HomeMy WebLinkAboutSR - C28070 - Hearing ExaminerXE
CITY OF PALM DESERT
Department of Community Development
STAFF REPORT
REQUEST: Ratify the City Manager's Approval of a Hearing Examiner Contract
to Conduct Administrative Review Hearings for Contested Non-
moving Parking Citations in Accordance with the Enacted
Requirements of California State Assembly Bill No. 408 and Animal
Control Hearings within the Jurisdiction of the City of Palm Desert.
SUBMITTED BY: Hart H. Ponder, Jr., Code Compliance Manager
DATE: September 25, 2008
CONTENTS: Exhibit A. Resignation letter of Mr. Dale A. Equitz
Exhibit B. Bid Proposal from Mr. Rick E. Lebel
Exhibit C. Contract No. C27680 — Hearing Examiner
Recommendation:
By Minute Motion:
Ratify the City Manager's approval of a hearing examiner contract with Mr.
Rick E. Lebel to conduct administrative review hearings for contested non-
moving parking citations and conduct animal control hearings within the
jurisdiction of the City of Palm Desert for the amount of $25.00 per each
contested case.
Discussion:
On July 8, 2008, Mr. Dale A. Equitz tendered his resignation as Hearing
Examiner for parking citation disputes and animal control hearings (Exhibit
A). With sadness and regret, staff accepted Mr. Equitz's resignation,
thanking him for his thirteen years of dedicated service as a Hearing
Examiner for our community.
On July 11, 2008, the City Clerk published a notice inviting proposals for a
Hearing Examiner. The invitation was closed August 11, 2008, with a total
of three sealed bids submitted.
After consideration of all bids submitted, staff recommended acceptance
of Mr. Rick Lebel's bid for Hearing Examiner (Exhibit B). Mr. Lebel will
Staff Report
Hearing Examiner Contract
Page 2
September 25, 2008
make himself available each month to hear parking disputes as needed,
and to conduct hearings related to animal control issues. Mr. Lebel will
charge $25.00 for each contested case that he conducts. This amount
includes any reports, documentation, recommendations and invoicing that
is required to final a case. The City Attorney has determined that no
conflict of interest exists while Mr. Lebel also serves as a Public Safety
Commissioner.
Staff is confident that Mr. Lebel's background in community service will
assure a fair and balanced approach to hearing parking disputes and
animal control issues as they arise. The Code Compliance Manager will
work closely with Mr. Lebel to assure all procedures and processes are
followed in a timely manner.
On August 21, 2008, the City Manager executed Contract No. C27680,
authorizing Mr. Lebel to assume the function of Hearing Examiner with the
City of Palm Desert. This contract will remain in effect until either party
moves for termination of contract. Approval of the staff recommendation
will ratify thg..C.r Manager's action.
itt- • B
Hart H. Ponder, Jr.
Code Compliance Manager
A
Approva
Homer Croy
ACM for Development Services
Approval:
Carlos L. Ortega
City Manager
Lauri Aylaian
Director of Community Development
CITY COUNCIL,ACTION:
APPROVED ✓ DENIED
fRECEIVED OTHER
islEETINQ DATE 61- -`-1 -%?+P
AYES:
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ABSENT: /P rqui5 Lr 9 c p(Pge
ABSTAIN: /JII1e--
VERIFIED BY:
Original on File with) City Clerk's OffirE
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