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Title:
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Approval of Amendment to Existing Professional Services Agreement with Judy A. Sherman and Philip R. Levine for Parking Citation Administrative Hearing Examiner Services for an Additional Two-Year Period.
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City of Culver City, California
City Council Agenda Item Report
1
RECOMMENDATION:
Staff recommends the City Council approve amendment to the existing
professional services agreement with Judy A. Sherman and Philip R. Levine for
Parking Citation Hearing Examiner services for an additional two-year period.
BACKGROUND:
Since January 1996, California State Law has required that the Parking Citation
Administrative Hearing Examiner be an independent entity from the issuing and
processing agency. Since that time, the Westside Cities Group (WSG) consisting
of Beverly Hills, West Hollywood, Santa Monica and Culver City have contracted
with a Hearing Examiner to conduct the hearings for these Cities.
Prior to the actual hearing, the respondent will have had their citation analyzed by
police department staff through an Administrative Review process to determine the
validity of the citation. If the respondent is found liable at the Administrative
Review level, the respondent may then request a hearing either in-person or by
mail.
The Administrative Review documents consist of the original documents from the
respondent and any additional police commentary. These documents are
presented to the Hearing Examiner at the time of the Hearing. The Hearing
Examiner present at the scheduled date hears the case, renders a decision, and
provides a computerized disposition of either Liable or Not-Liable.
By working jointly with other WSG member cities, Culver City is able to attract
more competitive hearing examiner rates due to the combined work volume.
Meeting Date 01/14/2008 Item Number: C-4
AGENDA ITEM: Approval of Amendment to Existing Professional Services
Agreement with Judy A. Sherman and Philip R. Levine for Parking Citation
Administrative Hearing Examiner Services for an Additional Two-Year Period.
Contact Person/Dept.: Dianne Gifford Phone Number: (310) 253-6252
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master Notification List (01/09/08)
Department Approval: Don Pedersen,
Chief of Police (12/17/2008)
City Attorney Approval
Carol A. Schwab (by H. Baker) (01/09/08)
Fiscal Impact Review
Jeff Muir (by M. Noller) (01/08/08)
City Manager Approval: Jerry B. Fulwood
Jerry B. Fulwood (01/09/08) City of Culver City, California
City Council Agenda Item Report
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When feasible, WSG has established cooperative agreements to share hearing
examiners and hearing locations to facilitate convenient scheduling with individuals
contesting a parking citation.
The contract extension with the current Parking Citation Administrative Hearing
Examiners, Judy A. Sherman and Philip R. Levine expired on December 31, 2007.
Because of the imminent expiration of the contract, it was determined that WSG
must examine options by jointly inviting proposals from qualified persons interested
in providing administrative hearing services.
DISCUSSION:
In September 2007, the City of Santa Monica, with the approval of WSG, sent a
Request for Proposal (“RFP”) to vendors and agencies that provide administrative
hearing services. The RFP was also posted on the California Public Parking
Association website and with Parking Today magazine. Only one vendor
responded as follows:
In October 2007, WSG met telephonically to discuss the proposal. The only
responsive vendor is our current Hearing Examiner and WSG opted to continue
interviews telephonically and through email because of a change in pricing. Each
City waived professional comprehensive general liability insurance, which has
been proposed but never been required and would raise fees significantly.
The WSG has been very satisfied with the competent services of Judy A. Sherman
and Philip A. Levine. They are respected attorneys and, in addition to hearing
parking citations for the WSG, they also provide similar services for various Los
Angeles area agencies.
Exhibit A in your packet is Judy A. Sherman’s and Philip R. Levine’s proposal and
incorporated resume.
FISCAL IMPACT:
CONTRACT EXTENSIONS
Proposal Vendor 2008 2009 2010/11 2012/13
Philip R. Levine & Judy A. Sherman $13** $14** $16 ** $18 **
**per hearing City of Culver City, California
City Council Agenda Item Report
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Currently a flat rate of $12.00 is charged for each hearing whether in-person or
written. For Fiscal Year 2006/2007, there were approximately 192 hearings
conducted for a total fee of $2,304. The proposed one dollar per hearing fee
increase would equate to an approximate annual increase of $192.00 per year
depending upon how many cases are contested at the Hearing Examiner level.
Sufficient funds are budgeted in 10140900.619800 - Other Contractual Services for
the remainder of Fiscal Year 2007/2008 to cover the cost of this requested
amended agreement.
ATTACHMENTS:
1. Exhibit A: Proposal of Judy A. Sherman and Philip Levine and incorporated
resume.
MOTION:
That the City Council:
1. Approve an amendment to the existing Professional Services Agreement with
Judy A. Sherman and Philip R. Levine to conduct parking administration
hearings for the City of Culver City; and
2. Authorize the City Attorney to review/prepare the necessary documents and
authorize the City Manager to execute such documents on behalf of the City