REPORT TO THE CITY COUNCIL
August 21, 2014
FROM: DOUGLAS T. SLOAN, City Attorney
City Attorney's Office
BY: MARY RATERMAN-DOIDGE, Deputy
City Attorney's Office
SUBJECT
Title
*BILL NO. B-33 (Intro. 7/31/2014) (For adoption) - Amend Sections 1-405, 1-407, 1-408, and 1-409 of the Fresno Municipal Code relating to the Administrative Hearing procedure
Body
RECOMMENDATION
It is recommended the City Council approve the attached ordinance amending sections 1-405, 1-407, 1-408, and 1-409 of the Fresno Municipal Code relating to the Administrative Hearing procedure.
EXECUTIVE SUMMARY
The attached ordinance amends the Fresno Municipal Code by changing certain requirements of the Administrative Hearing Officer and the Administrative Hearing Procedure to allow for better scheduled administrative hearings to take place in a more orderly manner.
BACKGROUND
This ordinance streamlines the City's administrative hearing process. Enacting the proposed changes will allow the effective and efficient use of City resources while ensuring a timely resolution of appealed issues based upon the following changes:
• Employment contracts for the Administrative Hearing Officer shall be for one year and compensation may be on an hourly or flat rate basis;
• Appeal hearings shall be scheduled for specific dates and times based upon the parties' reasonable estimates for presenting their case;
• Hearings shall not be continued unless good cause is shown;
• The hearing officer shall conduct each hearing in an orderly manner taking into consideration more formalized rules of evidence; and
• The hearing officer may not increase or decrease any citations imposed against parties as set forth in the master fee schedule.
ENVIRONMENTAL FINDINGS
This is not a "project" for the purposes of CEQA pursuant to CEQA Guidelines, section 15378(b)(5), as it is an administrative activity that will not result in direct or indirect physical changes to the environment.
LOCAL PREFERENCE
Local preference was not considered because this ordinance amendment does not include a bid or award of a construction or services contract.
FISCAL IMPACT
There will be no significant fiscal impact from this proposed amendment to the Fresno Municipal Code because the changes only impact the Administrative Hearing Officer Requirements and Administrative Hearing procedures to allow for hearings to be conducted orderly and efficiently.
Attachment: Ordinance