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HomeMy WebLinkAboutSR - C28070 - Hearing ExaminerXE CITY OF PALM DESERT Department of Community Development STAFF REPORT REQUEST: Ratify the City Manager's Approval of a Hearing Examiner Contract to Conduct Administrative Review Hearings for Contested Non- moving Parking Citations in Accordance with the Enacted Requirements of California State Assembly Bill No. 408 and Animal Control Hearings within the Jurisdiction of the City of Palm Desert. SUBMITTED BY: Hart H. Ponder, Jr., Code Compliance Manager DATE: September 25, 2008 CONTENTS: Exhibit A. Resignation letter of Mr. Dale A. Equitz Exhibit B. Bid Proposal from Mr. Rick E. Lebel Exhibit C. Contract No. C27680 — Hearing Examiner Recommendation: By Minute Motion: Ratify the City Manager's approval of a hearing examiner contract with Mr. Rick E. Lebel to conduct administrative review hearings for contested non- moving parking citations and conduct animal control hearings within the jurisdiction of the City of Palm Desert for the amount of $25.00 per each contested case. Discussion: On July 8, 2008, Mr. Dale A. Equitz tendered his resignation as Hearing Examiner for parking citation disputes and animal control hearings (Exhibit A). With sadness and regret, staff accepted Mr. Equitz's resignation, thanking him for his thirteen years of dedicated service as a Hearing Examiner for our community. On July 11, 2008, the City Clerk published a notice inviting proposals for a Hearing Examiner. The invitation was closed August 11, 2008, with a total of three sealed bids submitted. After consideration of all bids submitted, staff recommended acceptance of Mr. Rick Lebel's bid for Hearing Examiner (Exhibit B). Mr. Lebel will Staff Report Hearing Examiner Contract Page 2 September 25, 2008 make himself available each month to hear parking disputes as needed, and to conduct hearings related to animal control issues. Mr. Lebel will charge $25.00 for each contested case that he conducts. This amount includes any reports, documentation, recommendations and invoicing that is required to final a case. The City Attorney has determined that no conflict of interest exists while Mr. Lebel also serves as a Public Safety Commissioner. Staff is confident that Mr. Lebel's background in community service will assure a fair and balanced approach to hearing parking disputes and animal control issues as they arise. The Code Compliance Manager will work closely with Mr. Lebel to assure all procedures and processes are followed in a timely manner. On August 21, 2008, the City Manager executed Contract No. C27680, authorizing Mr. Lebel to assume the function of Hearing Examiner with the City of Palm Desert. This contract will remain in effect until either party moves for termination of contract. Approval of the staff recommendation will ratify thg..C.r Manager's action. itt- • B Hart H. Ponder, Jr. Code Compliance Manager A Approva Homer Croy ACM for Development Services Approval: Carlos L. Ortega City Manager Lauri Aylaian Director of Community Development CITY COUNCIL,ACTION: APPROVED ✓ DENIED fRECEIVED OTHER islEETINQ DATE 61- -`-1 -%?+P AYES: NOES : N ple f ABSENT: /P rqui5 Lr 9 c p(Pge ABSTAIN: /JII1e-- VERIFIED BY: Original on File with) City Clerk's OffirE G: IPlanninglJanine Judy Word Fdes I Staff Report Hearing Officerl. doc DALE A. EQUITZ HEARING OFFICER 45-675 DEEP CANYON ROAD PALM DESERT, CA 92260 760-346-4731 July 8, 2008 Mr. Hart Ponder 73510 Fred Waring Drive Palm Desert, CZ 92260 Dear Hart: Due to serious medical problems I am compelled to stop my services as Hearing Officer for the cities of Indian Wells, Palm Desert, Rancho Miragte, and COD effective immediately. I apprciate the long-term professional association with you, Hart, and all your staff. Thank you once more for your cooperation the last fifteen years. Sincerely, Dal i Equ. DA/he TII t k • ; 4.1 t � • -F Tri Bid Proposal fearing _xaminor For Contostoc \on-Voving Dar<ing Citation anc AnITE1 Control I le6rings Prepared for: City of Palm Desert Prepared by: Rick Lebel, Interim Hearing Officer c- July 25, 2008 321 Durango,Palm Desert,CA 92260 T 760-773-3680 F 760-776-8061 Evriefe@aol corn Executive Summary Objective Provides for a sealed bid to perform services and function as the Hearing Examiner for Contested Non-Moving Parking Citations and Animal Control Hearings in an independent and impartial manner by a responsible independent party for a per hearing fee as proposed herewith. The appended Resume provides and states the qualifications of the bidder/ applicant Rick Lebel and identifies an overview of prior experience, affiliations,education and skills which would serve to further qualify the candidate for this position. Goals Bidder proposes to offer himself as a qualified hearing officer capable of review, interpretation and application of AB408 Guidelines as provided by the appropriate Administrative Manual,the California Vehicle Code and the Municipal Code of the City of Palm Desert. Bidder further identifies that he has reviewed same guidelines and regulations, has discussed the qualifications for the Hearing Examiners position with the Code Compliance Manager for the City of Palm Desert, has been identified as an individual capable and selected to serve in an"Interim Capacity"as the Hearing Officer for Palm Desert and further believes that he can fulfill the requirements for the position in a competent and reliable manner. Proposal Bidder proposes to offer his services as an independent impartial Hearing Officer to provide for the hearing and disposition of all contested cases involving violations of the California Vehicle Code,the Palm Desert parking citation provisions of the Municipal Code and the Palm Desert Administrative Code or Regulations relating to the parking and impoundment of vehicles within the area of jurisdiction of the"Parking Agency"to include Palm Desert, Indian Wells and Rancho Mirage as deemed appropriate. Further,to conduct hearings and provide disposition of Animal Control provisions and regulations of the noted agencies. Services provided shall be as an independent contractor and consultant,furnishing such services in cooperation with the City. Bidder acknowledges that the City shall not be responsible for the withholding of any taxes or payroll type deductions. Bidder shall maintain independent automotive liability insurance for Bodily Injury Liability of$100,000 each person and$300,000 each occurrence with Property Damage Liability of$50,000 each occurrence,furnishing the City with a copy of such certification as required. Bidder,as an independent agent, requests consideration for waiver of any City Business License Fees or additional insurance requirements in performance of such limited services as proposed. 1 Inclusive Provisions Services provided may include the review of the citation and evidence establishing a Prima Fade Case for the hearing, the conduct of the hearing to examine the respondent's case for consideration,the conduct of the Administrative Review and Hearing pursuant to appropriate AB408 Guidelines,the preparation of documents, records,tape recordings or other administrative needs for establishment of a decision on the matter(s)and any followup invoicing to the appropriate agencies for such services as are required to fulfill the requirements of the administrative process. Proposed Schedule of Fees For Services Charges for contested cases and scheduled hearings as noted will be inclusive of the provisions noted and further determined by the nature and extent of required research, case hearings and disposition matters. • For each Contested Non-Moving Parking Citation a fee of$25.00 per case with a minimum of$50 per scheduled hearing day. • For each Animal Control related hearing a fee of$35.00 for each hour or fraction thereof, not to exceed$70.00 per case or citation related to any one individual. Respectfully submitted, Rick E. Lebel Enclosures: Personal Resume and City of Palm Desert Bid Sheet 2 Rick Lebei 321 DURANGO PALM DESERT, CA 92260 TEL 760 7733680 FAX 760-776-8061 Rick Lebel, bidder and candidate for Hearing Examiner For Contested Non-Moving Parking Citation and Animal Control Hearings, is a retired Deputy Fire Chief with 28 years service with the City of Ontario. He has currently served as a Public Safety Commissioner for the City of Palm Desert for over 10 years. He previously served as a hearing officer for the City of Upland Building Code Board of Appeals from 1986- 1994 and as a municipal Fire Marshal with the responsibility to both promulgate codes and regulations as well as to manage the enforcement of such regulations. Mr. Lebel is knowledgeable as to the intent, process and procedure relative to Assembly Bill 408 provisions as relates to the Administrative Adjudication Program providing for the hearing and disposition of contested cases involving violations of the California Vehicle Code and those issues relative to contested non-moving parking citations and animal control hearings applicable to the City of Palm Desert Municipal Code. Mr. Lebel has been a homeowner in Palm Desert since 1985, has served on the Monterey Country Club Homeowners Association Board of Directors for four years, including serving as Chair of the Architectural Committee for three years and on the Emergency Preparedness Committee for over ten years. OWNER, PRINCIPAL CONSULTANT, R.E. LEBEL &ASSOCIATES CONSULTIVE SERVICES PALM DESERT,CA 1995-2007 Organizational analysis and development, community fire protection analysis and development of recom- mendations. Assistance in professional position classification analysis and executive recruitment. Conduct operational and personnel assessment, evaluation and training. Provide management,fiscal and opera- tional program audit within organizations and prepare recommendations for executive review. Review comprehensive radio communications systems and dispatch programs developing recommendations for executive review. CHIEF FIRE OFFICER,ONTARIO, CA- MARCH, 1976 TO DECEMBER, 1995(RETIRED) Served 19 years as a Chief Officer within a 28 year fire department career. As second in command for over 16 years, performed general administration, planning and coordination for the Emergency Services Opera- tions Branch, Paramedic Program, Department Regional Training Center, Facilities and Equipment Branch the Fire Marshal's Office,the Communications Maintenance Branch, Emergency Preparedness and the member agency Emergency Communications and Dispatch Services Division for the five municipal fire de- partments serving western San Bernardino County. Budget: $16-18 million dollars. Reporting Staff: 8 managers and 150 employees of which 106 were on al- ternating twenty-four hour shift schedules. Developed restructuring of the Fire Department in 1993 to in- corporate the City Code Compliance Division as an element of the Fire Marshal's Office. Evaluated major programs of the Fire Department and implemented process and program changes to enhance delivery and improve services. Directed recruitment, promotional testing and employee evaluation programs. Designed and implemented the all risk emergency and disaster response efforts of the Department. Served as the Interim Fire Chief for over a one year period while coordinating the department's interrela- tionship with other city departments and the City Manager's Office. Concurrent with service as the Interim Fire Chief, served as the Executive Director of a $28 million dollar 800 MHz radio communications system project while reporting to a Board of Directors consisting of five City Managers and two Fire Chiefs to pro- vide for a communications joint powers agency(WECA)for over two years, while developing a multiple agency emergency communications and dispatch system serving the five cities public safety and local government needs. Facilitated the executive recruitment of a full-time Executive Director for the JPA. As the City's Fire Marshal from 1976-1979, provided daily management of technical, sworn and civilian staff and resources to affect fire investigations, occupancy inspections, public education,fire protection engineering and code development and enforcement activities. Prepared enabling Resolutions and City Ordinances for legal review and City Council enactment,developed community standards and regulations for fire protection, participated in city planning, engineering and building department review of all major community development projects and provided assistance and fire department input for zoning and land use programs. Concurrent with Fire Department service from 1973-1982 within the City of Ontario, was elected to public office as a Director for the Alta Loma Fire Protection District and successfully enabled the consolidation of three communities fire protection programs into the Foothill Fire Protection District. Was elected to public office as a Director for the Foothill Fire Protection District serving two terms of office. Organizational Affiliations Appointed by Council-City of Palm Desert Public Safety Commission, 1998-Present Instructor, Chaffey Community College Fire Technology and Academy Programs, 1974-1981 and was an Instructor/Facilitator, National Management Association Advanced Leadership Development Programs from 1987-1991 for Ontario, Upland and Montclair Member of the Board of Directors, Ontario Chamber of Commerce, 1992-1995 and co-chair of the Mem- bership Development and Governmental Relations Council for the Chamber from 1993-1995; Member of the Board of Directors, Rotary Club of Ontario 1992-1995,the California Fire Chiefs Association Southern Division Fire Marshals 1977-1979,the Board of Directors, San Bernardino County Emergency Medical Care Commission 1992-1995 and the Citrus Belt Fire Chiefs Association 1974-present. Served as President, Vice-President,Treasurer of several fire service related trade associations and organizations 1974-1995. Education Regents College, University of The State of New York , Bachelor of Science Program, School of Public Ad- ministration, 1989-1991; California State University at Los Angeles, Bachelor of Science Program, Fire Ad- ministration and Management, 1978-1984; Chaffey Community College,Alta Loma, CA 1969-1972 gradu- ated with an Associate of Arts Degree in Fire Science. Completed over 218 units of study with a 3.86 GPA • Senior Executive Fire Officer, National Fire Academy, Emmitsburg, MD, 1988; Chief Fire Officer, California State Fire Academy, Pacific Grove, CA, 1983; Limited Service Lifetime Teaching Creden- tial, California State Department of Education, 1972 Excellent oral and written communications skills; planning, observation and evaluation skills; adept at lead- ing and facilitating small to moderate sized groups of students, employees, staff and professional or civic groups; skilled in training and mentoring professional staff; have facilitated recruitment, promotional exams and evaluation of professional,technical and clerical staff; accomplished leader in staff development and establishment of fiscal accountability; skilled in organizational analysis and organizational development including policy and procedural development; accomplished leader in community, civic, service and pro- fessional organizations with marked demonstration of leadership skills and attributes. r' ;,,.,,I'. 1►` 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 ` '�,•ram Nim TEL: 760 3 4 6—0 61 I + ___ n „' FAX: 760 340-0574 1'�.t'.=~ info@palm-deserr.org 25, 2008 Mr. Rick E. Lebel 321 Durango Palm Desert, California 92260 Mc--Lcbel: tTI�/ Subject: Contract No. C27680 — Hearing Examiner to Conduct Administrative Review Hearings for Contested Non-moving Parking Citations and Animal Control Hearings to Comply With the Enacted Requirements of California State Assembly Bill No. 408 Enclosed is a copy of the fully executed Agreement for your records. If you have any restions or require any additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, CMC JERK RDK:mgm Enclosure (as noted) cc/en. . ' ode Compliance Department Finance Department •.0 AH/ CONTRACT NO. C28070 BUSINESS CONTRACT FOR HEARING EXAMINER THIS AGREEMENT ("Agreement") is made and entered into this 14th day of August , 2008, by the City of Palm Desert, California, municipal corporations (hereinafter collectively referred to as the "City") and Rick E. Lebel ("hereinafter "Hearing Examiner"). The parties enter into this Agreement with reference to the following facts: RECITALS A. WHEREAS, the City desire to comply with the enacted requirements of California State Assembly Bill No. 408 by designating a "Hearing Examiner" to conduct administrative review hearings for contested non-moving parking citations and animal control hearings. B. WHEREAS, it is in the best interest of the City that this contract be executed in order to assure the orderly and uniform hearing of contested non-moving parking citations and animal control hearings. C. WHEREAS, the Hearing Examiner has agreed to conduct administrative review hearings for contested non-moving parking citations and animal control hearings on behalf of the City. NOW, THEREFORE, in consideration of the mutual promises, agreements, and convenants contained herein, and for other good and valuable consideration, the parties agree as follows: 1. Hearing Examiner Rights and Authority. The City grant to the Hearing Examiner the right and authority to hear and dispose of all contested cases involving violations of the California Vehicle Code and the Municipal Codes of the City relating to non-moving parking violations and animal control hearings within the jurisdiction of the City. 2. Hearing Schedules. The Hearing Examiner agrees to conduct the administrative review hearings on the second and fourth Wednesday's of each month commencing at 10:00 a.m. The hearing shall be held at the City of Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California. The Hearing Officer shall not change the scheduled dates and times of the hearings without the express written consent of a majority of the City. 1 CONTRACT NO. C28070 3. Alternate Hearing Examiner. The Hearing Examiner shall provide a qualified alternate to conduct hearings in the event that the hearing Examiner is unable to attend due to an excused absence. 4. Term of Contract. This contract shall be for a period of one (1) year from the date of execution. This contract shall be automatically renewed from year-to-year, unless, a majority of the City, or the Hearing Examiner, gives the other party ninety (90) days' written notice of intent to terminate on the termination date. Notwithstanding the foregoing, the City may terminate this contract with our without cause, upon ninety (90) days' written notice delivered by certified mail at the address designated herein for notice. 5. Hearing Performance. The Hearing Examiner agrees to hear and dispose of all contested cases involving violations of the California Vehicle Code and the Municipal Codes of the City relating to non-moving parking violations and animal control hearings which occur within the jurisdiction of the City. Such hearings will be conducted in person on the dates indicated in paragraph 2 of this Agreement or by correspondence at the request of the contesting party. The Hearing Examiner agrees that he/she will use his/her best efforts to insure that the administrative review hearings are conducted in a fair, impartial and professional manner. The Hearing Examiner shall conduct the hearings in accordance with the written procedures provided by the City. The Hearing Examiner shall notify the contesting party of his or her decision at the conclusion of the hearing or by first class mail within thirty (30) days of the hearing. 6. Miscellaneous Provisions. 6.1 Incorporation of Recitals. Each of the Recitals appearing above is incorporated and made a part of this Agreement by reference. 6.2 Severability. In the event that any provision of this Agreement shall be held to be invalid, the same shall not affect, in any respect whatsoever, the validity of the remainder of this Agreement. 6.3 Assignability of Rights or Duties. The Hearing Examiner shall not assign its rights or duties or any interest it may have under this Agreement. 6.4 Notices. Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by either party to the other may be effected by certified mail, postage prepaid, return receipt requested, and shall be deemed communicated on the date of delivery as 2 CONTRACT NO. C28070 indicated on the return receipt. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this ara ra h: p 9 P City: Office of the Code Compliance Division Y p City of Palm Desert 73510 Fred Waring Drive Palm Desert, California 92260 Hearing Examiner: Rick E. Lebel, 321 Durango, Palm Desert, California 92260 Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights and duties of the parties. This Agreement supersedes any and all prior agreements between the parties, oral or written, and any and all amendments thereto relating to the subject matter of this Agreement. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing signed by all of the parties. 6.6 Attorneys' Fees. In the event of any litigation between the parties hereto arising out of or relating to this Agreement or the breach or enforcement thereof, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorneys' fees in such action. 6.7 Governing Law. This Agreement is entered into in the State of California, and shall be governed under the laws of this State. 6.8 Waiver. Any waiver of a breach of any covenant, condition or promise of this Agreement shall not be deemed a waiver of any succeeding breach of the same or of any other covenant, condition or promises of this Agreement. No waiver shall be deemed to have been given unless given in writing and in compliance with the "notices" paragraph set forth above. C T Captions. The various section and paragraph headings are inserted for convenience only, and shall not affect the meaning or interpretation of this Agreement or any section hereof. 3 CONTRACT NO. C28070 IN WITNESS WHEREOF, the parties hereto have executed this Agreement and made it effective as of the date indicated below. Executed this s'/ day of 2008. CITY OF PALM DESERT By: Carlos Ortega, City Manags_i ATTEST: Ci y Clerk of Palm Desert HEARING EXAMINER By: For: / (v4 £'0" -/,rD/viQ C 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calif is t County of I V�5,de On - 2O 209E3 before me, S7YiG- A, -�ro-. rvc1/r.( 00c> /,� , Date IC.; ere Insert Na and Title of the C f r personally appeared IE1 Lk E • Name(s)of Signer(s) who proved to a on the basis of satisfactory evidence to z. be the person whose nam are subscribed to the within instrument and acknowledged to me that she/they executed the same in h her/their authorized SONIA HIGUERA capacity and that by his/her/their signature,(di'f on the Commission # 7R69563 instrument the person or the entity upon behalf of p' which the person j'a ed, executed the instrument. -< -,� 1 Notary Public California = z Riverside County -- 31MyCornm.ExpkesSe 221,2o11 I certify under PENALTY OF PERJURY under the laws __ , _ ___ _ _ _ _ _ _ __ of the State of California that the foregoing paragraph is true and ect. WITNES nhand and •cial seal. Signat ► xG (. Place Notary Seal Above Sig re of Notary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached ocument nn -- __ f y Title or Type of Document: Pa_ C.N1'1 �� ""1" ctr in, �\Ct I/ 1 r�'�Q� Document Date:(9Q 1 I 2010 Number of Pages: 1/ Signer(s) Other Than Named Above: Capacity(ies) C ' d by Signer(s 4.. te Signer's Nam • Signer's Name: yIndividual ❑ Individual rs^-norate Officer—Title(s): ❑Corporate Officer—Title(s): rr—❑ Limited ❑ General RIGHT THUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER 0 Trustee Top of thumb here Trustee Top of thumb here ❑ "::trdian or Conservator ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ,• Signer Is Representing: r 9_ <d(fkf . s • ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5907 Reorder.Call Toll-Free 1-800-876-6827