Under the California Public Records Act (Government Code Section 6250, et seq.), the City is obliged to comply with a request for a public record so long as the requester makes a specific and focused request for records, the record is maintained by the City in its ordinary course of business, the record is disclosable, and the records can be located with reasonable effort. The Public Records Act provides for the inspection or copying of existing identifiable public records; it does not compel the City to create new records, lists, or reports in response to a request, nor does it compel the City to answer questions. However, in order to respond to your questions, the City's response is as follows.
I am repeating my request that you provide answers to these questions. Since you have failed to do that so far, I want to clearly establish the fact for the record. It is crucial for my defense that Santa Rosa parking's application of CVC 40226 is arbitrary, discriminatory, and vindictive. I wish to ensure that I am able to raise the issue if, as I strongly suspect will be the case, I will be raising it as an appeal to the Superior Court given the poor display of your administration's integrity and/or competence so far.
Here are the questions...
Request #1. How many times in the past 36 months has Santa Rosa Parking granted relief under CVC 40226?
Response #1: The City has no records responsive to this request. It is estimated 1 hour of Administrative Analyst time is required to generate the requested report at a cost of $79.52. Upon receipt of $79.52, payable to the City of Santa Rosa, 100 Santa Rosa Avenue, Room 10, Santa Rosa, CA 95404, the report will be generated and provided to you. Please reference Request #19-275 with your payment.
Request #2: What criteria was applied in determining whether relief was granted under CVC 40226?
Response #2: CVC 40226: An issuing agency may, in lieu of collecting a fine for a citation for failure to display a disabled placard, charge an administrative fee not to exceed twenty-five dollars ($25) to process cancellation of a citation in any case where the individual who received the citation can show proof that he or she had been issued a valid placard at the time the citation was received.
The City will accept a copy of a valid disabled placard, valid at the date the citation was issued; and a copy of the placard identification card/receipt. Disabled placards come with an identification card/receipt that must be carried by the placard owner when using the placard. (see attached Parking Violation Review Request Form)
Request #3: What criteria was applied in refusing to grant relief to me under CVC 40226? A copy of a valid placard and placard identification card/receipt have not been provided.
Response #3: The City is in receipt of a hand written note on a Notice of Incomplete Application for Disabled Person Placard or Plates, which is not an acceptable form of proof.
Request #4: Santa Rosa Parking director, Kim Nadeau, has told me in writing that the signed DMV document that I have submitted which clearly states that I have a valid use of disabled parking thru 6/2019 is insufficient to qualify for CVC 40226 relief. Santa Rosa parking has stated that I must display an actual placard to so qualify . Where is that either stated in CVC 40226 or in any written policy, document, or email of Santa Rosa Parking?
Response #4: A hand written note does not constitute proof of a valid placard. A hyperlink to the Parking Violation Review Request Form has been provided to you. Here is the link to the form: Parking Violation Review Request Form