HomeMy WebLinkAbout12-City Manager CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Catherine Pritchett, Management Subject: Resolution of the Mayor and
Analyst Common Council of the City of San
Bernardino ratifying the execution of an
Through: Charles McNeely, City agreement with William Holt for Hearing
Manager Officer and/or Administrative Law Officer
services retroactive to December 1,
Dept: City Manager's Office 2009. ORIGINAL
Date: 11/5/2009
Council Meeting Date: 12/7/2009
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 IVAMS for hearing officer services
November 7`", 2005- Council Adopts Resolution 2005-365 authorizes the execution of a Professional
Services Agreement with William Holt to provide hearing officer services.
December 7`", 2007 - Adopts Resolution 2007-365 authorizes an amendment to a Professional Services
Agreement with William Holt to provide hearing officer services.
Recommended motion:
Adopt resolution.
Signature
Contact person: Catherine Pritchett Phone: 384-5122
Supporting data attached: Staff report, resolution, amendment Ward: All
FUNDING REQUIREMENTS: Amount: Estimated Cost$100,000 FY 09/10
Source: (Acct. No.) 001-092-5502
(Acct. Description) Non-departmental—
professional/contractual services
Finance:
Council Notes: p 1'� 2 f
Agenda Item No.
STAFF REPORT
Subiect•
Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the
execution of an agreement with William Holt for Hearing Officer and/or Administrative Law
Officer services retroactive to December 1, 2009.
Background:
In 1993, the Mayor and Common Council adopted MC-1148 adding Chapter 9.92 to the San
Bernardino Municipal Code (SBMC) to establish an Administrative Citation Process for Code
Enforcement Violations. Section 9.92 also established the Administrative Law Officer
("hearing officer") position. Since that time, the City has hired several hearing officers to
perform hearings for appeals to SBMC violations, including nuisance abatement, abandoned
vehicles, and other violations. Hearings for these appeals are held two (2) days per month for
an average of 6 (six) hours per day.
On May 22, 2008, MC-1268 went into effect, adding Chapter 9.93 to the SBMC and creating
Administrative Civil Penalties (ACP) for Municipal Code violations. This penalty, up to
$1000 per violation of the SBMC, was designed to be used as an additional enforcement tool
to address more egregious violations to the municipal code, or as an additional means to gain
compliance.
SBMC 9.93 also created an Administrative Hearing Officer position. This position is identical
to that of the Administrative Law Officer position identified in Section 9.92. In May of 2008,
the Mayor and Common Council amended Section 9.92 to state that the appointment,
qualifications, disqualifications and powers of the Administrative Law Officer shall be the
same as those provided for the Administrative Hearing Officer as stated in SBMC 9.93.
In 2002, a California Supreme Court decision (Haas v. County of San Bernardino, 27 Cal. 4th
1017) recommended municipalities to consider a series of changes with regard to the use of
hearing officers in order to insulate the City from potential legal challenges. One of those
suggestions being the length of an officers terms, as well as a rotation of hearings. Currently,
hearings for Administrative Citations (9.92) are rotated between two Hearing Officers; Mr.
Holt and Mr. Palmer. At the City Attorney's request, ACP hearings (9.93) are only heard by
Mr. Holt.
The City Attorney's Office was consulted, and it has been determined that there are no legal
issues with continuing Mr. Holt's Agreement for hearing officer/administrative officer
services for one additional year. Mr. Holt will continue in the rotation of administrative
penalty appeal hearings, as well as conduct all ACP appeal hearings.
This Agreement is similar to previous agreements. The hourly rate for services will remain at
$200.00. However, Mr. Holt has agreed to continue his 5% compensation reduction. In
addition, this agreement does not include reimbursement for travel expenses. All other terms
of the agreement are to remain the same.
Holt—2009 Hearing Officer
Page 1 of 2
Financial Impact:
In FY 08/09, the City paid Mr. Holt $32,000 to conduct hearings for Administrative Penalties
under 9.92, and approximately $110,000 to conduct hearings for Administrative Civil
Penalties under 9.93. In 08/09 an administrative budget amendment was done to fund
additional hearing officer services.
$100,000 was budgeted to fund Mr. Holt for hearing officer/administrative officer services for
FY 09/10. These funds are available in the General Government account. Staff will request a
budget amendment if additional funds are needed at a later date.
The total cost to the City each year depends upon the actual number of hours that hearings are
held.
Recommendation:
Adopt Resolution.
Holt—2009 Hearing Officer
Page 2 of 2
,
1 RESOLUTION NO. 2009-361 cc py
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO RATIFYING THE EXECUTION OF AN AGREEMENT WITH
3 WILLIAM HOLT FOR HEARING OFFICER AND/OR ADMINISTRATIVE LAW
OFFICER SERVICES RETROACTIVE TO DECEMBER 1, 2009.
4
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
7
8 and directed to execute on behalf of said City, a Professional Services Agreement between
9 WILLIAM HOLT and the City of San Bernardino, for hearing officer services and
10 administrative law officer services under the City's Municipal Code, which is attached hereto,
11 marked Exhibit"A", and incorporated herein by reference as fully as though set forth at length.
12 SECTION 2. The authorization to extend the above-referenced agreement is rescinded
13
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
14
resolution.
15
15 SECTION 3. That the implementation date is December 1, 2009; therefore, any action
17 taken between December 1, 2009 and the adoption of this Resolution is hereby ratified.
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��- 2-eiq
WEPY
2009-361
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO RATIFYING THE EXECUTION OF AN AGREEMENT WITH
2 WILLIAM HOLT FOR HEARING OFFICER AND/OR ADMINISTRATIVE LAW
OFFICER SERVICES RETROACTIVE TO DECEMBER 1, 2009.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
5 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
6 7th day of December, 2009, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA x
9
BAXTER x
10 x
BRINKER
11 x
12 SHORETT _
13 KELLEY x
14 JOHNSON x
15 MCCAMMACK x
16
17
City Clerk
18
18 The foregoing resolution is hereby approved this a r day ofDecember
2009.
20
21
at 'ck J. Morris, Mayor
22 City of San Bernardino
23 Approved as to form:
24
By:
25 City Attorney
26
27 �`
28
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 one (1) year,
commencing December 1, 2009 and expiring November 30, 2010.
2. CITY may terminate 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 terminate 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'Manager 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,
conduct of hearings, and signing of orders. The hourly rate includes overhead expenses such as
telephone, photocopy, postage, mileage and related costs. No travel expenses will be paid.
WILLIAM HOLT has agreed to continue the 5% compensation reduction; this reduction will
be reflected on the monthly invoices.
5. Bills shall be submitted monthly.
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:
2009 Agreement—Holt Exhibit "A"
Page 1 of 4
1) CITY OF SAN BERNARDINO
CITY MANAGER—6th Floor
300 North "D" Street
San Bernardino, California 92418
2) 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 4o#o 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.
C) 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
Compensation insurance coverage, shall obtain additional endorsements naming the CITY, its
2
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
performance 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 City
Manager or the City Manager's designee, for service on the parties to the hearing.
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 §825 (b) by the City Council.
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.
3
13. WILLIAM HOLT agrees to 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 HOLT will be available for a full day of hearings on days scheduled for hearing.
CITY OF SAN BERNARDINO
Dated:
Patrick J. Morris, Mayor
City of San Bernardino
Dated:
WILLIAM HOLT
Approved as to form:
By:
James F. Penman
City Attorney
4
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Catherine Pritchett, Management Subject: Resolution of the Mayor and
Analyst Common Council of the City of San
Bernardino ratifying the execution of an
Through: Charles McNeely, City agreement with William Holt for Hearing
Manager Officer and/or Administrative Law Officer
services retroactive to December 1,
Dept: City Manager's Office 2009.
Date: 11/5/2009 colpy
Council Meeting Date: 12/7/2009
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 IVAMS for hearing officer services
November 7th, 2005- Council Adopts Resolution 2005-365 authorizes the execution of a Professional
Services Agreement with William Holt to provide hearing officer services.
December 7th, 2007 -Adopts Resolution 2007-365 authorizes an amendment to a Professional Services
Agreement with William Holt to provide hearing officer services.
Recommended motion: ,
Adopt resolution. \
Signature
Contact person: Catherine Pritchett Phone: 384-5122
Supporting data attached: Staff report, resolution, amendment Ward: All
FUNDING REQUIREMENTS: Amount: Estimated Cost$100,000 FY 09/10
Source: (Acct. No.) 001-092-5502
(Acct. Description) Non-departmental—
professional/contractual services
Finance:
Council Notes:
Agenda Item No.
STAFF REPORT
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the
execution of an agreement with William Holt for Hearing Officer and/or Administrative Law
Officer services retroactive to December 1, 2009.
Background:
In 1993, the Mayor and Common Council adopted MC-1148 adding Chapter 9.92 to the San
Bernardino Municipal Code (SBMC) to establish an Administrative Citation Process for Code
Enforcement Violations. Section 9.92 also established the Administrative Law Officer
("hearing officer") position. Since that time, the City has hired several hearing officers to
perform hearings for appeals to SBMC violations, including nuisance abatement, abandoned
vehicles, and other violations. Hearings for these appeals are held two (2) days per month for
an average of 6 (six) hours per day.
On May 22, 2008, MC-1268 went into effect, adding-Chapter 9.93 to the SBMC and creating
Administrative Civil Penalties (ACP) for Municipal Code violations. This penalty, up to
$1000 per violation of the SBMC, was designed to be used as an additional enforcement tool
to address more egregious violations to the municipal code, or as an additional means to gain
compliance.
SBMC 9.93 also created an Administrative Hearing Officer position. This position is identical
to that of the Administrative Law Officer position identified in Section 9.92. In May of 2008,
the Mayor and Common Council amended Section 9.92 to state that the appointment,
qualifications, disqualifications and powers of the Administrative Law Officer shall be the
same as those provided for the Administrative Hearing Officer as stated in SBMC 9.93.
In 2002, a California Supreme Court decision (Haas v. County of San Bernardino, 27 Cal. 4th
10 17) recommended municipalities to consider a series of changes with regard to the use of
hearing officers in order to insulate the City from potential legal challenges. One of those
suggestions being the length of an officers terms, as well as a rotation of hearings. Currently,
hearings for Administrative Citations (9.92) are rotated between two Hearing Officers; Mr.
Holt and Mr. Palmer. At the City Attorney's request, ACP hearings (9.93) are only heard by
Mr. Holt.
The City Attorney's Office was consulted, and it has been determined that there are no legal
issues with continuing Mr. Holt's Agreement for hearing officer/administrative officer
services for one additional year. Mr. Holt will continue in the rotation of administrative
penalty appeal hearings, as well as conduct all ACP appeal hearings.
This Agreement is similar to previous agreements. The hourly rate for services will remain at
$200.00. However, Mr. Holt has agreed to continue his 5% compensation reduction. In
addition, this agreement does not include reimbursement for travel expenses. All other terms
of the agreement are to remain the same.
Holt—2009 Hearing Officer
Page 1 of 2
Financial Impact:
In FY 08/09, the City paid Mr. Holt $32.000 to conduct hearings for Administrative Penalties
under 9.92, and approximately $110,000 to conduct hearings for Administrative Civil
Penalties under 9.93. In 08/09 an administrative budget amendment was done to fund
additional hearing officer services.
$100,000 was budgeted to fund Mr. Holt for hearing officer/administrative officer services for
FY 09/10. These funds are available in the General Government account. Staff will request a
budget amendment if additional funds are needed at a later date.
The total cost to the City each year depends upon the actual number of hours that hearings are
held.
Recommendation:
Adopt Resolution.
Holt—2009 Hearing Officer
Page 2 of 2