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HomeMy WebLinkAbout25B - HEARING OFFICER NUISSANCE REQUEST FOR COUNCIL ACTION 8 CITY COUNCIL MEETING DATE: ~ ~ 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 ~~ CONTINUED TO ~( 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