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HomeMy WebLinkAbout15- Facilities Management CITY OF SAN BERN. IDINO - REQUEST F A COUNCIL ACTION From: James W. Sharer, Facilities Manager Subject: Agreement with City of Yucaipa relative to City of San Bernardino's Dept: Facilities Management/Parking Control "Hearing Officer" services Date: January 03, 1994 Synopsis of Previous Council action: June 08, 1993 Request for Council Action for Agreement with the cities of Redlands and Loma Linda relative to City of San Bernardino's "Hearing Officer" services. Resolution No. 93-211 Recommended motion: Adopt Resolution Signature Contact person: James W. Sharer Phone: 5244 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. / CITY OF SAN BERN! -IDINO - REQUEST F( I COUNCIL ACTION STAFF REPORT RECOMMENDATION: Recommend that the Mayor and Council authorize the execution of an Agreement with the city of Yucaipa to contract for the city of San Bernardino's "Hearing Officer" services. The City is presently providing this service for the cities of Redlands, Loma Linda and Rialto. The City can expect to earn approximately $28,000 annually in additional revenue from a state trust fund and reimbursement from cities that are contracting our services. SUMMARY: The Governor recently signed into law Assembly Bill 408, which decriminalized parking citations, removed parking citation processing from the courts, and established a system of administrative adjudication for those offenses. Decriminalization of the citations was the final step in removing them from the criminal justice system. Administrative adjudication replaced the complex criminal court process by requiring the parking agency to hold a no-charge administrative review of citations, offer a mail-in or personal conference with a hearing examiner, and permits a final review by a civil court. Assembly Bill 408 became effective July 01, 1993 and it has been successfully implemented by the Facilities Management Division. 15-0264 1 RESOLUTION 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT WITH THE CITY OF YUCAIPA RELATING TO THE JOINT USE OF THE CITY OF SAN BERNARDINO'S HEARING 4 OFFICER SERVICES, IN ACCORDANCE WITH ASSEMBLY BILL 408. 5 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 Yucaipa 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. 12 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 meeting thereof, held on the day of 1994, by the following 18 vote, to wit: 19 20 21 22 23 24 25 26 27 28 1 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 EXECUTION OF AN AGREEMENT WITH THE CITY OF YUCAIPA RELATING TO THE JOINT USE OF THE CITY OF SAN BERNARDINO'S HEARING 3 OFFICER SERVICES, IN ACCORDANCE WITH ASSEMBLY BILL 408. 4 COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT 5 NEGRETE 6 CURLIN 7 HERNANDEZ 8 OBERHELMAN 9 DEVLIN 10 POPE-LUDLAM 11 MILLER 12 13 City Clerk 14 15 The foregoing resolution is hereby approved this day of 1994. 16 17 Tom Minor, Mayor 18 City of San Bernardino 19 Approved as to form and legal content: 20 JAMES F. PENMAN 21 City Attorney 22 By_ 23 24 25 26 27 28 1 AGREEMENT 2 THIS AGREEMENT made and entered into this day of 3 -22nL,1993, 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 follows: 6 WHEREAS, Assembly Bill 408, California Vehicle Code Section 40200 7 et. seq. , has decriminalized parking violations; and 8 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 11 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 13 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: 17 1. The City of San Bernardino will provide the review of contested 18 parking violations by a hearing officer for the City of Yucaipa. 19 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. 25 3. The City of Yucaipa agrees to adhere to the scheduling 26 procedure as set forth in Exhibit "A" attached hereto. 27 4. The City of San Bernardino agrees to provide an impartial 28 hearing officer and agrees to ensure an impartial review of contested 1 parking violations by said hearing officer in accordance with Vehicle Code 2 Section 40215. 3 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 6 on the date first above shown. 7 8 9 .' ! '/ i a at 10 ATTEST: 11 12 Cit lerk 13 14 Approved as to form: 15 U"OkT. 16 City A orney 17 18 TOM MINOR, Mayor of San San Bernardino 19 20 ATTEST: 21 22 RACHEL CLARK, City Clerk 23 Approved as to form and content: 24 , 25 k, _ � - JAMES PENMAN, City Attorney 26 f,� 27 28 ti .. AD, 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 "D" Street, Basement, Ban Bernardino, CA, not later that five (5) working days prior to scheduled hearing.