HomeMy WebLinkAbout13- Facilities Management CITY OF SAN BERN RDINO - REQUEST r )R COUNCIL ACTION
From: dames W. Sharer, Facilities Management Subject: Agreement with City of Rialto relative
to City of San Bernardino's "Hearing
Dept: Facilities Management/Parking Control Officer" services
Date: September 27, 1993
Synopsis of Previous Council action:
June 08, 1993 Request for Council Action for Agreement with the cities of Redlands
and Loma Linda relative to City of San Bernardino's "Hearing Officer" services.
Resolution No. 93-217
Recommended motion:
Adopt Resolution
Signature
Contact person: James W. Sharer Phone: 5244
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
Agenda Item No._1�
CITY OF SAN BERN..d1DINO — REQUEST F i COUNCIL ACTION
STAFF REPORT
RECOMMENDATION:
Recommend that the Mayor and Council authorize the execution of an
Agreement with the city of Rialto to contract for the the city of San
Bernardino's "Hearing Officer" services. The City is presently
providing this service for the cities of Redlands and Loma Linda. The
City can expect to earn approximately $28,000 annually in additional
revenue from a state trust fund and reimbursement from cities that are
contracting our services.
SUMMARY:
The Governor recently signed into law Assembly Bill 408, which
decriminalized parking citations, removed parking citation processing
from the courts, and established a system of administrative adjudication
for those offenses. Decriminalization of the citations was the final step
in removing them from the criminal justice system.
Administrative adjudication replaced the complex criminal court process
by requiring the parking agency to hold a no-charge administrative
review of citations, offer a mail-in or personal conference with a
hearing examiner, and permits a final review by a civil court.
Assembly Bill 408 became effective July 01, 1993 and it has been
successfully implemented by the Facilities Management Division.
or
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CITY OF RIALTO RELATING
3 TO THE JOINT USE OF THE CITY OF SAN BERNARDINO'S HEARING
OFFICER SERVICES, IN ACCORDANCE WITH ASSEMBLY BILL 408.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is authorized
7 and directed to execute on behalf of said City an agreement with the city
8 of Rialto for the use of the City of San Bernardino's hearing officer
9 services, in accordance with Assembly Bill 408, a copy of which is attached
10 hereto, marked Exhibit "A" and incorporated herein by reference as fully
11 as though set forth at length.
12 SECTION 2. The authorization to execute the above referenced
13 agreement is rescinded if the parties to the agreement fail to execute it
14 within sixty (60) days of the passage of this resolution.
15 I HEREBY CERTIFY that the foregoing resolution was duly adopted
16 by the Mayor and Common Council of the City of San Bernardino at a
17 meeting thereof, held on the day of ,1993, by the
18 following vole, to wit:
19
20
21
22
23
24 Ill l
25
26
27 Ill l
28
I RESLOUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CITY OF RIALTO RELATING
2 TO THE JOINT USE OF THE CITY OF SAN BERNARDINO'S HEARING
3 OFFICER SERVICES, IN ACCORDANCE WITH ASSEMBLY BILL 408.
4 Councilmembers Ayes Nays Abstain Absent
5 NEGRETE
6 CURLIN
7 HERNANDEZ
8 OBERHELMAN
9 DEVLIN
10 POPE-LUDLAM
11 MILLER
12
13 City Clerk
14
15 The foregoing resolution is hereby approved this day of ,1993.
16
17 Tom Minor, Mayor
18 City of San Bernardino
Approved as to form
19 and legal content:
20 JAMES F. PENMAN
21 City Attorney
22 By:
23
24
25
26
27
28
1
2
AGREEMENT
3
THIS AGREEMENT made and entered into this day of
4
1993 , by and between the City of Rialto and the City
5
of San Bernardino, a municipal corporation of the State of
6
California (Ci-ty) :
7
The parties hereto agree as follows:
8
WHEREAS, Assembly Bill 408 , California Vehicle Code Section
9
40200 et. seq. , has decriminalized parking violations; and
10
WHEREAS, Assembly Bill 408, California Vehicle Code Section
11
40215, requires that each agency, when requested, provide a review
12
of contested parking violations by a hearing officer; and
13
WHEREAS, the City of San Bernardino has set in place a
14
procedure for such review of contested parking violations by a
15
hearing officer; and
16
WHEREAS, the City of Rialto would like to contract with the
17
City of San Bernardino to conduct such review by a hearing officer
18
for its contested parking violations.
19
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
20
1. The City of San Bernardino will provide the review of
21
contested parking violations by a hearing officer for the City of
22
Rialto.
23
2. The City of Rialto shall compensate the City of San
241
Bernardino the amount of Twenty-five Dollars ($25. 00) for each
25
hearing conducted by the City of San Bernardino hearing officer on
26
behalf of the City of Rialto. The City of San Bernardino will
27
provide semi-annual invoices to the City of Rialto and the City of
28
1 Rialto agrees to pay invoices within ten (10) days of receipt.
2 3. The City of Rialto agrees to adhere to the scheduling
3 procedure as set forth in Exhibit "A" attached hereto.
4 4. The City of San Bernardino agrees to provide an impartial
5 hearing officer and agrees to ensure an impartial review of
6 contested parking violations by said hearing officer in accordance
7 with Vehicle Code Section 40215.
8 S. This agreement may be terminated upon a thirty (30) day
9 written notice by either party.
10
11 IN WITNESS WHEREOF, the parties have executed this agreement
12 on the date first above shown.
13
14
JOHN NGVIL , Mayo
15 i
16 ATT T: / J
17 J \ /
40SEPH -U.- SAMPO(JN-, City Clerk
18
APPROVED AS TO FORM:
19 Z /71-
20 ROBERT A. OWE , City Attorney
21
22 TOM MINOR, Mayor
23 ATTEST:
24
25 RACHEL CLARK, City Clerk
26
4 APPROVED AS O FORM AND CONTENT:
27
28 JAMES PE91AN, City Attorney
ti
EXHIBIT "A"
PROCEDURE FOR SCHEDULING HEARING
Hearings will be scheduled Friday mornings, between the hours of
8:00 a.m. and 11:30 a.m.
1. Place telephone call to hearing office , (909) 384-5366,
to schedule date and time of hearing.
2. Prepare hearing folder and deliver to Hearing Office, 300
North "D" Street, Basement, San Bernardino, CA, not later
that five (5) working days prior to scheduled hearing.
C i T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
DATE: September 16, 1993
TO: Fred Wilson, Assistant City Administrator
FROM: Rachel Clark, City Clerk
SUBJECT: City of Rialto's Request for Hearing Officer Services
COPIES: Sandra Medina, Administrative Operations Supervisor;
Josie Alvarez, Typist Clerk
----------------------------------------------------------------
I am forwarding for your information and appropriate action the
attached letter from the City of Rialto wherein they are
requesting that the City of San Bernardino execute an agreement
whereby the City of San Bernardino would provide a hearing
officer for contested parking citations.
On July 6, 1993, the Mayor and Common Council adopted Resolution
No. 93-235 authorizing the Risk Management Department to provide
an impartial hearing officer for the review of contested parking
violations, in accordance with AB 408. At the same meeting, two
additional Resolutions (Nos. 93-217 and 93-218, respectively)
were adopted authorizing the execution of agreements with the
cities of Loma Linda and Redlands relating to the joint use of
our hearing officer services; however, no such agreement has been
approved with the City of Rialto.
If you have any questions, please do not hesitate to call me at
extension 3210.
Rachel Clark
City Clerk
RC:mav
Attachment (Letter dated 9/14/93 and Original Agreement)
pF City of Rialto
U O
California
�9L1 F0R��
OFFICE OF THE
CITY CLERK
September 14 , 1993
Rachel Krasney, City Clerk
City of San Bernardino
Post Office Box 1318
San Bernardino, CA 92402
Dear Ms. Krasney:
Enclosed please find the original agreement between the City of
Rialto and the City of San Bernardino pertaining to the City of
San Bernardino providing a hearing officer for contested parking
citations. The agreement was approved by the Rialto City Council
at its regular meeting of September 7, 1993 .
Please process the agreement as needed by the City of San Bernar-
dino and return the original , signed agreement to me at the
address below.
We already have one person who has requested a hearing and would
like to finalize the agreement and initiate the process as soon
as possible.
Thank you for your attention to this matter. Should you have any
questions, please feel free to contact the City Clerk, Joseph
Sampson, at (909) 820-2519.
sincerely,
Diane M. Yo g�
Deputy City Clerk/Asst. Licensing Officer
Encl. as noted
ISI) CAIITH PA M AVFNIIF 8101 TA COI IFf1RNIA Q947A • PN[lNF
C I T Y O F S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
Facilities Management
NO. 16 #14
TO: Mayor and Common Council
FROM: James W. Sharer, Manager, Facilities Management
SUBJECT: REQUIRED TIME FOR HEARING OFFICER - AB 408
DATE: October 14, 1993
COPIES: Victor Lorch, Director Risk Management
-------------------------------------------------------------------------
Presently the Hearing Officer is being utilized by the Facilities
Management Division on an average of 45 minutes to one hour per week
for the States enforcement of AB 408 hearings. In the beginning
(07/01/93), not knowing how long a hearing would last, we scheduled
the hearings for every 15 minutes. We found that was more time than
the Hearing Officer needed so we cut that down to every 10 minutes and
found that the Hearing Officer in some cases was still waiting for the
next case. We are now in the process of decreasing that time to 5
minutes per case.
At the present scheduling time of 10 minutes, we are utilizing the
Hearing Officer on an average of one hour per week, 6 cases per hour.
By reducing that time to 5 minutes, we can schedule 12 cases per hour,
thereby not requiring any additional time for his services if we accept
agreements with the cities of Colton and Rialto.
We have contacted both cities and they said that an average of two to
three cases per week, maximum, would be required for each of them.
Scheduling 6 cases per hour @ $25.00 per case = $150.00 per hour.
Scheduling 12 cases per hour @ $25.00 per case = $300.00 per hour.
Mr. Victor Lorch of Risk Management Department is our Hearing Officer
and he does have a back up, if needed.
If we can be of further assistance, please advise.
--'-X- 'L
JAMES W. SHARER, Manager,
Facilities Management
JWS:mal
File: Prkg. Cntrl 11 #7
Corrsp. 1-Ba #2 & #4