Joint Special Council/BFPD
06/3/24 06:00 PM
City Clerk / Records
Maribel Hernandez
Resolution
Doc ID: 5668
AGENDA ITEM
AGENDA MATTER:
ADOPTION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW AUTHORIZING
THE INTERIM CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR HEARING OFFICER SERVICES UNDER BARSTOW MUNICIPAL CODE CHAPTER 6.30 EXECUTIVE SUMMARY:
Staff recommends the Barstow City Council Adopt Resolution xxx-2024 authorizing the Interim City Manager to Enter Into a Professional Services Agreement for Hearing Officer Services Under Barstow Municipal Code Chapter 6.30.
DISCUSSION:
Chapter 6.30 of the Barstow Municipal Code provides each violation of a provision of the Barstow Municipal Code for which the penalty is an infraction or misdemeanor shall be subject to an administrative fine and penalty, in addition to and separate from any other remedy authorized by applicable law.
Appeals of administrative citations are allowed by any citation recipient. Under Barstow Municipal Code section 6.30.020, the hearing authority for administrative citation appeals is the code commission, if one exists, or if not, then the City Council. There is not currently a code commission.
Given the technical requirements per section 6.30.130 of the Barstow Municipal Code establishes procedures for hearings regarding administrative fines and penalties issued for violations of the Barstow Municipal Code and the nature of a contested code enforcement hearing, staff recommends the City Council exercise its inherent power to delegate its hearing officer selection role to the City Manager. If approved, the Interim City Manager would not sit as the hearing officer himself, but rather would enter into a professional services agreement with one or more hearing officers with professional expertise and capacity to hear administrative citation appeals. To ensure due process, the hearing officer would be appointed for a period of at least one year, per the Resolution’s sunset date. If more than one hearing officer is selected, then the hearing officers will hear appeals on a rotating basis. All hearings of administrative fine and penalty citations will be conducted per all requirements of applicable law and the Barstow Municipal Code, including Section 6.30.130.
FISCAL IMPACT:
Cost not to exceed City Manager singing authority.
100.110.120.06.630
RECOMMENDED ACTION:
To adopt Resolution xxx-2024 authorizing the Interim City Manager to Enter Into a Professional Services Agreement for Hearing Officer Services Under Barstow Municipal Code Chapter 6.30.