HomeMy WebLinkAboutCC Resolution 13715 (Hearing Officer Services)WHEREAS, the City Manager executed an Agreement with the California Department
of General Services/Office of Administrative Hearings, dated March 25, 2013, for hearing officer
services related to Notice and Order hearings in code enforcement matters under San Rafael
Municipal Code Chapter 1.46; and
WHEREAS, the not to exceed amount of $20,000 under the aforementioned agreement
has nearly been exceeded, and City staff desire to increase the not to exceed amount to $40,000
for the remainder of the term of the Agreement ending on June 30, 2015.
RESOLVES that it approves and authorizes the City Manager to execute, on behalf of the City
of San Rafael, the Amendment to the Agreement with the Office of Administrative Services, in
the form on file with the City Clerk and attached to the accompanying Staff Deport, to increase
the not to exceed amount under the Agreement from $20,000 to $40,000 to provide hearing
officer services related to ]`Notice and Order hearings in code enforcement matters.
1, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City held on Monday, the 5`a' day of May, 2014 by the following vote, to wit:
AYES: COU'NCIL,MEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips
NOES: COIJrNCIL.MEMBERS: None
ABSENT: COUNCII-MEMBERS: None
ESTHER C. BEIR E, City Clerk
May 9, 2014
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 / (916) 263-0890 fax
www oah.dgs.ca.gov
Laraine Gittens
City Attorney's Office
City of San Rafael
P.O. Moya 151560
San Rafael, CA 94915-1560
RE: Local Agency Agreement — Cite of San Rafael
Dear Ms. Gittens:
State of California
Department of General Services
Enclosed is a copy of the hilly 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 Bearings for any hearing services you
require.
Sincerely,
Tim Dean
Staff Services Analyst
Office of Administrative Hearings
Enclosure
Local Agency Agreement
Los Angeles
320 West Fourth Street,
Suite 630
Los Angeles, CA 90013
(213)576-7200
Fax (2131,576-7244
Regional Offices
Oakland
1515 Clay Street, Suite 206
Oakiand, CA 94612
(510) 622-2722
Fax (510) 622-2743
San Diego
1350 Front Street,
Suite 3005
San Diego, CA 92101
(619) 525-4475
Fax (619) 525-4419
Tian Nuys
15350 Sherman Way
Suite 300
Van Nuys, CA 91406
(818)904-2383
Fax (818) 904-2360
STANDARD AGREEMENT AMENDMENT Agreement Number Amendment Number
We [1W.A.1
1. This Agreement is entered into between:
LOCAL AGENCY'S NAME
City of San Rafael
CONTRACTORS 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 $40,000.00
of this Agreement after this Amendment is:
Forty Thousand Dollars and No Cents
4. The parties mutually agree to this amended as follows. All actions noted below are by this reference made a part of the
Agreement and incorporated herein:
This Agreement is hereby amended to increase the maximum payable from$ 20,000.00 to $40,000.00
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR'S NAME
Office of Administrativp Hearings
BY (Author 'Signatur DATE SIAED1 oin,m)
J74—
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 'Authorzed Siqnatur6) DATE SIGNED(Ikonw r�pe:
�tl4"
I 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
so 1al
11 111 1111
ill KMF�IMW
STANDARD AGREEMENT
AGREEMENT NUMBER
i3GC53
1. This Agreement is entered into between:
LOCAL AGENCYS 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 to June 30, 2015
3. The maximum amount $ 20,000.00
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 1 pages
Exhibit C — General Terms and Conditions 1 pages
Exhibit D — Special Terms and Conditions 1 pages
Exhibit E — Additional Provisions 0 pages
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
�+ r
m..
CONTRACTOR'S NAME
Office of Administrative Hearings
BY (AuthoPME
ignature) .. I �TE $ ED(Un�`
PRINTEDANDTITLE OF PERSON SIGNING 5
Linda A. Cabatic, Director and Chief Administrative Law Judge
ADDRESS
2349 Gateway Oaks Drive, Suite 200, Sacramento, CA 95833
LOCAL AGENCY NAME
City of Rafael
BY {Authonzed Sgnature) DATE SIGNED/Ma I rypa}
�/ 3
PRINTED NAME AND TITLE OF VERSON SIGNING
Nancy Mackle, City Manager
ADDRESS
P.O. Box 151560, San Rafael, CA 94915-1560
EXHIBIT A
SCOPE OF WORK
1. 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 AI -Js for hearings will be at the discretion of the
Director and/or Presiding Administrative Law Judges, who may elect to hear the matter
themselves.
The Local Agency agrees to provide OAH a written request for hearing with all pleadings,
documents, papers, or other materials that have been provided to the other party. The
Local Agency agrees to provide copies of all applicable laws and ordinances governing the
hearing to the OAH. The Local Agency agrees that OAH will not be able to schedule a
hearing or mediation until the materials are provided.
The Local Agency agrees to inform OAH if the hearing is to be recorded or if a court reporter
is required. The Local Agency agrees to inform OAH 30 days prior the hearing if any
accommodations or interpreters are required.
In consideration of the performance of such services by OAH, the Local Agency agrees to
pay to OAH the cost of rendering such services at the rate established at the time the
services are rendered. In the event a calendared case is taken off calendar, or needs to be
re-calendared, other than by the OAH, and the OAH is unable to schedule the ALJ for
another case, the Local Agency agrees to pay OAH for the original hearing time or until the
ALJ is assigned to another case, whichever occurs first. Every effort will be made to
promptly reassign the scheduled ALJ in the event a calendared matter is cancelled, taken
off calendar, settled, re-calendared or continued.
The costs of OAH's services include filing fees, Administrative Law Judge hourly rates, any
reasonable costs related to any requested accommodations, 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. ALJ 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_
The Local Agency further agrees to be responsible for the full costs of any service provided
by OAH regardless of any agreement the Local Agency may have with a third party.
The term of this contract may be extended by amendment. The contract is effective upon
approval and execution of all signatures to this contract.
2. The services shall be performed at a location convenient for all parties.
3. The project representatives during the term of this agreement will be:
Office of Administrative Hearings Local Agency: City of San Rafael
Name: Cheryl Hill Name: Laraine Gittens, Legal Assistant
Phone: 916-263-0550 Phone: 415-485-3080
Fax: 916-263-0545 Fax: 415-485-3109
Email: Chervl.Hill(ZDdas.ca-aov Email: citv.attornev(cDcitvofsanrafael.orq
Direct all inquiries to:
Office of Administrative Heanno Local Agency: City of San Rafael
Section/Unit: City Attorney's Office
Attention: Kay Stubbincis Attention: Laraine Gittens, Legal Assistant
Address: 2349 Gateway Oaks Dr", Suite 200 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 ofsanrafael.o
Email: c
Email: Kav StubbinQs(Mdas-ca.00v attomey@cJJt rq—j
-tv
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 vk(Ill transmit the
complete record to the Local Agency unless the Local Agency directs otherwise. Decisions I
Proposed Decisions and closed case files shall be directed to:
Local Agency- City of San Rafael
Section/Unit: City Clerk's Office
Attention: Esther Beirne, City Clerk
Address: P.O. Box 151560, San Rafael, CA
94915-1560
Phone: 415A85-3065
Fax: 415A85-3133
Email: city.clerk2@cityofsanrafael.orq-
3
EXHIBIT B
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. ALJ 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 ALJ hourly rate. The Price Book is available at
http:/twww.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.
4
EXHIBIT C
GENERAL TERMS AND CONDITIONS
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. CANCELLATIONITERMINATION:
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.
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. The 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
Chapter 1.46 - ADMINISTRATIVE ORDERS
Sections:
1.46.010 - Analicabitity.
1.46.030 - Notice and order.
1.46.040 - Method of service.
1.46.050 - Comoliance with notice and order.
1.46.060 - Noncompliance with notice a_ nd order—Hearin.
1.46.070 - Notice of hearing.
1.46.080 - Hearing—Findinas. decision and administrative order.
1.46.090 - Administrative order.
1.46.100 - Administrative civil penalties.
1.46.110 - Administrative costs.
1.46.120 - Sunclemental hearing. decision and administrative order -
11.46. 130
rder.1.46.130 - Failure to comply with administrative order.
1.46.140 - Riaht of iudicial review.
1.46.150 - Recovery of administrative civil penalties and administrative costs.
1.46.160 - Code enforcement assessment lien—Tax 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 of 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 occurring 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.
B. A notice and order issued pursuant to this chapter shall contain the following information:
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;
3. 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
Title 1 - 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;
5. Either a copy of this chapter, or an explanation of the consequences of noncompliance with
this chapter and a description of the hearing procedure and appeal process;
6. Such other information as may be required by any code adopted by reference, where
applicable.
(Ord. 1706 § 7 (part), 1997).
1.46.040 - Method of service.
A_ The notice and order and any other notices required by this chapter shall be served as provided in
Section 1.08.060 of this code, and the requirements of any codes adopted by reference, where
applicable.
B. Where real property is involved, the notice and order and all other notices required by this code
shall be mailed to the record owner of the property at the address as shown on the last equalized
county assessment roll, and also shall be conspicuously posted at the property which is the subject of
the notice and order.
C. The failure of any person to receive any notice required under this chapter shall not affect the
validity of any proceedings taken under this chapter.
(Ord. 1706 § 7 (part), 1997).
1.46.050 - Compliance with notice and order.
If the code enforcement official determines that alt violations have been corrected or the public
nuisance eliminated within the time specified in the notice and order, no further action shall be taken.
(Ord. 1706 § 7 (part), 1997).
1.46.060 - Noncompliance with notice and order—Rearing.
A. If the code enforcement official determines that full compliance has not been achieved by the
compliance date specified in the notice and order, the official may schedule a hearing before an
administrative hearing officer.
B. A written notice of hearing shall be served on the responsible person and, where real property is
involved, on the record property owner, as provided in Section 1.46.040
(Ord. 1706 § 7 (part), 1997).
1.46.070 - Notice of hearing.
A. Every notice of hearing on a notice and order shall contain the date, time, and place at which the
hearing shall be conducted by the administrative hearing officer. The notice of hearing shall state that
the purpose of the hearing will be determination on the existence of the code violations or other public
nuisance described in the notice and order, on the compliance with the notice and order, and on the
adoption of an administrative order, including imposition of civil penalties and administrative costs
pursuant to this chapter. The notice and order shall be attached to the notice of hearing.
San Rafael, California, Code of Ordinances
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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.
(Ord. 1706 § 7 (part), 1997).
1.46.080 - Nearing—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;
Z. 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 officer 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 officer's decision shall include a notice to the record property owner or
other responsible party that the decision (and administrative order if applicable) is subject to judicial
review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.
(Ord. 1706 § 7 (part), 1997).
1.48.090 - Administrative order.
If the administrative hearing officer determines that a code violation andior 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
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Title 1 - GENERAL PROVISIONS
Chapter 1.46 - ADMINISTRATIVE ORDERS
administrative hearing officer's decision shall include an administrative order which shall contain any or
all of the following:
A. An order for the record property owner or other responsible person to correct or to abate the
code violation and/or other public nuisance, including a compliance date for completion of same, if
compliance has not been achieved by the date of the hearing;
B. An order authorizing the code enforcement official to correct or to abate the code violation or
other public nuisance by use of city employees or a city contractor, and to enter upon the private
property where such violation or other public nuisance exists, for purposes of correcting and
abating same, if the record property owner or other responsible person fails to do so by the
compliance date;
C. Administrative civil penalties as provided in Section 1.46.100
D. Administrative costs as provided in Section 1.46.110
(Ord. 1706 § 7 (part), 1997).
1.46.104 - 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 may
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 conditions
related or unrelated, by the same record property owner or other responsible person;
3. The seriousness of the violation;
4. The good faith efforts of the record property owner or other responsible person to come into
compliance;
5. The economic impact of the penalty on the record property owner or other responsible
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 the
date specified in the notice and order and shall cease to accrue on the date the violation and/or other
public nuisance is corrected as determined by the code enforcement official or the administrative
hearing officer.
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Tide 1 - GENERAL PROVISIONS
Chapter 1.46 - ADMINISTRATIVE ORDERS
D. The administrative hearing officer may suspend the imposition of applicable administrative civil
penalties for any period of time during which:
The record property owner or other responsible person has filed for necessary permits;
2. Such permits are required to achieve compliance;
3. Such permit applications are actively pending before the city, state or other appropriate
governmental agency.
E. Administrative civil penalties assessed by the administrative hearing officer shall be due by the
date specified in the administrative order, which shall be no later than ninety (90) days from the date of
such administrative order.
F. Administrative civil penalties assessed by the administrative hearing officer are a debt owed to the
city and, in addition to all other means of enforcement, if the code violation and/or other public nuisance
is located on real property, may be enforced by means of a lien against the real property on which the
violation occurred.
G. If the code violation or other public nuisance is not corrected as specified in the administrative
hearing officer's administrative order, administrative penalties shall continue to accrue on a daily basis
until the violation and/or other public nuisance is corrected, subject to the maximum amount set forth in
subsection A of this section.
(Ord. 1706 § 7 (part), 1997).
1.46.110 - Administrative costs.
A. The administrative hearing officer shall assess administrative costs against the record property
owner or other responsible person when such officer finds that a violation and/or public nuisance has
occurred and that compliance has not been achieved by the compliance date specified in the notice
and order.
B. The administrative costs may include any and all costs incurred by the city in connection with the
matter before the administrative hearing officer including, but not limited to, the costs for the
administrative hearing officer's services, costs of investigation, staffing costs incurred in preparation for
the hearing and for the hearing itself, costs for all re -inspections necessary to enforce the notice and
order, and the costs of actual abatement if undertaken by the city.
C. Administrative costs assessed by the administrative hearing officer shall be due by the date
specified in the administrative order, which shall be no later than ninety (90) days from the date of such
administrative order.
(Ord. 1706 § 7 (part), 1997).
1.46.120 - Supplemental hearing, decision and administrative order.
Following issuance of an administrative hearing officers decision and administrative order, the code
enforcement official may schedule a supplemental hearing before the same or another administrative
hearing officer for the purpose of obtaining a supplemental decision and administrative order, which
may include the confirmation or imposition of administrative civil penalties or administrative costs
applicable to continuation of the code violation or public nuisance following the date of the original
San Rafael, Califomia, Code of Ordinances
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Title 1 - GENERAL PROVISIONS
Chapter 1.46 - ADMINISTRATIVE ORDERS
hearing with respect to a notice and order. The supplemental hearing date, notice 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, 1.46.080, 1.46.090, 1.46.100 and 1.46.110.
(Ord. 1706 § 7 (part), 1997).
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:
A personal obligation of the violator; and/or
2. If the violation is in connection with real property, a code enforcement assessment lien upon
the real property. The code enforcement assessment lien 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 of judicial review.
Any decision and administrative order or supplemental decision and administrative order of an
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 attorneys' fees 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 - Cade enforcement assessment lien.—Tax collection.
A. Whenever any administrative civil penalties and/or administrative costs imposed in an
administrative hearing officer'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 recorder's 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
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Tilde I - GENERAL PROVISIONS
Chapter 1.46 - ADMINISTRATIVE ORDERS
date of the administrative hearing officer's 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.
(Ord. 1706 § 7 (part), 1997).
Page 7 of 7 San Rafael, California, Code of Ordinances
meet 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 § 1 (part), 1994).
2.55.270
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 2.55.020(E)), supplies, materials or
equipment (Section 2.55.0200). (Ord. 1707 § 1 (part),
1997).
54-1
2.60.020 Definition.
"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(B)). (Ord. 1707 § 1 (part),
1997).
2.60.030 Encumbrance of funds.
Except in cases 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 ($20,000.00). (Ord. 1707 § 1
(part), 1997).
2.60.050 Contract requirements.
The risk manager or the city attorney shall establish
(San Rafael 9-97)
CITY OF
MAYOR GARY C). PHILLIPS
"ICE' 13ARA,�Ra H.:LLBR
•, COUNCILMEMAER KA I E COLD,
COUNCiLMEMBER D.?LION CONNOLLY
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�OUNCILME�MBFR ANDRE'°b'CI'Yl.`G AN VICCL LLOUG't(
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61
OFFICE
�,,, �iu�i,i d4lLri. (Mu ilmur i, .in iirw,l° ur
OFFICE OF THE CITY ATTOR.'YEY
Robert F. Epstein, City Attorney
Lisa A Guldfien, Assistant City Attorney
Eric T. Davis, Deputy City Attorney It
March 21, 2013
The Honorable Linda A. Cabatie
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 i, 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
OAR website at ww".dw,s.ca.goN OAII.
This Agreement has been executed by Nancy Mackie, 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.
Thank you for your cooperation and assistance.
Sincerely,
LARAINE K. GITTENS
Legal Assistant I
Enclosures
Copy: Paul Jensen, Community Development Director (w,' Enclosure)
Raf5 Boloyan, Planning Manager (w' Enclosure)
Rober. F. Epstein, City Attorney (w,' Enclosure)
140C'' FitT'.a A? en e (P O Box ! 5i SaU� San Rat"el, t A 560
YHONt:: (115)485-300 , FAX. 0l11,4R5 !:9 EM:1ii.: city -attorney i.cat,o:sanrafaeiorg
STANDARD AGREEMENT AMENDMENT
Agreement Number
130053
1. This Agreement is entered into between:
LOCAL AGENCY'S NAME
City of San Rafael
CONTRACTOR'S NAME
Department of General Services 1 Office of Administrative Hearings
2 The term of this
Agreement is: July 1, 2013 Through
3. The maximum amount $40,000.00
of this Agreement after this Amendment is:
Amendment Number
130053A
June 30, 2015
Forty 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 $40,000.00.
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 iAuthorued Signature) I DATE SIGNED,i) nr,r Lipo
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
DATE S)GNLDa, r-
C i J a
I declare under penalty of perjury that I have full authority to execute this agreement on behalf of the Local Agency.
PR',NTED NAMEAND 7ffLE -F PERSON SIGMNG
Nancy Mackie, City Manager, City of San Rafael
AD TRESS
1400 Fifth Avenue, P.O. Box 151560, San Rafael, CA 94915-1560
CITY OF SAN RAFAEL
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRSA / SRCC AGENDA ITEM NO. 4.a
DATE OF MEETING: May 5, 2014
FROM: Eric T. Davis, Deputy City Attorney II
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 FROM $20,000 TO $40,000 TO PROVIDE HEARING OFFICER SERVICES RELATED
TO NOTICE AND ORDER HEARINGS IN CODE ENFORCEMENT MATTERS
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Department Head (signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY
AGENDA ITEM:
City Manager (signa�e)
NOT APPROVED
REMARKS:
APPROVED AS TO FORM:
City Attorney (signature)