court hearing, in
that the strict evidentiary rules will not be followed. Your options at this hearing for contesting
this (these) parking violation(s) are either to:
a) Admit committing the violation. and then present sufficient extenuating evidence, to
justify breaking the law. Please be ¡nfonned that the circumstances under which
breaking the law will be justified are very limited.
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b) Denv committing the violation, and present proof of such claim.
The Burden of Proof lies with you as the Contestant, you must prove your contentions, by a
'Preponderance of the Evidence'. The statements you (and your witnesses if any,) make during
this hearing will be considered your complete account of the facts regarding your reasons for
contesting this (these) citations(s). It is your responsibility to present your case factually and
thoroughly. Does everyone understand and are there any questions before we continue with the
hearing?"
"E": "Please give your name and address for the record."
liE": "Are you the registered owner of the vehicle involved?" (if not) "Please state your
relationship to the registered owner or interest in the proceeding."
"E": If witnesses are present ask them to give their name and address for the record.
Administer Oath
Swear in the Contestant and the Witnesses:
"E": "Please put up your right hand and swear or affIrm the following: I swear or affinn
that the testimony I am about to give will be the truth the whole truth and nothing but
the truth."
Excuse Witnesses
I: Excuse all Witnesses and inform them that they will be recalled when it is their
turn to testify.
Review the Prima Facia Case
"E": Review the Prima Facia Case.
Examine the citation to detennine if all statutorily required and pertinent infonnation
has been entered by the issuing offIcer. The Hearing Examiner should review each
Notice of Parking Violation or citation, to ensure that it contains the following
statutorily required infonnation:
· Violation code section or description
· Approximate time of violation
· Vehicle license or vehicle identification number (VIN)
· Registration expiration date (or notation that tabs were not on vehicle)
Last four digits of the VIN (if visible to the ticketing offIce)
Color of vehicle
Make of vehicle
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. Amount of the fine
. Location where fine may be paid or contested
NOTE: CITATIONS LACKING THE INFORMATION MARKED (.) MAYBE DISMISSED
OUTRIGHT BY THE HEARING EXAMINER. This is called a Summary Dismissal and occurs
because the Agency failed to adequately establish its prima facia case.
A parking citation containing the requisite information (listed above) which is affixed to a motor
vehicle is considered to establish a prima facia case that the registered owner of the cited vehicle
committed the violation (CVC 40200).
If any vital information is missing, dismiss the citation. If no information is missing announce
to those present:
"Under the law, a properly executed parking citation makes a prima facia case that the parking
violation in Question did occur. A prima facia case transfers the burden of proof to the
Contestant. In order to defeat the City's case the Contestant must prove his/her case by a
preponderance {if the evidence. A preponderance is evidence sufficient to outweigh the City's
case. The parking citation in this case does comport with the requirements, therefore the burden
of proof is on the Contestant."
Read Information for Record
"E": Read the citation number, license plate number and state of registration, date,
time, location and type of violation into the record.
Reauest the Contestant to enter a plea
liE": Requests the Contestant to enter a plea:
"Will the Contestant please enter a plea of either 'admit the violation' or 'deny
committing the violation'...
The Contestant Enters a Plea of Admit or Deny
"E": "Please state your reasons for contesting this/these violations, and present evidence to
substantiate your defense."
"En: Review any documentation provided and state for the record what is being
reviewed.
The Hearing Examiner must afford the Contestant a fair opportunity to establish their
defense. Generally, this can be done by simply letting the Contestant tell their story.
The Hearing Examiner should try to make the Contestant feel at ease and assist the
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Contestant, as necessary, to adequately articulate their defense, without putting words
in the Contestant's mouth or constructing them a 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. The
Contestant may call as many witnesses as needed. While a witness is testifying,
other witnesses must wait outside the hearing room until called.
Cross-Examination
Once the Contestant or other witness has presented their evidence, the Hearing Examiner must
cross-examine the witness to detennine credibility. Only credible evidence may be used as a
basis for the final detennination. While incredible evidence will be admitted into evidence it is
not to be given weight in the final ruling.
Draw The Witness Out:
Make the witness tell the whole story. Never accept an explanation on its face. Encourage the
witness to go into detail. Pin the witness down as much as possible on actual obselVations,
actual times, distances. etc. Ask the same question in a variety of ways, this kind of questioning
often uncovers inconsistencies, detennines the credibility of the witness, and helps uncover the
real story.
"E": After cross-examination is completed...
"Do you have anything to add before we conclude?"
Contestant: Closing remarks if any.
Close the HeariDl!
"E": "Your hearing is concluded, your case will be taken under submission. Once a
detennination is made. we will send you a copy of the Disposition of your case by
first class mail. Should you be unhappy with the final detennination of your case you
have the right to appeal your case within 20 days from the majling of such final
detennination. Appeals are held in South Bay Municipal Civil Court and a $25.00
filing fee must be paid to the court per citation, prior to scheduling of your appeal."
Turn off the recorder and note the ending tape setting on the hearing disposition fonn.
liE": Contestant is dismissed.
NOTE: In the event that a continuance has been granted, the Hearing Examiner must complete
and file the continuance form in the continuance folder. ,When the hearing that was continued
is completed. the Hearing Examiner should make the relevant entries in the continuance log.
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When a person to whom a continuance has been granted fails to re-appear at the appointed time,
the Hearing Examiner must render a decision on the record. The Hearing Examiner must also
complete the continuance no-show form to be mailed to the contestant.
7.1.4 Post Hearine: Procedure
After the Administrative Hearing the Hearing Examiner must weigh all the evidence and apply
the facts to the law. A determination must be made as to whether the City's prima facia case
has been sustained or whether the Contestant has prevailed by presenting a preponderance of
legally sufficient evidence to overcome the City's case.
The Hearing Examiner must weigh the reasonableness of the Contestant's behavior, the extent
and nature of the predicament and the gravity of the potential harm from the violation. The
Hearing Examiner must consider the steps the Contestant took to avoid the violation. The
reasonableness of a Contestant's efforts is partially dependent on the gravity of the violation.
Either the Contestant has adequately proven a defense or the defense has failed. If the defense
has failed, the Contestant is liable, if the defense prevails the citation must be dismissed and all
monies must be returned to the Contestant.
Once the determination is made. enter a brief written statement including the rationale for the
decision on the hearing record. A written notification of the Hearing Examiner's decision will
be mailed to the Contestant. Each decision should be accompanied by a brief statement of the
Hearing Examiner's rationale. The mailing date of the written decision starts the clock ticking
on the Contestant's 20 day time limit for filing an appeal with the civil court.
7.1.5 Tvpes of Hearine:s
Scheduled Hearine:s
The appointed Hearing Examiner shall conduct hearings on the dates and times scheduled by the
Administrative Hearing Clerk. A hearing is scheduled when specifically requested and may be
conducted in writing or in person. To avoid accumulation of late payment penalties and to
exercise the right to contest a citation, an individual must request a hearing within the statutory
time limits. Once the request for a hearing has been received, the affected citation is placed in
a temporary suspend (hold) status, which prevents the accrual of late payment penalties, and
excludes the contested citation from a DMV registration hold or vehicle seizure eligibility.
Once a hearing has been conducted and a decision rendered, the contestant has 15 days from the
date the decision was mailed to pay any additional monies owed on a citation not dismissed in
a hearing. Upon expiration of this period. unpaid citations are removed from suspend status, and .
are again subject to late payment penalties and DMV holds.
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Hearinl!: of Written Declaration
In lieu of an in-person hearing with a Hearing Examiner, citation appeals may also be made by
written declaration. Hearings by Written Declaration will only be forwarded to a Hearing
Examiner after payment of the full penalty due is made or, in the case of an indigent contestant,
a "Request for Waiver of Administrative Hearing Penalty Deposit" is made and granted. The
Hearing Examiner will review the written declaration and render a decision based on the
infonnation submitted. If the contestant is found "not liable", the penalty deposit paid for the
citation will be refunded.
7.2 The Hearinl!: Examiner: Oualifications and Responsibilities
7.2.1 Hearinl!: Examiner Requirements
· Must be appointed by the City Manager or his/her designee.
· Must have training in at least one of:
- The Law
- Mediation
- Arbitration
- Cooperative Negotiation
· Must learn the applicable code sections and which actions on the part of the contestant
are excusable and which are not.
· Must learn and demonstrate familiarity with the Adjudication of Contested Parking
Citation Manual.
· Must be competent to cross-examine contestant's statements without becoming
confrontational.
· Must be professional:
- Follow procedural guidelines
- Be finn
- Be patient
- Never get angry
· Must be neutral, objective and impartial:
- The Hearing Examiner does not represent the City he/she wears three hats:
I) Judge
2) Prosecutor
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3) Defense Attorney
. Must avoid even the appearance of impropriety.
- Must not be. or be perceived as being a City employee or one who might feel
pressure to give more weight to the City's case.
- Must not allow prejudice to influence decisions.
7.2.2 The Role of the Hearin!! Examiner
It is essential that the Hearing Examiner remain independent and impartial, he/she does not
"represent" the City in the hearing but rather "conducts" the hearings and renders decisions in
accordance with the rules. regulations, policies and procedures established by applicable laws.
(1) Examine the citation for defects. If the citation does not conform perfectly with the
requirements, then the City has not presented a prima facia case and the Hearing
Examiner must dismiss the citation. If the citation is free of defects then the City has
presented a sufficient evidence to make a prima facia case under the law. A prima
facia case transfers the burden of proof to the Contestant. The Contestant must then
present evidence to contradict and overcome the City's case. by a preponderance of
the evidence. A preponderance is evidence sufficient to just outweigh the opposing
evidence.
(2) Listen to the Contestant's story, and in some cases. help the person articulate the facts
of their defense.
(3) Cross-examine the Contestant and any witnesses to determine the credibility of the
defense.
(4) Examine any documents presented for authenticity.
(5) Weigh the evidence and consider any discrepancies.
(6) Render a decision based on the facts of the case and applicable laws.
It should go without saying that any interest the City may have in collecting parking fines is
simply not a pennissible consideration during the hearing process. The Administrative Hearing
Examiner must be a neutral and objective fact finder. Vehicle Code Section 40215 (b) in fact
requires that the amount of penalties upheld by an examiner or the amount of revenue generated
must not be linked to the examiner's continued employment, performance evaluations,
compensation or benefits.
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7.2.3 Conduct of the Hearin!! Examiner
THE HEARING EXAMINER MU ST AL WAYS MAINTAIN CONTROL OF THE HEARING:
· Respond to reasonable requests for infonTIation or clarification, but do not be subjected
to a "cross-examination" by the Contestant. .
· 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.
· Be objective. Listen attentively and show interest. It is of paramount importance that
Contestants have a full and fair hearing.
· Be patient. Let the Contestant tell a complete story and present all pertinent evidence,
but do not pennit irrelevancies to intrude on the hearing process.
· Never show anger. Some Contestants can become quite abusive. It is the job of the
Administrative Hearing Examiner to remain calm and professional. this will often cool
down an agitated Contestant and will enhance the judicial aura of the proceedings.
· It is important to be finn. The City is attempting to alleviate the problem of illegal
parking. Penalties may not be reduced, regardless that the Contestant took the time
to come to a hearing, or because the Contestant had a personal reason for parking
illegally. The Contestant is either liable for the whole penalty or not liable, in which
case the citation must be dismissed.
· A Hearing Examiner should not be influenced. one way or another. by any personal
bias or animus.
· A void even the appearance of impropriety.
- The Hearing Examiner must not solicit or accept anything of yalue in the course
of his or her duties.
- The Hearing Examiner must not conduct a hearing for any relative, friend or close
personal acquaintance. If the Examiner knows a Contestant, the Hearing Examiner
must infonn the Parking Coordinator so that another examiner can be assigned to
the case.
· Any suspected impropriety must be reported to the Parking Coordinator immediately.
7.2.4 Summary of Hearin!! Examiner's Maior Tasks
· Make the pre-hearing statement.
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· Read the citation into the record.
· Administer the oath.
· Record contestant's name and address.
· Record the registered owner's name and address and the contestant's relationship to
the registered owner if applicable.
· Hear and examine the contestant. any witnesses and all the evidence.
· Render and announce a decision including the rationale.
· Record the disposition on the hearing disposition fOnTI.
7.2.5 Ethical Guidelines
If at any time a Hearing Examiner is confronted with a contestant, 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
him Hearing Examiner would benefit from a decision favoring or not favoring the contestant, the
Hearing Examiner should disqualify himself for herself.
If, at any time, an approach is make by any person, including someone connected with the city,
that, either directly or by implication, attempts 10 influence the Hearing Examiner's decisions,
the situation must immediately be brought to the attention of the Revenue Manager.
,
At no time is any Hearing Examiner or any other employee of the City to suggest. arrange, or
agree that any particular contestant appear before any particular Hearing Examiner. Any such
request or suggestion shall be immediately reported to the Revenue Manager. Failure to report
such a suggestion or arrangement may constitute grounds for disciplinary action against all parties
withholding such knowledge.
7.3 Detailed Guidelines for Evalua!Îß!! Evidence. Testimonv and Documents
7.3.1 Quantitv 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 detennined 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 contestant.
If the contestant wishes to deny the parking allegations (e.g., "the meter flag hadn't gone up
yet. ") the contestant must persuade by presenting a preponderance of credible evidence as
weighed against the prima facie case presented by the completed citation. A preponderance of
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evidence is evidence of greater weight when weighted against the evidence opposing it, and has
more convincing force and a greater probability of truth. If the contestant wants to present an
affinnative defense (e.g., trapped at a meter by a double parked truck) or an explanation (e.g.,
medical emergency). the contestant must prove the presentation by a preponderance of the
credible evidence as measured against the incredible evidence, facts judicially noticed, various
presumptions, etc.
Substantial Proof
There is no such thing as a halfway-proved defense or explanation. If the contestant's story
amounts to a defense, the Hearing Examiner must decide whether the evidence is credible and
sufficient. If not, the contestant is "liable" and should forfeit the penalty. On the other hand,
if the Hearing Examiner believes the contestant. and the evidence presented refutes the prima
facie case, the contestant should be found "not liable", If the contestant has an explanation, the
Hearing Examiner must decide in each case whether the contestant has presented sufficient proof
to support the explanation. If not, the defense fails.
NOTE: That a contestant must provide credible and sufficient evidence to rebut a citation is,
to be sure, a rather flexible standard. What will constitute credible and sufficient evidence will
vary according to the circumstances of each case.
The Rules of Evidence
The usual rules of evidence applicable in a court of law are not required in these hearings. As
a practical matter, there is nomally no limitations on the type of evidence that may be accepted,
except possible harmful or offensive material, with the provision that time should not be wasted
on the immaterial. This in no way suggests that the Hearing Examiner should believe everything
submitted or stated. But it is pemissible to consider, or accept for what it is worth, anything
offered, and to subject it to examination in order to assign it a relative weight.
Evidence tending to support a contestant's credible testimony should be received favorably. At
other times, evidentiary requirements are more specific and inflexible; fQC example, if a defense
is that there were no signs at the entrance to a specific parking lot, this can be verified by either
the results of a sign investigation or comprehensive and accurate photographs. The Hearing
Examiner should take care to detemine that any photographic evidence reflects a complete record
of conditions at the time a citation was issued and not subsequent modifications. It should be
recognized that carefully framed photographs can easily be made to exclude important signs or
parking regulation devices.
Official Notice of Common Facts
The Hearing Examiner is pemitted to take official notice of facts commonly known, in the same
manner as is nonnally done by a judge in a court. The kind of facts which may be noticed are
the time and sun rises or sets. the date on which a holiday is observed, etc. This does not mean
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that the Hearing Examiner may assume the existence of a parking sign because the Hearing
Examiner has been to the location and has seen it.
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 his vehicle was "boxed-in" by another vehicle and was then
rendered unable to vacate a meter prior to the expiration of the allotted time). In such cases the
Hearing Examiner must make a decision based on a careful appraisal of the contestant" s
credibility. It should be emphasized that these are unusual situation and nonnally some sort of
documentation or substantiation is available.
7.3.2 Examininl! 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 are
set out above under "Governing Statutes". If a defect is detennined to be fatal, the citation
number must be read onto the taped record and the case dismissed without further testimony.
The Prima Facie Case
The following items should be indicated on a citation in the special boxes provided:
A. The Vehicle Code or Municipal Code Section violated.
B. The approximate time of the violation.
C. The location plate number of the vehicle that committed the violation.
D. The license plate number of the vehicle that committed the violation.
E. The expiration date of the vehicle registration tabs.
F. The last four digits of the vehicle identification number (only if visibly to the issuing
officer).
G. The color of the vehicle (sometimes subjective and not cause for summary dismissal).
NOTE: When a citation which has the tab expiration date and/or vehicle identification number
filled in and a claim is raised by a contestant that the citation was!!.Q1 issued to the contestant's
vehicle, the conflicting tab expiration date and/or vehicle identification number (VIN) indicated
on the citation and on the contestant's vehicle registration may, have some probative value as to
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whether the vehicle cited was actually the contestant's vehicle. This does not affect the prima
facie case, however, only a particular defense.
It should be noted that a claim that some of the infOlmation on a citation is factually incorrect
is not a chaIJenge to the prima facie case, but only a challenge to the correct identity of the
vehicle that was cited. If the contestant 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.
lIIel!i bili t V
Where the handwriting on a 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 Police Department and in almost alJ 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.
7.3.3 Presentation and Evaluation of Contestant's Case
Once the citation has been read into the record, and examined for obvious defects, the contestant
may present his or her case.
The Contestant's Story
Generally, the Hearing Examiner should simply let the contestant tell their story. The Hearing
Examiner must afford the contestant 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 contestant is saying. At times this may not be easy to do, since some
contestants may be disorganized or nervous. The Hearing Examiner should try to make the
contestant feel at ease and assist the contestant, as necessary, to adequately articulate their story.
This must be done without putting words in the contestant's mouth or constructing a defense for
the contestant. When a contestant has difficulty communicating in the English language, the
Hearing Examiner should not conduct the hearing until the services of a translator are secured.
This may require that the hearing be continued until another time.
NOTE: Special arrangements may be required when a contestant's hearing or vision is severely
impaired. In such cases, the Hearing Examiner should ensure these are met prior to conducting
the hearing.
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The Contestant's Witnesses
The contestant 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 contestant 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 contestant's
defense. Such a declaration should begin presented in the fonn of a statement that sets forth only
those facts that are within the personal knowledge of the witness. It should begin "I [name of
witness], declare:" and then state the facts to that person's knowledge in numbered paragraphs.
The declaration should end with these sentences: "I declare, under penalty of perjury under the
laws of the State of California. that the foregoing is true and correct. Executed by [name] on
[date] at [city and state where signed]". The declaration must be signed with the name of the
witness.
If the unavailable witness does not reside in California, the contestant must provide a notarized
affidavit instead of a declaration under penalty of perjury. The Hearing Examiner may accept,
but should accord less weight, to a statement that is made neither under penalty of peIjury or
notarized.
In evaluating such declaration. the Hearing Examiner should bear in mind that a declaration
cannot, of course, be cross-examined and is, therefore, less useful than a witness appearing in
person. Declarations must be carefully scrutinized and should be sufficiently detailed in order
to be a meaningful addition to contestant's defense. The Hearing Examiner should, as always,
be particularly alert to inconsistencies between the supporting testimony and the contestant's
version of events.
Dismissal is not automatic even when corroboration by a witness is presented. The Hearing
Examiner must always weigh the reliability (credibility and accuracy) of both the contestant and
his or her witnesses. Among other things, the Hearing Examiner should consider the existence
of a special interest or bias on the part of the witness, whether such a period of time has passed
from the incident to the making of the written statement as to detract from the ability of the
witness to recollect and testify accurately, and other improbabilities.
Contestant's Documents
The contestant may submit any relevant documents. Each document must be assigned an exhibit
number and be retained as part of the case file. Commonly presented documents include such
items as pictures, repair bills, doctor bills or statements by doctors, letters from witnesses. bills
of lading or delivery receipts, and various official documents.
While a contestant may present any documentary evidence. the Hearing Examiner must attempt
to detennine the authenticity and the amount of credibility to assign to the documents. Many
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documents that may be submitted. such as alleged towing receipts or repair bills, could be
fabricated and many others may really prove not to be gennane to the hearing.
Authenticitv and Materialitv of Documents
Documents purporting to represent an existing fact or legal situation must be authenticated in
some way. While formalities in these hearing are relaxed, the Hearing Examiner should strongly
suspect such subITÙssions as unsworn legal documents, doctor's notes on plain stationery, repair
bills without headings. etc. If the Hearing Examiner doubts a document's authenticity, and
contestant is not able to thoroughly dispel this doubt, the Hearing Examiner should accept it into
evidence but consider its legal weight to have been severely diminished or non-existent.
Sometimes contestants may attempt to use irrelevant documents to substantiate their case. For
example, 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
make sure the document being presented is actually gennane to the case.
Probative Value of Documents
To be assigned any weight when judging a case, a document must prove something or explain
something which is gennane 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
posted on another pole nearby.
Absence of Documents
Sometimes the absence of documentary evidence can in itself be instructive. A contestant, 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 contestant 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 possi ble appeal. For the documents that the contestant must re(ajn, a
complete copy should be made for the official case file of the hearing. If the contestant wishes
to withdraw an item from evidence, that the document may not be subsequently accepted by on
appeal to civil court. If the contestant persist, be certain that the contestant stipulates on the
record the exact items that are being withdrawn and that the contestant is withdrawing the items
of their own volition. As a maner or routine practice. the Hearing Examiner should read into the
record any evidence submitted, or describe any items or objects (such as pictures, charts, photos,
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invoices, etc.). No case should be continued solely because the contestant failed to bring all of
the available documents that the contestant may consider to be pertinent to the hearing.
7.3.4 Conductin!! the Cross Examination
Once the contestant or witness has stated their defense, the Hearing Examiner should begin the
cross-examination. This is the point where skill in examination is critical.
Obiects 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?
The Hearing Examiner must always be conscious of semantics. A witness may say. for example,
that the contestant was "far enough" from the hydrant. What exactly is "far enough?" How
many feet? Did the witness measure it? If so, how did the witness measure it? If the witness
says there was no sign. What exactly does the witness mean by "no sign"? No sign within a few
yards of the car? No sign next to the car? the witness may testify that the contestant's car was
properly behind the sign. How much of the car was behind the sign--half, one-third, three
inches? All vehicles must be fully parked in a legal space.
The Hearing Examiner must question the completeness of a statement. Is the witness telling the
whole story? For example, to challenge a double parking charge a contestant may claim to have
been pushed in front of a fire hydrant. The citation indicates that the car was "0" feet from the
hydrant. Under questioning, the Hearing Examiner probably could detennine that if the vehicle
was actually pushed. it was pushed from about five feet away to "0" feet, and was, therefore,
ilIegally parked in the first place.
The Hearing Examiner must test a witness' memory as well. How well does a witness really
remember? Is the desire to beat the case affecting a witness' memory? For example, does the
witness really remember checking her watch or hearing the time on the radio when the witness
left her apartment three months ago and before seeing a citation which may have made the event
significant?
And. of course, the Hearing Examiner must closely question credibility. Many of the stories
presented may merely stretch the truth or twist it a bit. A half-hour becomes a "few minutes".
three feet becomes fifteen feet, "I usually put in a dime when I park" becomes "I absolutely
remember putting in a dime", etc. But occasionally. a contestant may tell an outright lie. Many
of the best sounding stories may be complete fabrications. The Hearing Examiner must tty to
detennine if the person testifying is, in fact. lying. This may be a difficult decision to make, but
if after cross examination is completed, the Hearing Examiner believes the witness is not telling
the truth, the Hearing Examiner would ignore that testimony in making a final ruling. The
Hearing Examiner should make clear in explaining the rationale for the decision. so that the
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reviewer who did not hear the testimony will understand how someone with a defense that may
sound legitimate was found liable.
Some Su!!:!!:ested Techniaues for Cross-Examinin!!:
Every lawyer develops a technique for cross-examining a witness. It is incumbent upon each
Hearing Examiner to develop an effective technique since it is the Hearing Examiner who must
ultimately rule on the case. Nevertheless. because of the similarity of many of the presentations
a Hearing Examiner will encounter, there are a few suggestions which may prove helpful.
A. Drawing the Witness Out
Probably the best method of cross-examination is making the witness tell the whole
story . Because of the informality of the proceedings, many of the defense and
explanations may be based upon what might be called panial 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 possibly on actual observations, actual times, distances, etc.
Sometimes a different picture will emerge. Thorough questions may sometimes reveal
that a contestant 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 p~ 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 contestant describe the whole story
with a sequence of events and times. Where was the car repaired? When was it
repaired? How did the contestant 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 OCCUlTed. If the contestant was knowingly
operating a defective vehicle, the contestant may be liable if the defect caused the
breakdown.
If the issue is late penalties, the "complete" story may paint a different picture. "I
never received the ticket" may mean that a person with the contestant removed the
citation. Or it may mean that the contestant's daughter, who was actually driving the
car, threw the citation away. Find out if someone else was driving the car. Even so,
the contestant, as registered owner, is still liable for the penalty and any late fees.
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Examine such stories as "I was out-of-town" and therefore, could not respond to the
citation or notice. Quite often it may turn out that the contestant was actually away
for a much shoner period of time than may first appear.
This kind of questioningnfilling out the storYncan often uncover the real story.
Sometimes, the Hearing Examiner will find that an excuse, even if true, is inadequate
for dismissal. Often the responses elicited help to detennine the credibility of a
witness. Sometimes this type of examination will focus on a detail (e.g., actual
measurement). 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 shonened fonn sounded inadequate or not believable.
Rapid Ouestioninl!
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. If the Examiner can get the witness to
concentrate on recalling the event, suddenly he/she may remember exactly where
he/she parked. and what was said and done.
Look for Contradictions
The Hearing Examiner may detect clear contradictions by careful questioning. A truck
driver. "never left the truck". Later, after pursuing a different line of questioning, the
Hearing Examiner asks: "What did the officer say?" "I didn't see the officer, the
citation was there when I returned." comes the answer.
Or perhaps a driver may tell the Hearing Examiner how the officer apologized for
writing the citation. Under further examination, the Hearing Examiner may get the
contestant to recall how "he told me this or that", and then point out to the contestant
the fact that it was a female officer that actually wrote the citation
OuestioniDl!. for its Own Sake
Sometimes, where no obvious line of questioning is evident. the Hearing Examiner can
just get the contestant talking about anything that comes to mind. During such
questioning. the manner in which the contestant answers may help the Hearing .
Examiner detel11line the contestant's veracity.
NOTE: The above are simply examples of examination techniques that may be useful
in eliciting the truth. Hearing Examiners are encouraged to refer to the numerous
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textbooks that have been written on the art of examination to develop the best method
for them to use in the particular situations with which they are faced.
7.3.5 Considering the Results of the Administrative Review
All persons contesting a citation should first receive an Administrative Review of their citation
prior to being scheduled for a hearing with a Hearing Examiner. Even if the Administrative
Review confirms the existence of signs governing the violation or that a meter was functioning
properly at the time the citation was written, it is possible that the contestant may still be able
to establish with independent evidence that circumstances mitigate the charge. It should be
extremely rare that a citation for which an Administrative Review has determined that the
contestant's claim is without merit, is later dismissed in a hearing because of an unsupported
general denial by the contestant. The Hearing Examiner should always be careful to verify that
the Administrative Review was completed for the location listed on the original (not
"contestant's") copy of the citation.
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 contestant'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.
7.3.6 Evidence Regarding Validitv of Late Pavment Penalties
The Hearing Examiner has the power to dismiss late payment penalties which have accrued, but
onlv in the case that the contestant has conclusively demonstrated that he did not have sufficient
notice of the violation and that this lack of notice precluded a timely response. If the contestant
crediblv testifies that he did not see the original citation (perhaps because it was blown away or
removed without the contestant's knowledge). dismissal of the late. payment penalty may be
warranted. But if the contestant does not take appropriate action to payor appeal the citation
within 10 days of receipt of the mailed notice of parking violation, dismissal of the late payment
penalty would not be appropriate. If the citation reflected an incorrect penalty amount, and
money was paid but not enough to close the citation, the possibility of confusion may be
considered as possible justification for waiving a late payment penalty.
The situation is much more complicated when the contestant claims that notices went to the
wrong address after the Department of Motor Vehicles had been notified of a change of address.
Where the contestant adequately demonstrates that a lack of notice under these circumstances
precluded timely paymenl, late penalties may be dismissed, but only when the contestant also
credibly maintains that the original windshield COpy of the citation was not received. It is
incumbent upon the contestant to provide sufficient evidence to establish that the DMV was
notified of a change of address prior to the date that address information was requested by the
City.
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The essential point is that late penalties must not be automatically or routinely dismissed without
sufficient cause. If should also be remembered that a lack of notice that may be sufficient to
support a dismissal of the late payment penalty, does not automatically invalidate the citation
itself.
The Hearing Examiner should be wary of the contestant who claims not to have seen or received
a number of original citations. When such a claim is advanced, the Hearing Exarmner must be
scrupulous in assessing the contestant's credibility and powers of recollection. In most cases,
subsequent mailed notices will render the issue moot if timely action was taken by the contestant.
Again, even if a violation notice was mailed to a "wrong" address, the contestant must prove that
he fulfilled his responsibility by filing a timely change of address with the DMV.
A contestant'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.
7.3.7 Consideration of 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 on the Automated Parking Program is a good source of previous dispositions
and should indicate any prior dismissal. Otherwise. the contestant would have to present
convincing proof that the citation was previously dismissed.
With the exception of prior dismissal, however, a prior decision (by any Hearing Exarmner) 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 subject judgement 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
contestant'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 the
Administrative Hearing Coordinator, decline to re-hear the case.
7.3.8 Consideration of Prior Historv of Violation
A related but more complicated issue is the question of whether, or to what extent, a history or
prior violation 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 citation. cannot be used as a basis to conclude that the contestant is "liable" in
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subsequent hearings, or that because the contestant 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 for the same type of violation may weaken
a contestant'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 contestant who asserts that she was never been on a particular street or
does not even know where it is. (However, such a pattern or prior citations does not "prove"
beyond rebuttal the accuracy of the citation being contested).
A history of prior violations may also be considered when the contestant makes it an issue. If,
for example, the contestant contends that she has never committed a violation before, evidence
of prior citations issued to the contestant's vehicle may be useful in judging the contestant's
credibility.
7.4 Detailed Guidelines for Reachim! a Decision and Evaluatim! the Contestant's Case
7.4.1 Makin!! the 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 detennine whether
the City's prima facie case has been sustained by a preponderance of the evidence, or,
alternatively, has the contestant convinced the Hearing Examiner of a legally sufficient defense
or mitigating explanation?
If the contestant has proven the defense to the Hearing Examiner's satisfaction, the contestant
should be found "not liable" and the citation permanently suspended. If the contestant has not
presented a credible defense. the contestant must be found liable and forfeit the full penalty.
Either the contestant has adequately proven a defense or the defense has failed.
Absent other mitigating circumstances, a contestant found liable must forfeit the full penalty.
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 contestant from being able to make payment in
a timely manner. may the late payment penalty be waived. Late payment penalties have been
discussed in detail in a preceding section of this manual.
A written notification of the Hearing Examiner's decision will be mailed to the contestant. The
mail date of the written decision starts the clock ticking on the contestant's 20 day time limit for
filing an appeal with the civil court.
7.4.2 Rationale for the Findin!!
Each decision should to 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 the traffic
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woes and parking problems of the city. But, where appropriate, especially where the Hearing
Officer has rendered a fining of a liable in a difficult case, the contestant should know the
reasons.
Sometimes a simple mention of the fact that all drivers benefit from turnover at parking spaces
will suffice. Sometimes the Hearing Examiner can mention the difficulties experienced by
emergency services, commuters. or other persons when they cannot move freely through an area
or find a place to park.
To be successful in a hearing, the contestant must, at a minimum, prove that the circumstances
which support a resulting of "not liable" did, in fact, exist at the relevant time of the violation.
The Hearing Examiner must weight the reasonableness of the contestant's behavior, the extent
and nature of the predicament and the gravity of the potential harm from the violation. Where
an initial violation may be excusable, repetition may be inexcusable.
The Hearing Examiner must consider the steps the contestant took to avoid the violation. For
example, a radiator malfunction might excuse a violation that resulted from removing the vehicle
fonn a stream of traffic to place of safety. But a string of such violations over a period of days
or even hours might well not be excusable. In such a situation, the operator of the vehicle must
demonstrate that a reasonable effort was made to repair the malfunction. The reasonableness of
a contestants effort is partially dependent on the gravity of the violation. One would be expected
to go to greater lengths to avoid public-safety type violations, such as blocking a fire hydrant,
a handicapped zone, or parking in a red zone, etc.
7.4.3 Tvnes of Violations
Parking citations may be classified as either a public safety or a non-public safety violation. The
Hearing Examiner's decisions may consider this distinction.
Public Safety Non-Public Safetv
Public Grounds White Cutb
Red Curb Yellow Curb
Outside of Marked Stall Parked Without Valid Pennit Displayed
Parked on a Crosswalk License Plate Missing
Parked on Sidewalk Current License Tab Not Displayed
Double Parking
Parked in Front of Wheelchair Access Ramp
Parked on Wrong Side of Sueet
Disabled Permil/License Plale Not displayed
Parked in Alley
NOTE: Public safety violations are classified as such since they pose a significant hazard to the
general public. Accordingly, a public safety violation should not be dismissed unless it was
precipitated by a bona-fide emergency situation. The circumstances surrounding the emergency
should be such that it would not be reasonable to expect the driver to search for a legal parking
space.
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7.4.4 Contestant Denial of Liabilitv
A. General Denial
Denial that the violation was committed as charged may take various fOnDs. Initially,
a contestant may simply claim that he or she did not commit the violation charged.
The allegation on the citation may be challenged by specific claims such as, "the car
was not in the restricted area when it was cited", "the regulation was not in effect at
the time stated on the citation", etc. A thorough review of the description of the
violation and reference to the general standards of proof required for a valid defense,
will provide a sufficient base from which a determination of liability can be made.
B. Material Error in the Vehicle Identification
If the defense is raised that the vehicle identified on the citation is not the contestant's
vehicle, the following guidelines can be applied:
When the Claim May be Raised
This claim must be raised after receipt of a "Notice of Parking Violation", Possession
of the original citation by the contestant is a vinual negation of this claim.
Proof Required
The onlv acceptable and conclusive piece of evidence is a copy of the vehicle
registration card issued by the Depanment of Motor Vehicles.
The registration document should be carefully reviewed to verify that it was current
on the date the citation was issued. On a claim that the vehicle was sold, proof must
be provided that confirms proper transfer prior to the date of the violation.
C. Material Error in the AlIeeation
The contestant 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 on the
material elements of date. time, and place. If the contestant conclusively proves that
the vehicle was not at the place or date charged, the citation should be dismissed. It
is not imponant to prove where the contestant was on the date of the violation. The
citation was issued to a vehicle, not the contestant
Some flexibility should be maintained in reviewing the address on a citation (e.g..
location is given as 200 N. Main, and contestant claims he was in front of 226) or
obvious inversions of the date and time (e.g., "21/10/92" as the date or the insenion
of "2 P.M." in the date space and "12/3/92" as the time). This kind of error must not,
without other proof, negate the violation. Minor and subjective differences in vehicle
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description (such as color) and variations on make (such as Ford or Mustang) should
be overlooked as immaterial.
Finally, reference to an incorrect section number of the Vehicle Code may be
overlooked as long as the citation properlv defines the infraction in words or
understandable abbreviations.
D. Time of Observation Versus Time of Writinl!
The relevant time for any allegation of parking violation is the time the infraction is
observed. not when the notice is actually written. If a contestant proves that a citation
was written before the prohibition came into effect, such as a time of 3:55 PM written
on a citation for "No Stopping/Standing 4:00 PM 6:00 PM", 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 AM 9:30 AM" written at 9:25 AM) and notes this time
on the citation, however, does not complete and affix the citation to the vehicle until
after the prohibition has expired, the citation is technically sound. It is not a valid
defense to assen that the citation was actually completed and placed on a vehicle after
a parking restriction had elapsed.
E. Challenl!e to Issuinl! Officer's Judl!ement
A contestant may claim that the officer was mistaken in judgement that the vehicle
was parked illegally. The Hearing Examiner should examine the elements of the
offense followed by examination of the contestant's proo~. If, after such examination
and the contestant has proven by sufficient credible evidence that the officer's
judgement was incorrect, the citation may be dismissed.
F. Missinl! Sil!:ns
The California Vehicle Code provides guidance on signs posted to announce parking
restrictions. If a contestant claims missing signs as the defense, the specific location
of the citation must be investigated. This should be completed as pan of the
Administrative Review. If it is proved that there was no sign anywhere within the
block in question, a citation may be dismissed.
To assen the missing sign defense successfully, a contestant must. by proof, eliminate
the possibility of a sign anywhere in the parking area or block. Proof that a bare pole
existed or that there was no sign in pan of the block, is .!!.Q1 adequate proof to
substantiate this defense.
All presented evidence, photos, statements, etc., should indicate clearly the location
referred to. The citation will indicate where the car was parked. To give perspective,
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photos may be "linked" to give a complete picture of the location. Photographs which
show the parking area should be examined closely to detennine whether signs may
hâve been hidden behind trees, canopies, etc.
G. Obscured Si!!ns
An obscure sign is not a defense unless the contestant can prove; (1) that the sign was
so obscured that no one could read it from any angle and; (2) that there was no other
sign on the block which indicated the restriction. The fact that a sign is partially
covered by a barrier or hidden from certain angles by a tree or canopy is irrelevant.
All motorists have a duty to see and obey all signs posted.
H. Defaced Si!!ns
To successfully maintain a defense of a defaced sign, the contestant must prove two
things: (I) that the sign was so defaced that it could not be read; and (2) that there
was no other sign in the area indicating the same restriction. If both are not proven,
the defense should not be sustained. The contestant should be questioned carefully
about his familiarity with the area, how often he has been there, as well as about his
knowledge of the removal or defacement of the sign.
I. Preferential Parkin!! District Violations
A special pennit is required for vehicles parked in an area established as a special
parking district. Signs are posted which give notice of the district. Preferential
parking pennits are not valid in all districts. Pennit holders are required to abide by
the parking regulations adopted by the district and display their pennit prominently.
The Hearing Examiner will be provided the rule~ and regulations adopted for each
district upon request, by the Administrative Hearing Clerk. A pennit violation will not
be dismissed because the pennit holder did not know her pennit was invalid in the
area where she was cited.
Non-display or improper display of a special parking pennit is a violation of district
regulations and multiple citations for this violation should not be dismissed.
Visitors who display temporary pennits are required to follow district regulations and
prominently display the temporary placard.
An assertion that contestant did not know they were parking in a special parking
district or that they were required to display a parking pennit is not grounds for
dismissal.
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7.4.5 Contestant Admits Liability with Explanation
A. Potentially Acceptable Explanations for Violation
There are certain explanations which, if proyen, and under certain circumstances, may
be the basis for a dismissal.
Vehicle Breakdowns
If a vehicle suffers technical breakdown and reasonable efforts are made to have the
vehicle removed from the street, a citation for illegal parking while the car was
incapacitated may be dismissed.
To maintain the claim of "mechanical breakdown", four elements must be proven:
1. The contestant must show proof that the breakdown actually occurred.
2. The contestant must prove that the vehicle was not illegally parked before the
breakdown occurred.
3. The violation must have resulted from the breakdown.
4. Reasonable efforts must have been taken to remove the vehicle from the situation
that caused the violation.
NOTE: If the Hearing Examiner is convinced that four elements of the claim have
been sustained by a preponderance of evidence, the Hearing Examiner may find the
contestant "not liable", If contestant's proof on any of the first three elements fails,
the Hearing Examiner should sustain the citation and find the contestant "liable".
Medical Emergencies
If a vehicle is illegally parked due to a bona fide life threatening medical emergency,
and reasonable efforts are made to move the vehicle as soon as possible, a citation for
illegal parking may be dismissed.
To maintain the claim of "medical emergency", four elements must be proven:
1. The contestant must show proof that a life threatening medical emergency existed
at the time the vehicle was cited.
2. The contestant must prove that the vehicle was not illegally parked before the
emergency occurred.
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3. The violation must have resulted from the medical emergency and occurred due
to a need to respond to the medical emergency.
4, Reasonable efforts must have been taken to remove the vehicle from the situation
that caused the violation as soon as possible,
NOTE: If the Hearing Examiner is convinced that four elements of the claim have
been sustained by a preponderance of evidence, the Hearing Examiner may find the
contestant "not liable". If contestant's proof on any of the first three elements fails,
the Hearing Examiner should sustain the citation and find the contestant "liable".
B. Unacceptable Defenses or Explanations
The parking laws were promulgated and penalty schedules set to discourage illegal
parking by those people who have no reason to violate the laws and also by those who
do have a reason. The problem of illegal parking in the City of Chula Vista is
fundamentally the result of an accumulation of normal, human reasons or
misunderstandings. A large number of illegal parkers firmly believe that they had a
valid reason for ignoring the law or that their special circumstances should be reason
enough to dismiss a parking violation.
This, however, does not address the parking problem, It is precisely because so many
people believe they should not be subject to parking laws or that laws are of so little
consequence that they can be ignored, that parking problems continue and grow.
A decision was made that, for the welfare of the community as a whole, the practice
of allowing individuals to park where they wish, when they wish, and for whatever
reason they may have, should be abridged. It falls to the Hearing Examiner to see to
it that this policy is carried out.
The Hearing Examiner must maintain a proper perspective in the hearings. The
Examiner is facing, in a large number of cases, those who ask to be excepted from the
law. The Hearing Examiner must be mindful of the majority of citizens who
acknowledge their responsibility and pay their penalties, They too had personal
reasons to park illegally. However, they accepted the consequences of their actions
and chose to pay the scheduled penalty, They must not be discriminated against in
favor of those who believe that, by articulating their plight in person, they will be
granted exception.
The excuses outlined in this section should never form the Drimary basis for dismissal,
Acceptable excuses and defenses should be limited to those outlined above and others
which the Hearing Examiner determines are bona-fide and legally sufficient. This list
of unacceptable excuses or defenses should not be viewed as comprehensive but are
set forth only as examples.
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"Financial Hardship"
In a few cases, a contestant may claim and even prove that forfeiture of the penalty
on a citation would be a great financial hardship. In fairness to the public at large,
financial hardship can not be used as the basis for a finding of not liable or a reduction
of the late payment penalty. To rule otherwise would encourage individuals to flout
the regulations and encourage others to claim poverty, Under the law, all motorists,
regardless on income or station in life, have the same responsibilities. Arrangements
can always be made with the Finance Department to make partial payments on a
citation.
"Running Out of Gas"
This excuse should be rejected outright. It is the responsibility of all vehicle operators
to insure that their vehicles are operated in a safe manner which includes not running
out of gas,
"Making Change"
The law requires the activation of a parking meter within the time required to park,
deposit the necessary coins, and activate the meter. The driver must consider this
before deciding to park. While searching for change, the contestant is, in effect, on
a short errand, and a citation may be properly issued.
"Going to the Bathroom"
This is never an adequate excuse for illegal parking.
"Short Errands"
No errand, no matter how short, or how important to the contestant, short of a
bona-fide medical emergency (not headache, cramps, etc,) is an acceptable excuse for
illegal parking.
"DoctorlDentist Appointment"/"Late for Class"
The owner of a motor vehicle should plan to arrive on time for a dentist or doctor
appointment, or to a class without parking illegally.
"Business or Personal Appointment"
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,
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"Car Used for Government Business"
Some public employees are authorized to use their personal vehicles for government
business. If the contestant is a government employee and claims an actual business
use of the vehicle and therefore requests consideration under regulations concerning
government vehicles, the contestant must present a letter signed by the Manager of his
or her Department, on Department letterhead, so stating.
"I Haye a Valid Placard"
Many people believe that because a special placard has been issued to them, they are
automatically granted special privileges. Special parking privileges for certain groups
such as disabled persons, is always contingent upon the prominent display of the
qualifying placard or plate. A citation is valid when there is no proof that the
qualifying placard was displayed at the time of the violation, even if the person
qualifies for the special privileges.
"The Permit Was in the Car. The Officer Should Have Seen It."
Special permits must be placed in the area specified on the permit. Any other place
is not acceptable.
"No Place Else to Park"/"The Lot Was Full"
Rather than being a valid excuse, this merely confirms the contestant's liability, This
excuse implies that if a person can't comply with a parking law, he or she has the
right to violate it. This, of course, is not the cas~, It is every driver's responsibility
to comply with laws and regulations.
"I Didn't See the Sign"
A driver is required to look for signs when parking, even if it means checking an
entire block from comer to comer. Drivers are required to notice signs as they drive,
The fact that a person did not see a sign prohibiting parking is not an acceptable
excuse.
"I Didn't Understand the Sign
Absent genuine confusion caused by conflicting signs, this is no excuse. One is
required to read and understand signs to qualify for a license to drive,
"The Sign was Obscured"
The sign should be so obscured that no one can read it from any angle for this defense
to have merit.
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"I Am Doing A Service For the City"
Many vendors believe that they should not have to pay to park because they may be
doing a service for the City. This may be true, however, because they are being
compensated for the service, this excuse also has little merit.
"I Had Permission"
A police officer may, in the performance of his duties, order a person to pull over to
the curb, pass through a red light, etc., however, nobody, including a police officer,
parking enforcement officer, or any other employee of the City, has the authority to
grant permission to park illegally.
"Only Part of My Car Was Illegally Parked"
A violation is not based on a certain percentage of a vehicle being illegally parked,
If part of the vehicle extends into a restricted area, the violation is the same as if the
entire vehicle did.
"I Left Someone In The Car"
"I Left My Parking Lights On or Blinking"
"I Left a Note in The Car As To My Whereabouts"
"The Motor Was Running"
Many contestants seem to think that evidence of a short stay mitigates the offense. It
does not. The purpose of parking regulations is to regulate the occupation of certain
areas by motor vehicles not in motion. The presence of a passenger, a note or blinking
lights does not satisfy this purpose and, therefore, does not constitute valid reason to
dismiss a violation. Blinking hazard lights certainly do not transform an ordinary
vehicle into a bona-fide emergency vehicle.
"It Was Only a Few Minutes"
This explanation is one of the most common claims. "A few minutes" is a subjective
term which can mean, and has, up to a few hours. Parking for illl.Y length of time,
when prohibited, is illegal hence this excuse is unacceptable. Parking laws would not
be effective if people were allowed to park illegally under their individual definition
of a "few minutes".
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"Nobody Else Got a Ticket"
Sometimes this defense is phrased as "discriminatory enforcement." Occasionally it is
true that an officer may not or did not cite an entire area, Vehicles mayor may not
have been parked illegally. The officer may have had to leave the area before
checking all vehicles.
It doesn't matter. A citation stands on its own, The only issue in a hearing is whether
the contestant was properly cited for the particular violation, Therefore, if the
contestant was the only person in the area cited, the issue is, was there a violation of
the law? If so, the claim that he was the only one cited is without merit as a defense
and as an explanation for mitigation.
"Rushing Out With Second Coin In Hand"
It is illegal to "feed meters". The time restrictions applicable for an area means a
vehicle may park for that amount of time 0nly , and then it must be moved,
This defense is to be rejected.
"The Whole Block Was Illegally Parked"
This excuse is usually more a case of individual carelessness than customary, Custom,
or the fact that others are committing the same violation, should be rejected as a valid
defense.
"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 that vehicle, A vehicle
borrowed and parked illegally by a relative, friend, or by a garage attendant, etc" still
remains the legal responsibility of the registered owner,
The owner is responsible for all citations and for all penalties incurred due to an
operator's lateness or failure to respond.
"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 based on the premise that an officer's inaction
somehow implies granting an exemption, When this excuse is offered in good faith,
it is very important to explain that the officer who saw them park and with whom they
spoke, may not have written the citation, and that in no way implies that they are
exempted from the parking regulation, or preclude the possibility that another officer
may come by and issue a citation. This excuse is to be rejected.
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"The Officer Told Me"
Many people think that an officer may grant illegal parking. This is not true.
"The Officer Apologized But Wrote the Citation"
Such a statement indicates that the officer was polite or may not have wanted to argue
about the violation. It is easier for the officer to let the contestant vent his or her
anger on the Hearing Examiner. This excuse should be rejected.
If the Officer truly believed that an error was made, the officer may recommend to a
supervisor that the citation be dismissed.
"This Violation Has Not Been Enforced in the Past"
Officers may not enforce.!ill parking laws for a variety of reasons. Neglect, inadequate
staffing, other higher priorities, etc., may give rise to long-term, widespread violations
in certain parts of the City. Apparent failure to enforce parking laws, whether
temporary or long term does not constitute a valid defense for a citation,
"I've Done It for Years"
"Everybody Does It"
These are never valid defenses or adequate mitigation for any violation of the parking
laws. Nobody is to be rewarded for "getting away" with prior violations.
Diplomatic Immunity
According to the United States Department of State, Consul Generals are exempt from
the laws of a local jurisdiction only with respect to criminal acts performed in the
exercise of consular functions. Since parking citations are civil offenses, this defense
is no longer applicable.
7.4.6 Contestant Appeals for Leniency
Occasionally, when all else fails, a contestant may present an appeal for leniency, The following
are some common examples. None of these have sufficient legal weight to dismiss a violation.
"Out of Town Driver"/Do Not Read Enl!lish"
Signs are printed in simple language. An out of town driver who makes incorrect assumptions
causes the same danger and inconvenience as any local driver who ignores the same regulation,
A driver from out of town is required to obey all parking laws as a condition of being granted
the privilege of operating a vehicle on all streets.
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The same reasoning applies to one who claims to not understand or read English. The ability
to understand and abide by signs regulating the operation of motor vehicles is a condition for
being granted a license to drive.
"New to the City"
New residents have the same responsibilities as anyone else, They are required to familiarize
themselves with and abide by all parking regulations.
"The Penalty is Too Hil!h"
Penalties are set by the City or State and apply to all motorists equally, Penalties may not be
reduced in the absence of a legally proper reason.
"Towed Vehicles"
When a vehicle is towed, the towing and any storage fees which must be paid is not under the
Hearing Examiner's jurisdiction. Towing fees are set by the City Council. When a citation is
reviewed, only the late payment penalty for the parking violation is subject to consideration.
The Hearing Examiner's standards for judging the validity of each case where a vehicle was
towed should not vary from other cases.
NOTE: The above are some examples of cases we anticipate in our hearing rooms and are
meant only as suggestions. The Hearing Examiner must decide individual cases on their merits.
7.5 Detailed Guidelines for Calculation and Assessment of Penalties and Late Fees
7.5.1 Penalty Amounts
The Hearing Examiner does not have the power to adjust the amount of a penalty for a violation,
Penalty amounts are set by the Municipal Code or California Vehicle Code, The fact 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 penalty amounts
to achieve "uniformity",
Likewise, parking enforcement personnel do not have the power to issue a citation for a different
penalty amount writing in an amount on the citation, In such cases the violator must be charged
the penalty amount authorized the City at the time the citation was issued, However, if the
citation reflected an incorrect parking penalty amount, the possibility that the contestant was
confused should be given considerable weight when reviewing the appropriateness of suspending
a late payment penalty.
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7.5.2 Late Penalties
Computation of Late Penalties
Late penalties are assessed based on the number of days which have elapsed since the mailing
date of the notice of parking violation. The penalty is the amount defined in the Municipal Code,
based on the number of days the penalty is delinquent.
Potential Defenses for a Late Payment
Non-Receipt of Notice
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 penalty only after receipt of the notice, but it should never be
accepted as a defense to a late response to the notice of parking violation, which must
stand on its own.
When a contestant claims non-receipt of a citation, the contestant 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 face,
"Non-receipt" may also means that the registered owner didn't physically receive the
citation from the operator of the vehicle. This is not a valid defense, since the
contestant 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 fonhe 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 the it can be demonstrated
that the required notice of parking violation was not sent to the address on file at the
DMV for the registered owner.
Timely response to a notice of parking violation can be some evidence of good faith,
although it does not change the rules regarding the oDerator's receipt and failure to
respond to the citation.
Unacceptable Defenses for Beim! Late
Inconvenience or "Inability"
A contestant may claim that it was inconvenient or that he was unable to pay the
penalty on time. Such a claim. due to minor sickness, absence from the area, etc., is
not acceptable mitigation if the citation was placed on the car or mailed. Since a
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contestant may answer by mail, there is little excuse for failure to respond on time,
The contestant is liable for the late payment fee regardless of the excuse,
This also applies to the contestant that claims a lack of funds, since a lack of funds
does not preclude responding in a timely manner, It should be remembered that
anyone who can afford to get a citation must be held responsible for either answering
or paying it on time.
Lost Notices of Parkin!! Violation
A lost citation is not sufficient to mitigate a late payment penalty since it indicates
negligence by the contestant.
Unseen Notices of Parkin!! Violation
As stated above, the failure of the operator (e.g. a person, garage) to give the citation
to the registered owner is not sufficient mitigation for liability for a late payment
penalty.
Unaware of Additional Fees
A statement that the contestant didn't realize the violation amount would increase
because of a response after the due date may not be accepted for any reduction of the
amount due. The notice of delinquent parking violation gives adequate notice that the
fine may increase due to a late response.
Late Payment Penaltv for a Dismissed Citation
When a citation is dismissed or the contestant is found not liable, no late penalty shall be
imposed, regardless of the fact that there may have been lateness in the contestants response,
Notice of Parkin!! Violation after Penalty Paid
Infrequently, someone may receive a notice of parking violation after the original penalty amount
has been paid. Usually, this results from the payment and the computer-applied late penalties
crossing paths due to the time delay in mailing a payment. Sometimes, the contestant may not
have paid the full scheduled penalty, including late fees. The contestant is still liable for late
penalties in either case.
Proof of Payment
The best proof of payment is, of course, a canceled check, money order, or a cashier's receipt,
all of which should contain the number of the citation claimed to have been paid.
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7.6 Soecial Situations
7.6.1 The Represented Contestant
An appearance may be made for the registered owner of the vehicle that was cited by a
representative or agent. 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.
The oath should be administered to the representative or agent in the same manner as it would
be administered to the registered owner.
7.6.2 The Unrulv Contestant
Occasionally, a contestant will become unruly during and/or after a hearing. This can be often
be precluded by fair and courteous treatment and by a rational explanation of the decision.
Contestants should have been apprised of their right to an appeal in civil court prior to the
commencement of the hearing. Should a contestant become abusive, the Hearing Examiner can
cal'l a police officer to escort the contestant from the room.
A Hearing Examiner is not required to tolerate personal abuse as part of the position, Ifa
contestant 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 him hearing. If a hearing must be
terminated because of a contestant'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 objectional behavior) and include an explanation of the
resulting action on the decision form.
Again, it should be emphasized that everything, from the moment the contestant enters the
hearing room until the conclusion of the hearing, .!lliW. be recorded on tape, If the Hearing
Examiner suspects that a problem will develop, the proceedings should continue to be recorded
until the contestant has left the hearing room. It should be noted that premature termination of
a hearing is a radical step and should be avoided in all but the most flagrant cases of misconduct.
7.6.3 The Indi!!ent Contestant
Vehicle Code Section 40200.7 requires that a request for an Administrative Hearing be preceded
by a deposit of the full amount of the parking penalty, An indigent contestant may request a
waiver of this required deposit by filing a "Request for Waiver of Administrative Hearing Penalty
Deposit" (Form 1) and submitting a written declaration of financial condition. The request for
waiver will be considered by the Administrative Hearing Coordinator prior to scheduling the case
for a hearing.
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If the waiver is granted, the case will be set for hearing and the contestant notified. If the
contestant is found not liable, no further action is necessary, If, however, the contestant is found
liable, payment arrangements must be made with the Finance Department within five (5) days
from the date of the hearing.
If the request for waiver is denied, the contestant will be notified,
7.6.4 Grantinl! Continuances
Pre-Hearinl! Continuances
After the required speech reminding contestants of their right to present evidence, and under
appropriate circumstances, a continuance may be granted to those requesting one for the first
time. Hearing Examiners should not engage in a "pre-hearing" to decide this. If there is doubt,
grant the continuance. Relevant consideration are:
· The reasons(s) the contestant cannot produce evidence or otherwise adequately state
a case at the time of the hearing.
· The likelihood that a continuance will result in the production of significant relevant
evidence.
· The sincerity and credibility of the contestant.
Continuance for Further Evidence after Hearinl! Commences
These are virtually never to be granted. Only in the case that the contestant convinces the
Hearing Examiner that; (a) there exists evidence which would, be non-cumulative and exculpatory
and; (b) that the contestant was genuinely taken by surprise, should a continuance be granted.
This last requirement rules out all contestants except those whom you determine genuinely
misunderstood the nature of the hearing, or if they understood, were not then aware of 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 !!.Q1 to be given to anyone who should have understood the opening instruction
. 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 mailed to the contestant and the
opening instruction for the hearing are adequate prior notice.
Other Continuances
Should the contestant or a witness become ill during a hearing or there is another emergency
delay during the hearing, a continuance may be granted.
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Procedure for Recordiß!! Continuances
Continuances should be granted for no more than 30 calendar days, unless the contestant can
prove that he or she will be out of town, hospitalized or otherwise unable to appear. The matter
should be logged and the continuance notation written on Form G-I. 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 information and give one copy
to the contestant.
When granting a continuance, contestants should be wamed that failure to appear on the
continued date will result in the assessment of late penalties and a judgement rendered by default
for the full amount of the penalty.
If the contestant does not return as scheduled, the Hearing Examiner shall complete a Hearing
Disposition (Form G-I) indicating a default decision and enter the judgement of "liable". A copy
of this form, with comments, will be retained with the record of the hearing and given to the
Hearing Clerk who will ensure that the completed Form G-l is mailed to the contestant's address.
7.7 SPECIAL CLASSES OF VEHICLES AND UNIQUE CIRCUMSTANCES
7.7.1 Commercial Vehicles: Requirements and Privile!!es
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, 2B 12345, An exception is when commercial vehicles are issued personalized plates.
If this is the case, it will be indicated on the vehicle registration. Commercial vehicles registered
out of state are also subject to the special conditions listed below.
Commercial vehicles are totally or partially exempt from certain rules or types of violations, The
following are several CVMC sections which allow special treatment of commercial vehicles,
Other relevant CVMC sections will be provided in the case file as applicable,
Commercial vehicles are allowed to park twenty (20) minutes while actively
loading or unloading in all posted loading zones (yellow curbs), CVMC
1O.60.030,A.2
Commercial vehicles actively loading or unloading are allowed to be parked in
an alley way. CVMC 10.52.160
Commercial vehicles may park in residential areas for a maximum of five (5)
hours and only while actively loading or unloading property, A commercial
vehicle may also park in a residential parking district while actively engaged
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in loading, unloading, or when parked in connection with the performance of
a service to property located in the block where the vehicle is parked. CVMC
10.52.090
11 should be emphasized that commercial vehicles are subject to all other rules and regulations
whether or not they are loading or unloading. 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
an effective defense for a double parking citation.
When a commercial vehicle is cited for exceeding the allowable time in a time restrained zone,
the officer who wrote the citation must indicate the time the vehicle was observed and the time
the vehicle was 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. Especially if the license plates
are personalized or issued by another jurisdiction. In this case, the contestant must provide a
valid DMV commercial registration card. The vehicle then should be considered a commercial
vehicle for the purpose of the hearing.
A contestant may try to appeal to a Hearing Examiner's sympathy by arguing that certain parking
practices are essential to the conduct of his business, thus necessary for his livelihood. Ifa
practice is illegal, the Hearing Examiner must not create a special, exemption because of a desire
to alleviate the contestant's hardship. It would be improper to dismiss a validly issued citation
based on such a reason. A Hearing Examiner does n"ot have the authority to effect such a policy
change,
A problem which sometimes arises is when the contestant claims that, although two times are
listed which are over 30 minutes apart for a Loading Zone violation, he had, within that time,
moved the vehicle, returned, and, therefore, had not exceeded the allowable time limit for the
particular zone. The burden is on the contestant 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 discretion, keeping in mind that the purpose of time restrictions is to encourage turnover,
11 should be noted that no one "owns" "their" loading zone, A loading zone may be established
at the request of a certain business and may be located immediately adjacent to that business,
however, no one is entitled to exclusive or unique parking privileges, Loading zones are
established for the use of all qualified commercial vehicles,
7.7.2 Government Vehicles: Identification and Privilel!es
Government vehicles are defined as those owned or leased by the United States Government, the
State of California, or any city, county, or other political subdivision within the State. These
vehicles are generally identified by a distinctive Government or "E" plate. The vehicles may also
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display government seals or other special markings. Leased or rented government vehicles ~
display an official government vehicle placard.
Generally, all emergency vehicles are exempt from all parking regulations, only while actively
engaged in emergency work. This includes police, fire, and public and private ambulance
vehicles.
Employees, driving private vehicles with official placards on official business are required to pay
to park when necessary and must park legally.
7.7.3 Parkin!! Enforcement Vehicles: Identification and Privile!!es
Vehicles registered to the Parking Enforcement Unit are exempt from many parking regulations.
They may park in special permit areas but are not exempt from no stopping, fIre access, or
disabled zone restrictions,
7.7.4 Disabled Parkin!!: Requirements and Priyile!!es
Following is a summary of rights and responsibilities of disabled drivers, as well as potential
problems associated with disabled parking.
Requirement To Obtain California Disabled Plate And/Or Placard
The Department of Motor Vehicles requires an applicant for a disabled plate or placard to submit
a certificate signed by a physician, chiropractor, ophthalmologist, optometrist, or surgeon stating
the disability. Loss of limbs or any other limiting disability which can easily be observed if the
disabled person applies in person at the Depârtment of Motor Vehicles does not require a
doctor's certificate.
Description
The placard's size and color are determined by the DMV, Permanent placards are renewed
bi-annually, with an expiration date of June 30th, during odd numbered years. Temporary
placards have an exact expiration date (month- day-year). Placards have no grace period,
The dimensions of the present permanent disabled placard is 5" x 8", The placard is made of
plastic and is red with white printing and border. The dimensions of the present temporary
disabled placard is 6" x 12". The placard is made of thick construction paper and is blue with
black printing and border. The temporary placard states, "Temporary Parking Placard."
Photocovies of either olacard are not valid; therefore, they are not acceotable.
A disabled license plate is identified by the letters "DP" or "DV" appearing before the numbers
on the plate, ("DP" = Disabled Person, "DV" = Disabled Veteran.)
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Environmental or 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 the State of 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, 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 used by the
disabled person. 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.
Issuance
The Department of Motor Vehicles tries to assure the issuance of one placard per person. The
lone exception is those organizations and agencies responsible for the transportation of disabled
persons who may have a placard for each vehicle designated for the purpose of transporting
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, 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.
Parkin!! Priyile!!es
Disabled persons or disabled 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
NOTE: Only the disabled person to whom the 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 and properly displaying the plate or placard would constitute a valid defense
for the exempted violations. Without such proof, the citation may not be dismissed,
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Vehicles displaving disabled license olates or placards issued by iurisdictions outside of the State
of California are allowed the same parking privileges as disabled persons or disabled veterans
of the State of California. These individuals are also subiect to the same requirements of oroof
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 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 contestant, in conjunction with
the surrounding circumstances, warrants dismissal of the citation,
These vehicles are not exempt from disabled person ramp violations, The ramp is designed for
access to all persons requiring its use. Any vehicle parked in front of a disabled person ramp
denies access of the ramp to others and should be cited.
7.7.5 Seized and Booted Vehicles
Vehicle Code Sections 22651(i) and 22651.7 allow the City to seize or immobilize (boot) any
vehicle that has been issued five (5) or more parking citations over a period of five (5) or more
days and have not been resolved by the responsible party. Partially paid citations are included
in determining whether a vehicle is eligible for seizure. Citations issued to vehicles with an
out-of-state registration count toward eligibility for seizure 30 days after the issue date Citations
issued to vehicles with a California registration count toward eligibility 50 days after issuance.
Tow and Stora2!e Fees
The owner of a vehicle which has been impounded for unpaid parking citations will incur towing
and storage fees, These fees are set and collected by the contract towing service used by the City
Police Department to tow the vehicle. If the vehicle is not immediately reclaimed, storage fees
per day for storage will be added.
Hearin2!s on Seized Vehicles
There are a few options available to an individual whose vehicle has been seized and who would
like to contest the validity of the parking citations:
. He or she may decide to pay all of the citations owed and schedule a hearing in the
future for those citations he or she wishes to contest. The vehicle will be released
after the penalties are paid and the contestant given the opportunity to challenge the
validity of citations at a scheduled hearing. The contestant will be entitled to a refund
of the penalty 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,
these fees will not be refunded even if any or all of the citations are dismissed.
r:\home\wpc'~IDance'9arldDg.maD (Rev. 2{JA!94 [Thu1) /p~55 Page 48
CITY OF CHULA VISTA ADMINISTRATIVE
ADJUDICATION OF PARKING CITATIONS MANUAL
. A contestant 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.
Release of Seized Vehicles
No vehicle will be released once seized, until .ill! outstanding citations charged to the seized
vehicle, and any other vehicle registered to the registered owner of the seized vehicle, have been
resolved by payment or administrative adjudication. If the vehicle is towed to a contract towing
service garage, it will only be released when the responsible party presents a release form
indicating that all outstanding citations have been resolved, and pays any fees charged by the
garage.
7.7.6 Rental and Leased Vehicles
An individual who leases or rents a vehicle is iointlv 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.
When a citation has not been paid or contested within 21 days, the processing agency mails a
"Notice of Parking Violation" to the registered owner of the vehicle as identified by the
Department of Motor Vehicles. The lease or rental company owning the vehicle has 30 days (as
mandated by the California Vehicle Code) to provide the name, address and driver's license
number of the person to whom the vehicle was leased or rented. If this information is supplied
within the 30 day time limit, liability is transferred to the lessee or renter and a second/substitute
notice of parking violation is mailed. If the 30 day time limit is not met, there is no statutory
authority to transfer liability; liability remains with the lease, or rental company,
When the contestant claims he or she was identified by a lease or rental company in error and
was not operating the vehicle when it was cited, the contestant should be directed to contact the
lease or rental company to resolve the dispute. The Hearing Examiner should not make a
iudgement on liability in this case. Instead, a notation of what transpired is made on the
disposition form and filed.
The hearing process operates in the same manner as for vehicles that have not been leased or
rented, The exception is when the contestant denies leasing or renting the vehicle when it was
cited, A person leasing a vehicle, like a registered owner, is responsible for the vehicle and all
citations issued to it, no matter who was actually driving.
8. APPEALS TO CIVIL COURT
The decision of the Hearing Examiner is final for the administrative adjudication process, The
contestant does, however, have the right to judicial review. This appeal is allowed to determine
if the contestant's rights were prejudiced by a decision unsupported by evidence; which was
arbitrary or capricious; an abuse of discretion; or otherwise not in accordance with law.
r:'W>me\wpc\Sinance'{lart.ing.man (Rev. 2nA194 [Thu ) /(J-ß Page 49
----_._._--_._--,~------_._--~--------,._._---,.._--~
CITY OF CHULA VISTA ADMINISTRATIVE
ADJUDICATION OF PARKING CITATIONS MANUAL
To exercise this right, an appeal must be filed in the South Bay Municipal Court Civil Division
within 20 days from the mailing date of the Hearing Examiner's decision. The court charges a
$25 filing fee to process an appeal. If the $25 fee is paid in cash, the case may be set within 30
days, but if the fee is paid by check the case will be set within 60 days.
Once the appeal is filed a copy of the "Notice of Motion For Parking Appeal" shall be served
in person by the contestant or by first class mail upon the City. The Civil Division will forward
a copy of the notice to the City. Upon receipt of the notice, the City will provide the Civil
Division with a copy of the case file, which will enable the Commissioner to set the date on the
court trial calendar,
If the decision is overturned, the $25 filing fee is retained by the court, but the City must return
the deposited parking penalty and $25 filing fee to the contestant. The City's case file will be
returned to the City upon completion of the parking appeal proceedings.
NOTE: A Hearing Examiner should never speculate on the prospects for the success of an
appeal and should never attempt to dissuade a contestant from exercising their right of appeal.
C:\home\wpc\flnaoce\parking.man (Rev. 2/24/94 rThuJ) /~/5'? Page 50
CITY OF CHULA VISTA ADMINISTRATIVE
ADJUDICATION OF PARKING CITATIONS MANUAL
9. APPENDIX OF FORMS
FORM FORM NAME
A CITATION
B NOTICE OF DELINQUENT PARKING CITATION
C-l REQUEST FOR DISMISSAL
C-2 INFORMATION SHEET ON THE ADMINISTRATIVE REVIEW
D NOTIFICATION OF ADMINISTRATIVE REVIEW (DISMISSAL)
E NOTIFICATION OF ADMINISTRATIVE REVIEW (DENIAL)
F NOTIFICATION OF ADMINISTRATIVE HEARING DATE
G-l HEARING DETERMINATION AND FINDINGS FORM
G-2 STATEMENT OF RIGHTS AND RESPONSIBILITY
H NOTIFICATION OF HEARING EXAMINER'S DECISION
I COURT NOTICE OF DECISION FROM DENOVO TRIAL
J REQUEST FOR WAIVER OF ADMINISTRATIVE HEARING PENALTY DEPOSIT
K WRITTEN DECLARATION
L NOTICE OF MOTION FOR PARKING APPEAL
£:\bome\wpc\linance\parking.man (Rev. 2n.4194 {Thu ) /p~SG Page 51
. n ,_ _____u__ ,-----.---- -.-......-..--....-......
FORM - A
CITY OF CHULA VISTA ....PORTANT-PL.EASE MAD CAREFUlLV
P 12 4 7 7 3 PARKING VIOLATION NOTICE .-
TO PAY YOUR PARKING PENALTY:
YO~ MAv PAY BY M""~ sv S::I\O,~G T..,r: ø::¡:,; E;; : '-:. ", ~ C'~
"'" "'" STA" P~N';~"'V1f; C'"iEC" 0.. ....O'~Ev OI:lDEF P,l.·A,8,-£ '':', -;~( ':'"'"'
Of :::",~,_ . 'v'S";A
uœN$E NO,tylN .... 001\10":' SEND CASH. E"'(.~QSE -HE ~A:::t¡';'I'';(, \·,C.:..t..-\........
Nr-TCe: '/,;-:..... v0~'" ro':"'y'.':'N"" 1>',;: I...'S~ ~-r E', ~_~~::
MAKE MODE' COo.OA F:P:('~ .:-::n w;;:'-::: ,.,!:. C'TATIO', t~·_",·f'E;:. :". ~'_'- _....~:'''' (,<0
M~.E· O¡:;c.~;"¡
LOCATION
MAIL TO PltRKINü CITATION PROCESSING CENTE!'
METER. lAST FOUR YIN. (OHUr..A 'lIST ,. CITATION
I~unœr peneIIy at øe<',ury thI1 the~"9 ..Irue...cl ~ P.O,BOX7!>4&
IIACI tnII! . c:opy ot ""I~ c,"11Ql1 Wt$ an.c:hed 10 the ø.cntIed oehoclt In CHULl. VISTA CA 9'$112
~wilhSec40202c.h'Of""''ó'lf»CleC.oóe
:.0' "~ ~ I, :_, ~'f;..\' VQ._';:: PE' ,~,~-.. A',~=_",'" 1'\ ;:>E;:',~-,:'·. :',::,;.,;;:[..:. ,.
ISSUEcev "" ;-','.é ,,_)"'! A~ C~:.:_.lI \';<;::~to "I"-t',:=- [i:FAP"'.':}.- f;",\;,:, ~-,~ 1;:--''::-
I I ~', ."T~' ,.J..;
1'\' .·'>·f'~ i~;C'_"..E:: Oc::- -::..-:-,;::,;,::- ~::,,;'-E~ cr", ê=:. I,'':':': ~, :::.._~'",:.
-. ~-i; ::.:,:,:
-C. ~E~:::)',:' -:C -:-....:. r'C'~I:-!:
...,..:: ¡;;E'::;¡~-Ef.~: ~,'.';:::' 0"', ~:'SS::i; :,: --:..r"',C~E::: -::0
~"Ä_ ~ WITH!"" 1(' Qþ.¥! ,....,~ ..-: "<C"'~:~ C" :_t.-O:". ~ .._~:..
THIS VEHiClE PAFlKED IN VIOLATION OF F-"-' <~:. P"~"Ir, :,,~i:¡:';"',L"T~' (:~
;..,: ~ ~, :- 4''- :..., ,,-::,r ,¡: "E\' ~,' ~"'''' -:...¡: ":""·.~G
::. -",-¡:.', PP':':: ;,~ .:;'':''E'.- E"
f':'~ Pt'-..·~"¡:l"':-:··; ,~,¡; EC',·,;'''['·"T ,,,:,,_, - '(,,,.:: CC·I.;"T;',.
0 '056 130 CVMC 0 225078 CVC -:--'~ :..',:,Q.",G (' -:1-: ',Y. p¡:c.:: ':E,' . ,:, ::.=r;"'~:: r It',;-
EX~EDMETER HANDICAP PARKING ONLY ~3fr': f ,:"... S::;JEC'.L._ I- ':'I\D_:!,C; ;::",--,:EJ;JI:~<
10.~070 CVMC 0 22SOO 1 CVC
0 I'OS'TED ~GNS!IIO p,t,RKING ~ WARt.¡;t.ú C.,.'LLiR( TO P.!;SPONC SML~l RESULT IN IMME DIJ. Tf ACT I",," IN
SToPPING·J\ED~8 PARKED IN /I< fIRE LANE T'HE fOP.I,' Of A:)O:Ti\JNAI. PEN.:..LTIE!:. At\~ fEEt ¡.,N~ Ii. !.!EN h:J~t; Elt"':C
105!S100CVMC 0 225OO(e) eve ~L"::-ED ON '''our.. 'JEt-·nc..! AEGISTRATro'" THROUGH THE. C:'~.~T"'~I\;'" ::-~
o ~...~IT"'N MA~~ED sPACE IQ,t,CKED IN'TO BlOCKING A OfWEW/I<¥ MO:':>; VEHIC~E~, VEHICLES W;TH!J OR "'OFtE UN..>A.ID N:::""ICH C>f P.tRI(¡t,C:
£t.I(TEFlED VIOLATION MAY BE-*ÞOUNO£D OR IMhlOBILIZED PURSljAN':' TO CALIC.O~~.,.t..
0 'D~ 330 CVMC 0 22SOO{f) evc VEHIC.LE CODE SEC:TIONS 22b~1(1¡ eTlC! 22b:",7.
lIMITED PARKING TIME fWlKED ON A $lDEWAL K
iI-lEJ:!E V,'T:..t BE: f. S1~ SER',':::E CHb.RGE FQq RE-Ut,.,,,:, :>-IECK~'
0 10,52160 CVMC 0 22500(h)CVC
PARKED IN Al.LEY OOU8~E PARKED PROOF OF CORRECTION ilF NEEDED)
10.52110 eVMC ;,".-, ~ f.~t.\ 6E 0=":.."';[:) e' CC.:::¡R=C~'!,:' "THE '..::~l.-:':,'. ....:- T-if'\ Ml. ..-
0 0 ~14evC A S,','0R:. Pv_iCE. DF'I::;E.r: S0.4ERiF'. H'-:''''t''',J-,' f-':"-~.:'_ ~T' :=.'- 01: -:,-[
fOR S*oLE ON PUBLIC "'R(~A"£ ~R'TY IW'KINGWI1"I1IN1~fE"OffIFl(HYOII/I<N1' D tv'.... COMP~E-C: THt PfKor Of COFlRE:; Q".I BL.O,',
'0.~.040 eYMC 0 22502(8) eve --
0 (7.Ie\ II INCHES nIOMOJIIIWFIONGSlDE
PARKED ON PARKWAY (S ROADWAY j &7"T1:)', PROOF OF CORRECTION
10.52 390 CYMC o 211'3(8\ evc ~":,,,,./I"IJ"'.E oi cn;::E<' ,-~~~;=,."';73--.--.~--;
vI0~t.TEt; CeR~,n:I'IIS t;O;O;"'Ecno~ NC ...::;¡;.;:' - ~.<
0 NOTWlTHlllilll/l<All.EDsP/I<C'ElNDT ~~~~~0RDlH)$ I
tlETEFlED' I I ,
I ---
0 0 i i
i
AMOUNT Of PENAlTY DUE , I
S S S COMItCT MCUl'fW.TION _D EQURleNT 'ItOLAT1ONS tNMEDiþ.nL Y
WlTHlN100AYS' WITHIN 30 DAYS' AFTEFI3Ot)AYS' TriEMt ,!;-. 51{<(f." ~~q\'ICE C"11.oIõlGE TO PROCESS T...~ PR.OO~ or CO¡:;:.,t:.:~,.::-'"
M.I. P.y~ôNT \'<'..; !;-':'''£~ "~OOr 0< CQFII;~:"10N "T:, T...E ~S~..( ~::-¡;nó
'Of No'nCE OF VIOLATION -. --
SEE REVERSE IIOE FOR PAYMENT INSTIIUCTIONS
/¿7 -5}
.".---- . -
FORM - B
YOU MAY MY .. PÐlSON liT 1ME fOU..OPMNQ
.
NOTlCl OF ILL EcGAL PARKING
If' ALREADY PAID· PUASE DISREGARD
I
WH. YR. WH. MAKE WH. UC. NO. ~ TO
IIUAK.... CHICK OR MONIY ORDØJ ....... 10: AMOUNT DUE
L.OCÆnON CW IIIOUmOH
¡jj
,
~ .
~ ~NU"'ER DAn 01' VIOLAMM leÇ110H 'llC)l.,CftD
DECLARATION OF NON-aNNERSHIP (OR LEASE/RENTAL)
INSTRUCTIONS: You are charged with the violation described below. Under Calif. Vehicle Code. Section 41102. it is øresumed that the registered
owner of the vehiCle was the person whO parUd it illegally and you were the registered owner on the date of the violation. tf you did
not own the vehicle on that date complete the cleclaration below and return it in the encloSed envelOPe·
The underSigned dedares that the 'o'ØhicIe bearing the licenSe number below was not owned by me on the violation date. The vetltcle was:
(cheCk only one)
[J 1} &Old to aomeone else o 21 not yet ,,,,,chased by me C 3) leased/rented to someone else under a written agreement
Name and Address of Responsible Party is: NOTE: Copy of written lease 01' rental agreement wmc:h inc:ludes
the name and address of the person to whom the vehicle is IeaIed
Name Of . rented must be submitted within 30 clays of the date of this
notice. (California Vehiåt Code Secbon 41102(8}.)
S.... " all IntormatiOn for the Declaration of non~nership iI not
ccmøIoIed, the DeclwBtIon wifl be ~ .... you "" be
City I State I ZiP røøonsible for clearing the violatiOn.
Date, sale, purchaSe, or leaSe/rental was executed: A [)edaratIon of Non..owr.raNP atteIting 10 a bona fide llle or
tra_ of a ""'Ide con, when ØICP8I1Y ccmøIoIed and filed ..
I declare under penalty of perjUry that the foregOing is true and comtCt the mailing address shOWn, act to effect the dismissal of the charge,
R _ is _ from the _ of Motcr -.
that the person chItgtd has corrølied with the l'Q,Iirementl of
(signature) (date) Sec:tIon 5802 of Ole \Ietic:is Code,
WH.YR. VEH.1IAK1! \/Ell. uc. NO. ..-
L.OCÆnON 01' 1IIOI.JmON
~Nu.ER DIIÆ CW ~ leÇ110H VIOI.JITÐ)
/ £J -¿'O
-- -_.---,-_.~ ...--.--..-- ---~ .._~--_..__. .-. -~--~~-
--
CITY OF CHULA VISTA FORM - C-l
REQUEST TO DISMISS PARKING CITATION-
- PARKING CITATION NUMBER: Vehicle license number:
Location and/or meter number: Date issued:
Issued by: Type of violation:
Name: Phone #:
Address:
City: State: Zip code:
"'S REQUESTED THAT THE ABOVE PARKING CITATION BE DISMISSED FOR THE FOUOWING REASONfS):
tcONTWUf: ON lACK)
I hereby affirm end certify under penalty of perjury that the foregoing statements are true and correct to the beat of my knowledge.
SIGNATURE DATE
RECEIVED BY: DA TE RECEIVED: DA TE POSTED:
¡FOR Pl'F1C£·f{¥ONL)' .>i¡¡¡)¡):)i:r.·¡.:.¡·:. ........¡:..:... ...-...... ·····.··r
IE THE REQUEST¡.FÖAOISMISSÄt<::ONC~R~SDISABLEDtARKING..PARKINGPERII/!ITS.:OR~PIRED
~EGISTRATION.PLEASE VERIFY. "~7.F9b~.~~!N(.1·~~D.I~.ITI~h~9~~;t;~)~~;t;;¡.>¡¡>¡iii
For DISABLED PARKING ~erify:..~I~car~J~~~~b~~()~..~~~~r~f~~~~~~p~~!~!den~~tion,
f"~'!::"'i·.,;;:.;=:5;;~-"'-'m!.~ ~.~;;i;'¡i~
';: ':',.:;:-::',,' -: :,:- -:-:<:-.:- ,"'i",:.:", -,' ,.:' ',': -,-,' : ',.', ,",,' ';',' -,-,;'", . .'.. . .:.:....: :,' ,.... -"-',: " ',.,' :.::""-.":¡:::'<-'..:::: '-:.,: . '-:-:INITlA&. titRE
For EXPIRED REGISTRATION verify:.·DMV.proof.Of..reglStration. .. ................: .....:................:..'
PARKING PERMIT OR DISABLED PERSON'S PLACARD NUMBER
...
ADMINISTRATIVE REVIEW OF DISMISSAL REQUEST
CIRCLE ONE
1. Recommendation of issuing party DISMISS UPHOLD
CITATION CITATION INITIAlS DATE
Remarks of issuing party
IIIIMNIICSCOHTO.)
....... CONTD.I
2, Recommendation of supervisor DISMISS UPHOLD
CITATION CITATION INITIALS DATE
3·1··:f'lo*IAdmlnis'tr.tivéÎJe~~wQêê:lsio j CITATION CITATION
DISMISSED UPHELD INITIALS DATE
Remarks on final decision
1m: F CITATION UPHELD. DAY COUNT FOR INCREAIIING PENALTY BEGINS ON OATE CITIZEN IS NOTIFIED.
Dismissal recorded by Citizen notified by J/J-b/
INITIAlS DATE INITIALS DATE
Fa"" No. 613-A fRev. 2/941
a___'M.._'. ..m~__..._____.__~~____..·'·..___····__··· ____.__..'
FORM - c- <-
INSTRUCTION SHEET ON TIlE ADMINISTRATIVE REVIEW PROCESS
As of July 1, 1993, parking violations are no longer a criminal offense and will be
handled as a civil matter. This means the court will no longer be hearing parking
violation citation cases. When parking citations are contested, the ticketing agency no
longer needs to prove "beyond a reasonable doubt" that the citation is valid. Instead, the
burden of proof is now your responsibility, and you need to prove by a "preponderance
of the evidence" that the citation is invalid. This evidence can be in the fonn of your
own written statements and any support for your position, statements from eye witnesses,
photographs, valid handicap placards with registration cards, or anything else you can
provide to support your claim for dismissal. It would be advisable to keep copies of the
evidence you submit for your own records.
To contest a citation, state law requires that you request an "Administrative Review"
within 10 days from the date of the Notice of megal Parking, If you fail to do so, you
lose your ability to contest the citation, and the citation penalty becomes a fonnal debt
due the City. If the penalty is not paid in a timely manner, the California Department
of Motor Vehicles will place a hold on your vehicle registration, Furthennore, failure
to pay may affect your credit rating, as unpaid balances may be submitted to a credit
reporting service and/or collections agency.
To initiate the" Administrative Review" process, complete the "Request to Dismiss" fonn
within the 10 day period and provide all evidence supporting your case. After you have
submitted this package, you will be notified within four weeks as to the disposition of this
review and further options available to you.
If the "Request to Dismiss" fonn is mailed to you, the deadline to return your paperwork
is 15 days from the date sent. Please submit your documentation to:
City of Chula Vista - Finance Dept,
276 Fourth Ave,
Chula Vista, CA 91910
/¡}~b;Z
_'"__._M__'·" _ --.--.., --- -- --~---,-- ._._---_._.._-----~.._--
FORM - D
~~~
:--~_-:
~~~~
......~-""'-
CIlY OF
CHULA VISTA
FINANCE DEPAR'T1IENT
February 16, 1994
JOHN DOE
276 4TH AVE.
CHULA VISTA, CA 91910
Re: Citation #999999
Per your request, an administrative review has been conducted on
the above referenced parking violation. After a thorough review of
the statements/evidence submitted, your request to dismiss this
parking citation has been approved.
The citation has been voided and no further action is required.
Please keep this letter for your files.
Sincerely,
Nadine Magee
Administrative Review coordinator
/Û -b 3
276 FOURTH AVENUE I CHUrA VISTA, CAUFORNIA 81810 I (618) 6111-5250
---,.-.-.---..-- .---_.__._-~ M __.,._.._._________
~~ft.. FORM - E
:.. d~~:
'-~~~
CIlY OF
CHULA VISTA
FINANCE DEPARTMENT
February 16, 1994
JOHN DOE
276 4TH AVE.
CHULA VISTA, CA 91910
Re: Citation#999999
Per your request, an administrative review has been conducted on
the above referenced parking citation. After a thorough review of
the statements/evidence submitted, your request to dismiss this
parking citation has been denied. Enclosed is a copy of the
processed dismissal form and any related documents.
You now have 15 days from the date of this letter to pay this
parking citation. The amount due is $250.00. Make check or money
order payable to the City of Chula vista; include the bottom
portion of this letter with your payment and mail in the envelope
provided. If this citation is not paid within the 15 day period,
administrative charges and late penalties will be added, increasing
the amount of the parking penalty. If the penalty goes unpaid, the
california Department of Motor Vehicles will place a hold on your
vehicle registration. Furthermore, failure to pay may affect your
credi t rating, as unpaid balances may be submitted to a credit
reporting service and/or collection agency.
If you are not satisfied with the decision of this review and/or
have additional evidence to substantiate your case, you have 15
days from the date of this letter to make a written request for an
"Administrative Hearing". To request a hearing, you must include
a deposit of $250.00 for the hearing. Once your request for a
hearing has been processed, you will be notified of the hearing
date. You may appear in person for the hearing or submit a written
declaration.
Sincerely,
Nadine Magee
Administrative Review Coordinator
RETURN BOTTOM PORTION WITH PAYMENT
-------------------------------------------------------------------
Citation #999999 Amount Due 250.00 February 18, 1994
Enclosed is my payment in full.
I would like to request an Administrative Hearing to
contest this citation. Enclosed is my deposit of .
If the parking penalty is over $100.00, you may request an installment payment
schedule. Contact the Parking Citation Processing Center at (619) 476-5360 for Jf'
more informati~96 FOURTH AVENUE I CHULA VISTA, CAUFORNIA 91910 I (1119) 691-5250 / t9 - ~
FORM - F
PARKING CITATION PROCESSING CENfER
JOHN DOE
..-- 276 4TH AVE.
CHULA VISTA, CA 91910 FEBRUARY 16, 1994
Re: City of Chula Vista, Parking Citation #999999
We have received your request for an Administrative Hearing for the
aforementioned citation, and your deposit of $250.00.
Your case is scheduled to be heard on Thursday, Karch 3, 19!U, at
6:00 p.m. Administrative Hearings are held at the City of Chula
vista council Chambers, located at 276 Fourth Avenue, Chula vista.
Should this be inconvenient for you, please call the Parking
citation Processing Center at (619) 476-5360 prior to noon on the
day of your hearing to request a continuance.
On the day of your hearing, please arrive prior to 6:00 p.m. Upon
arrival, check in with the Hearing Clerk. Please have both a
picture ID and this letter available for verification. Cases will
be heard on a first come first served basis. The hearings will
begin promptly at 6:00 p.m. and late arrivals will be excluded.
All documents and statements submitted by you previously for your
Administrative Review will be transferred to the Administrative
Hearing Officer prior to your hearing. If you wish to introduce
additional documents or evidence during the hearing, you must bring
copies with you, as all documents in support of the claimant's case
must be examined by the Administrative Hearing Officer prior to
being presented as evidence. Once submitted the documents will not
be returned as they will become part of the case record.
Persons who arrive late for their scheduled hearing or fail to
appear without notifying the Hearing Coordinator by noon of the day
of their hearing will be afforded only one additional opportunity
to be heard. In order to reschedule a missed hearing, the
Contestant must pay a $15.00 late/rescheduling fee. Failure to
reschedule within 30 days of the original hearing date, or failure
to appear at a rescheduled hearing will result in forfeiture of the
citation deposit.
Sincerely,
Nadine Magee
-- Administrative Hearing Coordinator
)¡J/~3
- -->--~._..._.,_._,_.....- -'--~~-------
FORM - 6-1
PARKING CITATION PROCESSING CENTER
HEARING DETERMINATION AND FINDINGS FORM
Contestant's Name:
Vehicle License Number:
Hearing Date: Time: Hearing Continued to:
AFTER CAREFULLY WEIGHING YOUR CLAIM AND TIlE EVIDENCE OFFERED IN SUPPORT
TIlEREOF, TIlE ADMINISTRATNE HEARING EXAMINER HAS FOUND:
Citation Number(s} Disposition Code
DISPOSITION CODES:
[ ] 01 Not Dismissed (liable)
I ] 02 Dismissed on Merits
I ] 03 Dismissed No Prima Facia Case
I ] 04 Continued
Hearing Examiner Comments:
Date Signature Heanng bxaminer
Tape # Side ----' to
I ] Yes I ]No
f:\home\wpc\kimberly\final\œ \103.94 /¿J .~~?
- ~ - --~--- -~--- --+ _m_
FORM (;,2
PARKING CITATION PROCESSING CENTER
STATEMENT OF RIGHTS AND RESPONSIBILITIES
You have been granted an Administrative Hearing for the adjudication of a parking violation, The
hearing held before a Hearing Examiner will be informal and rules regarding the admissibility of
evidence will not be strictly applied, The Hearing Examiner will make a decision based on all the
evidence presented,
Be advised that:
1. All hearings will be recorded,
2. If you are not the registered owner of the vehicle in issue you must state your reason for
appearing.
3. The Hearing Examiner will consider for disposition only those citations that have been prepared
for hearing at this time.
4, You will be asked to make one of the following pleas:
A. Admit committing the violation, and then present sufficient extenuating evidence to
justify breaking the law. Please be informed that the circumstances under which
breaking the law will be justified are very limited.
B. Deny committing the violation, and present proof of such claim.
5. The original or any true copy of the citation containing all material information is prima facie
evidence that the violation occurred, and under the new law, the issuing officer will not be
required to be present at the hearing.
6. You have the obligation to show by a preponderance of the evidence (that is, evidence that as
a whole shows that the fact sought to be proved is more probable than not) that the citation in
question was not validly issued. Such evidence may include, but is not limited to, records,
documents or testimony of witnesses.
7. You are to remain in the hearing room until your hearing is completed, If you should leave
prior to the completion of your hearing you will be considered in default.
I
8. You have the right to appeal the final determination of the Hearing Examiner within 20 days
from notification of such final determination. Appeals are held in civil court and a $25 per
citation fee must be paid before a hearing is scheduled.
I have read the above and understand my rights and responsibilities. I acknowledge receipt of a
duplicate copy of this statement of Rights and Responsibilities.
Date Signature
/ éJ -~ ?
f: \homt' \ wpc\kimberly \financll' \ 1 00.94
." ,__.',__·_'..._.u·", "-------.-----
FORM - H
PARKING CITATION PROCESSING CENTER
P,o. Box 7549
Chula Vista, CA 91912
(619) 476-5360
Date
SUBJECT: Parking Citation #
You have contested the parking citation listed above under the new AB408 policies. The Hearing has
been completed and the form is enclosed.
The Hearing Examiner's recommendation is:
[ ) A. You were found not liable. The citation will be voided and eliminated from your record,
No further action on your part is required. The original deposit amount you paid will
be refunded to you within two weeks. The refund will be mailed to the address listed
on the original Request for Dismissal form.
[ ] B. You were found liable. If you wish to appeal further, within 20 days of the date of this
notice, you must appear in person at the South Bay Courthouse, SOG-C Third Avenue,
Chula Vista, Civil Division. A $25.00 filling fee will be required and a hearing will be
scheduled at the courthouse. If after the hearing you are found not liable, the original
deposit amount you paid and the $25.00 will be refunded to you,
Sincerely,
Nadine Magee
Administrative Hearing Coordinator
f:\hom.\wpc\k.imœrly\fi.nance \ 104.94 j!) ~~~
----"-- _..~~..._..._.,...-.._._-_..~-----_._._.----_._-- --- --~_..- . -...-.---..--
FORM - I
MUNICIPAL COURT OF CALIFORNIA, COUN'I'Y OF SAN DIEGO
soum BAY JUDICIAL DISTRIcr
5OO-C 'I"WKD AVENUE ;
CBULA VISTA, CA '1910
Trial de Novo having been heard on .
The decision on by
Parking Agency, is hereby ( ) AFFIRMED ( ) RESCINDED.
By Order of:
COllllllissioner
Dated: By
Deputy Clerk
.
Distribution: contestant/parking Agency
/j)~Þ /
_. -
- - --_...._~_." -----...-.-----.-.
-....-,-....--.
FORM - J
PARKING CITATION PROCESSING CENTER
REQUEST FOR WAIVER OF
ADMINISTRATIVE HEARING PENALTY DEPOSIT
I HEREBY REQUEST AN ADMINISTRATIVE HEARING BY A HEARING EXAMINER WITHOUT
HAVING TO POST A DEPOSIT FOR THE FOLLOWING REASON:
Date Signature
Print Name, Address and Phone Number below:
Hearing Examiner's Name: (pnnt)
Granted [ ] Denied [ ]
Date Signature
Date Mailed: Finance Department Initial's:
f: \harM \ wpc\k.imberly\finanœ \ 102. 94 /1) -??J
- ----...--.-. .,.....---.- - _._~-'.'.._----- - --~.~ -.--..
FORM - K
PARKING CITATION PROCESSING CENTER
I am hereby requesting an Administrative hearing by written declaration for Citation #
issued on ' The following Is my written declaration: (photos, notarized statements
from witnesses for other evidence may be attached),
I affirm that the written testimony I have given above is the whole truth and nothing but the truth.
Date Signature
Print Name, Address and Phone Number below:
Any questions, call (619) 476-5360
Return completed form to: Parking Citation Processing Center
P.O. Box 7549
Chula Vista, CA 91912
f:\homll'\wpc\kimberly\finanœ\101.94 If} ~ 71
-~-,----_.,-_._-,.._---_._.-.---_._----_._- .------
FORM - L
MUNICIPAL COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
soum BAY JUDICIAL DIS1'RlCT
5OO-C '111lKD AVENUE
CHULA VISl'A, CA 92910
, .
IN THE MATTER OF: ) CASE IftJJIBER:
)
) .otioe of Motion
) .01' .ark1Dg appeal
)
ean1:..1:.ant\
To: ' a Parking Agency
From: and his/her Attorney
YOU AND EACH OF YOU WILL PLEASE TAXE NOTICE than on
the contestant, , in the above-entitled
action (through this attorney), filed with the Clerk of the above
named court NOTICE FOR PARKING APPEAL in the above-entitled action.
This Notice is given pursuant to Section 40230 on the California
Vehicle Code.
Trial De Novo is set for in Dept.
at AM/PM.
STEPHEN THUNBERG, Court Administrator
by: ' Deputy Clerk
.
Distribution: Parking Agency
lð~7;¿
.. .
------.-..-............-.- ..- - - - -...------.
,
COUNCIL AGENDA STATEMENT II
Item
Meeting Date 3/1/94
TITLE: REPORT Update on Solid Waste Issues and Request
for Proposals (RFP) Process for Solid Waste
Services
RESOLUTION 171/~'Iw ' , the Bid Requirements
a~v~ng
and Authorizing the Mayor to Execute a Contract for
Consultant Services Not to Exceed $24,850 with
Brown, Vence & Associates for the Evaluation of
Proposals, and Appropriating Funds Therefor
SUBMITTED BY: Deputy City Manager KremPl0t- ~
Principal Managem~ Assistant Snyder
REVIEWED BY: City Manager-.]lt ~ ~ 1(4/SthS Vote: Yes..1L NO_)
,
At the 10/19/93 meeting, the City Council directed staff to proceed
with the development and issuance of an RFP for solid waste
services as an alternative to the present County solid waste
management system. The services of a consultant (Brown, Vence &
Associates) were used to design the RFP which was issued on
12/16/93. During this process, staff has presented oral reports at
regular weekly meetings to keep Council apprised of the progress of
the project.
Five proposals were received by the 2/15/94 deadline. This report
outlines a recommended plan for: evaluating those proposals;
conducting an economic analysis of expected costs to the City of
remaining in the County system; and presenting recommendations as
to whether and how to proceed with alternatives to the County
system.
The project is timed to provide Council with this valuable
decision-making information prior to the 5/31/94 expiration date of
the Interim Solid Waste Participation Agreement.
RECOMMENDATION: A) Approve resolution authorizing the Mayor to ,
execute a consultant services contract to: 1 ) complete technical
and financial evaluation of all proposals received; and 2) prepare
comparative cost and service data from an economic analysis of the
County system.
B) Direct staff to return to Council with the results of the
evaluation process at three key steps: 1) analysis of proposals by
April 5, 1994; 2) draft conclusions and recommendations by April
26, 1994; and 3) final report no later than May 17, 1994.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
/)~/
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Page 2, Item )/
Meeting Date 3/1/94
DISCUSSION: ·
On 2/15/94, the City received five responses to the RFP from the
following potential contractors:
0 Laidlaw Waste Systems, Inc.
0 Mid-American Waste Systems, Inc.
0 Mine Reclamation Corporation (MRC)/ Browning-Ferris
Industries of California, Inc. (BFIC)
0 Mother Aland Recoverable Resource Management
0 Sexton/ Chula Vista Sanitary Service
In order to have the information regarding these proposals
available for Council in time to meet the deadline for decisions
imposed by the Interim Solid Waste Commission, staff is
recommending a contract with the same consultant used for the
issuance of the RFP.
The Contract
The previous contract with Brown, Vence & Associates (BVA) totaled
$16,530. The contract had been authorized by Council through the
City Manager on the basis of recommendations made from informal ·
estimates regarding the initial step of developing and distributing
the RFP.
The new contract (Attachment A) is recommended at a cost not to
exceed $24,850. This amount includes a total allowable cost of up
to $9,900 for an economic analysis of the projected costs to
staying in the current County system. The economic analysis will
be paid for on a "time and materials" basis, so the overall
contract cost could be less than the appropriation request of
$24,850. City staff will be providing local data to the consultant
for this economic analysis, but will need to rely on BVA for
special expertise in industry factors and reasonableness of
projections.
The proiect Tasks and Schedule
As outlined in Attachment B, a letter from BVA dated February 17,
1994, this project will have two primary tasks. The first task is
the technical and financial evaluation of the five proposals
received, using the evaluation guidelines published in the December
14, 1993 RFP. The consultant will document the review and
evaluation process, develop scores, rank proposals and report ·
recommendations based on these results.
)/..~
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Page 3, Item 1/
Meeting Date 3/1/94
The second task requires the development of comparison costs for
the current County system which can then be looked at in relation
to the data for the alternatives (Task 1). Based on information
provided by the City and the County, the consultant will project
tipping fees and project costs for the County system over the same
20 year period requested in the proposals. That data will be
compared to the top-ranking proposals to determine the most cost- .
effective option for the City.
Comprehensive results and recommendations will be brought to
Council in both draft and final report forms, to allow ample
opportunity for Council discussion per the following suggested
schedule:
0 April 5, 1994- Report on the technical and
financial evaluation of the five
proposals.
0 April 26, 1994- Technical report summarizing the
results of the economic analysis and
the proposal evaluation process.
0 May 17, 1994- Final report and recommendations.
FISCAL IMPACT: Approval of the resolution will result in a
maximum of $24,850 in unbudgeted costs. It is recommended that
these funds be appropriated from the Waste Management Trust Fund
(Fund 270) to Account 100-0210-5201. The Waste Management Trust
Fund includes, in part, monies received in FY 1991-92 as part of a
settlement with Laidlaw Waste Systems, Inc. to be used for the
general purpose of the long-term stabilization of trash disposal
rates.
1/..3 .
.--..- . ~,--,.,..- ".-..,.---.---
RESOLUTION NO. I / ¥ &' r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE BID REQUIREMENTS AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
FOR CONSULTANT SERVICES NOT TO EXCEED $24,850
WITH BROWN, VENCE & ASSOCIATES FOR THE
EVALUATION OF PROPOSALS, AND APPROPRIATING
FUNDS THEREFOR
WHEREAS, at the 10/19/93 meeting, the City Council
directed staff to proceed with the development and issuance of an
RFP for solid waste services as an alternative to the present
County solid waste management system; and,
WHEREAS, the services of a consultant (Brown, Vence &
Associates) were used to design the RFP which was issued on
12/16/93; and,
WHEREAS, five proposals were received by the 2/15/93
deadline and it is staff's recommendation to execute a consultant
services contract to complete technical and financial evaluation of
all proposals received and prepare comparative cost and service
data from an economic analysis of the County system,
NOW, THEREFORE, BE IT FURTHER RESOLVED the city council
of the city of Chula vista does hereby waive the bid requirements
in order to have the information regarding the proposals available
for Council in time to meet the deadline for decisions imposed by
the Interim Solid Waste Commission, and awards the contract to the
same consultant used for the issuance of the RFP, Brown, Vence &
Associates for an amount not to exceed $24,850, a copy of which
contract is on file in the office of the City Clerk as Document No.
(to be completed by the City Clerk in the final document).
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized to execute said contract on behalf
of the City of Chula vista.
BE IT FURTHER RESOLVED that the sum of $24,850 is hereby
appropriated from the unappropriated balance of the Waste
Management Trust Fund 270 to Account 100-0210-5201.
Presented by
~
George Krempl, Deputy City Bruce M.
city Manager Attorney
C:\rs\brown.rfp
/1-'1
_...d..'. .__.__..~_..._"___._ .. ...____...____".m.
Attachment A
·
Aqreement between
City of Chula Vista
and
Brown, Vence and Associates
for Consulting Services for Evaluation of Proposals
for Solid Waste Services
This agreement ("Agreement"), dated February 21, 1994 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is
set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant") , and is made with reference to the
following facts:
Recitals ·
Whereas, on September 21, 1993 the City Council directed
staff to proceed with an RFP for the procurement of solid waste
management and disposal options by determining and recommending
appropriate consultant services to prepare the RFP¡ and,
Whereas, on October 19, 1993 the City Council authorized the
City Manager to negotiate a contract with the Consultant not to
exceed $17,000 for the development of the RFP¡ and,
Whereas, on March 1, 1994 the City Council waived the bid
requirements and authorized the Mayor to execute a contract with
the Consultant not to exceed $24,850 for the evaluation of the
proposals received under the RFP; and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
Obligatory provisions ·
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 7, entitled "General Duties";
and,
/1~5
...'~-.~----.- --- ~-_._.._---""------------",---_.,._-,-_.__.-
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Dutiestl, Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled " Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8 and Exhibit C, and deliver to City such Deliverables as are ·
identified in Exhibit A, Paragraph 8, within the time frames set
forth therein, time being of the essence of this agreement. The
General Duties and the work and deliverables required in the
Scope of Work and Schedule shall be herein referred to as the
"Defined Services". Failure to complete the Defined Services by
the times indicated does not, except at the option of the City,
operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant,
from time to time reduce the Defined Services to be performed by
the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined Services ( "Additional ·
Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform
same on a time and materials basis at the rates set forth in the
"Fee Schedule" in Exhibit B, unless a separate fixed fee is
otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
Agreement with Brown, Vence and Associates ·
Page 2
/I~I,
-- -------- .---_.._-~_._--------,-_...-
·
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of flA, Class V" or
better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City and Applicant as an Additional Insured, and which is
primary to any policy which the City may otherwise carry
("Primary Coverage"), and which treats the employees of the City
and Applicant in the same manner as members of the general public
("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is ·
included in the General Liability policy.
G. Proof of Insurance Coverage.
(l) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under
this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required
under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Business License ·
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
Agreement with Brown, Vence and Associates
Page 3
/1,7
. .._"__._,_._,__...~,________+__.____.________.... ...___ "._. 0"'-_"-
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule
therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit
access to its office facilities, files and records by Consultant
throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials .
beyond 30 days after authorization to proceed, shall constitute a
basis for the justifiable delay in the Consultant's performance
of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 16, but in no event more frequently than monthly, on
the day of the period indicated in Exhibit A, Paragraph 16, City
shall compensate Consultant for all services rendered by Consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, subject to the requirements for retention set forth
in paragraph 17 of Exhibit A, and shall compensate Consultant for
out of pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain
sufficient information as to the propriety of the billing to
permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's
account number indicated on Exhibit A, Paragraph 16 (C) to be
charged upon making such payment.
,
3. Administration of Contract
Each party designates the individuals ( "Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5. Delays
Agreement with Brown, Vence and Associates
Page 4
//~lr' ,
___._.._"~_.__.....__~._.__"~_.._.._ . ___.u.
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 14, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for ,
the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in
such reporting categories as are specified in Paragraph 14 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations ,
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
Agreement with Brown, Vence and Associates
Page 5
/ /~ 'I
. _'___'_ "...-..~. ..... ____~___ _,__...~____~_..______._.' _,_.__,___...___u_
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result .
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined
Services.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not .
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any þusiness for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify and hold harmless the
City, its elected and appointed officers and employees, from and
against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of any
negligent act or omission connected with the performance of the
contract by the Consultant, or any agent or employee, subcontrac-
tors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising
from the sole negligence or sole willful conduct of the City, its
officers, or employees. Consultant's indemnification shall in-
.
Agreement with Brown, Vence and Associates
page 6
//'10
". ~_'_m___~_ '" .--,--------- "" ~_.._----_.,---_._--
·
clude any and all reasonable costs, expenses, attorneys' fees and
liability incurred by the City, its officers, agents, or
employees in defending against such claims, whether the same
proceed to judgment or not.
Further, Consultant at its own expense shall, upon written
request by the City, defend any such suit or action brought
against the City, its officers, agents, or employees. Consult-
ants' indemnification of City shall not be limited by any prior
or subsequent declaration by the Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date ·
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City
for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this
agreement.
10. Termination of Agreement for Convenience of City ·
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is
Agreement with Brown, Vence and Associates
Page 7
//'1/
... ...-..--,._-----_...._._-._--~"-_._----~-----_.._._" -,--..-. -- --~.._-
terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for .
damages or compensation arising under this Agreement except as
set forth herein.
11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City,
which City may not unreasonably deny. Nothing contained in this
paragraph prohibits the assignment of accounts receivable for
financing purposes.
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the United States or in any other country without the express .
written consent of City.
City shall have unrestricted authority to publish, disclose
(except as may be limited by the provisions of the Public Records
Act), distribute, and otherwise use, copyright or patent, in
whole or in part, any such reports, studies, data, statistics,
forms or other materials or properties produced under this
Agreement.
13. Independent Contractor
City is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other .
Agreement with Brown, Vence and Associates
Page 8
/1-1,)..
~_....,_._ . ____.....___ ., "." ___..'__.-.-n'__._____n.______ ..,_____.__n__._
leave benefits.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in .
good faith with City for the purpose of resolving any dispute
over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
16. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant Not Authorized to Represent City .
Unless specifically authorized in writing by City, Consult-
ant shall have no authority to act as City's agent to bind City
to any contractual agreements whatsoever.
B. Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
Agreement with Brown, Vence and Associates
Page 9
//"13
---.---.------.....
requested, at the addresses identified herein as the places of
business for each of the designated parties.
C. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
D. Capacity of Parties
.
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
E. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
.
Agreement with Brown, Vence and Associates
Page 10
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uz-z~-~~ II:Zl~ HUn Dl\Un~. VCI\~& '" I\OOU~ !U ¡Ol:::1;)OJ;'¡Ull. 1 UUl..I UU£.
.
, .
~
Sf V1""tœ'e l'.ge
,..... ~
Ao£ --10 J;¡,,¡L.een Ci.1:y of """"a ViJlt:a IIZId BrowD, Vence and
....oat.a_
. ~oz: COIIIS'01I:tbq Serdceø fo:c Bval\1A't1On of ~øa.l8 for Solid
-..... SerVices
1:11 1fJ:D1SIi$ 1IU1USOJ', eJ,1:y ilnd. COnIlu:ltan~ MVO ___'foe<! 1:h1.
AQ.....eanent there1:l:r 1Ddicat!ng that the:r ha.... xead and unde:cst004
same, and iJldj,oat.e theiJ: full &D4 ccmple1:. c:cmaent to itll te::mal
Ila1:edt Ci 1:y of Cbula VLata
,~-
. ' I·· .
~ ..4er, Ka.yor
.Atte.tl .
:Beverly AutJl,aJ.et, cu.j Clexk
Approved .. to ·fœa
,...., . -, ~
BnceK. lIoogaa:d, Ci.ty 1ttorney
Dated I 1-3 ffJ llf q .f-- Brown, Vence and. AJsoclates
%~~
~: D. VênC8, ce- .s en
J"tr¡,n~lt 1.1.t t"o AgrMlllt<rtl .
r) IbrM'hU: A.
~¡ -"-bit a, ,_ Sob.......'.
-ndt C, »eteile4 Scope of wort
.....t with Brown, VØca and .usociat8s
þg. 11
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-------._-----~----
Exhibit A
to
Agreement between
City of Chula Vista .
and
Brown, Vence and Associates
l. Effective Date of Agreement: March 1, 1994
2. City-Related Entity: City of Chula Vista, a
municipal chartered corporation
of the State of California
3. Place of Business for City: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant: Brown, Vence and Associates
120 Montgomery Street
Suite 1000
San Francisco, CA 94104
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership .
(X ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
120 Montgomery Street, Suite 1000
San Francisco, CA 94104
Voice Phone 415/ 434-0900
Fax Phone 415/ 956-6220
7. General Duties: To perform technical and financial
evaluations of five proposals for solid waste services, to conduct
an economic analysis of the expected costs to the City of
continuing to use the services of the County solid waste management
system, and to present recommendations based on this data.
8. Scope of Work and Schedule:
A. Detailed Scope of Work: See Exhibit C attached.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
,
( ) Other:
//'/~
---_.. ...,-..-..,.....,.- ---,-.-,._----- --,+--~-,--_._--,_.,."^._.,--,..._..-
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Technical summary of proposal
evaluation-- April 1, 1994
Deliverable No. 2: Technical summary of economic
analysis and evaluation process--
April 22, 1994
Deliverable No. 3: Draft report documenting process and
presenting recommendation-- May 4,
1994
Deliverable No. 4: Final report-- May 11, 1994
D. Date for completion of all Consultant services: .
May 31, 1994
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included
in Commercial General Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
A. Five proposals for solid waste services received under RFP
and all related material supplied by vendors
B. Any materials providing information on the projected costs
of the County solid waste management systein
C. Other solid waste and recycling related documents as
deemed appropriate by the Consultant and the City. .
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of that portion of Defined Services by
Consultant, referred to as Task 1 as defined in Exhibit C to this
Agreement (Detailed Scope of Work), City shall pay a single fixed
fee in the amounts and at the times or for the deliverables set
forth below:
Exhibit A to Agreement with Brown, Vence and Associates
Page 2
/1" 17
--.-..-..-..-..--"..-. ,-. .-----..-----------..,--..----
Single Fixed Fee Amount: Not to exceed $8,950 payable as
.follows:
Event and/or Deliverable Amount of Fixed Fee
Presentation of technical summary $8,950
of proposal evaluation
TOTAL $8,950
B. ( ) Phased Fixed Fee Arrangement. ·
Not applicable.
C. (x) Hourly Rate Arrangement.
For performance of that portion of Defined Services by
Consultant, referred to as Tasks 2 and 3 as defined in Exhibit C to
this Agreement (Detailed Scope of Work), City shall pay Consultant
for the productive hours of time spent by Consultant in the
performance of said Services, at the rates or amounts set forth in
the Rate Schedule hereinbelow according to the following terms and
conditions:
(1) (x) Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum Compensation
amount, Consultant agrees that Consultant will perform
all of the Defined Services herein required of Consultant
for $15,900 including all Materials, and other
"reimbursables" ("Maximum Compensation").
·
(2) ( ) Limitation without Further Authorization on
Time and Materials Arrangement
Not applicable.
Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
Senior Principal Thomas Vence $140
Senior Associate II Michael Greenberg $110
Associate II Tracy Swanborn $ 90
Exhibit A to Agreement with Brown, Vence and Associates
Page 3
·
II" / f'
- ---",-_.. -- ,_.~_.._----_.~-,._-_......_-_.,,_.__.,--,_.-
12. Materials Reimbursement Arrangement .
For the cost of out of pocket expenses incurred by Consultant
in the performance of services determined under the Hourly Rate
Arrangement, City shall pay Consultant at the rates or amounts set
forth below:
( ) None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $ ·
·
(x) Copies, not to exceed $60: Cost + 10%
(x) Travel, not to exceed $2,500: Cost + 10%
( ) Printing, not to exceed $ .
.
( ) Postage, not to exceed $ ·
·
(x) Delivery, not to exceed $150: Cost + 10%
( ) Long Distance Telephone Charges,
not to exceed $ .
(x) Other Actual Identifiable Direct Costs:
COlllIllunications (fax, phone), not to
exceed $320: 2% of invoice
13. Contract Administrators: ,
City: Stephanie Snyder, Principal Management Assistant,
City Hall, 276 Fourth Avenue, Chula Vista, CA
91910, Phone 619/ 691-5031
Consultant:
Thomas D. Vence, Vice-President, 120 Montgomery
Street, Suite 1000, San Francisco, CA 94104, Phone
415/ 434-0900
14. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
( X) Not Applicable. Not an FPPC Filer.
15. Permitted Subconsultants: None.
16. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
.
(X ) Monthly
( ) Quarterly
( ) Other:
Exhibit A to Agreement with Brown, Vence and Associates
Pag.e 4
//'/1
--- -~.._~-_. - _._~- - ,- --_._..,..~ ._-_..__.._----_._~--_.._~---_-.-_._------
B. Day of the Period for submission of Consultant's Billing:
(X ) First of the Month
( ) 15th Day of each Month
( ) End of the Month ·
( ) Other:
C. City's Account Number: 100-0210-5201
17. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X ) Retention. If this space is checked, then
notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their
option, either the following "Retention percentage" or
"Retention Amount" until the City determines that the
Retention Release Event, listed below, has occurred:
(X ) Retention Percentage: 10%
( ) Retention Amount:
·
Retention Release Event:
(X ) Completion of All Consultant Services, i.e.
City receipt of all deliverables
·
Exhibit A to Agreement with Brown, Vence and Associates
Page 5
II'" '¡t)
......-...--. --,-_.~-_..._._-_.__._._- ...---.- ,.
10-05-93 10:11~ FROM BROWN, VENCE ~ AS~uC TO 16194256184 POO2/002
.. ·
\ Exhibit B to Agreement between
!
. , City of Chula Vista and
IVA Brown. Vence and Associates
, FEE SCHEDULE
·
,
TEmNlCß.1 ~ ~'E.RVI~
SeIIior ~ $140 per hour
Prùac:ipa1 · $120 per boor
Sorior ¡\.-.... ß $110 per hour
Senior AsIOdlte I $100 per hour
A,~eM n . S90 per boar
ASIOCÒP 1 ; $SO per hour
·
I\II&J-~ u S70 per hour
¡¡~/PIaDiIer I '" S60 per bDur
mor
ward ~. Sec/etarlaI S4S per bout
.
R'P'TMR1JRSAJ'LE ~ TS
CoI!Þ.Þ1om:; SUbco11lraCfOn Cost + 10"
Lod¡in¡ IDd Meals Cost + 10"
Travel
_ pnv;e or company car SO.34lmile
-a11~ Cost + 10"
1lep1aductlonS $0.082 per imagll
BIødID¡ IIIId CoWl" $5.75
DeIiv«y - !)!her Expa\IIIS Cost + 10"
Cu.u~ TiIœ $26 per !loUr
.
CoIam\UIÎCIÛOII (Fax. Tckpboœ. etC.) 2" IUI'CIwIII on tall! invoice
PAYMENTS;
,
UDle3& ~ a¡reed in wrltInC. f=s will œ billed monttlly _ die first of each monrh for !be
prscedlna DI01IIh. and will œ. payable wilhln thirty (30) days of the date of die invoice.
PSCALATIO~
Fees will be ~1IeCI aaniannually in IICCQI'daœ wiIh Ibe chlll¡e 1ft die Consumer Price IDdex for
Ihe San ~.<:O Bay Area plus two pCic:cnc JIll' UDIID.
LAm CHARGES
IDvoJœs wbich II'e not pli4 wI1bln thirty (30) days will Þe dIIrIed . monthly lite fee Of 1.," of
tile ~ amount. AddItionally. tImII spent pII~ overdue _ms receivable will be diad
tD the cHellis mvoice. Such timII is consld«ed o\'er above die -.reed scàpe of work :and !bus
II ÍD adcIitioD !O Illy qreecI fee. .
..-_ II tr...h- MfNIIM,E."'L~
J/~.)..I
~._---- - -- "-_.~._._.._--_....~_._...,.~._---_.-.---
,
Exhibit C
Detailed Scope of Work
The following detailed scope of work addresses the services to be
provided by the Consultant in order to evaluate five proposals for
solid waste services, prepare an economic analysis of the projected
costs for the City to remain in the San Diego County waste
management system and to present and discuss analysis and
recommendations at meetings with the City Council.
~ask 1: Evaluation of Proposals
Under this task, Consultant will develop a comprehensive list of
evaluation criteria and a scoring system to objectively evaluate
the five proposals received as a result of the RFP issued 12/16/93.
This criteria will be based on the sample criteria listed in the
RFP. Evaluation scoring forms will be prepared, and will be made
available to the City in the event that the City desires to conduct ,
an independent evaluation separate from the Consultant's.
All proposals will be evaluated against initial screening
requirements to determine if they are responsive to the
requirements laid out in the RFP. Responsive proposals will be
evaluated further, using the comprehensive criteria. Results of
the evaluations will be compiled and a relative score for each
responsive proposal will be developed. Consultant will prepare a
technical memorandum summarizing the results of the evaluation and
will update the City Council on these results at the beginning of
April 1994. (See Task 3 below.)
Task 2: Economic Analysis of San Diego County System
In order to determine the relative value of the proposals received,
the City needs to be able to compare them with the alternative cost
of remaining in the County's system. There is some information
available at this time regarding the projected system costs, and
more information regarding short-term tipping fees is expected to
be available through the Interim Solid Waste Commission over the
next two months.
,
Working with City staff and all available information, the
Consultant will evaluate the anticipated tipping fees and project
costs .over the 20-year period requested in the proposals. Economic
factors, such as the cost of additional or missing services, will
be accounted for when possible. Results of the economic analysis
will be compared to the top-ranking proposals to determine the most
cost-effective option for the City. Consultant will conduct a
sensitivity analysis to examine costs under different assumptions.
Exhibit C to Agreement with Brown, Vence and Associates
Page 1
. /I"~~
____.._....._.____.__._...._ ___.._a.__'_'.'_ ,---------------- .._~._....-
Since the amount and quality of data available to conduct the
economic analysis is unclear at this time, this task will be
performed on a "time and materials" basis with a "not to exceed"
cost provided in Exhibit A. City staff will be responsible for
providing background data and determining the extent of analysis
required by the Consultant. .
Consultant will prepare a technical memorandum summarizing the
results of the economic analysis and its impact on the priority
ranking of the proposals received. The memorandum will be
presented and discussed at a City Council meeting in late April
1994. (See the following Task.)
Task 3: City Council Meetings
Consultant will prepare for and attend at least three City Council
meetings, during which time the results of technical memoranda
and/or reports will be discussed. Attendance at the first City
Council meeting will be scheduled to coincide with a meeting with
City staff to scope the economic analysis task. Consultant will
prepare for and attend the following meetings of the City Council:
0 Evaluation of Proposals (Task 1)-- AprilS, 1994
0 Economic Analysis of the County System and Impact on the
Evaluations (Task 2)-- April 26, 1994
0 Final Report-- May 17, 1994 .
Schedule changes regarding Consultant's attendance are within the
purview of City staff.
,
Exhibit C to Agreement with Brown, Vence and Associates
Page 2
IJ'.2.J ///-2'/
_____~_______n..__ __ _ _.~~_..___.,~_.,___.____._.._ ,_._..____,___ --_.-
Attachment B
Brown, Vence
& Associates
February 17, 1994 Energy and
Waste Management
Engineers
Stephanie Snyder 120 Montgomery Street
City of Chula Vista Suite 1000
276 Fourth Avenue San Francisco CA 94104
Chula Vista, CA 91910 415/434-0900
BVA Job No.: 93032 415/956-6220 FAX
SUBJECT: Revised Proposal for Evaluating
Responses to the Garbage Services
RFP, and Providing Other Technical
Assistance
Dear Stephanie:
Based on input from you, we have revised our proposal for evaluating the responses to the
garbage services RFP, Included in this letter is a scope of work, project schedule, and
preliminary budget for our services. The scope of work was structured based on the
conversation between you and Tracy Swanborn. If the scope of work does not meet your
expectations, we would like the opportunity to discuss it with you and make any necessary
modifications.
We have outlined three separate tasks in this scope of work: evaluation of proposals, economic
analysis of the San Diego County system, and meetings with the City Council,
TASK 1: EVALUATION OF PROPOSALS
We have developed an approach to the evaluation process that is based on BV A independently
conducting the evaluation of the proposals. This approach was originally presented in our
September 20, 1993 proposal. BV A will develop evaluation criteria and a scoring system to
objectively evaluate the proposals, We will review the proposals using this criteria and scoring
system, compile our evaluation results, and develop scores for the proposals, Based on the
scores, BV A will rank the proposals and present our recommendations to the City. We will
submit a brief report summarizing our results and recommendations,
The evaluation criteria and scoring system will be made available to the City in the event the
City wishes to conduct an evaluation in addition to BV A's evaluation.
Printed on
Recycled
1/'.;5' Paper
---_._-"--~._.._._.._._--_.._--~--_.~---_._.~_._".__.._.,-_._,~,._-
Stephanie Snyder
City of Chula Vista
February 17, 1994
Page 2
The tasks associated with BV A's independent evaluation are outlined below,
Task 1.1: Develop Evaluation Criteria. Based on the sample evaluation criteria prepared for
the RFP, BV A will develop a comprehensive list of evaluation criteria and deftnitions to be used
to ensure consistent scoring of the proposals,
Task 1.2: Prepare Forms, BV A will prepare evaluation scoring fonns based on the criteria
developed in Task 1.1. We anticipate that two fonns will be necessary-a minimum criteria
fonn and a detailed evaluation fonn, These fonns will be made available to the City in the
event the City or an evaluation team is fonned and wants to conduct an evaluation separate from
BVA's.
Task 1.3: Initial Screening. BV A will review each proposal to detennine if the proposal
passes the initial screening requirements. Proposals that do not meet the initial screening
requirements will not be evaluated further, For the purposes of preparing this scope of work
and budget, we have assumed that the initial screening process will require the review of five
proposals.
Task 1.4: Review and Rank Each Proposal. BV A will perfonn a detailed evaluation of each
proposal that meets the initial screening requirements using the evaluation criteria and fonns,
The results of the evaluations will be compiled and a numerical scoring system will be developed
to determined a relative score for each proposal, The scores will be used to assist in developing
a ranking of the proposals and fmal recommendations, We have assumed that three proposals
will meet the initial screening requirements and will require a detailed evaluation,
Task 1.5: Technical Memorandum. BV A will provide a technical memorandum summarizing
the results and rankings of our evaluation. This technical memorandum will be provided by the
end of March and is intend to serve as a basis to update the City Council on the status of the
evaluation process,
Task 1.6: Prepare Summary Report, BV A will prepare a report that describes the evaluation
process, including all of the evaluation instruments prepared for use by BV A and the results of
the analysis, In addition, this summary report will also include a discussion on the comparison
of the proposal options and County option focusing on the economic analysis (described in Task
2), This report will serve to document the process so that the City Council or other interested
parties can understand how BV A developed its recommendation.
TASK 2: ECONOMIC ANALYSIS OF SAN DffiGO COUNTY SYSTEM
In order to decide whether the City should pursue any of the options presented in the proposals
for transfer, hauling, and disposal services, the City will need to compare the costs of the
II" ,¡t,
--_._.~_..__._-". __ _"__ _,.__ - n.'.____. __ _..,_.__.___,__..._._~_~_.___....._
Stephanie Snyder
City of ChuIa Vista
February 17, 1994
Page 3
transfer, hauling, and disposal services proposals with the City's alternative of remaining a
participant in the county's waste management system. Since the costs associated with the county
system have not been ftxed and are dependent on several variables, an assessment of the county
system and potential costs will need to be conducted, BV A will work with the City to make a
projection of the county system costs.
Based on the information available from San Diego County and the City, BV A will evaluate the
anticipated county system tipping fees and project costs over a 20-year period. We will tben
compare these costs to those proposed by the top ranking vendors to determine tbe most cost-
effective option for the City, We will perform a sensitivity analysis to examine tbe costs under
different assumptions such as level of participation in the county system, tipping fee projections
over 20 years, and landfill capacity.
We anticipate that this task will require up to 60 hours of technical assistance, In addition, we
expect that a meeting with the City staff will be necessary to formulate an approach, review
available information, and to make critical assumptions for the analysis.
TASK 3: CITY COUNCIL MEETINGS
Based on discussions with the City, BV A has included a task to attend three City Council
meetings, At the ftrst City Council meeting (April 5), BV A will plan to discuss tbe evaluation
process methodology and present our results and rankings of the proposals, BV A will not have
completed the economic analysis at this time; therefore, the discussion will not include a
comparison of the proposal options with tbe county option, For this meeting, BV A will provide
a technical memorandum summarizing our evaluation.
The second City Council meeting (April 26) will be the opportunity for BV A to present its
overall recommendations to the City based on our evaluation of the proposals and economic
analysis of the proposals and county options, For this meeting, BV A will provide a technical
memorandum summarizing our evaluation and comparison with tbe county option,
At the third City Council meeting (May 17), BV A will make a presentation of the fmal report
that documents the complete evaluation process, economic artaIysis, sensitivity analysis, and
recommendations.
We have assumed that either Tom Vence or Tracy Swanbom will attend the City Council
meetings, In addition to attending the meetings, we have also include some in-house time to
prepare presentation materials to be used at the meetings.
11'.27
_..0""-
Stephanie Snyder
City of Chula Vista
February 17, 1994
Page 4
PROJECT SCHEDULE
Based on discussions with Stephartie Snyder, we have developed a preliminary schedule for the
evaluation process and economic analysis, The schedule for deliverables and attendance at City
Council meetings is listed below,
Technical memorandum summarizing March 31/ April I
evaluation process and results
Staff meeting to scope economic analysis April 5
and City Council meeting
Technical memorandum summarizing April 21/22
evaluation process and economic analysis
City Council meeting April 26
Draft report documenting evaluation May 4
process and economic analysis
Final report documenting evaluation May II
process and economic analysis
City Council meeting May 17
The preliminary project schedule was developed assuming that BV A receives authorization to
proceed with work and copies of the proposals by March 4, In addition, we assumed that the
City will receive the information needed to perform the economic analysis by the end of March,
In the event that these milestones are not met, the project schedule will need to be revised,
PRELIMINARY BUDGET
Based on the scope of work described above, BV A has developed a preliminary budget including
expenses for these services.
Task Cost
1 $8,950
2 $9,900
3 $6,000
The work required under Tasks 2 and 3 can be arranged on a time-and-materials basis with a
not-to-exceed cap on the costs, This arrange will allow the City the flexibility in defIning the
scope of work required for the economic analysis and the number of meetings that BV A should
attend.
I) ~ *'-f"
-_._-.-...--~.,.,.--._..,....,_...- - --...- ---- -------~-,~_..__.._._~
Stephanie Snyder
City of Chula Vista
February 17, 1994
Page 5
I hope that this revised proposal more closely fits your needs. Weare willing to discuss and
modify the scope of work at the request of the City if we have not addressed all your concerns
in this proposal. Please do not hesitate to contact Tracy Swanborn or me at (415) 434-0900 if
you have any questions,
Very truly yours,
BROWN, VENCE & ASSOCIATES
g¿1fl1!(ytc¡;)~
Thomas D, Vence
Vice President
F:\SW\93032\CORRBS\PROPOSAL.LTR:17Fcb94
//".2.7
- ~.- - -- ------~~_. .. ._----....,,--_._-_._.,_.---_..--_.__.,..__.~-
COUNCIL AGENDA STATEMENT
Item /)..
-
Meeting Date 3/1/94
ITEM TITLE: Report: Proposed Child Care Element Work Program
~I!
SUBMITTED BY: Director of Planning A
Director of Parks and Recreatio~
REVIEWED BY: City Manager~ ~®ì (4/5ths Vote: Yes_No_XJ
On August 10, 1993, the City Council considered a request from the Chula Vista Child Care
Commission to authorize the preparation of a Child Care Element, or other ordinance provisions
as deemed necessary, to accommodate child care facilities in existing and planned City buildings.
After considering this proposal, the City Council requested the Commission to expand its scope,
and work with City staff to develop a comprehensive Child Care Element which would address
a variety of child care needs within the community. Since that time, staff from the Parks and
Recreation and Planning Departments have met with the Child Care Commission to identify the
specific issues which should be addressed in a Child Care Element, and to develop a work
program and schedule for this effort.
RECOMMENDATION: It is recommended that the City Council approve the proposed Child
Care Element Work Program, and direct City staff to continue to work with the Commission
in developing the proposed Child Care Element.
BOARDS/COMMISSIONS RECOMMENDATION:
On January 18, 1994, the Chula Vista Child Care Commission unanimously supported the
attached work program.
Members from both the Chula Vista 2000 and Chula Vista 21 Adult and Child Care
Subcommittees supported policy provisions to increase child care services in their final reports
to City Council.
DISCUSSION:
The proposed Child Care Element work program contains two major phases. Phase I involves
a review of the City's current regulatory process for new child care facilities in the City, as well
as a comparison of local regulations with State requirements and regulatory approaches of other
local jurisdictions. The intent of this phase is to identify ways in which the current regulatory
requirements for child care facilities, including Conditional Use Permit requirements, can be
streamlined and simplified. The recommendations of this phase of the study will be forwarded
1.2. - /
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Page 2, Item /)..
Meeting Date 3/1194
to the Ad Hoc Committee which is currently reviewing overall Conditional Use Permit
requirements for the City. Staff has been working with the Child Care Commission on Phase
I tasks since December. It is anticipated that this phase of the study will be completed in
March.
Phase II includes a review of existing City goals, objectives, and policies pertaining to child
care, and an evaluation of existing and future needs for child care facilities within the
community. Based on this evaluation, new policies and implementation measures will be
recommended for adoption. In conjunction with this phase of the work program, a public forum
will be conducted by the Child Care Commission and staff, in order to obtain input from the
community and existing child care providers regarding issues and needs which should be
addressed in the Element. It is anticipated that the draft Element will be completed in June, with
final adoption in August or September.
FISCAL IMPACT: The work program outlined above will be implemented by Planning
Department and Parks and Recreation Department staff, with staff time to be charged to the
General Fund.
Attachments: Proposed Work Program
(:\chldcrel.al1)
/ ~ . .)... /12-.3
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February 18, 1994
SCOPE OF WORK
CHULA VISTA CHILD CARE ELEMENT
OBJECTIVE: Joint Parks and Recreation and Planning Department study to assist the
Child Care Commission in determining the appropriate methods to
increase the availability of accessible and affordable child care facilities.
WORK PROGRAM:
PHASE I - REVIEW OF CHILD CARE REGULATIONS
Task 1: Initial Survey (Month 1-2)
1. Prepare a matrix table for the Child Care Commission summarizing the current
regulatory process by the facility type and the zoning district in which it is
located.
2. Review the local regulatory process for consistency with the State law pertaining
to zoning, fees, and State licensing and permitting requirements. Prepare a
matrix table summarizing the results of the consistency analysis.
3. Survey child care programs of other cities and assess for common issues and
effectiveness.
4. Conduct a survey of existing State licensed child care facilities operating in Chula
Vista to determine their location and extent by facility type and size.
Task 2: Review CUP Process for Permit Streamlining Potential (Month 1-2)
1. Evaluate opportunities for providing child care facilities in zoning districts where
they are not currently allowed.
2. Evaluate potential for increasing the number of zoning districts to allow small and
large family day care homes by right.
3. Evaluate potential for expanding the number of zoning districts to allow child care
centers to operate as an accessory use or as a conditional use, such as in the
commercial neighborhood or industrial zones.
/),'/
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4. Identify significant issues in Tasks 2.1 - 2.3 for each facility type considering
both its opportunities and constraints pertinent to land use, transportation, legal
and economic concerns.
5. Prepare a report to the CUP Advisory Committee with recommendations of Child
Care Commission. Child Care Commission to review recommendations of the
Committee and formulate final recommendations for City Council consideration.
6. Prepare brochure for public distribution summarizing available child care services
and the local and state application and permitting process.
PHASE II - CHILD CARE ELEMENT
Task 3: Preparation of Draft Element (Month 3-5)
1. Review existing goals, objectives and policies pertaining to child care.
2. Perform assessment of existing and future needs.
3. Evaluate opportunities for providing child care facilities in existing and planned
private, public and quasi-public buildings where appropriate and legally possible,
such as:
A. Providing a dedicated child care classroom in all newly constructed public
schools;
B. Providing opportunities' for child care facilities in city buildings (e.g.,
civic center, recreation! activity centers, community purpose facilities,
etc.), and ensuring that such facilities meet State minimum requirements;
C. Other opportunities, such as joint ventures with major employers, major
employer groups, social services and religious organizations, as well as
other public agencies; and,
D. Recommendations as to whether a certain percentage of Community
Development Block Grant (CDBG) funds should be designated for use by
agencies or ventures planning to operate child care facilities.
4. Identify significant issues in above tasks, and determine feasibility of alternative
approaches.
5. Hold Public Forum.
-2-
/J -..$'
6. Encourage joint Child Care Commission/Planning Commission/City Council
workshop.
7. Work with the Child Care Commission to select preferred alternative(s) to
implement Child Care Element.
8. Prepare final draft of the Child Care Element for final review by Child Care
Commission.
Task 4: Initial Study and Environmental Review (Month 6)
1. Conduct Environmental Analysis.
2.' Prepare Negative Declaration.
Task 5: Public Review and Hearings (Month 7-8)
1. Planning Commission Hearing.
2. City Council Hearing.
(f: \home\planning\ccar2 wrk. pro)
1 Additional time may be necessary if it is determined that an EIR is needed.
-3-
1.2 ...¡,
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EXCERPT
CITY COUNCIL MINUTES OF 8/10/93
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Excerpt from City Council Minutes of 8/10/93
16. REPORT PROPOSAL FOR Cl-DlD CARE FAOU11ES FOR NEW COMMUNl1Y
CENTERS/01Y FAOIJTIES . The Commission is recommending that the General Plan be ~ended to
include a child care elemen> for placement of child care facilities in existing and future public city buildings.
Staff recommends Council accept the report. (Child Care Commission) '.
George E. Hartman, Chair of the Child Care Commission, gave a brief history of the proposal, The
Commission had met with the Parks and Recreation Department and they endorsed the prograI1l' The idea
was to have a check-off so that when new construction of City buildings was started, they would already
have the right combination of rooms, restrooms, etc. to meet the requirements for a child care: facility,
Councilmember Moore expressed concern that the check list was idealistic and questioned where the
guidelines were obtained.
Mr. Hartman responded that several members of the Commission were in the business and had indicated
they were State guidelines. The check list included in the packets was an example only and the Commission
realized it would have to be developed in conjunction with experts regarding the requirements anll what was
feasible.
,
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(continued on next page)
I,), ~ y'
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Minutes "-
August 10, 1993 '"'-.
Page 6
.~~
Councilmember Rindone stated he had been in charge of a child care facility for three years and noted the
key to the facility was the cost of staff to operate a program. The check list should include minimum
requirements as per State guidelines and anything above that was desirable.
Councilmembti" Moore felt government could not do everything for evetyone. He questioned whether the
Commission had looked at joint efforts and if that would be inappropriate for a Child Care element of the
General Plan,
Robert Leiter, Director of Planning, responded the General Plan would look at a variety of ways to provide
a certain type of service. He felt it would be appropriate to have further discussions between staff and the
Commission regarding what the real scope of their effort was. It would not be inappropriate to talk about
funding of joint facilities in a Child Care element of the General Plan.
Councilmember Fox stated he had been a member of the Chula Vista 2000 Subcommittee and recognized
that if the recommendation passed the objectives listed and the check list were only conceptual in nature,
He agreed government could not do everything and that outside providers would be needed. One of the
major recommendations from the Subcommittee was the establishment of an intergenerational facility, He
felt it was a concept that should be reviewed.
MS (FoJV'Nader) to approve the recommendation of both the Child Care Commission and the Parks and
Recreation Department.
Jess Valenzuela, Director of Parks and Recreation, stated it was staffs intent to work with the Child Care
Commission and the Planning Department to identify a work plan that would be related to any type of
General Plan amendment that could add a Child Care element. Staff would return with the scope of work
and status of staffs' work with the Commission.
......)
Councilmember Moore stated one recommended a scope of work and the other a potential element of the
General Plan which he felt was different. It was his understanding the Parks and Recreation Department
did not have to wait for a General Plan amendment before they started a plan of their own.
Mr. Valenzuela stated the scope of work would identify what was necessary to do the update of the General
Plan, Staff needed to understand exactly what the Commission wanted to achieve and identify how much
staff work would go into that, He felt it would take approximately two months before staff would be
prepared to bring the scope of work to Council for review.
Mayor Nader stated he wanted to be clear on what he was voting on. The Commission recommendation
was clear and was the motion on the table. He felt what Mr, Valenzuela was saying was not inconsistent
with the motion on the floor, which was that as a portion of implementing the Commission recommendation
there would be a progress report, in the fonn of a work plan, brought back to Council after initial
consultation between staff and the Commission. That was fine as long as it did not develop into a process
where a lot of additional staff time and money was being spent on a work plan. He would encourage a
friendly amendment that staff not wait until a General Plan amendment was adopted and implemented to
proceed with any work that could be accomplished in the mean time towards providing child care.
Frienclly amendment: (Moore) to include a fifth objective - staff ensure to include potential joint venture
alternatives which would include major employers, major employer groups, social semce and religious
organizations, as well as other public agencies. Agreed to by the Maker and Second of the motion.
Friencllyamendment: (!Undone) the check list would provide the State minimum requirements and not what
was desirable. Agreed to by the Maker and Second of the motion.
VOTE ON MOTION AS AMENDED: approved 4-0-1 with Horton absent. .
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Minutes
August 10, 1993
Page 7
r
MS (Rindone!Moore) to direct staff to repon back to Council with recommendations regarding the
designation of a percentage of the CDBG monies to any agencies or ventures planning to operate child care
facilities.
Mayor Nader stated he was concerned with the motion as there was already a social service policy in the
City which was a guide for allocating CDBG social service funds. The Child Care Commission was one of
the commissions that made recommendations on CDBG social service funding and so their input had been
institutionalized into the process. He felt there were a number of non-profit organizations that needed
government funding also.
Councilmember Rindone stated the intent of the motion was to ask for infonnation with a potential
recommendation as to whether the City should have such a percentage.
VOTE ON MOTION: approved 4-0-1 with Honon absenL
Councilmember Fox requested the Commission revisit the recommendation of the Chula Vista 2000
Subcommittee regarding an intergenerational facility and make a detennination as to whether it was
feasible,
Mayor Nader stated his reading of the recommendation was that a plan would be developed in which there
would be criteria for what new City facilities would trigger the child care requirement.
Mr, Hartman responded that was the intent of their recommendation.
/:J.' /0
\
---.-.--
CHILD CARE COMMISSION
MINUTES OF 1/18/94
),2-/1
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CHILD CARE COMMISSION . ;~.... ,. ,-~.~,,, ~t~ . :,~
MINUTES OF THE JANUARY 18, 1994 MEETING
Tuesday 7:00 p.m. Parks & Recreation
January 18, 1994 Conference Room
******************************************************
CALL MEETING TO ORDER - 7:05 p.m.
1. ROLL CALL
MEMBERS PRESENT: Chair Hartman, Commissioners Stillwagon, Gish, Johns, Reeves;
Ex-Officio Members Randolph and Tressler
MEMBERS ABSENT: Commissioners Cavanah and Miehls
Mr. Morris indicated he had heard from Commissioner Cavanah, who was unable to
make the meeting due to family illness, Commissioner Miehls had not contacted
the office regarding her absence.
IT WAS MSUC (REEVES/GISH) TO GRANT COMMISSIONER CAVANAH AN EXCUSED ABSENCE DUE
TO FAMILY ILLNESS.
Commissioner Miehls' absence was recorded as unexcused inasmuch as she hadn't
called in. (NOTE: This is the second consecutive unexcused absence for
Commissioner Miehls,)
2. APPROVAL OF MINUTES
IT WAS MSUC (STILLWAGON/REEVES) TO APPROVE THE MINUTES OF THE NOVEMBER 16, 1993
MEETING AS SUBMITTED.
IT WAS MSUC (REEVES/GISH) TO APPROVE THE MINUTES OF THE DECEMBER IS, 1993
WORKSHOP.
ORAL COMMUNICATIONS
None.
ACTION ITEMS
Unfinished Business
3. Child Care Planning Policy
lance Fry, Assistant Planner, distributed a draft Scope of Work prepared by him
in connection with the Child Care Study. This document had also been reviewed
by both the Planning Director and the Parks and Recreation Director. Mr. Fry
explained that it was a two phase work program, the first phase consisting of an
initial survey of child care programs, and a reyiew of the City's regulatory
process to study its potential for permit streamlining. He discussed the various
issues inyolved in each of these tasks and the information that would need to be
I).. , J )....
gathered before a recommendation could be forwarded to the City Council. Phase
II involves the preparation of a draft child care element to the General Plan,
initial study and environmental reyiew, and public review and hearings before the
Planning Commission and City Council. It is estimated that this process will
take 6-7 months to complete.
MS (JOHNS/GISH) TO ENDORSE THE PROPDSED WORK PRDGRAM.
Discussion ensued between Commission members and Mr. Fry regarding the various
steps outlined in the Scope of Work. Member Randolph was particularly concerned
that the Child Care Commission have a chance to provide input into the staff
report rather than just "rubber stamping" it. Chair Hartman requested that the
absent Commission members be provided a copy of the work program for review as
well. Member Randolph again stated her desire to see a room provided for child
care in all new elementary schools, to be dedicated for that purpose prior to
construction. She felt this would be superior to the modular units now in
existence at some of the District's elementary schools. The Commission concurred
that this was an excellent goal, and Mr. Fry was asked to amend Phase II, Task
3, Subsection 4A of the Work Program, to reword this section to read:.
A. providing a dedicated child care classroom in all newly constructed
public schools.
AMENDMENT TO MOTION (AGREED TO BY THE MAKER AND SECOND OF MOTION) TO ENDORSE THE
PROPOSED WORK PROGRAM WITH AMENDED LANGUAGE IN PHASE II, TASK 3, SUBSECTION 4A.
VOTE ON MOTION: Approved unanimously,
Human Services Coordinator Morioka distributed a draft Child Care Planning Guide
prepared for the Commission's review. This guide is proposed to be available to
prospective child care providers to assist them in the process of securing their
license to operate. Commissioner Stillwagon felt that the steps indicated for
opening a Child Care Center did not indicate that the process has to be completed
within 90 days of application being filed with the State. She felt that
applicants should be aware of this requirement, and that they should complete the
other steps in the process (e.g., public hearings, building permits) prior to
actually submitting the State licensing application, which "starts the clock
running." Eyeryone agreed that the important first step is attending the
orientation meetings, The Commission will study the brochure further and be
prepared to make recommendations at the next meeting. There was also some
discussion about a step-by-step manual outlining in greater detail the process
and perhaps charg i ng a nomi na 1 fee for such a pub 1 icat ion. Member Tress ler
applauded the efforts of City staff in attempting to make the process simpler.
Mr. Fry indicated he will be bringing back some additional suggestions regarding
permit streamlining and zoning uses for child care for discussion at the next
meeting. The Commission thanked Mr. Fry and Ms. Morioka for their assistance.
New Business
4. Consideration of New Meeting Time
At the December 15 workshop, members discussed the possibility of changing the
meeting time to an earlier start, and the item was scheduled to be put on the
/,)" 13
, ....'-..-.--...-- - .-.--.,.----
agenda for the January meeting, Chair Hartman indicated that he would be unable
to commit to a 6:00 or 6:30 p.m. meeting time, and it was also indicated that
Commissioner Cavanah probably would have difficulty making an earlier meeting.
The consensus was to leave the meeting time at 7:00 p.m., but to make an attempt
to adjourn earlier.
5. FY 1994-95 Budget
MSUC (GISH/STILLWAGON) TO APPROVE THE PROPOSED FY 1994-95 COMMISSION BUDGET AS
PREStNTED BY STAFF.
REPORTS - FOR INFORMATION ONLY
6. None.
OTHER BUSINESS
7. Written Communications
Various publications received by the Commission ("Capitol Doorstep", "Child
Advocate News", etc.) were passed around for review. Mr. Morris asked that if
any Commissioners had borrowed copies of "Capitol Doorstep" in the past, he would
like them returned in order to keep them in a binder as reference materials for
the Commission.
8. Commissioner's Remarks
Ex-Officio Member Randolph reported that the Telecenter Committee is looking at
possible locations for a telecenter to be located near an existin9 child care
site.
9. Staff Report
None.
ADJOURNMENT AT 8:40 P.M. TO THE NEXT REGULARLY SCHEDULED MEETING OF FEBRUARY 15,
1994.
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COUNCIL AGENDA STATEMENT
Item 13
Meeting Date 3/1/94
ITEM TITLE: Report on Proposed Work Program for Advance Planning Division
>t'
SUBMITTED BY: Dkoctm of _ ,~'
REVIEWED BY: City Manager JG\ 't; (4/5ths Vote: Yes_No.1O
./:
At the time the proposed FY 1993-94 operating budget for the Planning Department was
presented to the City Council, it was requested that the Planning Department return to the City
Council at a later date with a specific work program for the Advance Planning Division. Since
that time, Plartning Department staff have worked with Administration and other departments
to formulate a proposed work program for the remainder of FY 1993-94, as well as a
preliminary work program for FY 1994-95.
RECOMMENDATION: That the City Council approve the proposed "Overall Work Program"
for the Advance Planning Division, with the understanding that the Planning Department will
return to Council with individual work programs, schedules, and funding plans for all new major
projects and programs,
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: The Planning Department is divided into three major divisions:
I) Current Planninl!
The Current Planning Division is responsible for:
· Review of proposed development projects for conformance with the City's
General Plan, Zoning ordinance, Design Review Program, Landscape Manual,
and other development regulations
· Conducting environmental reviews of projects in compliance with the California
Environmental Quality Act
· Providing information to the public regarding all planning and zoning matters
· Providing staff support to the Planning Commission, Design Review Committee,
and Resource Conservation Commission
13"/
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Page 2, Item I J
Meeting Date 3/1194
2) Advance Plannim!
The Advance Planning Division is responsible for:
· Developing and updating the City's General Plan and Growth Management
Program, as well as conducting special planning studies which implement the
City's adopted plans
· Representing the City in a variety of regional planning and growth management
programs
· Monitoring land use and demographic information for the City, including the
computerized Land Use Inventory and planning data bases to be included in the
Citywide Geographic Information System
· Providing staff support to the Growth Management Oversight Commission
3) Otav Ranch Communitv Planninl!
This division, which was added to the budget in FY 1992-93, is responsible for
coordinating review of development plans for the Otay Ranch project. The functions of
this division are similar to those of the Current Planning Division, but are directed only
to the review of the Otay Ranch project.
The work programs of the Current Planning Division and Otay Ranch Community Planning
Division are oriented toward providing specific development review services and are therefore
generally well-defmed, However, the work program of the Advance Planning Division is made
up of a combination of ongoing programs and special projects. Given the limited level of
staffing within this division (four professional planners and one planning technician at this time,
with an additional planner to be transferred from Planning Administration to Advance Planning
later this year), it is important that the projects undertaken by this division conform to overall
City priorities and goals.
In the FY 1993-94 proposed budget which was submitted by the City Manager and adopted by
the City Council, five priorities were identified for the Planning Department work program:
1) Otay Ranch plan implementation;
2) Permit streamlining activities and customer service improvements;
3) General Plan and Growth Management Program implementation;
1:1-)..
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Page 3, Item / J
Meeting Date 3/1194
4) Open space and conservation planning programs (such as the State Natural Community
Conservation Program and Clean Water Program Multiple Species Conservation
Program);
5) Geographic Information System development.
In response to this direction, Planning Department staff has worked with City Administration
and several other departments to develop a long-range overall work program for the Advance
Planning Division, which is designed to meet the priorities outlined above. It should be noted
that the ûtay Ranch Community Planning Division has lead responsibility for Otay Ranch Plan
implementation, and Current Planning Division has lead responsibility for permit streamlining
activities, while Advance Planning is the lead for the other three priority areas. However,
Advance Planning is involved in both Otay Ranch and permit streamlining activities as well.
In preparing this work program, staff has also attempted to maximize non-General Fund revenue
support to Advance Planning activities wherever possible, in response to direction which was
given to the Planning Department during the adoption of the FY 1993-94 budget.
The attached work program identifies three major categories of projects:
Categorv 1 - Ongoing programs and projects;
Categorv 2 - Special projects which have already been initiated;
Cate!!orv 3 - Special projects which have not been initiated at this time.
Given current staffmg levels in the Advance Planning Division, we have determined that the
combination of "Category 1" and "Category 2" projects will utilize approximately 85 to 90%
of available staff time in the Advance Planning Division during the remainder of FY 1993-94.
Therefore, it appears that only 2-3 additional projects from Category 3 could be initiated during
the remainder of FY 1993-94 without delaying progress on Category I and Category 2 projects.
Council approved the work program for the "Green Fleets" trip reduction program on
February 22, and staff will be bringing forward a work program for the Child Care Element on
March 1, and for the Park Implementation Plan on March 8. With the addition of these three
programs, along with recent direction by Council to pursue the Lower Sweetwater General Plan
Amendment, staff does not anticipate adding any further projects to the "Category 2" list during
the remainder of FY 1993-94.
Therefore, we view the "Category 3" list, with the exception of the projects cited above, as a
preliminary work program for FY 1994-95, recognizing also that several of the projects on the
"Category 2" list will not be completed during FY 1993-94 and will also need to be addressed
1')'3
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Page 4, Item I J
Meeting Date 3/1194
during 1994-95. It is our intent to bring this work program back to City Council during the FY
1994-95 budget process to receive further direction regarding the priority of new projects to be
undertaken during FY 1994-95. We will also provide Council with periodic updates of the work
program during the year, as well as whenever new projects are added.
In addition, as noted previously, the Planning Department has been pursuing non-General Fund
sources to support both ongoing programs and special projects within the Advance Planning
Division. In conjunction with the proposed FY 1994-95 budget, staff intends to provide Council
with a detailed report regarding revenue recovery within both the Advance Plartning Division
and the remainder of the Planning Department.
FISCAL IMPACT: None directly associated with this work program, However, prioritization
of projects, as decisions regarding use of non-General Fund revenues to support such projects,
will have a long-term impact on the General Fund. Therefore, staff will continue to provide
detailed information regarding costs and revenue sources with individual project work programs
as they are presented to Council.
(b5:\adplan.al1)
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