HomeMy WebLinkAboutCC AG PKT 2010-09-13 #M AGENDA STAFF REPORT
DATE: September 13, 2010
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Mark H. Persico, AICP, Director of Development Services
SUBJECT: CONTRACT WITH THE STATE OF CALIFORNIA
OFFICE OF ADMINISTRATIVE HEARINGS
SUMMARY OF REQUEST:
Adopt Resolution No. 6058 approving a Professional Services Agreement
between the City of Seal Beach and the State of California Office of
Administrative Hearings to act as the appellate body for Administrative Citations.
BACKGROUND AND FACTS:
The Department of Development Services has overhauled the code enforcement
process and procedures over the past several months. The Department has also
implemented an Administrative Citation process pursuant to Chapter 1.15
(Enforcement) of the Municipal Code. Under Chapter 1.15 an Administrative
Citation may be appealed to a hearing officer.
Development Services staff and the City Attorney's Office believe that it is best to
have an outside person or entity act as the hearing officer. An outside individual
would be viewed as unbiased and best able to render an impartial decision. We
are therefore recommending entering into a contract with the Office of
Administrative Hearings (OAH).
OAH is part of the Department of General Services and is a quasi - judicial
tribunal that is divided into two divisions: General Jurisdiction Division
and Special Education Division. The General Jurisdiction Division has four
regional offices and hears cases throughout California for over 1,400 State,
county, city, and local government agencies. OAH is a central panel of
experienced, highly qualified administrative law judges who preside as
neutral judicial officers at hearings and settlement cases.
Agenda Item M
Page 2
FINANCIAL IMPACT:
The cost of hiring an OAH administrative law judge is $185.00/hr. along with an
$80.00 case filing fee and a $30.00 electronic recording fee. These costs are
borne by the City. Staff is therefore requesting a $5,000.000 budget amendment
to cover the anticipated cost for 6 -8 appeal hearings over the next 12 months.
(Budget Amendment 11 -03 -01 - item "F ")
RECOMMENDATION:
It is recommended City Council adopt Resolution No. 6058 authorizing the City
Manager to execute an Agreement with the State of California Office of
Administrative Hearings (OAH). It is further recommended that the City Council
approve a $5,000 budget amendment.
SUBMITTED BY: NOTED AND APPROVED:
t' �`�
Mark H. Persico, AICP David Carmanij, City Manager
Director of Development Services
Attachments
A. Resolution No. 6058
B. OAH Standard Agreement
RESOLUTION NUMBER 6058
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SEAL
BEACH AND THE STATE OF CALIFORNIA OFFICE OF
ADMINISTRATIVE HEARINGS (OAH) TO PROVIDE HEARING
OFFICER SERVICES
The City Council of the City of Seal Beach hereby resolves as follows:
SECTION 1. The City Council hereby approves the Agreement between the City
of Seal Beach and OAH to provide hearing officer services.
SECTION 2. The Council hereby directs the City Manager to execute the
Agreement with the State of California Office of Administrative Hearings (OAH).
SECTION 3. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 13th day of September , 2010 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6058 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 13th day of September , 2010.
City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into on 08/09 /10 , at Sacramento, by and
between the State of California, hereinafter called STATE, through its duly appointed Director of the
Office of Administrative Hearings, and the CITY OF SEAL BEACH, hereinafter called CITY.
WITNESSETH:
WHEREAS, the services of the Office of Administrative Hearings, Department of General Services,
may be needed by CITY conducting hearings and issuing proposed decisions; and
WHEREAS, STATE has the authority to contract with CITY for the rendering of hearing services
pursuant to Government Code Section 27727, and is amenable to the furnishing of such services when
required personnel are available by STATE,
NOW THEREFORE, IT IS MUTUALLY AGREED between the parties hereto as follows:
1. Upon request of CITY, STATE will furnish the services of Administrative Law Judges
to CITY for the purpose of conducting hearings under the authority of Government Code Section 27727.
The assignment of Administrative Law Judges for hearings will be at the discretion of the Director
and /or Presiding Administrative Law Judges, who may elect to hear the matter themselves.
2. In consideration of the performance of such services by STATE, CITY agrees to pay to
STATE the cost of rendering such services. In the event a calendared case is taken off calendar, or needs
to be re- calendared, other than by the Office of Administrative Hearings, and the Office of
Administrative Hearings is unable to schedule the Administrative Law Judge for another case, CITY
agrees to pay STATE for the original hearing time or until the Judge is assigned to another case,
whichever occurs first. Every effort will be made to promptly reassign the scheduled administrative law
judge in the event a calendared matter is cancelled, taken off calendar, settled, re- calendared or
continued. Costs shall be computed in accordance with the rates set forth in the Department of General
Services Price Book current with the term of this Agreement. STATE agrees to submit invoices for
services which are rendered hereunder.
3. This Agreement commences effective the date of first above written and shall continue
in full force and effect until either party shall notify in writing the other party of its determination to
terminate the Agreement, which termination shall occur sixty (60) days after the mailing of such notice.
IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the parties
hereto, the day and year first above written.
CITY OF SEAL BEACH
DAVID CARMANY, City Manager
OFFICE O; NISTRATIVE .. E RINGS
muntilialller
NOAH ALAD Z, Chief of Administration
(OAR 22, REV. 2/09)