Facts

In 2014, City of Pasadena ("City") implemented a "Pay & Display" parking system, which required parkers to purchase and display a time-stamped ticket from a curbside Kiosk. The Kiosk charged between $0.75 to $1.25 for parking in hour-long increments. If a parker failed to purchase or display the time-stamped ticket or that the parking exceeded the printed time limit on the ticket, an "expired meter" citation would be issued to the parker. Each violation could be assessed for a penalty at $45 and above. Unused time was not to be refunded to parker. Plaintiffs, acting as class representatives, brought a class action against City.

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that the Pay & Display Meters in the City of Pasadena may not collect parking fees because it did not meet the definition of a "parking meter" under Pasadena Municipal Code Section 10.08.075. Plaintiffs also sought declarative relief by contending that City's use of the parking kiosks and collection of the parking fees were not authorized by Vehicle Code Section 22508(a).

DEFENDANT'S CONTENTION: Defendant claimed that the Pay & Display Meters properly falls within the definition of "parking meters" under the Municipal Code Section 10.08.075. Defendant also argued that one of the name plaintiffs failed to exhaust his administrative remedies under Vehicle Code section 40215 and that the right he claimed was limited to the administrative and judicial remedies set forth in Vehicle Code section 40200, et seq.

Settlement Discussions

Parties conducted mediation via Zoom with Judge Peter D. Lichtman (Ret.) and reached settlement.

Result

The case settled, whereby the City agreed to, among others: provide an annual training session on the citation appeal process to City parking administrative staff and hearing officers, investigate all parking citations that were overturned to determine whether a systematic change to the parking system is appropriate to comply with the law, increase the grace period and prevent issuance of violation tickets during the grace period, ensure the synchronization of the time between the meters and the handheld devices, inform parkers the option to transfer unused meter time to other meters in the City, and dismiss all unpaid citations related to the Pay & Display Meters issued to class members.