Score: +15 (15/1/0)
San Diego County Grand Jury • 2021-2022

Low Income Parking Citation Payment Plan Compliance with Vehicle Code § 40220 Legislative Requirements

Published: June 06, 2022 9 pages
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Findings 8 findings

F1
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. Fact: CVC 40220 (1) (A) (ii) requires a processing agency to disclose “the availability of a low- income payment plan “a “person’s right to request an indigency determination,” and the “timeframe in which to apply” in both the notice of parking violation and on its public internet website, including “a web page link and telephone number to more information.” 5 5 COMPLIANT PARKING CITATION (SAMPLE TEXT): 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 (list issuing agency phone number) or visit our website (list URL address). 117
F2
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 College • MiraCosta College • Palomar College • San Diego Community College • Southwestern College *Cities using San Diego County Sheriff’s Contracted Services, including issuing parking citations Fact: The older AB 503 amended version of CVC 40220, approved September 2018, contained many of the current compliance requirements, but had a lower installment plan limit of $300, and specified a shorter 60-day deadline for filing a payment plan application.
F3
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 compliant. 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 118 Fact: As per CVC 40220 (1) (A) (ii) (III) and (IV), in addition to the compliance requirements for a parking violation notice, a processing agency’s public internet website must also include “clear language about how the person can request an indigency determination…” plus the “documents needed by the processing agency to make an indigency determination.”
F4
During our investigation, the Grand Jury found some agencies already had AB 3277 fully compliant 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
F5
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 Fact: An issuing agency that contracts with a private vendor for processing/collection services is mandated to follow the procedures of CVC 40200.6 (b) “The governing body of the issuing agency shall establish written policies and procedures pursuant to which the contracting party shall provide services.” And CVC 40200.6 (c) “The issuing agency shall be responsible for all actions taken by contracting parties and shall exercise effective oversight over the parties”
F6
Contracting a processing/collection service does not excuse a public issuing or processing agency from CVC 40220 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 119 • Solana Beach Fact: CVC 40220 (1) (D) (i) requires state universities and community colleges to "adopt a parking citation payment plan for persons with multiple unpaid parking citations," with a policy that includes abeyance of late fees and no DMV itemization. Alternatively, CVC 40220 (1) (D) (ii) requires a “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 [1] (A) to [1] (C), inclusive, and subdivision (c),” (the same compliance requirements that apply to other processing agencies).
F7
Four of the five community colleges interviewed by the Grand Jury did not adopt their own payment plan policy – but used CVC 40220 (1) (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
F8
Community colleges that adopt their own parking citation payment plan policy must consider this compliance requirement, CVC 40220 (1) (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

Recommendations 6

Agency Responses 11

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

No Responses Found 2

Government entities assigned to respond to this report. No response documents have been linked in our database.

Coronado City
Lemon Grove City