HomeMy WebLinkAbout25B - HEARING OFFICER NUISSANCE
REQUEST FOR
COUNCIL ACTION
8 CITY COUNCIL MEETING DATE:
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CLERK OF COUNCIL USE ONLY:
.JULY 6, 2004
TITLE:
AGREEMENT AMENDMENT WITH ABEL ARMAS
FOR HEARING OFFICER SERVICES FOR
NUISANCE ABATEMENT PROCEEDINGS
APPROVED
0 As Recommended
0 As Amended
0 Ordinance on 1 st Reading
0 Ordinance on 2nd Reading
0 Implementing Resolution
0 Set Public Hearing For
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CONTINUED TO
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FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an amendment to the agreement with Abel S.
Armas to serve as hearing officer for nuisance abatement proceedings in an
amount not to exceed $40,000.
8 DISCUSSION
Since 1997, property owners who have been cited by Community Preservation
for code violations have been offered mediation through hearing officer
proceedings. As an alternative to court proceedings, hearings are
conducted by the City pursuant to the Alternative Abatement Proceedings in
accordance with Article VIII of Chapter 17 of the Santa Ana Municipal
Code.
For the past seven years, the City has contracted with Mr. Abel S. Armas
to conduct the hearings regarding nuisance abatement for the Planning and
Building Agency. His performance has been most professional and his past
experience in law enforcement gives him the necessary insight to properly
mediate these cases.
The City Attorney's Office has advised that the City enter into a contract
of longer than a one-year duration for hearing officer services, based on
a California Supreme Court action. This would help to alleviate the
concern for bias rulings by the hearing officer in the City's favor in
order to ensure annual renewal of contracted services. The California
Supreme Court recently ruled that a hearing officer who is paid on a case-
by-case basis with no guarantee of future business has a financial
conflict of interest, which creates a perception that the officer will
rule in the city's favor. For this reason, the City Attorney's Office
recommends a two-year contract with a covenant that the City will not
8terminate the contract in retaliation for an adverse decision. The
proposed amendment to the agreement would increase the agreement by
$20,000 and be effective for an additional two-year period.
258-1
Agreement Amendment
July 6, 2004
Page 2
wi th Abel Armas
FISCAL IMPACT
Funds have been allocated for this purpose in the Planning and Building
Agency's annual budget for FY 2004-05 in the Community Preservation
account for other personnel services (account no. 11-509-6191).
APPROVED AS TO FUNDS AND ACCOUNTS:
s1t!5L
Executive Director
Planning & Building
6
Executiv
Finance &
6ma
Director
Management
Services Agency
Agency
SB:rb
sb \RFCA \Abel Armas Amendment
258-2