HomeMy WebLinkAbout09-City Administrator
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City Administrator
Subject: Resolution authorizing
execution of a Professional Services
Agreement with Michael B. Rutberg for
Hearing Officer and/or Administrative
Law Officer services
Dept: City Administrator's Office.
Date: August 9, 20~'OR1GlNAL
Synopsis of Previous Council Action:
December 1997 - Council adopts Resolution 97-372 authorizing the execution of a Professional Services
Agreement with William Holt for hearing officer services
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
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.
Recommended motion:
1. That the Mayor and Common Council appoint Michael B. Rutberg as an
Administrative Law Officer until August 31, 2006, purs ant to Chapter 9.92 of the
Municipal Code; and
2. Adopt resolution.
Contact person: Lori Sassoon
Phone: 384-5122
Supporting data attached: Staff report, resolution
Ward: All
FUNDING REQUIREMENTS:
Amount: Estimated $18,000 annually
Source: (Accl. No,) 001-092-5502
(Accl. Description) Non-departmental -
professional/contractual services
Finance:
Council Notes:
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Agenda Item No. -9
STAFF REPORT
Subiect:
Resolution authorizing execution of a Professional Services Agreement with Michael B.
Rutberg for Hearing Officer and/or Administrative Law Officer services
Backl!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 activity 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 of 6 (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, William Holt, expired on August 4, 2004. The agreement
with the other officer, Greer Stroud, will expire on November 30, 2005.
Since the agreement with William Holt has expired, 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.)
In order to identify potential hearing officer firms and/or individuals, staff released a
Scope of Work to arbitration and mediation firms, as well as the Chamber of Commerce
and the City's web site. Through this process, Judge Michael B. Rutberg was identified
and is now recommended for this work. Judge Rutberg has had many years of court and
arbitration/mediation experience; his profile is attached. Staff is recommending approval
of a two-year agreement with Judge Rutberg at the rate of $200 per hour.
Furthermore, pursuant to the administrative citation ordinance, staff is recommending
that Judge Rutberg be appointed 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.
With these actions, the necessary rotation of two (2) hearing officers will be continued.
Financial Impact:
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
Officer Stroud. For FY 2004-05, approximately $36,000 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 Michael B. Rutberg as
an Administrative Law Officer until August 31, 2006, pursuant to Chapter 9.92 of the
Municipal Code; and adopt the resolution.
Judicate West
Page 1 of2
Sassoon_Lo
From: cris@adjudicateinc.com
Sent: Tuesday, June 29, 2004 11 :44 AM
To: Sassoon_Lo
Subject: Judicate West Mediator Profile - Hon. Michael B. Rutberg
Profile for Judge Rutberg
b Hon. Michael B. Rutberg
While now serving on a civil assignment for the Los Angeles Superior Court in Compton,
Judge Rutberg is concurrently offering his knowledge, experience and talent to the private
sector as an Arbitrator, Mediator and Private Judge. As an Arbitrator, our clients have
admired his friendly, courteous, charismatic personality, his inquisitive, thorough approach
and, as one of our clients commented, "His ability to ask the right questions to achieve a
just result." As a Mediator, he has recorded an exceptionally high settlement rate, which
many clients attribute to his perseverance, objectivity and work ethic. "I really like Rutberg.
He really works hard to settle your case," one prominent lawyer told us.
LEGAL CAREER. PRIOR EXPERIENCE
. Judge, Los Angeles Superior Court, Compton, on assignment (1996-present)
. Judge, Municipal Court, Citrus Judicial District, Los Angeles County (1976-96); Presiding Judge (1980-81 and
1988)
. Associate Justice Pro Tempore, Court of Appeal, Second Appellate District, Division Five
. Prior to appointment to the bench, served as Judge Pro Tempore, Beverly Hills and Los Angeles Municipal
Courts.
. Private Law Practice, Beverly Hills and Los Angeles, emphasizing Domestic Relations, Business Disputes, &
Personal Injury Litigation (1969-76)
. Associate, McKenna & Fitting, Construction & Real Estate Law (1965-69)
PROFESSIONAL AFFILIATIONS. EDUCATION
. Former Instructor, University of La Verne School of Law and San Fernando College of Law; Former Instructor of
Business Law, California University, Northridge
. Faculty, Municipal and Justice Court Judges Institute, California Judges Association, Indian Wells, CA (1980);
Monterey, CA (1979)
. Member, California Judges Association; Member, ADR Subcommittee
. J.D., University of California, Los Angeles (1964)
. 8.A., University of California, Los Angeles (1961)
ADR SPECIALIZATION
. Personal Injury
. Products Liability
. Business/Commercial Litigation
. Construction
. Real Estate
07/15/2004
Judicate West
Page 2 of2
. H.O.A.
. Intellectual Property
. Professional Malpractice
ACHIEVEMENT a AWARDS
. Published, California Court of Appeal Opinions; Skyway Aviation, Inc. v. Troyer (1983) 147 Cal. App 3d 604;
People v. Beach 147 Cal. App 3d 612 (1983); "Revolving Door Justice Denied," San Gabriel Tribune (1979)
HOBBIES a INTERESTS
Enjoys Golf, Snow Skiing, Boating and the Theatre
d.an
~I
AltemaUve Dispute ReeoIutlon
(800) 488-8805
Copyright@2004. Judicate West. All rights reserved.
Any questions? Please email it to team(Q)adiudicateinc.com
07/15/2004
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RESOLUT~~1f'
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN MICHAEL B. RUTBERG 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
MICHAEL B. RUTBERG 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 MICHAEL B. RUTBERG 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
_ day of
, 2004, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2004.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
By: L~l
$('(;cl~ (0...5../
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2004-
PROFESSIONAL SERVICES AGREEMENT
I. THE CITY OF SAN BERNARDINO ("CITY") and MICHAEL B.
RUTBERG are the parties to this Agreement. The term of the Agreement is for a fixed period
of two (2) years, commencing September I, 2004 and expiring August 31, 2006. At the
conclusion of said two (2) year Agreement, MICHAEL B. RUTBERG 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 terminate this Agreement only upon MICHAEL B. RUTBERG'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. MICHAEL B. RUTBERG may terminate this Agreement at any time
by thirty (30) days written notice.
3. MICHAEL B. RUTBERG will be acting as an independent hearing officer and
administrative law officer. MICHAEL B. RUTBERG 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. MICHAEL B. RUTBERG 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 the City Hall.
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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 "0" Street
San Bernardino, California 92418
MICHAEL B. RUTBERG
3136 Hemstead Court
West Covina, CA 91791
8. MICHAEL B. RUTBERG is an independent contractor as to the CITY.
9. MICHAEL B. RUTBERG 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 MICHAEL B.
RUTBERG and all risks to such persons under this Agreement.
MICHAEL B. RUTBERG 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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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
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.
MICHAEL B. RUTBERG 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 MICHAEL B.
RUTBERG 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 MICHAEL B. RUTBERG to
the parties to the hearing, and to the City Administrator or the City Administrator's designee.
II. CITY agrees to indemnify and defend MICHAEL B. RUTBERG for any
liability imposed by law on MICHAEL B. RUTBERG as a result of any act or omission arising
out of, or performed under, his Hearing Officer duties and responsibilities under this
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PROFESSIONAL SERVICES AGREEMENT
Agreement. Any indemnification of punitive or exemplary damages shall require the findings
set forth in Government Code 9825 (b) by the City Council.
12. MICHAEL B. RUTBERG will indemnify and defend (if requested by CITY)
the CITY for any act or omission except those in paragraph 10, including, without limitation,
travel to and from the CITY.
13. MICHAEL B. RUTBERG 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.
MICHAEL B. RUTBERG 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:
MICHAEL B. RUTBERG
Approved as to
Form and legal content:
BY:~
Sf~ci"- O'-""H {
4
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. . CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
",
September 1 0, 2004
Mr. Michael Rutberg
3136 Hemstead Court
West Covina, CA 91791
Dear Mr. Rutberg,
At the Mayor and Common Council meeting of September 7, 2004, the City of San Bernardino
adopted Resolution 2004-269 - Resolution authorizing the execution of a professional services
agreement between Michael B. Rutberg and the City of San Bernardino for Hearing Officer
and/or Administrative Law Officer services.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by November 8, 2004.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
U71(cG:;.([J~\ (,L.
Michelle Taylor U
Senior Secretary
Enclosure
CiTY OF SAN BERNARDINO
AnOPTRD SHARRD VAl~UES: Intei!ritv. Accountabilitv. Resnect for Human Di~nitv. Honestv
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 21,2004
TO:
Lori Sassoon, Assistant to the City Administrator
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-269 - Michael B. Rutberg
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the agreement with Michael B. Rutberg for Hearing Officer
and/or Administrative Law Officer services. The original agreement is on file in the City Clerk's
Office.
If you have any questions, please call me at ex!. 3206.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): q . C). 04 Item # q Resolution #
Vote: Ayes i-I"") Nays er Abstain..e-
Change to motion to amend original documents 0 Companion Resolutions
Zt<A- 2io 9
Absent ..e-
NulVVoid After: <t,a days / \ \- 'is'-()4
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor:
Date of Mayor's Signature:
q-9 -0<\
9- 10-01
C\ -\0- c) 't
Reso. Log Updated: ~
Seal Impressed: .g-
Date of Clerk/CDC Signature:
Date Memo/Letter Sent for Signature:
I sl Reminder Letter Sent:
<:1- 10-01 Date Returned: ~ -b!~.O<-L Not Returned: 0
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes ./ No By
Updated Prior Resolutions (Other Than Below): Yes No ./ By
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634): Yes NoL By
Updated CDC Personnel Folders (5557): Yes No ,/ By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes N07 B
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator ~ Facilities 0 Parks & Recreation 0
City Attorney g/ Finance if Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others: 3
Notes:
Ready to File:_
Date:
Revised 12/18/03