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HomeMy WebLinkAbout10-City Manager CITY OF SAN BERNARDINO - REQUEST FOR COUNCIOOt@N\] A L From: Fred Wilson, City Manager Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF REDLANDS TO EXCHANGE HEARING OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES. Dept: City Manager's Office Date: 8/26/08 Council Meeting Date: 9/15/08 Synopsis of Previous Council Action: December 17'h, 2007 - Council Adopted Resolution 2007-475 re-appointing William Holt as Hearing Officer and/or Administrative Law Officer. September 5'h, 2006 - Council adopted Resolution 2006-304 appointing Mandel Himmelstein as Hearing Officer and/or Administrative Law Officer. Recommended motion: Adopt resolution. Contact person: Catherine Pritchett, Management Analyst I Phone: 384-5122 Supporting data attached: Staff report, resolution, MOU Ward: All FUNDING REQUIREMENTS: Amount: Approximately $11,250 (Budgeted for FY 08/09) Source: (Ace!. No.) 001-092-5502 Finance: Council Notes: "Pat..eD Agenda Item No. 10 q'/5--06 STAFF REPORT Subiect: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF REDLANDS TO EXCHANGE HEARING OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES. Backl!round: In 1991, the Mayor and Common Council adopted Ordinance MC-80? which designated the City Manager 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 independent Hearing Officers qualified to hear nuisance-related cases. Code Enforcement cases are scheduled 2 (two) times per month. The City currently rotates these cases between two Hearing Officers, each hearing cases one time per month for an average of 6 (six) hours per day. The City currently pays its Hearing Officers $200 per hour for case preparation, travel time, to conduct hearings, and to sign orders. Each Hearing Officer submits a monthly invoice to the City for approximately $1875 per hearing, totaling approximately $45,000 annually. Hearing Officers currently serve for staggered two year terms. In an effort to save money, a discussion began with the City of Redlands to exchange Hearing Officer/Administrative Officer services in October of 2007. At that time, the City of San Bernardino had two existing agreements with Hearing Officers. Both cities determined that it would be advantageous to enter into an agreement to exchange services after one of the contracts expired. Hearing Officer Del Himelstein's contract expired on August 31, 2008, leaving a vacancy in San Bernardino's Hearing Officer rotation. Both Redlands and San Bernardino now have a need for Hearing Officer Services, and both have legal staff that possess the professional skills and ability to provide those services. Pursuant to this agreement, Redlands will provide San Bernardino with an in house Attorney to provide Hearing Officer Services one time per month, on a regularly scheduled date. In turn, San Bernardino will provide Redlands with an in house Attorney to provide Hearing Officer Services on an as need basis, on dates agreed upon at least one week in advance by both cities. This exchange of services is expected to ease some of the financial burden associated with the high fees currently paid to outside Hearing Officers. San Bernardino and Redlands have agreed to exchange all Hearing Officer/Administrative Officer related services at rates equal to: . $200.00 per hour to conduct the meetings . $200.00 per hearing for preparation . $400.00 per hearing for post hearing activities It is expected that during the term of this agreement the City of San Bernardino will likely utilize the exchange of services more than Redlands. The City of San Bernardino, City Manager's Office will determine quarterly the potential amount owed to each City based on the service provided by the City of Redlands to San Bernardino, less any applicable services provided by the City of San Bernardino to the City of Redlands. Beginning in December, 2008, the City of San Bernardino will submit quarterly a payment or an invoice to the City of Red lands. This MOD is for a period of two years, commencing on September I, 2008 and ending on August 30, 2010. The City of Redlands, City Attorney's Office and the City of San Bernardino's City Attorney's Office were involved in drafting the MOD and have approved its content. Financial Impact: There will be no net impact to the General Fund as a result of this action. This proposed MOD is meant to supplement the current services. The City has budgeted $45,000 to fund the services of two Hearing Officer's for FY 08/09. By exchanging Hearing Officer Services with Redlands, the City is anticipating a savings of approximately 25%, or $11,250, of the budgeted amount. Recommendation: Adopt Resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF REDLANDS TO EXCHANGE HEARING OFFICER ANDIOR ADMINISTRA TIVE LAW OFFICER SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a Memorandum of Understanding between the City of Redlands and the City of San Bernardino for Hearing Officer services and Administrative Law Officer services under the City's Municipal Code, 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 ninety (90) days of the passage of this resolution. III III III III III III III III III III 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF RED LANDS TO EXCHANGE HEARING OFFICER AND/OR ADMINISTRA TIVE 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 _ day of , 2008, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, City ttorney /~ '- MEMORANDUM OF UNDERSTANDING ADMINISTRATIVE LAW OFFICER / HEARING OFFICER SERVICES This Memorandum of Understanding ("MOU") is made and entered into by and between the City of Redlands and the City of San Bernardino. WHEREAS, the City of San Bernardino and the City of Redlands desire to provide one another with Hearing Officer services and Administrative Law Officer services; and WHEREAS, the City of San Bernardino and the City of Redlands both possess the professional skills and ability to provide said services; NOW, THEREFORE, in consideration of the mutual and respective promises and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES. The City of San Bernardino and the City of Redlands agree to exchange Hearing Officer services and Administrative Law Officer services in accordance with the City of San Bernardino Municipal Code Chapters 8.27, 8.30, 9.92, and 9.93 and the applicable sections of the Redlands Municipal Code. The goal of this process is to gain property owner compliance as quickly as possible, and to recoup the City's code enforcement costs where appropriate. 2. COMPENSATION. City of San Bernardino shall: . Credit the City of Redlands at the rate of $200.00 per hour for the conduct of hearings. The hourly rate includes overhead expenses such as telephone, photocopy, postage, and related costs. All credited hours shall be rounded to the nearest 15 minutes. . Credit the City of Redlands a flat rate of $200.00 for preparation per hearing day. . Credit the City of Redlands a flat rate of $400.00 for post-hearing activities per hearing day. . No reimbursement shall be paid to the City of Redlands for travel time or expenses, and no other expenditures made by the City of Redlands shall be reimbursed by the City of San Bernardino. The City of Redlands understands that its services may be needed on a once a month basis. If additional days are needed because of the absence of the other Hearing Officer, the City of San Bernardino may contact the City of Redlands to determine if the Hearing Officer is available one week before that hearing. If, because of other schedule commitments, the City of Redlands cannot provide the Hearing Officer, the City of Redlands will contact the City of San Bernardino at least two working days prior to the hearing. -1- The City of Redlands shall; . Credit the City of San Bernardino at the rate of $200.00 per hour for the conduct of hearings. The hourly rate includes overhead expenses such as telephone, photocopy, postage, and related costs. All credited hours shall be rounded to the nearest 15 minutes. . Credit the City of San Bernardino a flat rate of $200.00 for preparation per hearing day. . Credit the City of San Bernardino a flat rate of $400.00 for post-hearing activities per hearing day. . No reimbursement shall be paid to the City of San Bernardino for travel time or expenses, and no other expenditures made by the City of San Bernardino shall be reimbursed by the City of Redlands. The City of San Bernardino understands that its services will be required on an as needed basis. The City of Redlands will contact the City of San Bernardino to determine if the Hearing Officer is available one week before the hearing. If, because of other schedule commitments, the City of San Bernardino cannot provide the Hearing Officer, the City of San Bernardino will contact the City of Redlands at least two working days prior to the hearing. Support staff for hearings held in each City shall be provided by the host city. 3. PAYMENT TERMS. Following each hearing, the City providing the Hearing Officer shall complete and submit to the host City a hearing tracking sheet illustrating the total cost of the services provided. Beginning in December 2008, the City of San Bernardino City Manager's Office will determine quarterly the net amount owed to each City based on the service provided by the City of San Bernardino to Redlands, less any applicable credit for service provided by the City of Redlands to the City of San Bernardino. Quarterly, the City of San Bernardino will submit either a payment or an invoice to the City of Redlands City Manager's Office at the address listed in this contract. 4. TERM. The term of this MOU shall commence on October I, 2008, and terminate on September 30, 2010. This MOU may be terminated at any time by thirty (30) days prior written notice by either party. The terms of this MOU shall remain in force unless mutually amended. The duration of this MOU may be extended with the written consent of both parties. 5. INDEMNITY. The City of San Bernardino shall indemnify and hold harmless the City of Redlands, its officers, agents, attorneys and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from the City of San Bernardino's negligent acts or omissions arising from the City of San Bernardino's performance of its obligations under the MOU. - 2 - The City of Redlands shall indemnify and hold harmless the City of San Bernardino, its officers, agents, attorneys and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from the City of Redlands' negligent acts or omissions arising from the City of Redlands' performance of its obligations under the MOU. In the event the City of San Bernardino and/or the City of Redlands is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under this MOU, the City of San Bernardino and/or the City of Redlands shall indemnify the other to the extent of its comparative fault. 6. NOTICES. Any notice to be given pursuant to this MOU shall be deposited with the United States Postal Service, postage prepaid and addressed as follows. TO THE CITY OF SAN BERNARDINO: City Manager's Office 300 North "D" Street San Bernardino, CA 92418 Phone: (909) 384-5122 Fax: (909) 384-5138 TO THE CITY OF REDLANDS: N. Enrique Martinez, City Manager P.O. Box 3005 Redlands, CA 92373 Phone: (909) 798-7510 Fax: (909) 798-7503 7. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this MOU, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of either City Attorney and members of the City Attorney's Office in enforcing this MOU on behalf of either City shall be considered as "attorneys' fees" for the purposes of this paragraph. 8. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this MOU shall be tried and litigated either in the State courts located in the San Bernardino District, County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Eastern Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. - 3 - 9. GOVERNING LAW. This MOU shall be governed by and construed and interpreted in accordance with the laws of the State of California without regard to principals of conflicts oflaw. 10. SEVERABILITY. If any provision of this MOU is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this MOD shall remain in full force and effect. 11. ENTIRE AGREEMENT; MODIFICATION. This MOD constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner ofthis MOD. This MOU may be modified or amended only by a written instrument executed by all parties to this MOD. IN WITNESS THEREOF, the parties hereto have executed this MOD on the day and date set forth below. Date: September _, 2008 City of Redlands By: Jon Harrison, Mayor ATTEST: Lorrie Poyzer, City Clerk Date: September _, 2008 City of San Bernardino By: Lori Sassoon, Acting City Manager Approved as to Form: JAMES F. PENMAN City Attorney for San Bernardino By: L J.<h o - 4-