Note: Prior ordinance history: Ords. 89-14, 90-14 and
95-1.
Except as provided in Article VI of Chapter 2.20, or any other appeals process which has been adopted and not repealed by the city, an appeal from the decision of a board, commission, agency, department or other city body shall conform to the provisions of this chapter.
(Ord. 04-14 § 2)
Unless otherwise required by statute or ordinance, an appeal
from an action of a board, commission, agency, department or other
city body must be appealed within fifteen days of the date of the
notice of the decision to the appellant. The filing fee for appeals
will be set by resolution of the city council.
(Ord. 04-14 § 2)
A.
An appeal
shall be initiated by written application filed with the city clerk
within the time required. The application shall set forth specific
facts in sufficient detail to notify interested parties, including
the city, of the nature of the appeal, and to place all interested
parties on notice as to how the proposed action may affect their interests
so that they may formulate their defense or opposition without being
subject to surprise. The application shall contain the name and address
of the applicant and, to the extent known by the applicant, the names
and addresses of all interested parties.
B.
An order,
rule, regulation or action adopted or enforced by any of the city
boards or commission may be appealed to the city council by action
of the mayor or any city councilmember when he or she considers the
matter of sufficient general public interest to warrant city council
review. The mayor or councilmember desiring such review shall file
an appeal with the city clerk pursuant to the procedures set forth
above. No filing fee will be required for any such appeal. The mayor
or councilmember calling for the appeal is not precluded from participating
in the appeal review simply because he or she appealed the matter.
(Ord. 04-14 § 2)
Within seven days of the time the application for appeal if
filed with the city clerk, the clerk shall inform the applicant if
the application is not timely or is insufficient. If it is timely
but not sufficient, the applicant shall have five days from the date
of the city clerk's notice to refile a sufficient application or shall
have waived the right to appeal.
(Ord. 04-14 § 2)
A.
Within
ten days after the filing of a valid application, the city clerk or
designee shall set a subsequent date for a hearing thereon. In most
situations the hearing will be no later than forty-five days after
the filing of a valid application. Notice of the time and place of
the hearing shall be given to the applicant and all other known interested
parties and shall state which city body or officer will hear the applicant's
appeal. The notice shall be mailed at least five days before the hearing
date.
B.
Where
a party, after notice has been given, fails to appear, a hearing may
proceed in the absence of the party and the city body or officer hearing
the appeal may decide the matter.
(Ord. 04-14 § 2)
A.
Hearings
pursuant to this chapter shall be informal. The formal rules of evidence
and discovery shall not apply. All necessary parties shall be offered
a reasonable opportunity to present all relevant facts, applicable
laws evidence and analysis demonstrating the merits of their claim
or appeal. The parties will be given opportunity to present such facts,
laws, evidence and analysis in a deliberate, regular and orderly manner.
The city council shall adopt an administrative policy which shall
set forth the policies and procedures for conducting hearings in accordance
with this chapter and applicable law. This policy may be amended from
time to time.
B.
Any
member of the city body hearing the appeal and any city officer hearing
the appeal who has a financial interest, as defined by Government
Code Section 87103, or on whom a decision will have a material financial
effect as defined by two California Code of Regulations, Section 18702,
shall disqualify him or herself or be disqualified by the other members.
An interested member may participate in a decision in which his or
her participation is legally required in compliance with two California
Code of Regulations, Section 18701. Only members who have heard the
whole matter may participate in the decision. Where the city officer
who is to hear the appeal is disqualified, the appeal shall be heard
by an alternate appointed by the city manager.
C.
The
city clerk or clerk of the city body or officer hearing the appeal
shall cause all testimony to be tape-recorded and shall receive and
mark all exhibits. Any party may provide and pay the compensation
of a certified court reporter.
(Ord. 04-14 § 2)
Any appellant or applicant may submit written material or comments
on any appeal. Written comments are not required to be read into the
record. Persons who wish to submit written comments, testimony or
evidence on any agenda item must provide such written material to
the city clerk at least ten days prior to the hearing. Material received
by the deadline shall be included in the administrative record. Staff
may provide responses to the written material.
Written evidence or testimony submitted after the noticed deadline
will only be accepted in the record with the approval of the city
body or officer hearing the appeal. If evidence is accepted into the
record after the noticed deadline, the city body or officer hearing
the appeal may continue the hearing but is not obligated to do so.
(Ord. 04-14 § 2)
The city body or officer hearing the appeal shall make written
findings of fact to support its decision if a request for such findings
is submitted in writing to the city clerk prior to the commencement
of the hearing. The decision of the city body or officer hearing the
appeal may be rendered at the conclusion of the hearing, or the hearing
officer may take the matter under submission. In either circumstance
the decision shall be provided in writing to the parties, and shall
be the final decision of the city.
(Ord. 04-14 § 2)
Code of Civil Procedure Section 1094.6 shall govern judicial
review of all final decisions of the city, whether pursuant to this
chapter or otherwise. At the time of making the final decision, the
city body or officer making the decision shall notify the claimant
that the time for seeking judicial review of the decision is governed
by Code of Civil Procedure Section 1094.6.
(Ord. 04-14 § 2)
