Resolution No. 6673
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RESOLUTION NO. 6673
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF A HEARING EXAMINER AGREEMENT,
1995-1996, BY AND BETWEEN THE CITY OF VERNON
AND LLOYD B. CARTER RESPECTING THE DISPOSITION
OF CONTESTED PARKING/STANDING VIOLATIONS IN
COMPLIANCE WITH THE VEHICLE CODE OF THE STATE
OF CALIFORNIA
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WHEREAS, S40200 of the Vehicle Code of the State of
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California provides that parking and standing violations shall be
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subject to civil penalties and not criminal penalties; and
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WHEREAS, such violations initially will be handled by
administrative procedure, and not by court hearing, and an appeal
therefrom, pursuant to S40215 of the Vehicle Code of the State of
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California, will be referred to a hearing examiner for
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administrative review; and
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WHEREAS, the City Council desires the hearing examiner
to conduct administrative hearings and examine witnesses under
oath; and
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WHEREAS, the City Council by Resolution No. 6323 on
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September 23, 1993, approved an agreement with Lloyd B. Carter to
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serve as hearing examiner for the purpose of prov~,ding the hearing
and disposition of contested parking/standing citations in
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compliance with the Vehicle Code of the State of california; and
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WHEREAS, Lloyd B. Carter has the specialized knowledge
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and professional skills of a person previously trained in traffic
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enforcement and is fully qualified to perform the services
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required by the City as specified in the Hearing Examiner
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Agreement in order to ensure the effective and efficient
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adjudication of parking and standing citations in a fair and
impartial manner; and
WHEREAS, the City Council desires to renew said
Agreement and to hire Lloyd B. Carter for the period of September
1, 1995 to August 31, 1996, at a rate of Twenty Dollars ($20.00)
per hour, with said Agreement to continue on a month to month
basis thereafter unless terminated by either party; and
WHEREAS, the City Administrator has recommended the
renewal of said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: The City Council of the City of Vernon
hereby approves the Hearing Examiner Agreement, 1995-1996, a copy
of which has been presented to the City Council concurrently with
this resolution, and the City Council hereby orders said Agreement
to be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon
hereby authorizes the Mayor and the City Clerk to execute said
Agreement for, and on behalf of, the city of Vernon.
SECTION 4: The City Council hereby authorizes the
hearing examiner to conduct hearings on appeals from parking and
standing citations, to swear in witnesses under penalty of
perjury, and to take and record the testimony of such witnesses.
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SECTION 5: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 15th day of August, 1995.
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ATT~: /. .. ././'
/~ ~ ~~4~
BRUCE V. MALKENHORST, city Clerk
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~ 'A-4V O. i/ 'l'{x#
TH MAS A. YB~, Mayor Pro Tem
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6673, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, August 15, 1995, and thereafter was duly signed by the
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Mayor Pro Tem of the City of Vernon.
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( SEAL)
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BRUCE V. MALKENHORST,
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August. l7, 1995
To: Liz Sawickis, Re ds Manager
From: Gloria J. Oro co Chi f Deputy City Cierk
Re: HEARING EXAMINER AGREEMENT WITH LLOYD B. CARTER
Attached hereto for your records is a copy of Resolution- No. 6673
pertaining to the above referenced agreement.. Please monitor
this so that we may. renew the agreement when it expires August
31, 1996.
GJO/hr
Attachment
CITY COUNCIL ~ DAVID B. BREARLEY
~ ~ City Attorney
LEONIS C. MALBURG ~ k,~~ FAX: (818) 330-5818
Mayor
` Communit Services & Water
THOMAS A. YBARRA ~ ~ ~ ` FAX: (213) 588-2761
Mayor Pro-Tem ;
KENNETH J. DeDARIO
Wm. "BILL" DAMS ~ Director of Light & Power
Councilman FAX: (213) 583-1983
H. "LARRY" GONZALES ~ + ~a ' DAVE TELFORD
Councilman ad t Fire Chief
~ ~ ' ~ ~ FAX: (213) 58I-1385
W. MICHAEL McCORMICK
Councilman ' , " LOUIS ROSENKRANTZ
Police Chief
BRUCE V. MALKENHORST CITY HALL FAX: (213' 581-1178
City Administrator/City Clerk In Reply Refer [o:
FAX: (213) 581-7924 4305 SANTA FE AVENUE,'VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
August 30, 1995
Lloyd )3. Carter
2658 Renz Circle
Fullerton, California 92633
Re: Hearing Examiner Agreement
Dear Mr. Carter:
Enclosed herewith for your records is a fully executed duplicate
original of the above referenced agreement.
If you should have any questions, please contact Liz Sawickis in
the Police Department.
Very truly yours,.
CIT F VERNON
i i
oria J. rosco
Chief De ty City Clerk.
GJO/hr
Enclosure
cc: Liz .Sawickis _(w/enc.)
Records .Manager
1 HEARING EXAMINER AGREEMENT
1995-1996-
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3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and
5 used as the original hereof for all purposes, effective as of the
-6 1st day of September, 1995.
7 BY AND BETWEEN THE CITY OF VERNON (hereinafter
referred to as "City")
8 4305 Santa Fe Avenue
Vernon, CA 90058-0805
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AND LLOYD B. CARTER (hereinafter
10 referred to as "Contractor")
2658 Renz Circle
11 Fullerton, CA 92633
(714) 526-4521
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13 RECITALS:
14 WHEREAS, pursuant to Section 40200 of the Vehicle Code of
15 the State of California, parking and standing violations have been
16 declared to be subject to civil penalties and not criminal
17 penalties; and
18 WHEREAS, such violations initially will be handled by
19 administrative procedure, and-not by court hearing, and an appeal
20 therefrom, pursuant to Section 40215 of the Vehicle Code of the
21 State of California, will be referred to a hearing examiner-for
22 administrative review; and
23 WHEREAS, the position of hearing examiner requires the
24 specialized knowledge and professional skills of a person
25 previously trained in traffic enforcement in order to ensure the
26 effective and efficient adjudication of parking and standing
27 citations in a fair and impartial manner, and the Contractor is
28 fully qualified to perform the services required by the City, as
1 hereinafter specified; and
2 WHEREAS, it is the desire of the City to hire the
3 Contractor as a hearing examiner for the purpose of providing the
4 hearing and disposition of contested parking/standing citations in
5 compliance with the Vehicle Code of the State of California.
6 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL
7 COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS:
8 SECTION 1: Scope of Services.
9 The services to be provided are described in the Scope of
10 Services for Hearings attached hereto as Exhibit A, and made a
11 part hereof by reference.
12 SECTION 2: Performance.
13 The Contractor agrees that all services provided shall be
14 conducted solely by the Contractor and that services will
15 performed and rendered diligently in conformance to the City of
16 Vernon procedure for hearings with regard to parking and standing
17 citations as approved by the City Council of the City of Vernon.
18 SECTION 3: Independent Contractor.
19 (a) The Contractor is an independent contractor and
20 shall have no power or authority to incur any debt, obligation or
21 liability on behalf of the City. No act or omission of the
22 Contractor in the course of performing any services under this
23 Agreement shall be deemed or construed to make the Contractor an
24 agent, employee, associate, partner or joint venturer of the City.
25 The Contractor's services hereunder shall be performed in such
25 manner as the Contractor may, in the exercise of reasonable
27 discretion, deem appropriate and beneficial for the City. The
28 Contractor shall be responsible for determining the means and
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1 methods for performing the services required hereunder.
~ (b) The Contractor shall not be eligible for, nor claim
3 any benefits under, the Public Employee's Retirement System, State
4 Unemployment Insurance, Disability Insurance, Workers'
5 Compensation Insurance, or other benefits through the City as such
6 benefits are commonly conferred upon employees of the City;
7 provided, however, that nothing contained herein shall be deemed
$ to affect any benefits which may have accrued to the Contractor
9 while employed by any other public or private employer, whether
10 prior to or after the effective date of this Agreement.
11 (c) Nothing contained in this Agreement shall be deemed
12 to preclude the Contractor from performing services of the nature
13 specified herein, or any other services, for other public agencies
14 or private entities.
15 (d) In performing the services required hereunder, the
16 Contractor will provide his own vehicle at no additional expense
17 to the City.
18 SECTION 4: Contractor's Compensation.
19 (a) The compensation to be paid by the City to the
20 Contractor for all services rendered pursuant to this Agreement
21 shall be the sum of Twenty Dollars ($20.00) per hour; provided,
22 however, that the number of hours per month shall be not less than
23 two (2) nor more than eight (8) unless authorized in advance by
24 the City.
25 (b) The Contractor shall have sole responsibility for
26 reporting to the State and Federal governments all compensation
27 received as a result of the services performed hereunder. The
28 City shall have no responsibility for submitting reports for
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-T income tax purposes.
2 (c) The Contractor shall submit written invoices for
3 payment by the City giving the details and number of hours for
4 each case heard.
5 SECTION 5: Term of Agreement.
6 (a) This Agreement shall become effective upon the date
7 of execution and shall remain in full force and effect for a
$ period of one (1) year, subject to the termination provisions set
9 .forth below in paragraph (b). This Agreement shall continue after
10 said year on a month to month basis until~so terminated pursuant
11 to paragraph (b).
12 (b) Either party may terminate this Agreement at any
13 time upon providing the other party with not less than thirty (30)
14 days prior written notice, unless a shorter period is acceptable
15 to both parties; provided that, except in case of an emergency, no
16 termination by the Contractor shall be effective until all
17 continued hearings have been completed.
18 SECTION 6: Indemnification and Insurance.
19 (a) The Contractor shall defend, indemnify and hold
20 harmless the City, its officers, agents and employees, from and
21 against any liability, claims, demands, damages, suits, causes of
22 action, losses, costs or expenses including, but not limited to,
23 court costs and attorneys' fees, arising out of or attributable to
24 the Contractor's performance of this Agreement.
25 (b) The Contractor shall, during the-term of this
2~ Agreement, procure and maintain Worker's compensation insurance
27 coverage to the extent required as prescribed by the State of
28 California. If Contractor does not employ any person in the
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1 performance of this Agreement, no Worker's Compensation insurance
2 is required. If Contractor becomes subject to the worker's
3 compensation provisions of Section 3700 of the Labor Code of the
4 State of California, he hereby agrees to forthwith comply with
5 said section.
6 SECTION 7: Assignment.
Neither the City nor the Contractor shall assign this
$ Agreement, nor shall the Contractor assign any monies to be
9 received hereunder, without the prior written consent of the City,
10 which consent shall not be unreasonably withheld.
11 SECTION 8: Entire Agreement and Amendments.
12 (a) This Agreement supersedes all prior proposals,
13 agreements, and understandings between the parties and may not be
14 modified or terminated orally.
15 (b) No attempted waiver of any of the provisions hereof,
16 nor any modification in the nature, extent or duration of the
17 services to be performed by the Contractor hereunder, shall be
18 binding unless in writing and signed by the party against whom the
19 same is sought to be enforced.
20 SECTION 9: Resolution of Disputes.
21 (a) Disputes regarding the interpretation or application
22 of any provisions of this Agreement shall, to the extent
23 reasonably feasible, be resolved through good faith negotiations
24 between the parties.
25 (b) If any action at law or in equity is brought to
26 enforce or interpret any provisions of this Agreement, the
27 prevailing party in such action shall be entitled to reasonable
28 attorney's fees, costs and necessary disbursements, in addition to
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1 such other relief as may be sought and awarded.
2 SECTION. 10: Ownership.
3 All documents, records, tape recordings, and computer
4 entries prepared pursuant to this Agreement shall be the property
5 of the City.
6 SECTION 11: Governing.
7 This Agreement shall be governed by the laws of the State
$ of California.
9 IN WITNESS WHEREOF, the parties hereto have caused this
10 Agreement to be executed and attested by their respective officers
11 or representatives, duly authorized, as of the date, month and
12 year first above written.
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CITY OF VERNON
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BY ~ ~ ~ ~ , ~t~7~Z~"
15 HOMAS A. YB RRA, Mayor Pro Tem
16 ATTEST:
17 B i~ ~G~~
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BRUCE V. MALKENHORST, City Clerk
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APPROVED AS TO FORM:
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By:
20 DAVID B. BREARLEY, City ttorney
21 CONTRACTOR
22 By ~ DC
LLOYD B. CARTER
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EXHIBIT A
SCOPE OF SERVICES FOR HEARINGS
1. Conduct hearings for contested parking and standing
citations in accordance with the City of Vernon Procedure
for Hearings on Parking and Standing Citations.
2. Tape record all. hearing proceedings.
3. Make a pre-hearing statement.
4. Read the citation into the record.
5. Administer the oath.
6. Record the name and address of the respondent and all
witnesses, if any.
7. Record the registered owner's name and address and the
.respondent's relationship to the registered owner.
8. Examine the citation for defects.
9. Hear and examine the respondent, any witnesses, and all
evidence.
10. Continue hearings when .appropriate.
11. Weigh the evidence.
12. Render a fair and impartial decision.
13. Record the disposition on the Hearing Disposition form.
14. Insure that the case file has all pertinent forms and
documents.
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EXHIBIT A
CITY COUNCIL -
"',n,, DAVID B. BREARLEY
LEONIS C. MALBURG ~ ~ City Attorney
Mayor 11// ` FAX: (818) 330-5818
THOMAS A. YBARRA Community Services &:Water
Mayor Pro-Tem FAX: (213) 588-2761
Wm. "BILL" DAMS KENNETH J. DeDARIO
Councilman ~ ; - Director of Light & Power
' ~ FAX: (213) 583-1983
H. "LARRY" GONZALES ' -
Councilman ~ a~ ~ DAVE TELFORD
Fire Chief
W. MICHAEL McCORMICK FAX: (213) S8I-1385
Councilman
- LOUIS ROSENKRANTZ
Police Chief
'BRUCE V. MALKENHORST CITY HALL FAX: (213) 581-1178
City Administrator/City Clerk
FAX: (213} 581-7924 In Reply Rejer to:
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
July 26, 1995
Finance Committee
City of Vernon
Honorable Members:
The City previously entered into a Hearing Examiner Agreement with
Lloyd B. Carter pertaining to the disposition of contested
_ parking/standing violations for the Police Department.
It is hereby recommended that the agreement be renewed and the fee
for sere-ices be increased to $20 per hour effective September 1,
1995, contingent upon approval of the agreement by the City
Attorney. The hourly fee is consistent with the fee schedule of
the cities of Sou h Gate and Huntington Park who also contract for
this service.
Very truly yours,
Bruce V. Malkenhorst
Director of Finance
BVM/hr _
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