City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01960 1/28/2025 Consent Item 14.
Re-Appointment of Hearing Examiners for Code Compliance Hearings File ID: 2024-01960
Location: Citywide
Recommendation: Adopt a Resolution appointing Dana Winterrowd and Jeff Townsend as Hearing Examiners to hear proceedings related to tenant and landlord petitions and administrative appeals in Title 5 of the City Code for a two-year term effective January 31, 2025.
Contact: Shawn Bartosh, Code Enforcement Manager, (916) 808-8673, [email protected]; Peter Lemos, Code and Housing Enforcement Chief, (916) 808- 8183, [email protected]; Community Development Department Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
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 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, hearing examiners may also hear administrative appeals relating to Title 5 of the
File ID: 2024-01960 1/28/2025 Consent Item 14.
Sacramento City Code. Pursuant to City Code section 1.24.050, administrative 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, 2023.
Jeff Townsend and Dana Winterrowd’s term expired December 31, 2024, and staff is recommending their reappointment.
Policy Considerations: None.
Economic Impacts: Not applicable.
Environmental Considerations: Not applicable
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Hearing examiners are necessary to ensure due process for 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 code compliance hearings is $100 per hour. This rate applies to review of the hearing packet, the hearing length, and the time to review the evidence and prepare the decision. Hearing costs are partially offset by
File ID: 2024-01960 1/28/2025 Consent Item 14.
hearing appeal fees. There are sufficient resources in the Fiscal Year 2024/25 Community Development Department Operating budget to fund the hearing costs.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2025-
Adopted by the Sacramento City Council
________, 2025
Designation of Hearing Examiner for Appeals of the
City’s Tenant Protection Program and Title 5 Administrative Appeals
BACKGROUND
A. Article II of Chapter 1.24 sets forth the process and procedure for appointment of hearing examiners and appeals of decisions when the City Council, in its sole discretion, determines that a hearing on the subject of the appeal may involve a lengthy fact-finding process which could be more appropriately accommodated by a formal hearing before a Hearing Examiner.
B. Section 1.24.060 authorizes the City Council, by resolution, to delineate categories of appeal which routinely involve a lengthy fact-finding process, and to instruct the City Clerk to schedule such appeal hearings before a hearing examiner without further action of the City Council.
C. Chapter 5.156 requires a Hearing Examiner to conduct hearings on petitions for fair rate of return adjustments and review of tenant eviction protections.
D. Following a Request for Proposal process in 2020, Dana Winterrowd and Jeff Townsend were appointed as hearing examiners to conduct hearings related to the City’s Tenant Protection Program and to hear administrative appeals.
E. Due to Mr. Winterrowd’s and Mr. Townsend’s experience and qualifications, staff is recommending that the City Council continue their appointment and reappoint Mr. Winterrowd and Mr. Townsend to hear petitions related to the City’s Tenant Protection Program and to hear administrative appeals under Title 5 of the Sacramento City Code.
BASED ON THE FACTS SET FORTH ABOVE, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Council finds that hearings on appeals of the City’s Title 5 rules and regulations will involve lengthy fact-finding processes which would be more appropriately accommodated by a formal hearing before a hearing examiner.
Section 2. The City Clerk shall schedule appeal hearings for all appeals filed pursuant to the above before a hearing examiner.
Section 3. Dana Winterrowd, Esq. is designated as a Hearing Examiner for appeals filed pursuant to Title 5 and petitions filed pursuant to chapter 5.156 for a two-year term commencing on January 31, 2025.
Section 4. Jeff Townsend, Esq. is designated as a Hearing Examiner for appeals filed pursuant to Title 5 and petitions filed pursuant to chapter 5.156 for a two-year term commencing on January 31, 2025.
Adopted by the City of Sacramento City Council on _______, 2025, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Attest:
_____________________________________
Mindy Cuppy, City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Sacramento City Council.