Resolution 1997-17
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RESOLUTION NO. 97-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ADOPTING A MUNICIPAL ADMINISTRATIVE
HEARING POLICY
WHEREAS, the Gilroy Municipal Code requires permits or
licenses for persons engaged in various activities including, but
not limited to, peddling or soliciting or vending; operating
dances, dance halls, barrooms, adult businesses, cardrooms or food
establishments; keeping animals and fowl; conducting bingo games;
holding large meetings or parades; and
WHEREAS, the Gilroy Municipal Code may require an
administrative hearing prior to denying, suspending, or revoking
the above described permits or licenses; and
WHEREAS, administrative hearings may also be required
prior to the exercise of certain municipal authority powers, such
as to abate a nuisance; and
WHEREAS, the Gilroy Municipal Code does not provide
express administrati ve hearing procedures for each of the
administrative hearings necessary for the City's orderly operation
and regulation; and
WHEREAS, the City Administrator recormnends that a City
policy be adopted to govern administrative hearings in the City;
and
WHEREAS, policies of the City may be adopted by
resolution or formal motion of the City Council; and
WHEREAS, it is the intent of the City Council to adopt a
municipal administrative hearing policy that provides a meaningful
opportuni ty to be heard and that maintains an informal hearing
process that may be utilized by City officials acting as hearing
officers in the absence of other express hearing requirements; and
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WHEREAS, the City Council considers and finds that
significant public and private interests are served by establishing
an informal, efficient and readily accessible public hearing
process that is neither technical nor cumbersome.
NOW, THEREFORE, BE IT RESOLVED THAT the following
administrative hearing procedures are adopted as a matter of City
policy, which procedures should be complied whenever there is no
alternative procedure provided by the Gilroy Municipal Code,
whenever the City conducts administrative hearings such as are
aforementioned.
SECTION 1 - NOTICE
Notice of the date, time and location of any administrative
hearing shall be given to the applicant, appellant, owner or
operator as the case may be (hereafter "Applicant") by mail at
least ten days prior to the hearing, which mail shall be addressed
to the Applicant's most recent address on file with the City. If
the hearing regards a permit, license, or application, notice shall
be mailed to the applicant/appellant's address shown on the face of
that document.
The notice may enclose a copy of this Resolution
and a statement that the hearing will proceed pursuant to the
provisions contained herein.
SECTION II - HEARING OFFICER
The City Administrator may serve as a Hearing Officer, or may
designate any other person, including but not limited to other City
officials or employees, to be a Hearing Officer.
To maintain an efficient and fair hearing, the Hearing Officer
may set time limits or implement other rules of procedure, provided
that a meaningful opportunity to be heard is preserved.
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SECTION III - RECORD OF HEARING
The City shall be responsible for making a record of the
hearing either by audio or video tape.
The Hearing Officer shall
lodge this record with the City Clerk who shall maintain the record
for one (1) year from the conclusion of the hearing. If requested
in writing by the Applicant, the City shall have the hearing record
transcribed at the Applicant's cost.
The City may require that a
reasonable deposit in the amount of the estimated cost of
preparation accompany any request for a transcribed record.
SECTION IV - EVIDENCE
The Hearing Officer shall rule on the admissibility of any
evidence. Formal rules of evidence shall not apply and the Hearing
Officer shall not be bound by the California Evidence Code or the
Federal Rules of Evidence.
No oath is required for witness
testimony.
However, a witness may request that his or her own
testimony be provided under oath, which factor may be considered by
the hearing officer when weighing the evidence.
Documentary
evidence shall be marked for identification purposes, and copies of
all such evidence shall be maintained by the City Clerk with the
record of the hearing for one (1) year after the conclusion of the
hearing. Cross-examination of witnesses shall not be permitted.
SECTION V - HEARING OFFICER'S DECISION
Within a reasonable time not to exceed thirty (30) days from
the date the hearing is closed, the Hearing Officer shall submit a
wri tten decision to the City Clerk.
Such decision shall contain
written findings of fact, which must be supported by substantial
evidence in the record as a whole, and which findings must support
the Hearing Officer's decision.
A copy of the decision shall be
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promptly mailed to the Applicant.
SECTION VI - APPEAL OF HEARING OFFICER'S DECISION
Not later than 15 days after the Hearing Officer's decision is
mailed to the Applicant, the Applicant may appeal the decision by
filing with the city Clerk written exceptions to any portion of the
decision together with written argument in support of each
exception and the amount of fees for an appeal to the City Council
as fixed by resolution or by ordinance. The City Clerk shall place
the appeal on an agenda for a City Council meeting which permits at
least ten day notice to the Applicant and which will allow the
appeal to be heard no more than 45 days after the City Clerk's
receipt of the appeal.
The City Clerk shall notify the Applicant
of the date, time and location that the appeal shall be heard at
least ten days prior to the meeting.
SECTION VII - ACTION BY CITY COUNCIL ON APPEAL
Appeal to the City Council shall be confined to oral and
written argument and the administrative record. Upon consideration
of the entire record of the hearing, including the Hearing
Officer's decision and the exceptions and written argument that
were filed with the City Clerk, the City Council may adopt the
Hearing Officer's decision in its entirety or the decision may be
rejected or modified.
SECTION VIII - STATUTE OF LIMITATIONS
Pursuant to Code of Civil Procedure Section 1094.6, any
petition for judicial review shall be filed not later than ninety
days after the City Council makes its final decision. The
provisions of Section 1094.6 shall apply to any such action.
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RESOLUTION NO. 97-17
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PASSED AND ADOPTED this 3rd day of March, 1997 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Susanne E. Steinmetz, City Cl
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RESOLUTION NO. 97-17
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I, RHONDA PELLIN, Deputy City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 97-17 is an original resolution, duly adopted by the Council of the City
of Gilroy at a regular meeting of said Council held on the 3rd day of March, 1997, at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 6th day of March, 1997.
(Seal)