HomeMy WebLinkAbout09-City Manager t
CITY OF SAN BERNARDINO - REQUEST FOR COUIQIL JW1W�
L
From: Lori Sassoon, Assistant City Subject: RESOLUTION OF THE
Manager MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO RATIFYING
THE EXECUTION OF AN AGREEMENT
Dept: City Manager's Office RETROACTIVE TO DECEMBER 1,2007 WITH
WILLIAM HOLT FOR HEARING OFFICER
Date: 11/26/07 AND/OR ADMINISTRATIVE LAW OFFICER
SERVICES.
Council Meeting Date: 12/17/07
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 IVAMS for hearing officer services
November 7th, 2005- Council Adopts Resolution 2005-365 authorizes the execution of a Professional
Services Agreement with William Holt to provide hearing officer services.
Recommended motion:
Adopt resolution.
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
(Acct. Description) Non-departmental—
professional/contractual services
Finance:
Council Notes: cs y �U7� /�l 7_"
MLI 71
Agenda Item No. 9
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the
execution of an agreement retroactive to December 1, 2007 with William Holt for Hearing
Officer and/or Administrative Law Officer services.
Backl1round:
In 1991, the Council adopted Ordinance MC-807 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 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.
William Holt's most recent contract with the City expired on November 30th. Mr. Holt
requested that the City consider extending his contract for an additional two years before
requiring the one year break in service. Upon further research by the City Attorney's
Office, it was determined that the City can extend Mr. Holt's contract.
The hourly rate for services will remain at $200.00, with the hourly rate for drive time
being reduced to $100.00. All other terms of the agreement are to remain the same.
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
Officers Holt and Himelstein. For FY 2007-2008, 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:
Adopt Resolution.
�PPIG�P�P�f
5s
A) 0 .
1 RESOLUTION NO. C (DPY
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO RATIFYING THE EXECUTION OF AN AGREEMENT
RETROACTIVE TO DECEMBER 1, 2007 WITH WILLIAM HOLT FOR HEARING
4 OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
6
7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
8 and directed to execute on behalf of said City, Amendment No. 1 to the Professional Services
9 Agreement between WILLIAM HOLT and the City of San Bernardino, for hearing officer
10 services and administrative law officer services under the City's Municipal Code, which is
11
attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though
12
set forth at length.
13
14 SECTION 2. The authorization to extend the above-referenced agreement is rescinded
15 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
16 resolution.
17 SECTION 3. That the implementation date is December 1, 2007; therefore, any action
18 taken between December 1, 2007 and the adoption of this Resolution is hereby ratified.
19
20
21
22
23
24
25
26
27
28
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO RATIFYING THE EXECUTION OF AN AGREEMENT
RETROACTIVE TO DECEMBER 1, 2007 WITH WILLIAM HOLT FOR HEARING
3 OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a meeting thereof, held on the
6 day of 2007, by the following vote, to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
8
ESTRADA
9
10
BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14 JOHNSON
15
MCCAMMACK
16
17
i
18 City Clerk
19 The foregoing resolution is hereby approved this day of
2007.
20
21
22 Patrick J. Morris, Mayor
City of San Bernardino
23 Approved as to form:
24
25 By'
� r
26 Special Counsel
27
28
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT FOR HEARING OFFICER
AND/OR ADMINISTRATIVE LAW OFFICER SERVICES
WHEREAS, the parties hereto agree to amend this Agreement which shall be to
the benefit of both parties; and
WHEREAS, Mr. Holt requested an extension to his services as Hearing Officer
and Administrative Officer for the City;
Now, therefore, the Services Agreement dated November 10, 2005, by and
between the City of San Bernardino and William Holt is hereby amended as follows:
Section 1. Section 1 of the Agreement is hereby amended to now read as
follows:
"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, 2007 and expiring November 30, 2009. 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."
Section 2. Section 4 of the Agreement is hereby amended to now read as
follows:"
"4. WILLIAM HOLT will be paid at the rate of $200.00 per hour for
preparation, conduct of hearings, and signing of orders, and $100.00 per hour for travel
time. The hourly rate includes overhead expenses such as telephone, photocopy, postage,
mileage and related costs."
Exhibit "A"
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT FOR HEARING OFFICER
AND/OR ADMINISTRATIVE LAW OFFICER SERVICES
All other terms and conditions contained in the original Services Agreement shall remain
in full force and effect.
IN WITNESS THEREOF, the authorized parties have signed below;
WILLIAM HOLT CITY OF SAN BERNARDINO
By: By:
Fred Wilson, City Manager
DATED: , 2007 DATED: 12007
Approved as to form: ATTEST:
Special Counsel Rachel Clark, City Clerk
DATED.. 3 , 2007
c
"A"
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT FOR HEARING OFFICER
AND/OR ADMINISTRATIVE LAW OFFICER SERVICES
WHEREAS, the parties hereto agree to amend this Agreement which shall be to
the benefit of both parties; and
WHEREAS, Mr. Holt requested an extension to his services as Hearing Officer
and Administrative Officer for the City;
Now, therefore, the Services Agreement dated November 10, 2005, by and
between the City of San Bernardino and William Holt is hereby amended as follows:
Section 1. Section 1 of the Agreement is hereby amended to now read as
follows:
461. 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, 2007 and expiring November 30, 2009. 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."
Section 2. Section 4 of the Agreement is hereby amended to now read as
follows:"
"4. WILLIAM HOLT will be paid at the rate of $200.00 per hour for
preparation, conduct of hearings, and signing of orders, and $100.00 per hour for travel
time. The hourly rate includes overhead expenses such as telephone, photocopy, postage,
mileage and related costs."
1
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT FOR HEARING OFFICER
AND/OR ADMINISTRATIVE LAW OFFICER SERVICES
All other terms and conditions contained in the original Services Agreement shall remain
in full force and effect.
IN WITNESS THEREOF, the authorized parties have signed below;
WILLIAM HOLT CITY OF SAN BERNARDINO
By: By:
Fred Wilson, City Manager
DATED: 52007 DATED: , 2007
Approved as to form: ATTEST:
Special Counse b'W� Rachel Clark, City Clerk
DATED: v2— /,3 , 2007
2