To the members of the:
CITY COUNCIL
Date~1~,~~CA ✓ cc ✓
CM V ACM ~ DCM {3) ✓
Aug. 25,2022
Counci
To: Honorable Mayor Hall and Memb r e City Council
From: Scott Chadwick, City Manager
Re: San Diego County Grand Jury Re ort s nse (Districts -All) {city of
Carlsbad
Memo ID #2022092
This memorandum provides information related to the San Diego County Grand Jury Report dated June 23, 2022, titled, "Low Income Parking Citation Payment Plan -Compliance with Vehicle Code Section 40220 Legislative Requirement."
Background
The 2021/2022 San Diego County Grand Jury (Grand Jury) investigated a complaint based on California Vehicle Code Section 40220 (CVC 40220). eve 40220 requires a parking citation processing agency to provide a payment plan option for low-income persons and must announce the availability of an installment payment plan on their parking citation and on their public website. CVC 40220 was amended in 2017, setting limits to the amount of a payment plan's monthly installment, the duration of the paymer.its, allowable fees and deadlines for payment plan applications.
Discussion
The City of Carlsbad was one of 18 municipalities that was reviewed by the Grand Jury for compliance to the 2017 amendments to CVC 40220. California Penal Code Section 933(c) requires any public agency reviewed by the Grand Jury to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to the report. The city's comment letter is attached.
As of June 23, 2022, the City of Carlsbad had implemented the applicable recommendations of the Grand Jury and is compliant with eve 40220.
Next Steps
The city's response to the Grand Jury is due Sept. 21, 2022, and will be sent to the Presiding Judge of the Superior Court by Sept. 1, 2022.
Attachment: Response from the City of Carlsbad to Grand Jury Report cc: Cindie McMahon, City Attorney
Geoff Patnoe, Assistant City Manager
Mickey Williams, Police Chief
City Manager's Office -City Hall
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 442-339-2820 t
Sept 1, 2022
Honorable Michael T. Smyth, Presiding Judge
San Diego County Superior Court
550 West C Street, Suite 860
San Diego, CA 92101
Re: Response from the City of Carlsbad to Grand Jury Report {'city of
Carlsbad
The City of Carlsbad has received the San Diego County Grand Jury Report dated June 23, 2022, titled "Low Income Parking Citation Payment Plan -Compliance with Vehicle Code §40220 Legislative Requirement."
The City of Carlsbad has reviewed the report, its findings and recommendations and offers the following responses. I
Findings
Finding #1: Of the agencies interviewed, a majority are both issuing agency and processing agency. Although CVC 40220 language often refers to a "processing agency," compliance requirements are logically presumed to apply to both issuing and processing agencies.
Response: As the finding relates to the City of Carlsbad, the city did not locate any language in Vehicle Code Section 40200, or the surrounding Vehicle Code provisions, indicating the legislature intended "issuing agency" and "processing agency" to be synonymous for purposes of interpreting the respective responsibilities of an issuing agency and a processing agency.
However, the city notes Vehicle Code Section 40200.6 generally requires the issuing agency to exercise effective oversight of the processing agency.
Finding #2: During our investigation, the Grand Jury found, of the 24 issuing agencies' written parking citation notices we solicited and inspected, these 11 municipalities, the San Diego County Sheriff's contracted city services, plus five San Diego County community colleges were not compliant with AB 503 or AB 3277 amended CVC 40220 requirements: Carlsbad, Chula Vista, Del Mar, Encinitas, Escondido, Imperial Beach, Lemon Grove, National City, Oceanside, Poway, San Marcos, San Diego County Sheriff's Contracted Services, Grossmont-Cuyamaca Office of the City Manager
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 442-339-2820 t
Honorable Michael T. Smyth, Presiding Judge
Sept. 1, 2022
College, MiraCosta College, Palomar College, San Diego Community College, Southwestern College.
Response: As the finding relates to the City of Carlsbad, the city's written parking citation notices complied with Vehicle Code Section 40220 as May 2022.
Finding #3: The Grand Jury considered agency parking citation notices with an AB 503 version of CVC 40220, which does notify violators of the availability of a payment plan, to be partially complaint. During our review, these eight agencies had partially compliant citations: Coronado, El Cajon~ La Mesa, San Diego County, San Diego City Regional, Santee, Solana Beach, Vista.
Response: This finding does not relate to the City of Carlsbad.
Finding #4: During our investigation, the Grand Jury found some agencies already had AB 3277 fully complaint webpages, or AB 503 partially compliant webpages. They are: Chula Vista, El Cajon, Encinitas, Escondido, La Mesa, Poway, San Diego City, San Diego County Sheriff, San Marcos, Vista.
Response: This finding does not relate to the City of Carlsbad.
Finding #5: Website compliance revisions can be measured in real time. As of May 10, 2022, the Grand Jury found that these previously non-compliant agency websites are now CVC 40220 compliant: Carlsbad, Coronado, Del Mar, Imperial Beach, National City, Oceanside, Santee.
Response: As the fin-ding relates to the City of Carlsbad, the city agrees with the finding.
Finding #6: Contracting a processing/collection service does not excuse a public issuing or processing agency fromCVC 40200 compliance requirements. The Grand Jury found these public agency websites had no informational payment plan webpages or verbiage. And/or their linked contracting vendor's main/landing webpage did not have CVC 40220 information, or the information was not "readily accessible in a prominent location." Therefore, as of May 10, 2022, these agencies were not compliant: Lemon Grove, Solana Beach.
Response: This finding does not relate to the City of Carlsbad.
Finding #7: Fou.r of the five community colleges interviewed by the Grand Jury did not adopt their own payment plan policy -but used CVC 40220 (l)(A) to (C). As of May 10, 2022, the Grand Jury found that these previously non-compliant websites are now compliant: Grossmont- Cuyamaca Community College, MiraCosta Community College, Palomar Community College, Southwestern Community College.
Response: This finding does not relate to the City of Carlsbad.
Honorable Michael T. Smyth, Presiding Judge
Sept. 1, 2022
Finding #8: Community colleges that adopt their own parking citation payment plan policy must consider this compliance requirement, CVC 40220 (l)(D)(i)(III), "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," With only one sentence on one webpage, with no parking citation payment policy postings, or any additional information or weblinks, the Grand Jury finds this website non-compliant: San Diego Community College District -San Diego City College.
Response: This finding does not relate to the City of Carlsbad.
Response to Recommendation
The Grand Jury report makes the following recommendation.
The 2021/2022 San Diego County Grand Jury recommends the City Manager for the cities of Carlsbad, Chula Vista, Coronado, Del Mar; El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Marcos, Solana Beach and Vista:
Recommendation 22-49: ~evise their parking citation notices to be eve 40220 compliant with the most recent AB 3277 amendment.
Response: The City of Carlsbad has implemented the Grand Jury's recommendation. A copy of the updated parking citation notice is enclosed.
Thank you for the opportunity to respond to the Grand Jury report.
Scott Chadwick
City Manager
Enclosure: · Amended City of Carlsbad Parking Violation Notice Cc: San Diego County Board of Supervisors
.j..
CITY OF CARLSBAD
PARKING VIOLATION
NOTICE
CB 309301
DMV DATE. _________ _ TIME ______ _ CODE. ___ _
LICENSE ________ _ STATE _____ _ EXP _____ _
MAKE ___________ MOD ____________ _
VIN _____________ ~/ !_!_!_ COLOR _____ _
LOCATION ____________________ ~---
THIS VEHICLE IS ILLEGALLY PARKED IN
VIOLATION OF THE FOLLOWING STATUTE
1 □ 1 J~·~tcu~~i~~NG
.· 2', tl 1·i~,~~i~5~1
~~b~ffliW~6'8~'0N~i+..:d~~;;'+~X,t~~~·;;~,~~~i't~AILEA
3 □ I ~t4~;,.1~~1~g osoo-0500
FINE IF
PAID WITHIN
14 DAYS
$68.00
:'::Jt§m91!!
$50.00
• 4:' o:lni4~1~~i~~~,g~~"ki~~g··. · •· • • r ·+ssp£qg}
5 D I ~~4~iJ~~/~h ~~Rm SWEEPING
6.i O
7 □
8 □
9 □
10 □
11 □
t1if~~~1~tfri~~\a'i1CLE ;
5204(a) eve TABS
21113(e) eve ... PARKING·ON PlJBLfC 'GROUNDS
21211(b) eve
PARK/OBSTRUCT BIKE LANE 22s00(-) (A,H, :i:K) eve
RESTRICTED PARKING
22soo(1) eve OBSTRUCTING WHEEL CHAIR ACCESSIBILITY TO SIDEWALK 12 □ I. ir~~°i:.l.~~c,
13 □ I ~i~~~ ~~iE THAN 18 INCHES FROM RIGHT CURB
14 0 I 22507.8(0JLJCVC . . HANDICAPPED PARKING .
15 □
16 □
17 □
22s14 eve
PARKED WITHIN 15 FT HYDRANT
10.40.090(b) MC
RED CURB·NO STOPPING, STANDING, PARKING
10.40.180(b) MC
OVERSIZED VEHICLE
18 0 I OTHER
$50.00
$(;~IQ!t
$38.00
·. $38(00
$50.00
$aS:mi
$343.00 ··. $$o;gti:
$38.00
$343:()(!
$38.00
$50.00.
$50.00
I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TAU E AND CORRECT AND THAT A COPY OF THIS CITATION WAS ATTACHED TO THE ABOVE DESCRIBED VEHICLE IN ACCORDANCE WITH SECTION 40202 OF THE CALIFORNIA VEHICLE CODE.
OFFICER _______________ ID _________ _
AGENCY ______________________ ~-----
REMARKS ________ ~-------------------
NOTE: PENALTY FEES ASSESSED FOR DELINQUENT PAYMENT.
SEE REVERSE FOR INFORMATION
MAIL CITATION WITH PAYMENT
-;-
PAYMENT INFORMATION
The specific violation and lee amount is indicated on the frnnt ol lhis citation.
Payment may be made in one ol lhe following ways:
·1. PAY BY MAIL. For your convenience pay BY lv1AIL using lhe envelope provided. Payment sl1ould be rnade by checi www.pticl~et.com/carlsbad
4. CONTEST BY MAIL: Mail correspondence lo the City of Carlsbad, P.O.
Box 2081, Tustin, CA 92781-2081. Please include lhe original citation. l www.carlsbadca.gov or
www.pticket.com/carlsbad . A payment plan application form will be required.
WARNING
Failure to pay lhe penalty or contest this citation within TWENTY-ONE (21) calendar days of issuance will cause a PENALTY ll~CREASE ADDED TO THE ORIGINAL FINE and notification of the Department of lvlotor Vehicles to REFUSE REGlSTRATIOI~ ol lhe vehicle until the penalty is paid (4760 CVC). When any vehicle registered in California or a foreign jurisdiction is found on a highway or off-street parking facility, and that vehicle has five (5) or rnore unpaid parking citations the VEHICLE MAY BE IMPOUNDED 22651 (i)(1) eve.
LICENSE PLATE AND REGISTRATION/TAG VIOLATIONS
Section 5200-5204 or 4000(a)(1 )ol the California Vehicle Code require evidence of violation correction and vehicle inspection before payment can be accepted.
A photocopy of your reg isl ration is not sufficient proof of registrali9n. If validation and payment are received within 21 calendar days of issuance, lhe line shall be reduced to $10.00. Do not mail payment unless the CERTIFICATE OF CORRECTIOl,J section below is completed by a police agencl' or OMV authorized representa1ive.
OFFICE HOURS: 8:00 a.rn. lo 5:00 p.rn., l,~onday thru Friday Closed Saturday, Sunclay and Holidays
For information, Phone 1 ·800-553-4412
or contact the issuing agency.
Section Authorized 1.0. Agency Violated Signature No.
Date