HomeMy WebLinkAboutCA Office Admin Hearings 2014c►rr of � Agenda Item No: 4. a
Meeting Date: May 5, 2014
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Attorney
�• City Manager Approval:
Prepared by: Eric T. Davis, Deputy City Attorney II
SUBJECT: RESOLUTION OF
RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUT
1 AMENDMENT AGREEMENT
ADMINISTRATIVE H, r INCREASINGAMOUN
FROM $20,000 O $409000 PROVIDE
ii , M OFFICER SERVICES RELATE
TO NOTICE AND ORD_RINGS IN CODE ENFORCEMENT
RIE COMMENDATION: Staff recommends adoption of the attached resolution authorizing the
City Manager to execute an Amendment to the Agreement with the Office of administrative
Hearings increasing the not to exceed amount from $20,000 to $40,000 to provide hearing officer
services related to Code Enforcement matters.
AdministrativeDISCUSSION: The Office of . • a quasi-judicial
administrative disputes and provides a neutral forum for fair and independent' resolution of
administrative public agencies all over California.Manager previously
executed the attached contract with the Office of Administrative Hearings to perform hearing
officer duties associated with Code! ! Order '
The term of that Agreement would 30, 2015. City like ;
amend that Agreement for the purpose of increasing the not to exceed limit from $20,000 to
$4000. A protracted ! ! Order proceeding has nearly exhausted the $20,000 limit to
FISCALthe contract and the amendment is needed to allow further hearings to be held through June 2015.
costi
availableexceed $40,,000. Funding is ! general! and
relatedother funds
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
_TJA lk"t" A
40 j
OPTIONS:
• Adopt the resolution authorizing the amendment to the agreement.
• Direct staff to negotiate changes to the amendment to the agreement to reflect the desires of
the City Council.
• Reject the amendment to the agreement.
imm
• Agreement No. 130053 Dated March 25, 2013
• Amendment No. 130053A
RESOLUTION O
APPROVING AND AN
AMENDMENTF
HEARINGS INCREASING THE NOT TO EXCEED AMOUNT FROM $20,000 TO
ORDER$40,000 TO PROVIDE HEARING OFFICER SERVICES RELATED TO NOTICE AND
WHERthe City EAS,
z. `- s Manager executed an Agreement with the California Department
of General Services/Office
services
related
to
Notice � i a s { ar �a a "� a � ;I. O t a
�: E code
Municipal Code ! and
WHEREAS,the
not o exceed
asd i `. o $20,000 da e
aforementioned
a aoad ` � a s •
1i
has nearly been exceeded, and City staff desire to increase the not to exceed amount to $40,000
for the
,a. aI # a` .. a. a-rm 7 Agreement
a, .a. _- on a,
30, 2015.
x
RESOLVES that it approves and authorizes the City Manager t0 execute, 0n behalf 0f the City
0f San Rafael, the Amendment t0 the Agreement with the Office 0f Administrative Services, in
the form 0n file with the City Clary and attached t0 the accompanying Staff Report, t0 Increase
the not t0 exceed amount under the Agreement from $20,000 t0 $40,000 t0 provide hearing
officer services related t0 Notice and Order hearings in code enforcement matters.
BEIRNE Clerk of the Cityof San Rafael, hereby
Resolution as duly and regularly introduced and adopted at a regular meeting 0f the City
Council 0f said City 0 Monday, a , the 5th ay. of May, 2014 y the following vote, t0 it:
r
' i c Colin,
McCullough
rES: z r -. _ •
ESTHER C. BEIRNE, City Clerk
OFFICE OF ADMINISTRATIVE HEARINGS
2349 Gateway Oaks Drive, Suite 200, Sacramento, CA 95833-4231
General Jurisdiction — (916) 263-0550 phone / (916) 263-0554 fax
Special Education — (916) 263-0880 phone / (9 16) 263-0890 fax
www.oah.dgs.ca.gov
Laraine Gittens
City Attorney"s Office
City of San Rafael
P.O. Box 151560 -
San Rafael,, CA 94915-1560
State of California
Enclosed is a copy of the fully executed Amended Agreement by and between the State of California,
through the Office of Administrative Hearings, and the City of San Rafael.
Please do not hesitate to contact the Office of Administrative Hearings for any hearing services you
require.
Tim can
Staff Services Analyst
Office of Administrative Hearings
Los Angeles
320 West Fourth Street,
Suite 630
Los Angeles, CA 90013
(213) 576-7200
Fax (213) 576-7244
91��MT�
Oakland
1515 Clay Street, Suite 206
Oakland, CA 94612
(510) 622-2722
Fax (510) 622-2743
Van Nuys
15350 Sherman Way
Suite 300
Van Nuys, CA 91406
(81 8) 904-2383
Fax (818) 904-2360
Agreement Number
OUU53
TWis,4,areeue,,#t is eitere* itto �)ehvaav
LOCAL AGENCY'S NAME
City of San Rafael
-• .-
2
NAME
Department of General Services / Office of Administrative Hearings
2 The term of this
Agreement is: July 1, 2013 Through June 30, 2015
3. The maximum amount $401000.00
of this Agreement after this Amendment is-
Fofty Thousand Dollars and No Cents
"Iffl, � 10] -6�,k -
4. The parties mutually agree to this amended as follows. All actions noted below are by this reference made a part of the
Agreement and incorporated herein -
This Agreement is hereby amended to increase the maximum payable from $ 20,000-00 to $401000.00.
STANDARD AGREEMENT AGREEMENT NUMBER
1. This Agreement is entered into between:
E AL AGENCY'S NAME
City of San Rafael
CONTRACTOR NAME
Department of General Services I Office of Administrative Hearings
2 The term of this
Agreement is:ulv 1. 2013 to June 30, 2015
IF .
3. The maximum amount $20,000000
of this Agreement is: Twenty Thousand Dollars and No Cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part
of the Agreement.
Exhibit A — Scope of Work 2 pages
Exhibit B — Budget Detail and Payment Provisions I pages
Exhibit C — General Terms and Conditions 1 pages
Exhibit D — Special Terms and Conditions I pages
Exhibit E — Addonal Provisions 0 pages
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR'S NAME
Office of Administrative Hearings
PRINTED ME fiND TITLE OF PERSON SIGNING
Linda A. Cabatic, Director and Chief Administrative Law Judge
ADDRESS
2349 Gateway Oaks Drive, SuiteSacramento, CA 95833
ti
111E!11111 E -MN -M
CAL AGENCY NAME
M--&
Nancy Mackle, City Manager
DATE SIGNED(M not type)
EXHIBIT A
L 0 0 - a--- i� 0
•
Upon request of City of San Rafael (hereinafter referred to as "Local Agency"), Department
of General Services, Office of Administrative Hearings {OAH) agrees to furnish the services
of Administrative Law Judges {ALJs) to the Local Agency, for the purpose of conducting
hearings pursuant to Government Code section 27727 when required personnel are
available by OAH. The assignment of ALJs for hearings will be at the discretion of the
Director and/or Presiding Administrative Law Judges, who may elect to hear the matter
themselves.
N
3. The project representatives during the term of this agreement will be:
Office of Administrative Hearings
Local Agency: City of San Rafael
Name.- Ch2al Hill
Name: Laraine GittensL Legal Assistant
Phone: 916-263-0550
Phone: 415-485-3080
Fax: 916-263-0545
Fax: 415-485-3109
Email: Chervl.Hill _dgsca.gov
Email: ciIy.attorney@citYofsanrafa
Direct all inquiries to:
Office of Administrative Hearings
Local A engy: City of _San Rafael
Section/Unit: Ci !y Attorney's Office
Attention: Kay Stubbings_
Address: 2349 Gateway Oaks Dr. Suite 200
Attention: Laraine Gittens, Le al Assistant
Address: P.O. Box 151560, San Rafael, CA
94915-1560
Sacramento, CA 95833
Phone: 916-263-0512
Phone: 415-485-3080
Fax: 916-263-0545
Fax--. 415-485-3109
Email: Kay. Stubbin_qs@dgs.ca, cIov
Email: city. attomeYQcit Yofsanrafael.9r
..
4. OAH will retain the administrative record, including electronic recording for 30 days
following the issuance of a decision / proposed decision. After 30 days, OAH will transmit the
complete record to i Agency unless the Local Agency directs otherwise. Decisions
Proposed Decisions and closed case files shall be directed to.*
Local 6pn CiW of San Rafael
Section/Un
it: Citv Clerk's Mice
Attention*. Esther Beirne, City Clerk
Address: P.O. Box 151560, San Rafael, CA
Phone: 415-485-3065
Fax: 41 - 5-485-3133
a
1. INVOICING AND PAYMENT
A. For services satisfactorily rendered in accordance with the Scope of Work, and upon
receipt and approval of the invoices, the Local Agency agrees to compensate the
Department of General Services, Office of Administrative Hearings, for actual
expenditures incurred in accordance with the rates specified herein. OAH charges will
include filing fees, Administrative Law Judge hourly rates, and translator/interpreter fees
as required. All costs associated with providing a record of the hearing
(reporter/transcription, etc.) shall be billed directly to the Local Agency. AU hourly rates
and filing fees charged by OAH will be the rates set forth in the Department of General
Services' Price Book at the time the services are rendered. Rates for court reporters will
be the current contract rates at the time the services are rendered, which vary by
geographical location. Fees for translator/interpreters and transcription services will be
based on current contract rates at the time the services are rendered. All rates are
subject to change annually. Any training required of the ALJs by the Local Agency to
conduct these hearings will be paid out of the contract funds by the Local Agency at the
prevailing AU hourly rate. The Price Book is available at
httP:/A&ww.dgs.ca-gov/ofs/Resources/Pricebook/Pricebook A/AdminHear.aspx.
B. The OAH shall be paid not,more frequently than monthly, in arrears, upon submission of
an original invoice, which properly details all charges, expenses, direct and indirect
costs.
El.
EXHIBIT C
1 . APPROVAL: This Agreement is of no force or effect until signed by both parties.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding
or Agreement not incorporated In the Agreement is binding on any of the parties.
3. CANC ELLATI ON/TERM I NATION:
A. This agreement may be, cancelled or terminated without cause by either party by giving thirty
(30) calendar days advance written notice to the other party. Such notification shall state
the effective date of termination or cancellation and include any final performance and/or
payment/invoicing instructions/requirements.
B. Upon receipt of a notice of termination or cancellation from the Local Agency, OAH shall
take immediate steps to stop performance and to cancel or reduce subsequent contract
costs.
C. OAH shall be entitled to payment for all allowable costs authorized under this agreement,
including authorized non -cancelable obligations incurred up to the date of termination or
cancellation, provided such expenses do not exceed the stated maximum amounts payable.
5. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with
the laws of the State of California.
6. SETTLEMENT OF DISPUTES.- In the event of a dispute, the Local Agency shall file a
"Notice of Dispute" with the Director of OAH within ten (10) days of discovery of the problem.
Within ten (10) days, the Director of OAH shall meet with the Local Agency for purposes of
resolving the dispute. The decision of the Director of OAH shall be final.
Local Agency represents it is authorized to enter into this contract, as evidenced by the
attached authorizing resolution,, order, motion, or ordinance of the applicable governing body.
Title 1 - GENERAL PROVISIONS
Chapter 1.46 - ADMINISTRATIVE ORDERS
Sections:
1.46.010 - A
mlic
1.46.030 -..Notice and order.
1.46-040 - Method of servigg.
1.46-050 - Compliance with notigg and -grder.
1.46-060- - Noncompliance with notice and order—Hearing.
1.4-6,070 -Notice of hearing
1.46-080 - Hearino—Findinc
is, decislon and administrative order..
1.46-090 - Administrative order.
1.4-100 - XdministrAtive civil genalties.
1 .46.110 - Administrative costs.
1.46-120 - 5QgIemgn1aj hearing
decision and administrative order.
1.46-130 -Failures 01ure to comly with adminisIrgtive grider.
1.46-140 - Richt of iudLcial review.
1.4-6.150 - Becoyea of administrative civil genaltigs and administrative coats.
1.46.160 -,Code enforcement assessment lien—Tac collection.
1.46-010 - Applicability.
This chapter provides for administrative remedies, which are in addition to all other legal remedies,
criminal or civil, which may be pursued by the city to address any violation ot this code, including any
codes adopted by reference, or other public nuisance.
(Ord. 1706 § 7 (part), 1997).
1.46.030 - Notice and order.
A. Whenever a code enforcement official determines that a violation of this code, including any codes
adopted by reference, or any other public nuisance, is occurdng or exists, the official may issue a
written notice and order to the person or persons responsible for the code violation or other public
nuisance.
Ir" - A notice and order issued pursuant to this chapter shall contain the following information.*
1 - The date and location of the code violation or public nuisance,
2. A description of the violation or public nuisance, with reference to the applicable sections of
this code, and the sections of any code adopted by reference;
I The actions required to correct the violation or abate the public nuisance, and the date by
which compliance shall be achieved-,
4. A statement that if compliance is not achieved by the compliance date, that administrative
civil penalties and administrative costs, as well as the costs of actual abatement by the city, may
San Rafael, California, Code of Ordinances
Page 1 of 7
Tile I - GENERAL PROVISIONS
Chapter 1.46 - ADMINISTRATIVE ORDERS
be imposed on the responsible person, and collected judicially, or by special assessment or tax
collection, as provided in this chapter;
I-
5. Either a copy of this chapter, or an explanation of the consequences of noncompliance witn
this chapter and a description of the hearing procedure and appeal process;
6. Such other information As may be rouired by any' code -adopted by reference, where
applicable.
San Rafael, California, Code of Ordinances
Page 2 of 7
Title 1 - GENERAL PROVISIONS
Chapter 1.46 - ADMINISTRATIVE ORDERS
B. The hearing shall be set for a date not less than fifteen (15) days nor more than sixty (60) days
from the date of service of the notice of hearing unless the code enforcement official determines that
the matter is urgent or that good cause exists for an extension of time.
C. This hearing serves to provide the full opportunity of a person subject to a notice and order to
object to the determination that a code violation has occurred and/or that the violation has continued to
exist or that a public nuisance exists. If any person subject to a notice and order, pursuant to this
chapter, fails to appear at this hearing, such non-appearance shall constitute a failure to exhaust
administrative remedies.
1.46-080 - tearing --Findings, decision and administrative order.
A. At the place and time set forth in the notice of hearing, the administrative hearing officer shall
conduct a hearing concerning the code violation, and/or other public nuisance described in the notice
and order issued pursuant to Section 1.46-030
B. The administrative hearing officer shall consider any written or oral evidence, consistent with any
rules and procedures adopted by the city manager, regarding the violation and/or public nuisance
described in the notice and order; and compliance therewith, by the responsible person and/or by the
record property owner.
C. Within a reasonable time, but not more than thirty (30) days following the conclusion of the
hearing, the administrative hearing officer shall issue a written decision containing factual findings and
determinations referenced by supporting evidence, regarding:
1 - The existence of each code violation and/or public nuisance described in the notice and
order-,
2. The failure of the responsible person and/or record property owner to take corrective action
within the time period required in the notice and order.
D. If the administrative hearing off icer finds by a preponderance of the evidence that a code violation
and/or a public nuisance has occurred, and that the code violation and/or other public nuisance was not
corrected within the time period specified in the notice and order, the administrative hearing officer's
decision shall include an administrative order as specified in Section 1.46.090
E. The administrative hearing officer shall submit the decision to the city clerk, and serve a copy on
the record property owner or other responsible party as provided in Code of Civil Procedure Section
1094.6(b).
F. The administrative hearing officees decision shall include a notice to the record property owner or
other responsible party that the decision (and administrative order it applicable) is subject to judicial
review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.
1706 § 7 (part), 1997).
1.46-090 - Administrative order.
If the administrative hearing off icer determines that a code violation and/or other public nuisance
occurred which was not corrected within the time period specified in the notice and order, the
San Rafael, California, Code of Ordinances
Page 3 of 7
Title I - GENERAL PROVISIONS
Chapter 1.46 - ADMINISTRATIVE ORDERS
administrative hearing officer's decision shall include an administrative., order which shall contain any
yo
all of the following:
A. An order for the record property owner or other responsible person to correct or to abate thi
code violation and/or other public nuisance, includina'a compliance date for completion of same, i
compliance has riot been' achie ved by, the date of the hearing;
•lati
B. An order authorizing the code enforcement official to correct orto-abate'o dt c 6 vioon lation o
other public nuisance by use of city employees or a city contractor, and to enter -upon the privat�
property where su- ch violation or other public nuisance exists, for purpose's of correcting ani
abating same, if the record. property owner or other responsible person fails to do so by thi
compliance date;
C. Administrative civil penalties as provided i.n Section 1.46.100
D. Administrative costs as provi ded in Section, 1.46 .110
1.46.100 - Administrative civil penalties.
A. The administrative hearing officer may impose administrative civil penalties for the violation of any
provision of this code, or the existence of a public nuisance, in an amount not to exceed a maximum of
five hundred dollars ($500.00). per day for each ongoing code violation, or other public nuisance, except
that the total administrative penalty shall not exceed one, hundred thousand dollars ($100,,000.00),
exclusive of administrative costs, interest and restitution for compliance re -inspections, for any related
series of violations or conditions constituting a public nuisance.
B. In determining the amount of the administrative penalty, the administrative hearing officer Amay
take any or all of the following factors into consideration:
1 - The duration of the code violation and/or the public nuisance.,
2. The frequency, recurrence and number of code violations, and/or public nuisance condition!
related or unrelated, by the same record property owner or other responsible person;
3. The seriousnessof the violation;
4. The good faith efforts,of the record property owner or other responsible person to come inti
compliance;
5. The economic impact of the penalty on the record property owner or other responsibli
person;
6. The impact of the code violation on the community and/or general public,
7. Such other factors as justice may require.
C. Administrative civil penalties imposed by the administrative hearing officer shall accrue from th
4ate specified in the notice and order and shall cease to accrue on the date the violation and/or othe
11
public nuisance is corrected as determined by the code enforcement official or the administrativ
hearing off icer.
San Rafael, California, Code of Ordinances
Page 4 of 7
D. The administrative hearing off icer may suspend the imposition of applicable administrative chg
penalties for any period of time during which:
1 - The record property owner or other responsible person has filed for necessary permit -I
3. Such permit applications are actively pending before the city, state or other appropriate
governmental agency.
Tittle I - GENERAL PROVISIONS
Chapter 1.46 - ADMINISTRATIVE ORDERS
hearing with respect to a 'notice and order. The supplemental hearing 'date, not -ice of ' supplemental
hearing, supplemental hearing procedures, and the contents, submission and service of the
supplemental, decision, and administrative order shall- be consistent with the provisions of Sections
1.46.040, 1.46.060, 1.46.070,t 1.46.080, 1.46-090, 1.46.100 and 1.46.110.
S
1.46.130, - Failure to comply with administrative order.
Failure to pay the assessed administrative. civil penalties and administrative costs specified in the
administrative order of -the- hearing officer may be enforced as:
2. If the violation is in connection with real property, a code enforcement I assessment lien upon
the real property. The code enforcement assessme ien nt H shall remain in effect until all of the
administrative civil penalties, and administrative costs are paid in full.
(Ord. 1706 § 7 (part), 1997).
1.46.140 - Right ofJudiciat review.
Any decision and administrative order or supplemental decision and administrative order of an
il
administrative hearing officer shall -be subject to judicial review in the Marin County courts by filing with
the court a petition for writ of mandate pursuant to the provisions and time limits set in Section 1094.6
of the Code of Civil Procedure.
(Ord. 1706 § 7 (part), 1997).
1.46-150 - Recovery of administrative civil penalties and administrative costs.
The city may collect the assessed administrative civil penalties and administrative costs by use of all
available means, including by civil action in which the city may recover its reasonable attorneysfees as
provided in Section 1.42.020(D), and by recordation of a code enforcement assessment lien and tax
collection pursuant to Section 1.46.160.
(Ord... 1706 § 7 (part),- 1997).
1.46.160 -'Code enforcement assessment fien—Tax collection.
A. Whenever any administrative civil penalties ancl/or administrative costs imposed in an
administrative hearing Off I icer's decision and administrative order or supplemental decision and
administrative order have not been paid in full when due, and a timely writ of mandate has not been
filed or has been filed but not been successful, the amounts owing may constitute a code enforcement
assessment lien and special assessment against the real property on which the code violation or other
public nuisance occurred.
B. The city clerk may cause to be recorded in the county recorders office a notice of code
enforcement assessment lien against the subject real property. Such notice of code enforcement
assessment lien shall specify the amount of the lien, the name of the city of San Rafael on whose
behalf the lien is imposed, the street address, legal description, and assessor's parcel number of the
property on which the lien is imposed, the name and address of the record property owner, and the
San Rafael, California, Code of Ordinances
Page 6 of 7
Title I - GENERAL PROVISIONS
Chapter 1.46 - ADMINISTRATIVE ORDERS
date of the administrative hearing officers decision and administrative order to which the lien relates.
Upon recordation of such code enforcement assessment lien, it shall attach as a lien against such real
property, and shall have the same effect and priority as recordation of an abstract of judgment.
C. In addition to the foregoing, the city clerk may file a certified copy of the notice of code
enforcement assessment lien in the office of the county treasurer -tax collector, whereupon it shall be
the duty of the county treasurer -tax collector to add the unpaid amount as a special assessment to the
next regular tax bills levied against the property for municipal purposes. Thereafter the amounts shall
be collected at the same time and in the same manner as ordinary municipal taxes are collected, and
shall be subject to the same penalties and the same procedure under foreclosure and sale in case of
delinquency as provided for ordinary municipal taxes.
D. Upon receiving a report from the director of administrative services that payment in full has been
received by the city of the amount specified in the notice of code enforcement assessment lien, the city
clerk shall either record a notice of satisfaction of the code enforcement assessment lien with the
county recorder, and file a certified copy of same with the county treasurer -tax collector, or provide the
property owner or financial institution with a notice of satisfaction so that they may record it with the
office of county recorder and file it with the county treasurer -tax collector. Recordation of such notice of
satisfaction shall cancel the city's code enforcement lien and assessment against the property.
San Rafael, California, Code of Ordinances
Page 7 of 7
ment delivered, and contractual services performed to
determine their conformance with specifications set forth
in the invitation to bid, purchase order and/or contract.
The purchasing agent shall have authority to require
chemical and physical tests of samples submitted with
bids and samples of deliveries which are necessary to
determine their quality and conformance with specifica-
tions. (Ord. 1661 § I (part), 1994).
Chapter 2.60
PROFESSIONAL SERVICES AGREEMENTS
Sections:
2.60-010
Purpose.
2.60,020
Definition.
2.60.030
Encumbrance of funds.
2.60-040
Authority limits for professional
services agreements.
2.60.050
Contract requirements.
2.60.060
Contract form.
2.60.070
Competitive bidding not
required.
2.60.010 Purpose.
The purpose of this chapter is to establish authority
limits and procedures for professional services agree-
ments. This chapter shall not apply to public works con-
tracts (Chapter 11.50), or to contracts for the purchase of
services (Section 2.55.020P), supplies, materials or
equipment (Section 2.55.020(F)). (Ord. 1.707 § 1 (part),
1997).
2.60.020 Dermition.
"Professional services" means services of consultants
or individuals or organizations possessing a high degree
of technical skill,, such as, but not limited to, the services
of attorneys, Physicians, architects, engineers, and survey-
ors (see Section 2.55.020(8)). (Ord. 1707 § 1 (part),
1997).
2.60-030 Encumbrance of funds.
Except in cases s of emergency, no purchase order,
contract or agreement for ,professional services shall be
approved unless there exists an unencumbered, budgeted
appropriation in the fund account against which the
contract, purchase order or agreement is to be charged.
(Ord. 1707 § I (part), 1997).
2.60.040 Authority limits for professional
services agreements.
Subject to the conditions of Section 2.60.030, the city
manager shall have the authority to approve professional
services agreements in an amount not to exceed twenty
thousand dollars ($20,000.00). The city council shall ap-
prove all professional services agreements in excess of
twenty thousand dollars i1. (Ord. 1707 § 1
(part), 1997).
2.60.050 Contract requ4B uements.
The risk manager or the city attorney shall establish
C T
Y OF
MAYOR GARY O. PHILLIPS
VICE MAYOR BARBARA HELLER
COUNICIUVIEMBER KATE COLIN,
C'
OUNCILMEMBER DA.NioN, CONNOLLY
- - ----- --OiJIvCILMEVIBER ANDREW CUYU'GAN MCCULLOUG1 I
a
a
MY'
K,4
OFFICE OF THE CITY ATTOWNEY
Robert F. Epstein, City Attorney
Lisa A. Goldfien, Assistant City Attorney
Eric T. Davis, Deputy City Attorney 11
The Honorable Linda A. Cabatic
Director and Chief Administrative Law Judge
Office of Administrative Hearings
2349 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833
Re.- Agreement for Administrative Law Judge Services — City of San Rafael
Dear Judge Cabatic:
Enclosed is the signed Agreement for Administrative Law Judge Services which was provided to
us by Kay Stubbings of your office. The term of the Agreement is from July 1, 2013 through June 30,
2015, and includes a not to exceed amount of $20,000. After you have signed and dated the Agreement,
please return a copy of the fully executed Agreement to our office.
We understand that the OAH will provide an Administrative Law Judge from its Oakland office
to handle the City's code enforcement administrative hearings in our City Council chambers, upon the
City's faxing to the Oakland office (916-376-6318) a Local Agency Request to Set form available at the
OA H website at www.dt-rs.ca.gov/OAII.
This Agreement has been executed by Nancy Mackle, City Manager for the City of San Rafael,
who has authority to execute Professional Service Agreements in the amount of $20,000 or less, pursuant
to San Rafael Municipal Code Section 2.60.040, a copy of which is enclosed.
Sincerely,
LARAINE K. GITTENS
Legal Assistant I
Copy: Paul Jensen, Community Development Director (w/ Enclosure)
Raffii Boloyan, Planning Manager (-vv/ Enclosure)
Robert F. Epstein, City Attorney (w/Enclosure)
1400 Fifth Avenue (P.O. Box 1511560) San Rafael, CA 94915-1560
r�
t
PHONE: (4t5)4851-3080 / FAX- (4115)485-310 / 9 EMAIL* city_attorney(�cityofsanrafael-org,
STANDARD AGREEMENT AMENDMENT
Agreement Number
130053
Amendment Number
1 This Agreement is entered into between:
LOCAL AGENCY'S NAME
City of San Rafael
CONTRACTOR'S NAME
Department of General Services / Office of Administrative Hearings
2 The term of this
Agreement is: July 1, 2013 Through June 30, 2015
3. The maximum amount $40,000.00
of this Agreement after this Amendment is:
Folly Thousand Dollars and No Cents
4. The parties mutually agree to this amended as follows. All actions noted below are by this reference made a part of the
Agreement and incorporated herein:
This Agreement is hereby amended to increase the maximum payable from $ 20,000.00 to $401000.00.
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME
Office of Administrative Hearings
BY (Authorized Signature) DATE SIGNED(Do not tVe)
10_?e
PRINTED NAME AND TITLE OF PERSON SIGNING
Linda A. Cabatic, Director and Chief Administrative Law Judge
ADDRESS
2349 Gateway Oaks Drive, Suite 200, Sacramento, CA 95833
LOCAL AGENCY
LOCAL AGENCY NAME
-City of San Rafael
BY (AL.-thonzed Signature) DATE SIGNED(1)o nc-ki t -ye)
1 declare under penalty of perjury that I have full authority to execute this agreement on behalf of the Local Agency.
PRINTED NAME AND TITLE OF PERSON SIGNING
Nancy Mackle, City Manager, City of San Rafael
ADDRESS
1400 Fifth Avenue, P.O. B0x 151560, San Rafael, CA 94915-1560
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INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR !N BEFORE APPROVAL !
FROM: Eric T. Davis, eAttorney
DEPARTMENT: City Attorney
DATE: April 25, 2014
TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT WITH THE OFFICE OF ADMINISTRATIVE HEARINGS INCREASING THE NOT TO
EXCEED AMOUNT i $20,000 TO $40,000 TO PROVIDE♦ ' OFFICER SERVICES RELATED
TO NOTICE ♦ i ORDER HEARINGS CODE ENFORCEMENT MATTERS
Department Head (signature)
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(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY
AGENDA
3
Y
City Manager (signs re)