HomeMy WebLinkAboutRESO 9738DocuSign Envelope ID: 2730D202-E87E-4C75-8428-AF158860C78C
Resolution No. 9738
Resolution of the Council of the City of Palo Alto Authorizing
Private Enforcement of Parking Regulations at the listed off street
parking facilities at Stanford
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. Findings and Declarations.
a. The off-street parking facilities located at
• 217 Quarry Road, Stanford, CA 94305 ("Hoover Pavilion Garage");
• Sweet Olive Way, Palo Alto, CA 94304 ("Hoover Pavilion Surface Lot 1");
• 215 Quarry Road, Stanford, CA 94305 ("Arboretum Children's Center Surface Lot
lA");
• 800 Welch Road, Palo Alto, CA 94305 ("Cancer Clinical Trials Office"); and
• 780 Welch Road, Palo Alto, 94304 ("Asian Liver Center Surface Lot")
(collectively, the "Stanford Public Parking Facilities") are generally held open for public
vehicular parking and are privately-owned and -maintained by Stanford University,
through its Office of Parking and Transportation Services.
b. California Vehicle Code 21107.8 authorizes the private enforcement of unauthorized
parking in such privately owned parking facilities.
c. Stanford University has requested the ability to enforce parking regulations in the
Stanford Public Parking Facilities.
SECTION 2. Authorization for Private Enforcement.
a. Stanford University is hereby authorized to regulate unauthorized parking in the Stanford
Public Parking Facilities and shall be solely responsible for issuing and processing parking
violations, subject to the provisions Vehicle Code section 21107.8. Specifically, and
without limitation:
1. Stanford University shall provide all notices and instructions required under
Vehicle Code section 21107.8.
2. It shall be unlawful to offer incentives based on the number of invoices issued or
the number or percent of disputed invoices adjudicated that uphold parking
charges.
3. Penalties for parking violations in the Stanford Public Parking Facilities shall not
exceed the penalties applicable to similar violations in City-regulated parking
areas, as provided in the most recently adopted Palo Alto Administrative and Civil
Penalty Schedule, including, without limitation, the penalties applicable to
overtime parking in a City lot and unpermitted parking in a City permit area.
4. Parking fee invoices shall include a conspicuous statement to the effect that "This
parking invoice fee notice is not issued by the City of Palo Alto." It shall be unlawful
for Stanford University or its agents to represent itself as a government
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enforcement agency or to use terminology that is restricted to governmental law
enforcement.
b. Stanford University as the enforcement entity is the beneficiary of monies collected
from parking invoice fees.
SECTION 3. Dispute Resolution.
a. Stanford University shall adopt and publish dispute resolution procedures for parking
penalties consistent with Vehicle Code 40215 and that shall include, at a minimum:
1. Specified time periods for notifications, review, and appeal.
2. The ability to request an administrative review.
3. The ability to request an administrative hearing, in person or by mail, before a
third-party examiner who has been adequately trained and who provides an
independent, objective, fair, and impartial review.
i. The examiner shall be empowered to allow payment of the parking
invoice fee in installments for persons showing evidence of inability to
pay the parking invoice fee in full.
ii. The examiner's decision shall be delivered by personal delivery or by first-
class mail.
b. In the event Stanford University fails to adopt a policy as required by subsection (a), the
following procedures shall apply:
1. Within twenty-one calendar days of the issuance of a notice of parking violation or
within fourteen calendar days from the mailing of a notice of delinquent parking
violation (whichever is later), a person may request (by telephone, in writing, or in
person) an initial review by Stanford University. Upon this review, the notice of
parking violation or notice of delinquent parking violation and all penalties and fees
based thereon may be canceled by Stanford University if a determination is made
that either the violation did not occur, that extenuating circumstances make
dismjssal of the citation appropriate in the interest of justice, or that the registered
owner was not responsible for the violation; however, under no circumstances
shall a personal relationship with Stanford University or any of its agents be
grounds for cancellation.
i. There shall be no charge for this review.
ii. The decision of Stanford University shall be mailed to the person
requesting review.
iii. If the review does not result in cancellation, the decision shall include a
reason for that denial, notification of the ability to request an
administrative hearing, and notice of the procedure for waiving
prepayment of the parking penalty based upon an inability to pay.
2. If the person is dissatisfied with the results of the initial review, the person may
request an administrative hearing of the violation no later than 21 calendar days
following the mailing of the results of the initial review.
i. The request may be made by telephone, in writing, or in person.
ii. The person requesting an administrative hearing shall deposit the amount
of the parking penalty with the processing agency. If the person provides
proof of financial inability to deposit the full amount of the
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parking violation (according to standards developed and included in the
Stanford University's notice of decision upon initial review), the requirement
for payment of the parking penalty as a pr~requisite to contesting it shall be
waived.
iii. The person requesting a hearing shall have the choice of a hearing by
mail or in person. An in-person hearing shall be conducted within
Stanford University's main campus.
iv. The hearing shall be held before a third-party examiner who has been
adequately trained and who provides an independent, objective, fair, and
impartial review in accordance with Vehicle Code section 40215(c)(4).
v. The examiner's decision following the administrative hearing may be
personally delivered to the person by the examiner or sent by first-class
mail, and, if the notice is not cancelled, include a written reason for that
denial.
vi. The examiner may allow deferred payment of the parking penalty, payment
in installments, or the performance of community service in lieu of payment,
if the person produces satisfactory evidence of inability to pay the penalty in
full.
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