HomeMy WebLinkAbout1993-387
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RESOLUTION NO. 93-387
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CITY OF RIALTO 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:
6 SECTION 1. The Mayor of the City of San Bernardino is authorized
7 and directed to execute on behalf of said City an agreement with the city
8 of Rialto for the use of the City of San Bernardino's hearing officer
9 services, in accordance with Assembly Bill 408, a copy of which is attached
10 hereto, marked Exhibit "A" and incorporated herein by reference as fully
11 as though set forth at length.
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SECTION 2.
The authorization to execute the above referenced
13 agreement is rescinded if the parties to the agreement fail to execute it
14 within sixty (60) days of the passage of this resolution.
15 I HEREBY CERTIFY that the foregoing resolution was duly adopted
16 by the Mayor and Common Council of the City of San Bernardino at a
17 regular meeting thereof, held on the 21st day of Oct ,1993, by the
18 following vole, to wit:
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93-387
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RESLOUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CITY OF RIALTO 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
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HERNANDEZ x
OBERHELMAN x
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DEVLIN x
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POPE-LUDLAM x
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MILLER x
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City Clerk
The foregoing resolution is hereby approved thisl~h,<\day of Oct. ,1993.
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY:~)
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-To Min&, Mayor
City of San Bernardino
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193-387
. Res. 93-387
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AGREEMENT
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THIS AGREEMENT made and entered into this ;l~w\ day of
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8r.\t>\)L(L. , 1993, by and between the city of Rialto and the City
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of San Bernardino, a municipal corporation of the State of
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California (C~ty):
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The parties hereto agree as follows:
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WHEREAS, Assembly Bill 408, California Vehicle Code section
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40200 et. seq., has decriminalized parking violations; and
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WHEREAS, Assembly Bill 408, California Vehicle Code section
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40215, requires that each agency, when requested, provide a review
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of contested parking violations by a hearing officer; and
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WHEREAS, the city of San Bernardino has set in place a
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procedure for such review of contested parking violations by a
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hearing officer; and
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WHEREAS, the city of Rialto would like to contract with the
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city of San Bernardino to conduct such review by a hearing officer
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for its contested parking violations.
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NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
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1.
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contested
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Rialto.
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2.
The City of San Bernardino will provide the review of
parking violations by a hearing officer for the city of
The city of Rialto shall compensate the city of San
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Bernardino the amount of Twenty-five Dollars ($25.00) for each
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hearing conducted by the City of San Bernardino hearing officer on
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behalf of the city of Rialto.
The City of San Bernardino will
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provide semi-annual invoices to the city of Rialto and the City of
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93-387
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Rialto agrees to pay invoices within ten (10) days of receipt.
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The City of Rialto agrees to adhere to the scheduling
3 procedure as set forth in Exhibit "A" attached hereto.
4 4. The City of San Bernardino agrees to provide an impartial
5 hearing officer and agrees to ensure an impartial review of
6 contested parking violations by said hearing officer in accordance
7 with Vehicle Code section 40215.
8 s. This agreement may be terminated upon a thirty (30) day
9 written notice by either party.
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11 IN WITNESS WHEREOF, the parties have executed this agreement
12 on the date first above shown.
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APPROVED AS TO FORM:
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ROBERT A. OWE , City Attorney
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TO MINOR, Mayor
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23 ATTEST:
OCT 2'2 'ItS
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Q r..U.d u..4
RAC~EL CLARK, city Clerk
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~ 93-381
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EXHIBIT "A"
PROCEDURE FOR SCHEDULING HEARING
Hearings will be scheduled Friday mornings, between the hours of
8:00 a.m. and 11:30 a.m.
1. Place telephone call to hearing office , (909) 384-5366,
to schedule date and time of hearing.
2. Prepare hearing folder and deliver to Hearing Office, 300
North "0" street, Basement, San Bernardino, CA, not later
that five (5) working days prior to scheduled hearing.
93-387 .
C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
DATE:
September 16, 1993
Fred Wilson, Assistant city Administrator
TO:
FROM:
Rachel Clark, city Clerk
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SUBJECT: city of Rialto's Request for Hearing Officer Services
COPIES:
Sandra Medina, Administrative Operations Supervisor;
Josie Alvarez, Typist Clerk
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I am forwarding for your information and appropriate action the
attached letter from the city of Rialto wherein they are
requesting that the city of San Bernardino execute an agreement
whereby the City of San Bernardino would provide a hearing
officer for contested parking citations.
On July 6, 1993, the Mayor and Common Council adopted Resolution
No. 93-235 authorizing the Risk Management Department to provide
an impartial hearing officer for the review of contested parking
violations, in accordance with AB 408. At the same meeting, two
additional Resolutions (Nos. 93-217 and 93-218, respectively)
were adopted authorizing the execution of agreements with the
cities of Loma Linda and Redlands relating to the joint use of
our hearing officer services; however, no such agreement has been
approved with the city of Rialto.
If you have any questions, please do not hesitate to call me at
extension 3210.
Ck~~
Rachel Clark
City Clerk
RC:mav
Attachment (Letter dated 9/14/93 and Original Agreement)
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93-387
City of Ria/to
California
OFFICE OF THE
CITY CLERK
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September 14, 1993
Rachel Krasney, City Clerk
city of San Bernardino
Post Office Box 1318
San Bernardino, CA 92402
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Dear Ms. Krasney:
Enclosed please find the original agreement between the City of
Rialto and the City of San Bernardino pertaining to the city of
San Bernardino providing a hearing officer for contested parking
citations. The agreement was approved by the Rialto city Council
at its regular meeting of September 7, 1993.
Please process the agreement as needed by the City of San Bernar-
dino and return the original, signed agreement to me at the
address below.
We already have one person who has requested a hearing and would
like to finalize the agreement and initiate the process as soon
as possible.
Thank you for your attention to this matter.
questions, please feel free to contact the
Sampson, at (909) 820-2519.
Should you have any
city Clerk, Joseph
Sincerely,
d)ld1tLfY).Jj~
Diane M. Yo6,hg (j
Deputy City Clerk/Asst. Licensing Officer
Encl. as noted
150 SOUTH PALM AVENUE. RIAL TO, CALIFORNIA 9Z376 . PHONE (111) B7U ill I 0