City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-02099 12/13/2022 Consent Item 8.
Appointment of Hearing Examiner for Administrative Appeals File ID: 2022-02099
Location: Citywide
Recommendation: Pass a Motion pursuant to Sacramento City Code section 1.24.050 re- appointing Jeff Townsend and Dana Winterrowd as hearing examiners to hear proceedings related to tenant and landlord petitions and administrative appeals under the ordinances in Titles 5, 8, 9, 12, 13 and 17 of the City Code for a two-year term commencing on January 1, 2023.
Contact: Jose Mendez, Code Enforcement Manager, (916) 808-5947, [email protected], Peter Lemos, Code and Housing Enforcement Chief, (916) 808- 8183, [email protected], Community Development Department Presenter: None
Attachments:
1-Description/Analysis
Description/Analysis
Issue Detail: The Tenant Protection Program (TPP) conducts tenant and landlord petitions relating to application of Chapter 5.156 including rent increases requested beyond the allowed amount, alleged unlawful evictions, and evaluations regarding a fair rate of return. A qualified tenant aggrieved by a violation of the Tenant Protection Ordinance such as a termination of a rental housing agreement can request a hearing by a hearing examiner to seek an independent review of the landlord’s actions.
Hearing examiners also have jurisdiction to hear and decide Landlord Fair Rate of Return and Tenant Pre-Eviction Petitions. Hearing examiners are appointed by the City Council and their authority is established by the Ordinance. Hearing Examiner decisions are final, and the only recourse is to seek a writ of mandate from the Superior Court. Hearing examiners are authorized to interpret procedures relating to the Sacramento City Code and determine the proper application for hearings within the examiner’s jurisdiction. Hearing examiners may refer to the California Code of Civil Procedure and Civil Procedures of Court for guidance.
In addition to the TPP petitions and hearings, the hearing examiners may also hear administrative
File ID: 2022-02099 12/13/2022 Consent Item 8.
appeals relating to various chapters of the Sacramento City Code under City Code section 1.24.050.
Administrative penalty appeals can be heard by a hearing examiner appointed by the City Council.
These appeals would otherwise be heard by the City Council.
For code violations resulting in an administrative penalty, the hearing examiner can affirm the administrative penalty amount, reduce the penalty to a lower amount, or find that imposition of the penalty is not warranted. The hearing examiner’s decision is based on the evidence presented, the costs of the correction, and the appellant’s financial situation. The hearing examiner has the discretion to impose a lower, but not a higher penalty amount. In making the decision, the hearing examiner considers evidence presented by all witnesses regarding the seriousness of the violation, the responsible party’s efforts to correct the violation, the impact on the neighborhood, any instances in which the responsible party has been in violation of the same or similar code provisions in the previous three years, and the amount of city staff time which was expended investigating and addressing the violation.
Due to the legal complexities posed at TPP hearings and administrative penalty appeal hearings, a California licensed attorney is needed to serve as the impartial magistrate. Following a Request for Proposal process in 2020, Jeff Townsend and Dana Winterrowd, both experienced attorneys, were appointed as hearing examiners for a two-year term effective as of January 1, 2021.
Jeff Townsend and Dana Winterrowd’s term expires December 31, 2022, and staff is recommending their reappointment. While the proposed reappointment would allow Mr. Townsend and Mr.
Winterrowd to hear other relevant matters under the city code, staff intends to primarily utilize both to hear TPP appeals.
Once appointed, hearing examiners cannot be removed during their term unless they fail to meet the requirements of a hearing examiner such as not properly administering the hearing, failing to issue decisions that are based on the facts disclosed at the hearing, or if they are unable to continue serving due to scheduling conflicts, health conditions, or similar reasons. Staff is recommending appointment of these hearing examiners to a two-year term. Hearing examiners could apply to be reappointed at the end of their term.
Policy Considerations: None
Economic Impacts: None
Environmental Considerations: Not applicable.
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Hearing examiners are necessary to ensure due process for hearings and appeals of administrative penalties. They are non-city employees who conduct hearings and issue opinions based on findings of fact. Staff is recommending reappointment of Jeff Townsend and Dana Winterrowd as hearing examiners.
Financial Considerations: The rate for hearing examiners for administrative appeal hearings is $150 per hour. This rate applies to review of the hearing packet, the hearing length, and the time to
File ID: 2022-02099 12/13/2022 Consent Item 8.
review the evidence and prepare the decision. Hearing costs are partially offset by hearing appeal fees.
Local Business Enterprise (LBE): Not applicable.