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HomeMy WebLinkAbout09-City Administrator o o o 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. f$~~ 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. ~ o o o 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. o o o 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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. 1/1 I I I I I I III III // I 23 24 25 III 26 III I I I 27 28 Ylo,q II /1;h 1 2 3 4 5 6 7 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 9 10 11 12 13 14 15 16 MCCAMMACK 17 18 19 ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON City Clerk day of The foregoing resolution is hereby approved this 20 2005. 21 22 23 24 25 26 27 28 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. 2 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. 3 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 4