Chapter 2.14 — ADMINISTRATIVE HEARINGS

When the City Council is to render an adjudicatory decision after consideration of evidence, an "administrative hearing" will be conducted in accordance with this chapter, unless a public hearing is required by law. This chapter does not apply when a public

hearing is required for matters such as subdivisions, variances, special use permits, and planned developments. An administrative hearing shall be further labeled by the City Clerk for City Council action to indicate the type of matter involved, as exemplified by, but not limited to, the types of administrative hearings described in this chapter.

Where an appeal is filed seeking the City Council to review a final, determinative action of a City committee or commission, or employee, an "Administrative Hearing: Appeal" shall be set for hearing and the parties shall be denoted as follows:

A.

The "appellant" who files the appeal;

B.

The "real party in interest," if not the appellant, whose interest is affected by the committee or commission action.

Where an application is filed seeking a right or entitlement, and "Administrative Hearing: Application" shall be set for hearing and the party who is seeking the right or entitlement shall be known as the "applicant."

Where a Notice of Violation of Code is filed by the City seeking to determine whether a person's conduct is in conflict with applicable laws, rules or regulations, an "Administrative Hearing: Inquiry" shall be set for hearing, and the party whose conduct is in question shall be known as the "respondent."

Where the City Council is determining whether a right, authority, license or privilege should be revoked, suspended, limited or conditioned, an "Administrative Hearing: Review" shall be set for hearing and the party whose entitlement is in question shall be known as the "respondent."

In proceedings under this chapter, an individual party may appear in person, or be represented by an agent with written authorization, a corporate party by an authorized officer or employee, and a partnership or joint venture by an authorized member or employee. Any party may be represented by a member in good standing of the State Bar of California.

The City Manager or whomsoever the City Manager may designate shall present the prehearing position of the City and shall be referred to as the "Presenting Officer."

The parties shall be given reasonable notice of the date set for hearing.

(a)

No later than 5:00 p.m., six days prior to the date set for hearing, each party and the representing officer shall file with the City Clerk a list of all witnesses to be presented by such person and ten copies of each written or graphic item such person intends to offer into evidence during the hearing.

(b)

In like manner, the Presenting Officer shall file a proposed decision with proposed findings.

Continuances or extensions of time may be granted by the City Council for good cause or upon agreement of all parties and the Presenting Officer.

(a)

Only a party or the Presenting Officer or a person whose name appears on a filed witness list shall present oral evidence.

(b)

Oral evidence shall be taken only under oath or affirmation.

Only those documents and graphic items filed with the City Clerk in accordance with Section 2.14.090 shall be considered for admission into evidence.

For good cause the City Council or the Mayor may cause a subpoena to be issued. The Mayor shall sign the subpoena attested to by the City Clerk.

(a)

Each party and the Presenting Officer shall have the right to fully present evidence in accordance with this chapter.

(b)

Each party and the Presenting Officer shall have the right to present evidence in explanation or rebuttal.

(c)

The hearing shall not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence, including hearsay, shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs. The presiding member of the City Council may set reasonable time limitations on the presentation of evidence.

(d)

The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized by law.

(e)

Irrelevant and unduly repetitious evidence shall be excluded.

(f)

Each party and the Presenting Officer may propound questions through the presiding member of the City Council to the opposing side.

Upon the submission of the evidence, only the Presenting Officer, a party, or a legal representative of a party may present argument. The presiding member may limit the time for said argument.

Applying rules and regulations to the specific evidence presented during the hearing, the City Council shall make an adjudicatory decision regarding the rights, duties, and entitlements of involved persons under the laws and regulations of the City and may direct that such action be taken as the City Council deems necessary.