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HomeMy WebLinkAbout2022-01-27; Amendment to Police Parking Citations; Williams, MickeyTo the members of the: C,ITY fOUNCIL Dat� �mL_:ia;A V CC /,,--­ CM VACM � DCM (3) .J::;::; Jan. 27, 2022 Council Memorandum To: Honorable Mayor Hall a From: Mickey Williams, Chief of Via: Scott Chadwick, City Ma ag Re: Amendment to Police Par mg Citations {_city ofCarlsbad Memo ID #2022015 This memorandum provides information related to an amendment to the Police Department's parking citations. Background A recent audit of the parking citations currently in use by the Police Department revealed that the citations were not in compliance with California Vehicle Code section 40220. When parking penalties are unpaid, the city can proceed to collect the unpaid fees by submitting an itemized list of unpaid fees to the Department of Motor Vehicles (DMV) for the DMV to collect with the vehicle registration. In order for the DMV to collect unpaid parking penalties with the vehicle registration, Vehicle Code section 40220 requires notification of a payment plan option for indigent persons be placed on all parking citations, as an option for resolving parking citation fines by qualifying individuals. Notification of the availability of a payment plan for indigent persons must also appear on the City of Carlsbad's official website and the third-party vendor website (www.pticket.com/carlsbad) currently in use for the general public to pay parking citation fines. The Police Department is currently in the process of amending parking citations to be compliant with legislation and working with the Finance Department to establish an application process. The City's website and vendor's website will also be updated to comply with Vehicle Code section 40220. Discussion The full text of California Vehicle Code section 40220 is Attachment A of this council memorandum. The Police Department's citations and the city and vendor websites are being updated to include the information required by the following subsections of California Vehicle Code 40220: (ii)The processing agency includes the information described in subclauses (I) and (II) in the notice of parking violation and includes both in the notice of parking violation and on its public ir;iternet website, a web page link and telephone number to more information on the payment program. Each processing agency shall ensure that the linked internet Carlsbad Police Department 2560 Orion Way I Carlsbad, CA 92008 I 760-931-2100 t Council Memo -Amendment to Police Parking Citations Jan.27,2022 web page is readily accessible in a prominent location on the parking citation payment section of the agency's internet website and includes all of the following information: (I)The availability of an installment payment plan and the timeframe in which to apply. (II)The person's right to request an indigency determination and the timeframe in which the person must apply. (Ill) Clear language about how the person can request an indigency determination and what that determination will entail. (IV)Documents needed by the processing agency to make an indigency determination. Carlsbad Police Department parking citations will have the following information printed on the back of each newly printed parking citation. The required information will also be located on the City's website and the third-party vendor site that currently manages parking citation payments: CVC 40220 allows for installment payments to qualifying low-income individuals who apply within 120 days from the issuance of a notice of parking violation, or within 10 days after an administrative hearing determination, whichever is later. For more information, including about applying and determining if you qualify, please call (760) 602-2402 or visit our websites, www.carlsbadca.gov or www.pticket.com/Carlsbad. A payment plan application form will be required. Adding the above language will bring the Police Department into compliance with existing statutory requirements for submitting unpaid parking penalties to the DMV for collection with a vehicle's registration. Applications for the Indigent Payment Plan will be located on the City's website and processed by the Finance Department. To be eligible, the person must meet the income criteria set forth in subdivision (b) of section 68632 of the California Government Code (Attachment B) or the person receives public benefits from a program listed in subdivision (a) of section 68632 of the California Government Code (Attachment B). No additional costs are incurred from amending the citations. Citations are being printed and ordered as part of a normal, budgeted replenishment cycle. There are sufficient funds in the Police Department's Fiscal Year 2021-2022 operating budget to cover the costs. Next Steps The Police Department will bring parking citations into compliance with required legislation. The amended citations are currently being processed by the vendor. The Police Department will work with the Finance Department to establish an application process for the 'Indigent Payment Plan.' Required language will be added to the appropriate city and third-party websites. Attachment: A. B. Complete text of California Vehicle Code section 40220 California Government Code section 68632 (a) and (b) Cc: Geoff Patnoe, Assistant City Manager Celia Brewer, City Attorney Attachment A CVC40220. (a) Except as otherwise provided in Sections 40220.5, 40221, and 40222, the processing agency may proceed under one of the following options in order to collect an unpaid parking penalty and related service fees: (1) (A) File an itemization of unpaid parking penalties and related service fees with the department for collection with the registration of the vehicle pursuant to Section 4760. For unpaid parking penalties issued on and after July 1, 2018, and related service fees, the processing agency shall not file an itemization with the department unless all of the following conditions have been satisfied: (i) The processing agency provides a payment plan option for indigent persons that, at a minimum, does all of the following: (I) Allows payment of unpaid parking penalties and related service fees in monthly installments of no more than twenty-five dollars ($25) for total amounts due that are five hundred dollars ($500) or less. The amount of late fees and penalty assessments waived pursuant to subclause (11) shall not be counted in calculating that total amount of five hundred dollars ($500) or less. Unpaid parking penalties and fees shall be paid off within 24 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring. (11) Waives all late fees and penalty assessments, exclusive of any state surcharges described in Sections 70372, 76000, and 76000.3 of the Government Code, if an indigent person enrolls in the payment plan. Waived late fees and penalty assessments may be reinstated if the person falls out of compliance with the payment plan. (Ill) Limits the processing fee to participate in a payment plan to five dollars ($5) or less for indigent persons. The processing fee for an indigent person may be added to the payment plan amount, at the discretion of the indigent person. If a processing agency offers a payment plan option to persons who are not indigent, limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less. (IV) Allows a person a period of 120 calendar days from the issuance of a notice of parking violation or 10 days after the administrative hearing determination, whichever is later, to file a request to participate in a payment plan. (ii) The processing agency includes the information described in subclauses (I) and (II) in the notice of parking violation, and includes both in the notice of parking violation and on its public internet website, a web page link and telephone number to more information on the payment program. Each processing agency shall ensure that the linked internet web page is readily accessible in a prominent location on the parking citation payment section of the agency's internet website and includes all of the following information: (I) The availability of an installment payment plan and the timeframe in which to apply. (II) The person's right to request an indigency determination and the timeframe in which the person must apply. (111) Clear language about how the person can request an indigency determination and what that determination will entail. (IV) Documents needed by the processing agency to make an indigency determination. (iii) The person fails to enroll in the payment plan within the time specified in the notice or is not eligible for the payment plan because the person is not indigent. Attachment A (B) The processing agency shall allow a person who falls out of compliance with the payment plan a one- time extension of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency files an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A). (C) The processing agency shall rescind the filing of an itemization of unpaid parking penalties and related service fees with the department for an indigent person, for one time only, if the registered owner or lessee enrolls in a payment plan and pays a late fee of no more than five dollars ($5). (D) (i) Each California State University and community college district governing board shall adopt a parking citation payment plan for persons with multiple unpaid parking citations. A parking citation payment policy adopted under this subparagraph shall include, but not be limited to, all of the following requirements: (I) Late fees shall be placed in abeyance while the payment plan is in place and the person adheres to its terms, and shall be waived once the payment plan is completed. (II) Once the payment plan is in place and the person adheres to its terms, an itemization of unpaid parking penalties and service fees as described in subparagraph (A) shall not be filed with the department. (Ill) Each California State University and community college district campus shall post the parking citation payment policy on its internet website for students' awareness and access. (ii) A California State University or community college district governing board that fails to implement a parking citation payment plan pursuant to clause (i) shall implement the payment plan as provided in subparagraphs (A) to (C), inclusive, and subdivision (c). (2) (A) If more than four hundred dollars ($400) in unpaid penalties and fees have been accrued by a person or registered owner, proof thereof may be filed with the court and shall have the same effect as a civil judgment. Execution may be levied, and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debtor. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 21 calendar days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The person or registered owner shall also be notified at that time that execution may be levied against their assets, liens may be placed against their property, their wages may be garnished, and other steps may be taken to satisfy the judgment. If a judgment is rendered for the processing agency, the processing agency may contract with a collection agency to collect the amount of the judgment. (B) Notwithstanding any other law, the processing agency shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested. (3) If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the citation has not been collected by the department pursuant to Section 4760, file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided in paragraph (2). (b) This section does not apply to a registered owner of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle, and the department has notified the processing agency pursuant to Section 4764. Attachment A (c) (1) For purposes of paragraph (1) of subdivision (a), a person is "indigent" if any of the following conditions is met: (A) The person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code. (B) The person receives public benefits from a program listed in subdivision (a) of Section 68632 of the Government Code. (2) The person may demonstrate that the person is indigent by providing either of the following information, as applicable: (A) Proof of income from a pay stub or another form of proof of earnings, such as a bank statement, that shows that the person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code, subject to review and approval by the processing agency or its designee. The processing agency or its designee shall not unreasonably withhold its approval. (B) Proof of receipt of benefits under the programs described in subparagraph (B) of paragraph (1), including, but not limited to, an electronic benefits transfer card or another card, subject to review and approval by the processing agency. The processing agency or its designee shall not unreasonably withhold its approval. (3) If a defendant's indigent status is found to have been willfully fraudulent, the defendant's penalties and fees reduction shall be overturned and the full amount of penalties and fees shall be restored. (Amended by Stats. 2020, Ch. 55, Sec. 1. (AB 3277} Effective January 1, 2021.} Attachment B GOV 68632. Permission to proceed without paying court fees and costs because of an applicant's financial condition shall be granted initially to all ofthe following persons: (a) An applicant who is receiving public benefits under one or more of the following programs: (1) Supplemental Security Income {SSI) and State Supplementary Payment {SSP) (Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code). (2) California Work Opportunity and Responsibility to Kids Act (CalWORKs) (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code) or a federal Tribal Temporary Assistance for Needy Families (Tribal TANF) grant program (Section 10553.25 of the Welfare and Institutions Code). (3) Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code) or the California Food Assistance Program (Chapter 10.1 (commencing with Section 18930) of Part 6 of Division 9 of the Welfare and Institutions Code). (4) County Relief, General Relief (GR), or General Assistance (GA) (Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code). (5) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) (Chapter 10.3 (commencing with Section 18937) of Part 6 of Division 9 of the Welfare and Institutions Code). (6) In-Home Supportive Services {IHSS) (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code). (7) Medi-Cal (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). (b) An applicant whose monthly income is 125 percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of paragraph (2) of Section 9902 of Title 42 of the United States Code.