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Except as provided in Article VI of Chapter 2.20, or any other appeals process which has been adopted and not repealed by the city, an appeal from the decision of a board, commission, agency, department or other city body shall conform to the provisions of this chapter.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.
D. 
The city body or officer hearing the appeal may order the hearing continued from time to time, except that a hearing on an application for a conditional use permit required by Section 17.46.040 may be continued only at the applicant's request.
(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)