HomeMy WebLinkAbout1994-012
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RESOLUTION No. 94-12
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CITY OF YUCAIPA RELATING
TO THE JOINT USE OF THE CITY OF SAN BERNARDINO'S HEARING
OFFICER SERVICES, IN ACCORDANCE WITH ASSEMBLY BILL 408.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is authorized
and directed to execute on behalf of said City an agreement with the City
of Yucaipa for the use of the City of San Bernardino's hearing officer
services, in accordance with Assembly Bill 408. a copy of which is attached
hereto, marked Exhibit "A" and incorporated herein by reference as fully
as though set forth at length.
SECTION 2.
The authorization to execute the above referenced
agreement is rescinded if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a regular
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meeting thereof. held on the
vote, to wit:
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24th day of Januarll 1994, by the following
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94-12
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CITY OF YUCAIPA RELATING
TO THE JOINT USE OF THE CITY OF SAN BERNARDINO'S HEARING
OFFICER SERVICES. IN ACCORDANCE WITH ASSEMBLY BILL 408.
COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT
NEGRETE X
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CURLIN x
HERNANDEZ X
OBERHELMAN X
DEVLIN X
POPE-LUDLAM X
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MILLER X
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The foregoing resolution is hereby approved this ~4Mday of Jan , 1994.
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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By: /VHv~ -j
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Edward V. Negrete, Mayor Pro Tempore
City of San Bernardino
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Res 94-12
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AGREEMENT
THIS AGREEMENT made and entered into this ~t:fu day of
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",1f>.N , 1998" by and between the City of Yucaipa and the City of San
4 Bernardino, a municipal corporation of the State of California (City):
5 The parties hereto agree as folloWB:
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WHEREAS, Assembly Bill 408, California Vehicle Code Section 40200
7 et. seq., has decriminalized parking violations; and
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WHEREAS, Assembly Bill 408. California Vehicle Code Section 40215,
9 requires that each agency, when requested, provide a review of contested
10 parking violations by a hearing officer; and
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WHEREAS, the City of San Bernardino has set in place a procedure
12 for such review of contested parking violations by a hearing officer; and
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WHEREAS, the City of Yucaipa would like to contract with the City
14 of San Bernardino to conduct such review by a hearing officer for its
15 contested parking violations.
16 NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
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1. The City of San Bernardino will provide the review of contested
18 parking violations by a hearing officer for the City of Yucaipa.
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2. The City of Yucaipa shall compensate the City of San Bernardino
20 the amount of Twenty-five Dollars ($25.00) for each hearing conducted by
21 the City of San Bernardino hearing officer on behalf of the City of
22 Yucaipa. The City of San Bernardino will provide semi-annual invoices to
23 the City of Yucaipa and the City of Yucaipa agrees to pay invoices within
24 ten (10) days of receipt.
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3. The City of Yucaipa agrees to adhere to the scheduling
26 procedure as set forth in Exhibit "A" attached hereto.
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4. The City of San Bernardino agrees to provide an impartial
28 hearing officer and agrees to ensure an impartial review of contested
Res 94-12
1 parking violations by said hearing officer in accordance with Vehicle Code
2 Section 40215.
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5. This agreement may be terminated upon a thirty (30) day written
4 notice by either party.
5 IN WITNESS WHEREOF, the parties have executed this agreement
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6 on the date first above shown.
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ATTEST:
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Clt Icrk
14 Approved as to form:
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City A orney
ATTEST:
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RAC CLARK, City Clerk
Approved as to form and content:
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JA'M~~PE~MAr:;.'.~it; Attorney
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Edward V. Negret~, ~yor ~ Pro -Temp~re
JAN 2 6 1994
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" Res. 94~ 12 .
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EXHIBIT "A"
PROCEDURE FOR SCHEDULING HEARING
Hearinqs will be scheduled Friday morninqs, between the hours of
8:00 a.m. and 11:30 a.m.
1. Place telephone call to hearinq office , (909) 384-5366,
to schedule date and time of hearinq.
2. Prepare hearinq folder and deliver to Hearinq Office, 300
North "D" street, Basement, San Bernardino, CA, not later
that five (5) workinq days prior to scheduled hearinq.