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Resolution 1997-17 . . , '" , , 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 \RPJ\333146.01 71-022104706002 -1- RESOLUTION NO. 97-17 . . 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. \RPJ\333146.01 71-022104706002 -2- RESOLUTION NO. 97-17 . . 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 \RPJ\333146.01 71-022104706002 -3- RESOLUTION NO. 97-17 . . 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. \RPJ\333146.01 71-022104706002 -4- RESOLUTION NO. 97-17 . . 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 \RP J\333146 01 71-022104706002 -5- RESOLUTION NO. 97-17 . . 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)