HomeMy WebLinkAboutCC AG PKT 2011-11-14 #H�F'sea '•
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AGENDA STAFF REPORT
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DATE: November 14, 2011
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Mark H. Persico, AICP, Director of Development Services
SUBJECT: BUDGET MODIFICATION TO USE THE STATE OFFICE
OF ADMINISTRATIVE HEARINGS AS THE CODE
ENFORCEMENT HEARING OFFICER
SUMMARY OF REQUEST:
That the City Council authorize a budget modification in an amount not to exceed
$4,000 for the use of State Office of Administrative Hearings (OAH) as the
appeal Hearings Officer for Administrative Citations.
BACKGROUND AND ANALYSIS:
Three Administrative Citations have been issued by the Code Enforcement
Officer to the owner of a recreational vehicle in College Park East for illegally
parking the vehicle on the driveway. Citations were issued on September 26,
October 5, and October 14, 2011. Pursuant to Municipal Code Section
1.15.015.F. the property owner appealed the first citation on October 12, 2011,
and the second and third citations are being held in abeyance pending the
outcome of the appeal on the initial citation. Under the Code the appeal hearing
must be conducted within 30 city business days of being filed, or in this case not
later than November 28, 2011.
To ensure impartiality, appeals should be heard by a neutral party typically from
outside City Hall. In the most recent code enforcement appeal hearing last year
the case was heard by a retired judge from the OAH. That appeal hearing cost
the City approximately $7,000 between City Attorney expenses of $4,500 and
OAH expenses of $2,500.The current fiscal year budget (FY 2011 -12) has
$5,000 budgeted for "General Prosecution," which includes code enforcement
activity, but there is no line item expense for outside services related to a hearing
officer. Code enforcement expenses are under the Building Division (account no.
001 - 031 - 44000). The current amount budgeted, $276,500, is actually the
percentage of revenue Charles Abbott receives from building permit fees. Those
funds are fully accounted for; therefore a budget modification is necessary.
Agenda Item H
FY 2011 -2012 BUDGET
Account Number Description
General Prosecution
001 - 015 -49720 (code enforcement)
Contract Professional services
001 - 031 -44000 (Charles Abbott % of permit fees)
$5,000
$276,500
$1,000
$3,000
ENVIRONMENTAL IMPACT:
This action is not considered a project under the California Environmental Quality
Act. No further action is necessary.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
A budget modification of $4,000: $1,000 to Account No. 001 - 015 - 49720, and
$3,000 to Account No. 001- 031- 44000. (Budget Amendment No. 12- 05 -01)
RECOMMENDATION:
That the City Council authorize a budget modification in an amount not to exceed
$4,000 as outlined above.
SUBMITTED BY:
Current Budget
NOTED AND APPROVED:
CZ
Mark H. Persico, AIC dill. Ingram, City M n ger
Director of Development Services
Additional Amount
Request
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