HomeMy WebLinkAbout25-City Administrator
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: City Administrator's Office
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Subject: Resolutions authorizing
execution of a contract with William Holt
and IVAMS for hearing officer services
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From: Fred Wilson, City Administrator
Date: July 29, 2002
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
Recommended motion:
Adopt resolutions, and authorize the Director of Finance to amend the FY 2002-03
budget as reflected in the attached staff report.
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Signature
Contact person: Lori Sassoon
Phone: 384-5122
Supporting data attached: Staff report, resolutions
Ward: All
FUNDING REQUIREMENTS: Amount: Estimated $28,800 annually
Source: (Accl. No.) 001-092-5502
(Accl. Description) Non-departmental -
professional/contractual services
Finance:
Council Notes:
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Agenda Item No. :15
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STAFF REPORT
Subiect:
Resolutions authorizing execution of a contract with William Holt and IV AMS for
hearing officer services.
Backl!round:
In 1991, the Council adopted Ordinance MC-80? 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 officer, attorney William
Holt, has 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.
A recent California Supreme Court decision (Haas v. County of San Bernardino, 27 Cal.
4th 1017) requires a modification to the current arrangement. As a result of this case, the
City must make the following changes with regard to the use of hearing officers in order
to insulate the City from potential legal challenges:
. There should be a rotation of at least two (2) hearing officers.
. The hearing officer service agreements should have limited terms. The agreements
should also state that the hearing officer cannot be retained again by the City until at
least 12 months have passed since the expiration of the previous agreement. The
City's current agreement with William Holt has no expiration date.
. The service agreements cannot have a 30-day termination provision. Instead, the
agreements should allow termination only if the hearing officer is no longer available
for hearings. This is to ensure that the City cannot terminate the agreement as a result
of a disagreement with the hearing officer's actions.
A number of key code enforcement issues are set to be heard by a hearing officer in early
August. However, those matters cannot move forward until the above issues are
addressed, or the City might be subject to legal action by one or more parties involved in
the code enforcement issues. For that reason, it is important that the Mayor and Council
resolve this matter as soon as possible, so that the hearings can move forward.
In order to address these issues, it is recommended that a second hearing officer firm be
retained to create a rotation of hearing officers with staggered contract terms, and that the
appropriate language be incorporated into the agreements with both firms in order to
address the issues outlined in the recent court case. The proposed new agreement with
William Holt will provide for a definite term of two (2) years, a 12-month "out"
provision following that term, and the revised agreement termination language. Mr. Holt
has also requested an increase to his hourly rate, as the current agreement has had the rate
of$125 per hour since 1995. Given the cost ofthe second hearing officer, staffis
recommending a rate of$175 per hour.
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Secondly, an agreement with Inland Valley Arbitration Mediation Service (N AMS) will
have a defmite term of one (1) year, a 12-month "out" provision following that term, and
the revised agreement termination language. N AMS currently provides hearing officer
services for the City of Riverside's code enforcement actions, and staff from that City
indicates that they are pleased with their services. A rate of $225 per hour has been
negotiated with N AMS, which represents a reduction from their normal hourly rate of
$300 per hour.
Once these agreements are in place, a rotating schedule of the hearing officers will be
developed, based also upon the hearing officers' own availability, so that both firms are
used in this capacity.
Financial ImDact:
In FY 2001-02, $16,516 was expended for hearing officer services. These funds are
budgeted in the General Fund in account number 001-092-5502 (General
Government/professional-contractual services). For FY 2002-03, $16,500 was budgeted
for hearing officer services.
With the increase in the hourly rates for the current hearing officer, as well as the
addition of a second firm, there will be an increase in the cost of these services for FY
2002-03. The cost to the City will depend upon how frequently each firm is used, and the
actual number of hours that hearings are held. However, assuming each firm is used 50%
of the time, and hearings are conducted a total of 12 hours per month, the cost to the
General Fund would equal $28,800.
Since the costs for these agreements will exceed the funds budgeted, a budget amendment
is required to transfer $12,300 from Undesignated/Unreserved General Fund Balance to
account number 001-092-5502 (General government/professional-contractual services).
Recommendation:
It is recommended that the Mayor and Common Council adopt the resolutions, and
authorize the Director of Finance to amend the FY 2002-03 budget as reflected in this
staff report.
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REsoLaTI8N~O~.J
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
3 AGREEMENT BETWEEN WILLIAM HOLT AND THE CITY OF SAN BERNARDINO FOR
HEARING OFFICER SERVICES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
7 SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City a Professional Services Agreement between William Holt and the
9 City of San Bernardino for hearing officer services under the City's Municipal Code, a copy of
10 which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as
II though set forth at length.
12 SECTION 2. The authorization to execute the above-referenced agreement is rescinded
13 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
14 resolution.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
2 SERVICES AGREEMENT BETWEEN WILLIAM HOLT AND THE CITY OF SAN
BERNARDINO FOR HEARING OFFICER SERVICES
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meetin
,2002, by the following vote, to wit
ABSTAIN ABSENT
CITY CLERK
day of
,2002.
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JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
22 legal content:
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PROFESSIONAL SERVICES AGREEMENT
The CITY OF SAN BERNARDINO ("CITY") and WILLIAM HOLT are the
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3 parties to this Agreement. The term of this Agreement is for a fixed period of two (2) years,
4 commencing August 5, 2002 and expiring August 4, 2004. At the conclusion of said two (2) year
5 Agreement, WILLIAM HOLT will not be eligible to be retained or employed in any capacity by
6 CITY for a period of twelve (12) consecutive months.
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WILLIAM HOLT shall be an attorney in good standing and on active status with
8 the State Bar of California. CITY may terminate this Agreement only upon WILLIAM HOLT'S
9 inability or refusal to conduct hearings and render decisions or his failure to 'maintain said good
10 standing and active status.. CITY shall have no other right to terminate this Agreement.
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WILLIAM HOLT will be acting as an independent hearing officer. WILLIAM
12 HOLT will be hearing those matters specified by the Municipal Code which the City Administrator
13 or other City official may delegate to a hearing officer.
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4. WILLIAM HOLT will be paid at the rate of$175.00 per hour. The hourly rate
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includes overhead expenses such as telephone, photocopy, postage, mileage and related costs.
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Bills shall be submitted at least quarterly.
Support staff for hearings shall be provided by the City of San Bernardino. All
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18 hearings shall be held in the CITY at the City Hall.
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Any written notice required to be given under this Agreement will be provided at
20 the following address:
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CITY OF SAN BERNARDINO
CITY ADMINISTRATOR
300 North "D" Street
San Bernardino, California 92418
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WILLIAM HOLT
Post Office Box 6040
Fullerton, California 92834
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WILLIAM HOLT is an independent contractor as to the CITY.
WILLIAM HOLT shall maintain the following type of insurance with limits as
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Exhibit "A"
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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
HOL T and all risks to such persons under this Agreement. WILLIAM
HOL T shall require his Workers Compensation carrier to waive all rights
of subrogation against the CITY, 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. The policy shall have at least a combined single limit of
$1.000,000 for bodily injury and property damage.
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
17 Workers Compensation insurance coverage, shall obtain additional endorsements naming the CITY,
18 its elected officers, officials, boards, commissions, attorneys, employees and agents under this
19 Agreement as additional named insured with respect to liabilities arising out of the performance of
20 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
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 WILLIAM HOLT commences performance of services
hereunder until the completion of such services.
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Exhibit "A"
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All policies required above are to be primary and non-contributing with any
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2 insurance or self-insurance programs carried or administered by the CITY or other parties
3 represented under this Agreement.
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All decisions after hearings shall be directed by WILLIAM HOLT to the parties
5 to the hearing, and to the City Administrator or the City Administrator's designee.
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CITY agrees to indemnifY and defend WILLIAM HOLT for any liability imposed
7 by law on WILLIAM HOLT as a result of any act or omission arising out of, or performed under,
8 his Hearing Officer duties and responsibilities under this Agreement. Any indemnification for
9 punitive or exemplary damages shall require the findings set forth in Government Code g825(b) by
10 the City Council.
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WILLIAM HOLT will indemnifY and defend (if requested by CITY) the CITY for
12 any act or omission except those in paragraph 10, including, without limitation, travel to and from
13 the CITY.
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13. WILLIAM HOLT agrees 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
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16 by the CITY, unless changed by mutual agreement of the parties. WILLIAM HOLT will be available
17 for a full day of hearings on days scheduled for hearing.
18 CITY OF SAN BERNARDINO
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Dated:
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By: Judith Valles, Mayor
City of San Bernardino
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23 Dated:
William Holt
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Approved as to form
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Exhibit "A"
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RESOLUTION NO.
C 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
" AGREEMENT BETWEEN INLAND VALLEY ARBITRATION MEDIATION SERVICE
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(IV AMS) AND THE CITY OF SAN BERNARDINO FOR HEARING OFFICER SERVICES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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SAN BERNARDINO AS FOLLOWS:
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7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City a Professional Services Agreement between Inland Valley
9 Arbitration Mediation Service (IV AMS) and the City of San Bernardino for hearing officer
10 services under the City's Municipal Code, a copy of which is attached hereto marked Exhibit "A"
II and incorporated herein by reference as fully as though set forth at length.
12 SECTION 2. The authorization to execute the above-referenced agreement is rescinded
13 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
14 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 INLAND VALLEY ARBITRATION MEDIATION SERVICE
(IV AMS) AND THE CITY OF SAN BERNARDINO FOR HEARING 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
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thereof, held on the day of
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COUNCIL MEMBERS: AYES NAYS
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ESTRADA
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LIEN
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MCGINNIS
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DERRY
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SUAREZ
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ANDERSON
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MCCAMMACK
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meetin
,2002, by the following vote, to wit
ABSTAIN ABSENT
CITY CLERK
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The foregoing Resolution is hereby approved this
day of
,2002.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
22 legal content:
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PROFESSIONAL SERVICES AGREEMENT
I. The CITY OF SAN BERNARDINO ("CITY") and INLAND VALLEY
ARBITRATION MEDIATION SERVICE ("IV AMS") are the parties to this Agreement. The term
ofthis Agreement is for a fixed period of one (I) year, commencing August 5, 2002 and expiring
August 4, 2003. At the conclusion of said one (1) year Agreement, IV AMS and the hearing officers
who have been assigned to conduct hearings and render decisions, will not be eligible to be retained
or employed in any capacity by CITY for a period oftwelve (12) consecutive months.
2. CITY may terminate this Agreement only upon IV AMS' inability or refusal to
assign hearing officers, who must be attorneys in good standing and on active status with the State
Bar of California and who must have previous experience as hearing officers in code enforcement
hearings, to conduct hearings and render decisions. CITY shall have no other right to terminate this
Agreement.
3. The hearing officers assigned by IV AMS will be acting as independent hearing
14 officers. They will be hearing those matters specified by the Municipal Code which the City
Administrator or other City official may delegate to a hearing officer.
4. IV AMS will be paid at the rate of $225.00 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
20 hearings shall be held in the CITY at the City Hall.
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Any written notice required to be given under this Agreement will be provided at
22 the following address:
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CITY OF SAN BERNARDINO
CITY ADMINISTRATOR
300 North "D" Street
San Bernardino, California 92418
IVAMS
300 South Park Ave., Suite 780
Pomona, CA 91766
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Exhibit "A"
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2 CITY.
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8. IV AMS and the hearing officers so assigned are independent contractors as to the
9. IV AMS shall maintain the following type of insurance with limits as shown:
a) Workers Compensation as required by the laws of the State
of California, including Employment Liability with $250,000 limits
covering all persons providing service, as required by law, on behalf of
IV AMS and all risks to such persons under this Agreement. IV AMS shall
require its Workers Compensation carrier to waive all rights of
subrogation against the CITY, its elected officers, officials boards,
commissions, attorneys, employees and agents and any others for whom
services are being provided under this Agreement.
b)
General
Liability Insurance coverage ("Umbrella
Insurance"), which policy shall have at least a combined single limit of
$1,000.000 for bodily injury and property damage.
c) Professional Liability Insurance with limits of at least
$1,000,000 per claim.
17 All policies with respect to the insurance coverage above required shall obtain
18 additional endorsements naming the CITY, its elected officers, officials, boards, commissions,
19 attorneys, employees and agents under this Agreement as additional named insured with respect to
20 liabilities arising out of the performance of services hereunder.
21 IV AMS shall furnish certificates of insurance and certified copies of all policies
22 and endorsements to the Risk Management Division of the City's Human Resources Department
23 evidencing the insurance coverage above required prior to the commencement of performance of
24 services hereunder, which certificates shall provide that such insurance shall not be terminated or
25 expire without thirty (30) days written notice to the Risk Management Division, and shall maintain
26 such insurance from the time IV AMS commences performance of services hereunder until the
27 completion of such services.
28 All policies required above are to be primary and non-contributing with any
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Exhibit "A"
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20 Dated:
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Approved as to form
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1 Insurance or self-insurance programs carried or administered by the CITY or other parties
2 represented under this Agreement.
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10.
All decisions after hearings shall be directed by the hearing officer to the parties
4 to the hearing, and to the City Administrator or the City Administrator's designee.
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II.
CITY agrees to indemnify and defend IV AMS for any liability imposed by law
6 on them as a result of any act or omission arising out of, or performed under, its hearing officer
7 duties and responsibilities under this Agreement. Any indemnification for punitive or exemplary
8 damages shall require the findings set forth in Government Code ~82S(b) by the City Council.
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12.
IV AMS will indemnify and defend (if requested by CITY) the CITY for any act
10 or omission except those in paragraph 10, including, without limitation, travel to and from the CITY.
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13.
IV AMS agrees to the holding of hearings at least two (2) days per month at City
12 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. IV AMS will assign hearing
officers who will be available for a full day of hearings on days scheduled for hearing.
CITY OF SAN BERNARDINO
Dated:
By: Judith Valles, Mayor
City of San Bernardino
Inland Valley Arbitration Mediation Service
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Exhibit "A"
IVAMS
IVAMS.COM
Corporate Offices: 300 South Park Avenue' Suite 780
Pomona, CA 91766
Tel: (909) 629-6301' Fax: (909) 629-1607
E-mail: info@ivams.com
ARBITRATION & MEDIATION SERVICES
BIOGRAPHICAL INFORMATION
STEVEN A. W A WRA, Esq.
With thirty years of experience as a lawyer and businessman, and jive years of mediation and
arbitration experience, Mr. Wawra brings a seasoned ability to resolve a broad range of complex
disputes, including real estate, corporate, business, employment and tort disputes.
LEGAL AND BUSINESS EXPERIENCE:
Eight years as general counsel and senior vice president of Mitsui Real Estate Sales U.S.A., Co.,
Ltd., involved in real estate acquisitions and joint venture developments.
Six years in private law practice, including three years with the international law firm of Graham
& James in Los Angeles, working with Japanese banking and trading and other companies,
and three years establishing and operating the West Coast office of a New York law firm,
involved in real estate, corporate and commercial matters.
Additional positions as associate general counsel of Vidal Sassoon, Inc., and as assistant general
counsel and corporate secretary of a publicly held mutual fund management and real estate
company. Also acted as a California real estate broker, representing U.S., Japanese and
other foreign clients in purchases, sales and leasing
DISPUTE RESOLUTION EXPERIENCEIINSTRUCTING:
Extensive mediation, arbitration and settlement conference experience serving on numerous court-
affiliated, bar association, govemmental and private mediation and arbitration panels, and
as judge pro tern.
Instructor in the Certificate Program in Conflict management and the Use of Alternative Dispute
Resolution at University of California, Irvine, Extension.
Former Executive director of non-profit, Orange County-funded, mediation services and training
organization.
ADR TRAINING AND EDUCATION:
Mediation and settlement advocacy training: Strauss Institute for Dispute Resolution, Pepperdine
University School of Law, and numerous additional training courses
Arbitration training National Association of Securities Dealers (NASD), University of California,
Irvine, and other training courses
University of California, Los Angeles (UCLA) School of Law, J.D., 1967
University of California, Los Angeles (UCLA), B.A., Economics, 1964
University of Paris (Sorbonne), French Language studies, 1960
IVAMS
ARBITRATION & MEDIATION SERVICES
IVAMS.COM
Corporate Offices: 300 South Park Avenue. Suite 780
Pomoua, CA 91766
Tel: (909) 629-6301. Fax: (909) 629-1607
E-mail: info@ivarns.com
BIOGRAPHICAL INFORMATION
GERALD F. SCHULTE
GRADUATE:
University of California - Hastings College of Law, JD 1953
Stanford University, 1947-1949
Riverside City College, 1946-1947
LAW EXPERIENCE GENERAL BACKGROUND:
Partner, with Badger & Schulte, 1958-1968
Sole Practitioner, 1955-1956
Law Practice, Associate, with Reid & Waugh, 1954
Deputy, Riverside County Counsel Office, acted as Attorney for several County
Departments, 1956-1958
JUDICIAL EXPERIENCE:
Riverside Superior Court, 1974-1988
Riverside Municipal Court, 1968-1974
Retired from the bench, May 31, 1988
JUDICIAL ASSIGNMENTS:
Judge, Riverside Superior Court, 1974-1988
Presiding Judge, Riverside Court, 1968-1974
Served as Supervising Probate Judge for twelve years
Served as Pro Tempore Justice of the Fourth District Court of Appeal, Division Two on
three separate two month assignments during 1987-1988
ADR EXPERIENCE:
Since retirement, has acted as Judge Pro Tern (both court and jury trials), Arbitrator,
Mediator, Settlement Judge and court appointed Referee in numerous cases.
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IVAMS
ARBITRATION & MEDIATION SERVICES
IVAMS.COM
Corporate Offices: 300 South Park Avenue. Suite 780
Pomona, CA 91766
Tel: (909) 629-6301 . Fax: (909) 629-1607
E-mail: info@ivarns.com
BIOGRAPHICAL INFORMATION
ANDREW PATTERSON, ESQ.
GRADUATE:
Los Angeles City College, 1960.
Attended Cal State University, 1961-1963.
California College of Law, June 1970.
Admitted into California Bar, January 1971.
POST GRADUATE:
Personal Injury Analysis and Litigation - University of Southern California
Law Center.
Anatomy for Lawyers - University of Southern California Medical School/Law
Center.
Workers Compensation - University of Southern California Law Center.
Trial and Litigation Procedures - University of California at Los Angeles Law
Center.
LAW EXPERIENCE GENERAL BACKGROUND:
Law Offices of Andrew Patterson, General Practice, 1972-1975.
Partner, Baxley & Patterson - General Practice and Insurance Defense,
1975-1976.
Partner, Patterson & Miller - Sports Law, Insurance Defense, Plaintiffs P.I.,
1979-1987 and 1988-1993.
General Counsel, California Interscholastic Federation, 1993-Present.
PROFESSIONAL BACKGROUND:
Personal Injury - Automobile, Products Liability, Slip and Fal"
Insurance Coverage, Declaratory Relief, Bad Faith, Premises Liability,
Premises Security, Athletic Injury, Labor and Employee Rights - in sports
law: Athletic Eligibility -Transactional work including licensing negotiations
and contracts - trademark registration and contract.
ADR EXPERIENCE:
Superior Court Mediator
Appointed an LASC arbitrator in 1978.
Panelist CEB Program on Judicial Arbitration's, 1978 and 1980.
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IVAMS
ARBITRATION & MEDIATION SERVICES
IVAMS.COM
Corporate Offices: 300 South Park Avenue' Suite 780
Pomona, CA 91766
Tel: (909) 629-6301' Fax: (909) 629-1607
E-mail: info@ivarns.com
BIGRAPHICAL INFORMATION
SIDNEY W. JONES
GENERAL BACKGROUND:
Graduate University of Southern California School of Law. Member of Law
Review, 1959.
UCLA School of Business, 1956.
LEGAL AND ACADEMIC:
Certified as a Mediator, Pepperdine University Course on Mediation, 200 I.
General Civil Practice, 1960 to present.
Emphasis on Real Property Law representing many developers, real estate brokers
and escrows.
Past clients include:
Western San Bernardino Board of Realtors.
CrowelllLeventhal Builders.
Ontario Savings and Loan including Escrow Department.
Member of Hot Line Panel for California Association of Realtors
answering questions for Association of Realtors where conflicts
exist with other CAR members.
JUDICIAL EXPERIENCE:
Member of Los Angeles Superior Court Dispute Resolution Program
Judge Pro Tern in San Bernardino County
Arbitrator on San Bernardino County Judicial Arbitration Panel
ADR QUALIFICATIONS: REAL ESTATE SPECIALTY PANELS:
Represent now and in the past numerous real estate brokers and escrows.
Instructor for the Building Industry Assn. (BIA) in Real Estate and Construction
Law.
Current on classes from CEB in Real Estate and Construction Law.
OTHER:
Qualified to serve as Judge Pro tern, Arbitrator or Mediator in Real Estate and
Construction matters.
Qualified to serve on general arbitration contract matters.
Qualified to serve on Family Law matters.
Six-hour course with the California Academy of Mediation Professionals in
Cross-Cultural Dispute Resolution completed April 25, 2002
ARBITRATION & MEDIATION SERVICES
Corporate Offices: 300 South Park Avenue. Suite 780
Pomona, CA 91766
Tel: (909) 629-6301 . Fax: (909) 629-1607
E-mail: info@ivams.com
www.IVAMS.com
IVAMS
BIOGRAPHICAL INFORMATION
LAURENCE CLARKE
EDUCATION:
Masters Degree in Dispute Resolution, Pepperdine University School of Law
Juris Doctor Degree, Southwestern University School of Law
Masters Degree (Organizational Management), Antioch University
Bachelors Degree (Business), Antioch University
LAW EXPERIENCE AND GENERAL BACKGROUND:
Mediator and arbitrator, 1995 to present.
Adjunct Professor, Southwestern University School of Law (Alternative Dispute Resolution)
Adjunct Professor, Straus Institute for Dispute Resolution, Pepperdine University School of Law
Law Firm of Knapp, Peterson, & Clarke, 1981 to 1995, Managing Partner, 1981 to 1993.
Law Firm of Spray, Gould & Bowers, 1972 to 1981, Partner, 1976 to 1981.
Title Insurance & Trust Company, 1964 to 1972.
Admitted to California Supreme Court and State Bar, 1972
American Board of Trial Advocates, 1975 to present.
Licensed Real Estate Broker, 1996 to present.
PROFESSIONAL EXPERIENCE:
Mr. Clarke was an active litigation attorney in Los Angeles for over 23 years, from 1972 to 1995.
During that time, he tried a multitude of civil jury trials, and represented clients in hundreds of
arbitrations, court trials, mediations and settlement conferences. His experience encompassed
civil litigation in such diverse areas as real estate, construction, employment, vehicular and
premises liability, insurance, products liability, professional malpractice and general business
litigation. Prior to 1987, Mr. Clarke predominantly represented defendants in these areas or
practice, and subsequently, plaintiffs in complex business litigation.
In 1972, Mr. Clarke joined a Los Angeles litigation firm as an Associate Attorney, becoming a
partner in 1976. Mr. Clarke co-founded the law firm of Knapp, Petersen & Clarke in 1981, and
served as Managing Partner until 1993 during which time the firm grew to more than 60
attorneys. In addition to his litigation practice, Mr. Clarke served for several years as an
Arbitrator for the Los Angeles Superior Court, and as a Court Settlement Officer.
Mr. Clarke has been a mediator and arbitrator since retiring from Knapp, Petersen & Clarke in
1995, and has conducted mediations and/or arbitrations in all of the above referenced legal
disciplines. He received a Masters Degree in Dispute Resolution from the Pepperdine University
School of Law, and teaches alternative dispute resolution as an Adjunct Professor at both
Southwestern University School of Law and at the Straus Institute for Dispute Resolution,
Pepperdine University School of Law.
I I
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
SM
August 12,2002
Mr. William Holt
P.O. Box 6040
Fullerton, CA 92834
Dear Mr. Holt,
At the Mayor and Common Council meeting of August 5, 2002, the City of San Bernardino
adopted Resolution 2002-264 - Resolution authorizing execution of a professional services
agreement between William Holt and the City of San Bernardino for hearing officer services.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
executed 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 October 4, 2002.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
, ,
Michelle Taylor
Senior Secretary
Enclosure
On' OF SAN BERNARI>INO
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'.
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, CM.C. - CITY CLEllK
300 North "D" Street. San Bernardino' CA 92418.0001
909.384.5002' Fax: 909.384.5158
www.ci.san-hemardino.ca.us
3M
August 12,2002
IV AMS
300 South Park Ave., Suite 780
Pomona, CA 91766
Dear Sir or Madam:
At the Mayor and Common Council meeting of August 5, 2002, the City of San Bernardino
adopted Resolution 2002-265 - Resolution authorizing execution of a professional services
agreement between Inland Valley Arbitration Mediation Service (IVAMS) and the City of San
Bernardino for hearing officer services.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
executed 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 October 4, 2002.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
I.
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
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I I
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 16, 2002
TO:
Lori Sassoon, Assistant to the City Administrator
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-265 - Inland Valley Arbitration Mediation Service (IV AMS)
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the professional services agreement with Inland Valley
Arbitration Mediation Service (IV AMS) for hearing officer services. The original agreement is
on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
L I
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 22, 2002
TO:
Lori Sassoon, Assistant to the City Administrator
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-264 - Agreement with William Holt
CC:
Finance
Attached is a fully executed copy of the professional services agreement with William Holt for
hearing officer services. The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
i I
, ..
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 't-S-O;;)-
Item # ;) S A
-&
Abstain.G- Absent
,c:.-c:E 7 (l} 2.- 2-ls, S-
Resolution # ;;; GOd - d k,..q
Vote:
A yes I~"\
Nays
Change to motion to amend original documents:
Reso. # On Attachments: L Contract term: '% -s 0", m &- -s -05
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
.A-
Null/Void After: be) D""t's / 10-4 -0,,)
,
Date Sent to Mayor: );'-')-0)-
Date of Mayor's Signature: ~-i(-o:;;>
Date ofClerklCDC Signature: ~-Y-o ?-'
Reso. Log Updated: ,,/
Seal Impressed: y/
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: /Date Returned: 'l(~).JtJ:)-
See Attached:
See Attached:
Date Memo/Letter Sent for Signature:
8'-(g-Q :r
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):
Yes ,/ No
Yes No V
Yes No ~
Yes No '"
Yes No~
Copies Distributed to:
City Attorney ,,/ Code Compliance Dev. Services EDA Finance ,,/ MIS
Parks & Rec. Police Public Services Water Others: A-O""II"\.
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: ~
Date: 't-d). -()~
Revised 01/12/01
I I
'.
.
. .
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): <6'--5-0;).. Item # {)56 Resolution # dCOd - ?f,S'
Vote: Ayes 1- '/ Nays.er Abstain -e- Absent a
Change to motion to amend original documents: :SeE 'LCX)L - Z b 4-
Reso. # On Attachments: ~ Contract term: ~-S-a.;> = ,f'-S-03 NullNoid After: (" 0 011-.\ J 10 --4 -o~
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W /COUNTY
Date Sentto Mayor: 11- - f) - () ~
Date of Mayor's Signature: <6"-1(-0;;;>
Date of Clerk/CDC Signature: 6'- 21 U d--
By: -
Reso. Log Updated: V
Seal Impressed: /
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: /Date Returned: y-I"-o;r
See Attached:
See Attached:
Date Memo/Letter Sent for Signature:
Y--P-O~
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, \0584, \0585, \2634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney v'
Parks & Rec.
Code Compliance
Dev. Services
Public Services
Water
Police
Notes:
Yes .,/ No By
Yes No-L.- By
Yes No / By
Yes No y By'_
Yes No/
EDA
Finance y'
Others: ADmin.
MIS
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: fY)-r"
Date: <,}-Ib-o>
Revised 011\2/0\