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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lori Sasseon, Assistant City
Administrator
Subject: Resolution authorizing
execution of a Professional Services
Agreement with William Holt for Hearing
Officer and/or Administrative Law Officer
services
Council Meeting Date: 11/7/2005
Dept: City Administrator's Office
Date: 10/1712005
Synopsis of Previous Council Action:
August 5, 2002 - Council adopts Resolutions 2002-264 and 2002-265 authorizing the execution of
Professional Services Agreements with William Holt and IV AMS for hearing officer services
December 1, 2003 - Council adopts Resolution 2003-321, and appoints William Holt and Greer Stroud as
Administrative Law Officers pursuant to Chapter 9.92 of the Municipal Code.
September 2004 - Council adopts Resolution 2004-269, and appoints Michael B. Rutburg as Hearing
Officer and/or Administrative Law Officer.
Recommended motion:
1. That the Mayor and Common Council appoint WILLIAM HOLT as an Administrative
Law Officer until November 3D, 2007 pursuant to Chapter 9.92 of the Municipal
Code; and
2. Adopt resolution.
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Signature
Contact person: Catherine Allison
Phone: 384-5122
Supporting data attached: Staff report, resolution
Ward: All
FUNDING REQUIREMENTS: Amount: Estimated $18,000 annually
Source: (Acct. No.) 001-092-5502
(Acet. Oesc;fiption) Non-departmental -
professionaVcontractual services
Finance:
Council Notes:
I/b!05 .
.. Agenda Item No. ~
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STAFF REPORT
Subiect:
Resolution authorizing execution of a Professional Services Agreement with William
Holt for Hearing Officer and/or Administrative Law Officer services
Backe:round:
In 1991, the Council adopted Ordinance MC-807 which .designated the City
Administrator or designee as a hearing officer for nuisance abatement proceedings at the
City. In 1997, recognizing the increasing amount of Code Compliance Enforcement in
the City, the Mayor and Council approved the hiring of an independent hearing officer
qualified to hear nuisance-related cases. Since that time, the City's hearing officers have
heard Code Enforcement cases two (2) days per month for an average of6 (six) hours per
day, including nuisance abatement, abandoned vehicles, and other matters.
In 2002, a California Supreme Court decision (Haas v. County of San Bernardino, 27 Cal.
4th 1017) required the City to make a series of changes with regard to the use of hearing
officers in order to insulate the City from potential legal challenges. These changes
included the establishment of a rotation of at least two (2) hearing officers; ensuring that
hearing officer service agreements have limited terms; provisions that a hearing officer
cannot be retained again by the City until at least 12 months have passed since the
expiration of his or her previous agreement; and the elimination of the City's standard 30-
day termination provision in hearing officer agreements.
In order to address those issues, a second hearing officer firm was retained in August
2002 to create a rotation of hearing officers with staggered contract terms. The agreement
with one officer, Greer Stroud, will expire on November 30, 200S. The agreement with
the other officer, Judge Michael B. Rutburg, will expire August 31, 2006.
Since the agreement with Greer Stroud will expire November 30, it is now necessary to
identify a second hearing officer to allow for the necessary rotation of officers. It is
anticipated that this person will also serve as an Administrative Law Officer responsible
for conducting hearings in accordance with the process established recently by ordinance
that creates an administrative citation process for Code Enforcement violations. This
process was established to provide an alternative to criminal citations for enforcement of
minor violations of the Municipal Code.
William Holt has previously served as a Hearing Officer for the City of San Bernardino
and is again recommended for this work. Staff is recommending approval of a two-year
agreement with William Holt at the rate of$200 per hour.
Furthermore, pursuant to the administrative citation ordinance, staff is recommending
that William Holt be appointed as an Administrative Law Officer. Chapter 9.92 of the
Municipal Code, which establishes the administrative citation process, requires that
Administrative Law Officers be appointed by the Council.
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With these actions, the necessary rotation of two (2) hearing officers will be continued.
Financial Imoact:
There will be no net impact to the General Fund as a result of this action. The proposed
Agreement is for an hourly rate of $200, which is the rate currently charged by Hearing
Officers Stroud and Rutburg. For FY 2005-06, approximately $41,000 has been
budgeted for hearing officer services.
The actual cost to the City each year depends upon the actual number of hours that
hearings are held. .
Recommendation:
It is recommended that the Mayor and Common Council appoint William Holt as an
Administrative Law Officer until November 30, 2007, pursuant to Chapter 9.92 of the
Municipal Code; and adopt the resolution.
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RESOLUTION NO. (b ((j) lP Y
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN WILLIAM HOLT AND THE CITY OF SAN
BERNARDINO FOR HEARING OFFICER AND/OR ADMINISTRATIVE LAW
OFFICER SERVICES.
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 hereby authorized and
directed to execute on behalf of said City, a Professional Services Agreement between William
Holt and the City of San Bernardino, for hearing officer services and administrative law officer
services under the City's Municipal Code, 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.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN WILLIAM HOLT AND THE CITY OF SAN
BERNARDINO FOR HEARING OFFICER AND/OR ADMINISTRATIVE LAW
OFFICER SERVICES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
, :W05, by the following vote, to wit:
day of
8 Council Members:
AYES
NAYS
ABSTAIN ABSENT
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16 MCCAMMACK
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
City Clerk
day of
The foregoing resolution is hereby approved this
20 2005.
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Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
BYV~
Special Counsel
PROFESSIONAL SERVICES AGREEMENT
1. THE CITY OF SAN BERNARDINO ("CITY") and WILLIAM HOLT are
the parties to this Agreement. The term of the Agreement is for a fixed period of two (2) years,
commencing December 1, 2005 and expiring November 30, 2007. At the conclusion of said
two (2) year Agreement, WILLIAM HOLT will not be eligible to be retained or employed in
any capacity by the CITY for a period of twelve (12) consecutive months.
2. CITY may ternlinate this Agreement only upon WILLIAM HOLT'S inability or
refusal to conduct hearings and render decisions or his failure to maintain his good standing
and active status with the State Bar of California. CITY shall have no other right to terminate
this Agreement. WILLIAM HOLT may ternlinate this Agreement at any time by thirty (30)
days written notice.
3. WILLIAM HOLT will be acting as an independent hearing officer and
administrative law officer. WILLIAM HOLT will be hearing those matters specified by the
Municipal Code which the City Administrator or other City Official may delegate to a hearing
officer or administrative law officer.
4. WILLIAM HOLT will be paid at the rate of $200.00 per hour for preparation
and travel time, conduct of hearings, and signing of orders. The hourly rate includes overhead
expenses such as telephone, photocopy, postage, mileage and related costs.
5. Bills shall be submitted at least quarterly.
6. Support staff for hearings shall be provided by the City of San Bernardino. All
hearings shall be held in the CITY at City Hall.
7. Any written notice required to be given under this Agreement will be provided
at the following addresses:
CITY OF SAN BERNARDINO
CITY ADMINISTRATOR
300 North "D" Street
San Bernardino, California 92418
WILLIAM HOLT
Post Office Box 6040
Fullerton, California 92834
8. WILLIAM HOLT is an independent contractor to the CITY.
9. WILLIAM HOLT shall maintain the following type of insurance with limits as
shown:
a)
Workers Compensation as required by the laws of the State of
California, if applicable, including Employment Liability with $250,000
limits covering all persons providing service on behalf of WILLIAM
HOLT and all risks to such persons under this Agreement. WILLIAM
HOLT shall require his Workers Compensation carrier to waive all rights
of subrogation against the CITY, and its elected officers, officials boards,
commissions, attorneys, employees and agents and any others for whom
services are being provided under this Agreement.
b)
Automobile Liability Insurance coverage to include contractual
coverage and automobile coverage for owned, hired and non-owned
vehicles.
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Professional liability insurance with limits of at least $1,000,000
per claim.
All policies with respect to the insurance coverage above required, except for the Workers
c)
Compensation insurance coverage, shall obtain additional endorsements naming the CITY, its
elected officers, officials, boards, commissions, attorneys, employees and agents under this
Agreement as additional named insured with respect to liabilities arising out of the
performance of services hereunder.
WILLIAM HOLT shall furnish certificates of insurance and certified copies of all
policies and endorsements to the Risk Management Division of the City's Human Resources
Department evidencing the insurance coverage above required prior to the commencement of
perfornlance of services hereunder, which certificates shall provide that such insurance shall
not be terminated or expire without thirty (30) days written notice to the Risk Management
Division, and shall maintain such insurance from the time WILLIAM HOLT commences
performance of services hereunder until the completion of such services.
All policies required above are to be primary and non-contributing with any insurance
or self-insurance programs carried or administered by the CITY or other parties represented
under this Agreement.
10. All decisions after hearings shall be directed by WILLIAM HOLT to the parties
to the hearing, and to the City Administrator or the City Administrator's designee.
11. CITY agrees to indemnify and defend WILLIAM HOLT for any liability
imposed by law on WILLIAM HOLT as a result of any act or omission arising out of, or
performed under, his Hearing Officer duties and responsibilities under this Agreement. Any
indemnification of punitive or exemplary damages shall require the findings set forth in
Government Code 9825 (b) by the City Council.
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12. WILLIAM HOLT will indemnify and defend (if requested by CITY) the CITY
for any act or omission except those in paragraph 11, including, without limitation, travel to
and from the CITY.
13. WILLIAM HOLT agrees be available to hold hearings at least two (2) days per
month at City Hall. The hearings shall be held on days that City Hall is open to the public and
at times specified by the CITY, unless changed by mutual agreement of the parties. WILLIAM
HaL T will be available for a full day of hearings on days scheduled for hearing.
CITY OF SAN BERNARDINO
Dated:
Judith Valles, Mayor
City of San Bernardino
Dated:
WILLIAM HOLT
Approved as to
Fonn and legal content:
BYO~
Special COll sel
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