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HomeMy WebLinkAbout12-Parking Control From: WAYNE OVERSTREET, Supt Public Buildings/Parking Control Public Buildings/Parking Control March 11, 1987 - REQUEQ FOR COU,JJCIL 'fc;oN 1';, ~., ., Subject: ENFORCEMENT ,OF PARK11~JIO(~gNS PROCEDURESj I.? ~ () I tl~ ~.. '710., . '<) Ci10 OF SAN BERNARDI CD Dept: Date: Synopsis of Previous Council action: 8-4-86,.. ,Adopted Resolution No. 86-326 authorizing the Superintendent of Public Buildings/Parking Control to cancel certain uncollectable parking citations, 5-5-86",.Approve in principle the immobilization of vehicles of habitual parking offenders. 7-7-86... ,Directed the Public Works Department to diligently enforce the parking violations, with a status report back to the Council in three months, Recommended motion: That the report on pol icies and procedures be accepted and filed and that the Superintendent of Public Buildings/Parking Control, and City Attorney be directed to implement provisions of Senate Bill 942 and the Memorandum of Understanding between the City of San Bernardino and the Municipal Court. cc: City Administrator City Attorney Di rector of Pub 1 i c ~Iorks Director of Finance Supporting data attached: Yes Phone: 383-5244 Ward: All Contact person: Wayne Overstreet FUNDING REQUIREMENTS: Amount: N/A Source: Finance: Council Notes: Aaenda Item No. /1.,. _ c.tOOF SAN BERNARDIO - REQUEO FOR COUNCIL ACT:1N STAFF REPORT In July of 1986 a proposed amnesty program was recommended by the staff for outstanding parking citations, reference item 17 of the July 7th Council Agenda, An indepth review of the parking citation program was made and the Council directed the Public Works Department to diligently enforce parking violations and report to the Council in three months, (See attachment No. 1). Public Buildings Staff has pursued this effort and a detailed standardized procedures was established. We found that in November 21, 1983 a Memorandum of Understanding (MOU) between the San Bernardino Municipal Court had been entered into. This MOU designated the City Parking Citation Coordinator as a Deputy Clerk in and for the said court and said county for the purpose of accepting bail, pleas of not guilty, and placing holds on vehicle registration for parking violations, This MOU (attachment No.2) set forth procedures for such action, for the administration of this program, The city would retain all monies except DMV charges which is currently $1.00 per citation, Monies collected by the court would be returned to the city by prior agreement. The City Attorney is to diligently prosecute habitual (5 or more unpaid citations) parking violators, This procedure outlined in our MOU conforms to Assembly Bill 942, Section I, which requires standardized procedures to go into effect not later than January 1, 1987. This Bill was enacted to insure that a standardized, uniform procedure be implemented to insure that all persons would be treated equally, This section is quoted as follows: SECTION 1, The Legislature finds and declares that vehicle parking violations are not being processed in uniform or consistent manner and that the existing statutory procedures are causing confusion to the courts, the issuing agencies, and the people and are resulting in practices which may offend constitutional requirements of procedural due process. The Legislature further finds that existing procedures for processing parking violations cause conflict in the allocation of parking fine revenues between the affected local authorities, The Legislature further finds that existing procedures are permitting some persons to accumulate excessive numbers of unsatisfied parking violations while, at the same time, causing others to be subject to excessive fees or the loss of their vehicles through liens for which they have had neither notice nor opportunity to be heard, 75-0264 3-11-87 o 3-11-87 c. o o Based upon this Senate Bill, if such a program is not adopted it is conceivable that the City of San Bernardino could lose 80% of the parking citation revenue which we estimate to be in excess of $200,000 annually. If our recommended procedures are adopted, it would: 1. Comply with the provisions of SB 942, 2. Comply with the MOU between the City and Municipal Court. 3. Standardize the handling of citizen's request for a court hearing (One Stop Service), 4. Reduce workload in the City Attorney's office, 5. Provide a more effective management control system of parking citations. 6. Provide the city with greater revenue. 7, Reduce citizens complaints and relations. enhance public It is recommended that the Mayor and Council approve our proposed standardized procedures (attachment No.3) and authorize the Public Buildings Superintendent to implement these procedures, WAYNE Pub1i Buildings/Parking Control WO:ma1 o o o ~,~ . o COUNCIL ACTION CORRESPONDENCE To Roger Hardgrave, Director of Public Works/Engineering Sub~~ Proposed Amnesty Program - Out- standing Parking Citations Oa~ July 14,.1986 Meeting Date July 7, 1986 Agenda Item No. 15 (2) Action The Public Works Department was directed to diligently enforce the parking violations, with a etatus report back to the Council in three months (October 6,1986). -"'--- SC:pa ee: Wayne Overstreet, Superintendent of Public Buildings, Security and Parki.g Control <:1- !O ., -I ?, \0,'8 .,S' , .".... ~, "VJ\".. ..".,\\ ,.., :'t~; .~~,;<.'!/' ., I,' ' "T-:i~'.. AlC H :1 ......'-,~ o 0 Q No, 6.51 0 CITY OF SAN _RNARDINO - REQUEST FOR COUNCIL ACTION m: Roger G, Hardgrave 1tIt"I,-UNII, ........t: t: Pub1 ic Works/Publ ic Buildin/NIS JJH -S PH 3: S9 Om: 6-5-86 Proposed Amnesty Program -- Outstanding Parking Citations Synopsis of Previous CouncillCtion: 6-02-86 -- Accepted recommendation from Legislative Review Committee for immobilizing vehicles of habitual parking offenders by application of a "boot," Recommended motion: ~ That the proposed amnesty program for outstanding parking citations be referred to the Legislative Review Committee for review and recommendation, ~ cc: John Matzer, Jr, Ralph Prince Wayne Overstreet OAA"'~ Signature "'--'- I Contact person: Y~yn~ nVA~ct~DD+ Phone: 5244 N/A Supporting data attlChed: Staff Report Ward: FUNDING REQUIREMENTS: Amount: N/A Source: Finance: ~'uncil Notes: -~ 75- 0262 Agenda Item NO~~_ A'TC ,., J '~IT'f OF SAN BBRNARDlib - R.QUE~ FOR COUNCIL ~N STAFF REPORT The Public Buildings Division is inputting data on the Parking Control Enforcement Program into the City's computer. There are a tremendous amount of unpaid citations from habitual offenders. In order to purge the system of the large volume of outstanding citations, Wayne Overstreet has proposed that an amnesty program be implemented. Under this program, the $13.00 late charge would be waived, as an incentive for persons with unpaid citations to come in and pay the fine, This program would be in effect for a short period of time before the "boots" are placed in service, Advantages of an amnesty program are: 1. Purge Parking Enforcement Program of outstanding citations. 2, Generate immediate revenue (perhaps $50.000). Disadvantages would be: 1, Penalize persons who comply by paying citations promptly, 4.'7 We recommend that the proposed amnesty program be referred to the Legislative Review Committee for consideration, ....... ~ ....., Q SAN BERNARDIt...J cOUNTY MUNOPAl ...;OURT DISTRICT 0 CENTRAL DIVISION Second Floor. Courthouse, San Bernardino, CA 92415 November 7, 1983 City Attorney City of San Bernardino 300 N. "D" Street San Bernardino, CA 92401 Dear Sir: If you would be interested in accepting pleas of not guilty.on behalf of the Municipal Court so that de-. fendants would need to appear only once in court, please sign the Oath of Office (Attachment A) and Memorandum of Understanding (Attachment B) and return them to this office. '- As soon as they are on file with the San Bernardino County Municipal Court, you may accept pleas of not guilty on parking citations pursuant to the attached procedure (Attachment C), Very truly yours, QYAN -- Division Manager J Attachments ,t .{ .... II} (t !~r~ ~. 1) l'(?) ~-Y' A7t!N* ~ A P P 0 I NTH E N T 0 0 0 0 STATE OF CALIFORNIA ] ] ss. ~OUNTY OF SAN BERNARDINO ] I, FREDERICKA HANCOCK, HUNICIPAL COURT ADHINISTRATOR, OF THE SAN BERNARDINO COUNTY MUNICIPAL COURT DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, HEREBY APPOINT MILDRED t10UNGER .AS A DEPUTY CLERK IN AND FOR SAID COURT AND FOR SAID COUNTY fOR THE PURPOSES OF ACCEPTI~ BAIL, PLEAS OF NOT GUILTY, AND PLACING HOLDS ON REGISTRATION FOR PARKING VIOLATIONS. IN WITNESS November WHEREOF, I , 19~. HAVE HEREUNTO SET HY HAND THIS 21 DAY OF FREDERICK HANCOCK HUNICIPAL COURT ADHINISTRATOR * * * * * * * * * * * * * * * * * * OATH o F OF. F I C E... STATE OF CALIFORNIA ] ] ss. COUNTY OF SAN BERNARDINO ] '- I, MILDRED MOUNGER , do solemnly swear (or affirm) that I will support and defend the Constitution of the State of California against all enemies, foreign and domesticl that I will bear true faith and allegience to the Constitution of the United States and the Constitution of the State of Californial that I take this obligation freely and without any mental reservation or purposes of evasionl and that I will well and faith- fully cischarge the duties upon which I am about to enter. .~' ~ . 1.; . I I J. / . '/ /--'..hl'./': ,pn 7d..-<./ Subscribed and. sworn to before me this -.:z 3 day of ~. , 19~ --( ~j?.CJ21,Ql fJ I{/I (~ D~~?ut L o '- - o o o -" MEMORANDUM OF UNDERSTANDING Effective November 21, 1983 , the Parkin!! Citation Coordinator will commence accepting pleas of not guilty on parking citations and set cases on the Municipal Court Central Division court trial calendar, To this end attached to the Memorandum is a signed Appointment and Oath of Office to be filed with the San Bernardino County Municipal Court, - o o o o .~ NOT GUILTY PLEA PROCEDURE - PARKING (CITY CLERKS)- On Monday I I , of. each week you may call the cal~ndar coordinator, 383-2705, and ask for that week's non-custody court,trial setting dates. , , She will give you a specific week usually set a month in the future. I You pick a date from that week that is convenient t? the defendant , and write that date on'the "Notice of Arraignment ard Trial Date"form. Complete the rest of the form by printing tpe defendant's name, case number, which is the citation number, and fill in the amount of bail required. The defendant must post the required bail ~ by either check or money order made out to Municipar Court before the Case is set up for trial. write Pd (Paid) next to ~heamount. By doing this, should the defendant fail to appear for his arraignment/ i " trial, bail will automatically be forfeited with no: further proceed- ings. All court trials are held in Department D at 8:00 AM sharp. If the defendant is the least bit late, his trial is automatically heard in absentia. Ask the defendant to date and ~ign the form. I Initial the box on the reverse side of the form wh~ch indicates to , \ the defendant that he may post and forfeit the bai~ posted by simply I contacting the court within ten (10) days prior to his trial date. Give the yellow copy of the notice to the defendan~for his records. // C / the "-1 subpoena the citing officer to appear for ihe court trial by making a copy of the citation and either write or stamp the copy of citation with the following: "'1 , , "J ( .~ , SAH Jl!RNARD SUBPOENA . OFFICER IHO MlINICIPAL COURT, CENTRAL DIV. DATE BADGE , . T1)(F., OQ. f' -;. - - '-- " <:'''' ',) ". i ,0 '-"" ~ o o NOT GUILTY PLEA PROCEDURE - PARKING (Cont'd) Fill in the pertinent information and send it to proper agency. o Page 2 Write the date subpoena was issued on'the lower portion of the "Notice of Arraignment and Trial Date" form and write: Copy of cite to S.O. or S.B.P.D., whichever the case may be and initial this entry. This will let the court know that all parties have been notified. ./' / Mail the c~ck, the court copy of the cit~fion, the and the original (white ~opy) of the "Notice of Arrai~nt ~ complaint and Trial Date" form to San Bernardino Municipal Court for further processing, --- " 10/83 1. F-i 11 out the l..UI"Ir.~IIIHJ rr\UvLVUI\t-...J ~ O' 0 "NOTICE OF' ARRAIGNMENT AND TRIAL DATE" o Form "A" (SEE ATTACHED COpy) - o IF POLICE OFFICER WROTE THE TICKET, CHECK DIRECTIONS UNDER SUBPOENA BEFORE SETTING A COURT DATE. 2. Defendent must post bail by CHECK or MONEY ORDER ONLY in the amount of the citation. (If after 30 days, collect amount of citation plus fine) 3. Write "PAID" next to the amount. 4. Have the defendent sign and date the form. 5. Initial the box on the REVERSE SIDE. 6. ORIGINAL to court. YELLOW copy to defendent COpy for' office file 7. Hand carry ON WEDNESDAYS, the CHECK, COURT COPY OF CITATION and the ORIGINAL WHITE COpy of the "N TICE ARR IGNM NT to: San Bernardino Municipal Court for further processing 8. Make copy of the DEFENDENTS CHECK for our filel plus copy of TICKET CONTESTING PROCEDURES (Bt 1. Fill out the "COMPLAINT" form (SEE ATTACHED COpy) 2. DISTRIBUTION ORIGINAL: YELLOW: PINK: Goes to the Municipal Court with the "NOTICE OF ARRAIGNMENT" To be mailed to defendent after'filed in court and has Case No. Office file copy 3, Pull Pink and it goes to court with the Original. 4. Place our copies of "A" & "B" in "CONTESTING FOLDER", top draw of file. 5, Call P,D. for 28 to be attached to officers copy. 6. After the heari ng, Offi cer wi 11 return the "PARKING CITATION COURT DISPOSITION" It will be attached to our office copy. (See attached samples) SUBPOENA 1. SUBPOENA the citing officer to appear for court trial by making a copy of the citation and write or stamp with the following: SUBPOENA SAN BERNARDINO MUNICIPAL COURT, CENTRAL DIVISION OFFICER BADGE NO. DATEArpe""'l\o lh r.,..\ TIME ll,O(! A....DEPT, D , NAME OF DEFENDENT 1. If ti cketwas wri tten by Pol ice Offi cer, check to see if offi cer will be available on the court date by calling Chris Bristol, Subpoena Clerk (384-57291 first, 1f1'CII.M. o o o (0) - IN THE SAN BERNARDINO COUNTY MUNICIPAL COURT DISTRICT NOTICE OF ARRAIGNMENT AND TRIAL DATE e , - D CENTRAL X D WEST VALLEY Name 0 VALLEY FileNo. D CHINO Cit/ll-ioh -#. Address )( D EAST Case No. D VICTORVILLE )( D BARSTOW Ci-l-A..J.fon Da.-k City D MORONGO BASIN Date D wnl'k Ati~ ' This violation is an INFRACTION. BAIL is $ ~{, of T I'chef and must be returned immediately along with the signed white copy of this form. Keep the yellow copy for your records, You are advised that you have the following constitutional rights: To a public trial. To a speedy trial (within 45 days). To a trial by court. To see, hear and question all the witnesses against you, To present evidence in your favor and either to testify for yourself or if you wish. to remain silent. To have the trial judge order into court all of the evidence and witnesses in your favor without cost to you. To have a qualified lawyer defend you before, during and after the trial at your own expense. To be admitted to a reasonable bail. To have an extension for seven days to consult with your attorney before signing this form or deciding not to. To know the nature of the charge and the possible penalties, (Most Vehicle Code infractions carry a maximum penalty of $100,00 plus a mandatory penalty assessment.) You are entitled to appear in court to be informed of the charges against you. to be advised of your rights and to enter a plea, This procedure is called an arraignment and you have a right to have at least five days after you are arraigned to prepare for trial. For your convenience, however. you may request the clerk to set your case for arraignment. plea and trial on the same day by filling out this form. This will permit you to have your trial without the necessity of making a separate appearance before the court for arraignment. I intend to plead not guilty, and request that my case be set for arraignment. plea and trial on the same date, I understand I will have a trial by Judge, I agree to appear for arraignment, plea and trial on Dc ~ the; at 9:00 .M., in Dept,~, * 'I-l! wrd-+e", b Pclfcc? offi.e... J I will be ready for trial at the above time. the.::.k. ~ see:' i o{fi.;.e... wil\ be Q.vL\.ilc....hle F'-"l~. _ CAli ChN'~ 8rl's-\vl~ S\..l.bf'an...... I HAVE READ AND UNDERSTAND THE ABO-Si',erl<.. -(381-f1!1. 57:1..<1) x. )< Dated Defendant X Address o " .1 " , '. " .. o o PARKING CITATION COURT DISPOSITION CITY OF SAN BERNARDINO PUBLIC BUILDINGS . , DISPO DATE , \ CITATION # \ LICENSE # D DEFENDANT FAILED TO APPEAR. REQUEST THAT APPROPRIATE ACTION BE TAKEN. . ' ,,' CITING OFFICER: Upon adjudication of this citation, complete the disposition informa- tion listed below and return this copy to Public Buildings/Parking Control, o DISPOSITION CODES Before Trial 01. Bail Forfe~ted o 2. Dismissed U/O Appearance o 3. Dismissed after Appearance o 4. Guilty Plea, Fine Paid o 5. Guilty Plea, Fine Suspended After Trial, Before Evidence: [j 6. Dismissed/Acquitted o 7. Convicted/Fine Paid [] 8. Convicted/Fine Suspended After Trial, After Evidence: (J 9. Dismissed/Acquitted (]lO, Convicted/Fine Paid till. Convicted/Fine Suspended - - - - - - - - - - - - - - - - - - - - - - FINED: $ CITING OFFICER DATE , - o COMPLAINT, ( B) t - , '1 :L Yi6Jf;ss \ , . INOE SAN ElERIMRDllm C, J-lT~UNICIPAL COu-( DIST, ';T, CENTRAL DIVISI~ COUNTY OF SANM'RNARDINO, STATE~ CALlFORNIAJ Second Floor. Couhlv Courthouse. San Bernardino, Calif. Plaintiff VIOLATION DATE LICENSE NUMBER STATE Mo, I o.v'! Year 11 18 85 WHOOZAT CA VIOLATIONS S.B.M,C. 10J4.2008 I LOCATION I Emp, Parking Lot CASE NO, FILE NO, CITATION NO.~RP 1(,194 THE PEOPLE OF THE STATE OF CALIFORNIA, ~ .. VI MARGIE HELLAND Defendant THE UNDERSIGNED, CERTIFYING UPON INFORMATION AND BELIEF, COMPLAINS THAT ON OR ABOUT THE SAID DATE IN THE COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, THE CRIME OF VIOLATION OF SAID SECTIONISI. SHOWN ABOVE OF THE REGULATORY ORDINANCES OF THE CITY OF SAN BERNARDINO, AN INFRACTION WAS WILFULLY AND UNLAWFULLY COMMITTED BY SAID DEFENDANT, ALL OF WHICH IS CON. TRARY TO THE FORM. FORCE AND EFFECT OF LAW AND AGAINST THE PEACE AND DIGNITY OF THE PEOPLE OF THE STATE OF CALIFORNIA. I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Executed at San Bernardino. California on September 17, 1986 \ Final Notice to Appear Final Notice Bail S Warrant Issued Warrant Bail S CASH BAIL MAY BE FORFEITED. (Complainant) Garol~A_~e~_~ DCel'....+\ o.f 4h( 0"'..+ DECLARATION OF PERSON SIGNING COMPLAINT I HEREBY DECLARE THAT AS A PART OF MY DUTIES. I HAVE CHECKED AND ASCERTAINED, OF MY OWN KNOWLEDGE. THAT THE CITATION ATTACHED TO THIS COMPLAINT WAS PREPARED AND ISSUED ALLEGING THE VIOLATION(S) INDICATED THEREIN AND SIGNED BY THE OFFICER WHOSE SIGNATURE APPEARS THEREON, ~:r:.ua;1oI\'I. CHEClIQ('OfX%tl&)ftttIDRBSlOFX%MR Df~10adl4Qma:ltiMlQ:iSt:6Ali:UM6ti1:Ol;i:A"1f0RNt~fli)/~~lIlflftils&N fo.tAMfI)XlNClntlx~lWA5lClON< ll'ld2 xa<<JSclOfx ts6UAN~lOf'xjfMi>OlD1dQN~fWE RC61StliJtEOCGWNERCIDltlfHElnIKIQ;,I! ElIiSCRlBSO:~1:A'l'I0N ~XXlMIU1IIT, EXECUTED ON Sep~ember 17. 1986AT SAN BERNARDINO. CALIFORNIA I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. (OURLDJ.}'_E: 9=2-4~.S6 '3:00 a.m. !:'ep~-.E-- _LD"I"'~'\ 0+ The c..OlAr+ (Signatura>> Carol Auerbach X-I.ell.oll.--..Ec.c;re Lsr" -- .... --' ITitl.) .w o :lATE ISSUED: :~T TRIA:'S -,' . .\~:OOam , DEPT ]) ?RE-TRIALS (TO BE ASSIGNED) :lEPT E '. COURT TRIALS :tl'i> f e.. b... 2. 7 ~ sc}~~ !, D, D,\TES 30 DAYS ' '. o o '. . ' .... . ..~: . .. - TUESDAY \~EDNESDAY THURSDA~' . .. FRIDAY 'h ':-10NDAY . .' 3,~/~ )-17 3-1,8 3..,- , ~ 3-10 . . NOTE. N:S~tNEANCR AND AT.OPNEY PEPRESEnTED CCURT TRIALS SHALL IE SET ON THURSDAYS ONLY FCR D,A. APPEARANCE . . MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY PRO SER PRIV ATTY PRIV ATTY PUB DEF' PUB DEF 1: 3 pm 8:30am 8:30am 1:30pm 1:30pm . PUB DEF PUB DEF CUSTODIES 1:30pm 1:30pm DEPT. F **PlIB DEF rl C:Ull.r , '''' n Dn ,... <>,I\'\au 3 -Ita 3-11 3-\8 5-:-1~ 3 -:(0 ,', . " , . . ," . ' SCHEDULE OF . . TRIAL DATES 45' DAYS , MONDAY TUESDAY \~EDNE D THURSDAY FRIDAY , 3~l~ 3-13 3-1~ 3-1 3-2L NOTE, ~ISCE~EANOR AND ATTORSEY R[P~ESENTED COURT TRIALS SHALL BE SET OK ,HURSDAYS ONLY FOR D,A. APPEARANCE PRE-TRIALS MONDAY TUESDAY t~F.("\ "'c: THURSDAY FRIDAY PRO PER PRIV ATTY PRIV ATTY PUB DEF PUB DEF (TO BE ASSIGNED) 1:30pm 8: 30am 8 :.30am 1:30pm 1:30pm DEPT PUB DEF PUB DEF CUSTODIES ~ DEPT, F ..p 3-~3 3~;<'-/ 3 -J.c, 3-~7 \-)uBi' \ _. ~../~"'[~:SDEPS" ~OT TO VACA.t FC~ CAL SET AT 1,30pm. FRIDAYS ONLY IN DEPT. 1 ~.~~~~{7'" s:eH~ COU~i I~RArr:CJ SET ON 1ST AND lRD THURSDAY OF EACH /. '_"" /\ ~vSTH - 6~O NCHIt LA CADENA, COLTON (CHECK-IN AT 5,30pml ~:;.. \..,.#....~,:.-.;6-:'L. H.\:7tilS i"~ el':'Y A'i'TCflSEY W:LL at HtARD ON WEDNESDAYS CJUDCE$ HINS S/a/S6) ~ ,', ,"-'::.S,,}~ CCrlES ';t'. N. HC,UNCEP. PAU:SC CC'NTPC'L. 3DO N. .D' ST.. 5192411 O~ ......( I~"""'" TC" C,JUE - ::,,~ DA~TON R~.. CRAND TERRACE. 9212C ' ....../. '<'~.::u PA" O'C"'''B - 111:8 "'S~E~SON ST,. LOHA LINDA. 9215C ~-" .... ? C:;' . -