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HomeMy WebLinkAbout14- Facilities CITY OF SAN BERNDINO - REQUESTR COUNCIL ACTION From: James W. Sharer, Facilities Management Subject: Agreement S n ity on' relative Y city Dept: Facilities Management/Parking Control Officer" services Date: October 05, 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 I I 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. CITY OF SAN BERN...RDINO - REQUEST F .4R COUNCIL ACTION STAFF REPORT RECOMMENDATION: Recommend that the Mayor and Council authorize the execution of an Agreement with the city of Colton to contract for 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 officer, 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. 0 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF COLTON 3 RELATING TO THE JOINT USE OF THE CITY OF SAN BERNARDINO'S HEARING OFFICER SERVICES, IN ACCORDANCE WITH ASSEMBLY BILL 4 408. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Mayor if the City of San Bernardino is authorized 8 and directed to execute on behalf of said City an agreement with the city 9 of Colton for the use of the City of San Bernardino's hearing officer 10 services, in accordance with Assembly Bill 408, a copy of which is 11 attached hereto, marked Exhibit "A" and incorporated herein by reference 12 as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced 13 14 agreement is rescinded if the parties to the agreement fail to execute it 15 within sixty (60) days of the passage of this resolution. 16 I HEREBY CERTIFY that the foregoing resolution was duly adopted 17 by the Mayor and Common Council of the City of San Bernardino at a 18 meeting thereof, held on the day of ,1993, by the 19 following vote, to wit: 20 21 22 23 24 25 26 27 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF COLTON 2 RELATING TO THE JOINT USE OF THE CITY OF SAN BERNARDINO'S HEARING OFFICER SERVICES, IN ACCORDANCE WITH ASSEMBLY BILL 3 408. 4 Conncilmembers Ayes Naps 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 19 Approved as to form 20 and legal content: JAMES F. PENMAN 21 City Attorney 22 By- 23 24 25 26 27 28 RESOLUTION NO g-97-93 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON 3 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO. 4 5 THIS AGREEMENT made and entered into this 21 s t day of September, 1993, by and between the City of Colton and the City of San 6 Bernardino, both municipal corporations of the State of California, 7 The parties hereto agree as follows: 8 9 WHEREAS, Assembly Bill 408, California Vehicle Code Section 40200 et. seq. has decriminalized parking violations and; 10 WHEREAS, Assembly Bill 408, California Vehicle Code Section 40215 11 requires that each agency, when requested, provide a review of contested 12 parking violations by a hearing officer and; 13 WHEREAS, the City of San Bernardino has set in place a procedure for 14 such review of contested parking violations by a hearing officer and; 15 WHEREAS, the City of Colton would like to contract with the City of San 16 Bernardino to conduct such review by a hearing officer for its contested parking violations. 17 18 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 19 1. The City of San Bernardino will provide the review of contested parking 20 violations by a hearing officer for the City of Colton. 21 2. The City of Colton shall compensate the City of San Bernardino the amount 22 of twenty-five Dollars ($25.00) for each hearing conducted by the City of San Bernardino hearing officer on behalf of the City of Colton. The City of 23 San Bernardino will provide semi-annual invoices to the City of Colton and 24 the City of Colton agrees to pay invoices within ten (10) days of receipt. 25 3. The City of Colton agrees to adhere to the scheduling procedure as set forth 26 in Exhibit "A" attached hereto. 27 28 Agreement between the City of Colton and the City of San Bernardino 1 relating to Hearing Officer Services 2 3 4. The City of San Bernardino agrees to provide an impartial hearing officer 4 and agrees to ensure an impartial review of contested parking violations by 5 said hearing officer in accordance with Vehicle Code Section 40215. 6 5. This agreement may be terminated upon a thirty (30) day written notice by 7 either party. 8 IN WITNESS WHEREOF, the parties have executed this agreement on the g date first shown above. 10 Frank A. Gonzale--s-,41apr Tom Minor, Mayor 12 City of Colton City of San Bernardino 13 14 Approved: !>� 15 J 'e Biggs, 4ep ity Attorney City of Colton 16 17 18 ATTEST: ATTEST: 19 20 '14L_.tii HELEN A. RAMOS, CMC RACHEL CLARK 21 City Clerk City Clerk 22 Approved as to Form and 23 Legal Contents : 24 JAMES F. PENMAN, CITY ATTORNEY 25 26 By: DENNIS A. ARLOW 27 Sr. Asst . City Attorney 28 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, 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 than five (5) working days prior to scheduled hearing.