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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City Administrator
Subject: Resolution authorizing
execution of a Professional Services
Agreement with Greer Stroud for
Hearing Officer and Administrative Law
Officer services
Dept: City Administrator's Office
Date: November 18, 2003
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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
Recommended motion:
1. Adopt resolution; and
2. That the Mayor and Common Council appoint William Holt and Greer Stroud as
Administrative Law Officers pursuant to Chapter 9.92 of e Mu icipal Code.
Contact person: Fred Wilson
Phone: 384-5122
Supporting data attached: Staff report, resolution
Ward: All
FUNDING REQUIREMENTS: Amount: Estimated $28,800 annually
Source: (Acct No.) 001-092-5502
(Acct Description) Non-departmental -
professional/contractual services
Finance:
Council Notes:
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Agenda Item No.
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STAFF REPORT
Subiect:
Resolution authorizing execution of a Professional Services Agreement with Greer
Stroud for Hearing Officer and 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 in 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 the first officer, William Holt, will expire in 2004. The agreement with
the second firm, Inland Valley Arbitration Mediation Service (IV AMS), expired in
August 2003.
Since the IV AMS agreement 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 contacted the
two arbitration/mediation firms in the City. One group, Inland Mediation Board, has an
existing agreement for services with the Economic Development Agency related to fair
housing, and therefore has a conflict. The second firm, JAMS, expressed an interest in
providing services. However, the City's anticipated payment of $200 per hour is
significantly below what JAMS' former judges and court commissioners typically
charge. In order to assist the City, Gina Miller of JAMS offered to provide information
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concerning the opportunity to the JAMS arbitrators, and permit them to participate
outside of their JAMS contracts.
Through this process, JAMS assisted staff in identifying Court Commissioner Greer
Stroud. Ms. Stroud has been with JAMS since 1988, and for four (4) years heard small
claims appeals in Superior Court. Staff is recommending approval of a two-year
agreement with Ms. Stroud at the rate of $200 per hour.
Furthermore, pursuant to the administrative citation ordinance, staff is recommending
that the current remaining hearing officer, William Holt, be named an Administrative
Law Officer along with Ms. Stroud. 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 completed,
and there will also be two (2) Administrative Law Officers available for hearings related
to administrative citations.
Financial ImDact:
There will be some small savings to the General Fund as a result of these actions, as the
new contract with Greer Stroud is at a lower cost than the previous agreement with
IV AMS. For FY 2003-04, approximately $30,000 has been budgeted for hearing officer
services. .
The actual cost to the City each year depends upon how frequently each firm is used, and
the actual number of hours that hearings are held. It is not yet known how frequently
hearings may be held under the administrative citation process.
Recommendation:
It is recommended that the Mayor and Common Council adopt the resolution, and name
William Holt and Greer Stroud as Administrative Law Officers pursuant to Chapter 9.92
ofthe Municipal Code.
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RESOLUT~O \P1f
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN GREER STROUD AND THE CITY OF SAN
BERNARDINO FOR HEARING OFFICER ANDIOR 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 GREER
STROUD 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 GREER STROUD 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
, 2003, by the following vote, to wit:
Council Members:
AYES
ABSTAIN ABSENT
NAYS
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2003.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
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2003-_
PROFESSIONAL SERVICES AGREEMENT
1. THE CITY OF SAN BERNARDINO ("CITY") and GREER H. STROUD
are the parties to this Agreement. The term of the Agreement is for a fixed period of two (2)
years, commencing December 1,2003 and expiring November 30, 2005. At the conclusion of
said three (3) year Agreement, GREER H. STROUD 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 GREER H. STROUD'S
inability or refusal to conduct hearings and render decisions or her failure to maintain said good
standing and active status. CITY shall have no other right to terminate this Agreement.
3. GREER H. STROUD will be acting as an independent hearing officer and
administrative law officer. GREER H. STROUD 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. GREER H. STROUD will be paid at the rate of $200.00 per hour. 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.
7. Any written notice required to be given under this Agreement will be provided
at the following addresses:
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as shown:
CITY OF SAN BERNARDINO
CITY ADMINISTRATOR
300 North "D" Street
San Bernardino, California 92418
GREER H. STROUD
485 W. 2nd Street
Tustin, CA 92780
8.
GREER H. STROUD is an independent contractor as to the CITY.
9.
GREER H. STROUD shall maintain the following type of insurance with limits
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 GREER H.
STROUD and all risks to such persons under this Agreement. GREER H.
STROUD 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
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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.
GREER H. STROUD 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 GREER H. STROUD 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 GREER H. STROUD to the
parties to the hearing, and to the City Administrator or the City Administrator's designee.
11. CITY agrees to indemnify and defend GREER H. STROUD for any liability
imposed by law on GREER H. STROUD 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.
12. GREER H. STROUD 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.
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13. GREER H. STROUD 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.
GREER H. STROUD 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:
GREER H. STROUD
Approved as to
Form and legal content:
BY:\~
SI' ....d~ CCJ~,"'s~1
4
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, CM.C. . CITY CLERK
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002' Fax; 909.384.5158
www.ci.san-bernardino.ca.lls
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December 5, 2003
Greer H. Stroud
485 W. 2nd Street
Tustin, CA 92780
Dear Mr. Stroud,
At the Mayor and Common Council meeting of December I, 2003, the City of San Bernardino
adopted Resolution 2003-321 - Resolution authorizing the execution of a professional services
agreement between Greer Stroud and the City of San Bernardino for Hearing Officer and/or
Administrative Law Officer services.
Enclosed is one (I) 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 January 30, 2004.
Please retain a copy of the agreement for your files.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
(}l(C {~;~((<jr
Michelle Taylor "'
Senior Secretary
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Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty
December 8, 2003
Michelle Taylor
Senior Secretary
Office of the City Clerk
300 North "D" Street
San Bernardino, CA 92418-0001
Dear Ms. Taylor:
I signed and am returning the Professional Services Agreement, which you recently
forwarded; to me. I made a few minor changes. Also, I am in the process of obtaining
the required insurance and anticipate that it will be in place within a week.
I am ready to start as soon as possible; however, have planned a week's vacation between
Christmas and New Years and am not available on January 6th or 7th. I hope that these
prior commitments will be acceptable to the City.
I look forward to talking with you in the next few days.
Very truly yours,
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Greer H. Stroud
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 12, 2003
TO:
Fred Wilson, City Administrator
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-321 - Greer Stroud.
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the professional services agreement with Greer Stroud for
Hearing Officer and 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.
...
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
IL - 1-03
Nays
<1
Item #
h
Vote:
Ayes I - '1
Abstain
Change to motion to amend original documents:
Resolution #
?co>3z..,
Absent .&
A-
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: \ '2 - '2:- 03
Date of Mayor's Signature: 12-3'D'5
Date ofClerk/CDC Signature: ,<- - L-)-a3
Null/Void After: ice;) O~l~J 1-30'\j'-\
By: -
Reso. Log Updated:
Seal Impressed:
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Date Memo/Letter Sent for Signature: 12-- S. D.2:,
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: /Date Returned: 1/ -11--03
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance
Dev. Services
Public Services
Police
Water
Notes:
Yes ,,/ No By /)
Yes No -L- By..., -
Yes No -L.. By -' ~
Yes No /. By_ +--
Yes NOZ B
EDA
Finance "./
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MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE rContract Term. etc.)
Ready to File: _
Date:
Revised 01/12/01