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HomeMy WebLinkAbout06 - Appointment of Hearing Officer• 0 May 10, 1999 Agenda Item No. 6 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY May 10, 1999 TO: Mayor and Members of the City Council FROM: Robert H. Burnham RE: Proposed Amendments to Section 1.08.055 Appointment of Hearing Officer Background: The City Council currently has the authority designate a hearing officer to conduct proceedings involving the issuance, denial or revocation of a permit or license. This Ordinance was adopted after the hearing to consider revocation of the use permit granted to the Thunderbird. The proposed amendment would give the City Manager and Charter Boards and Commissions — such as the Planning Commission — the same option. The amendment also allows hearings to be consolidated to avoid duplication. Recommendation: We recommend that the City Council introduce the proposed ordinance amendment to Section 1.08.055 of Chapter 1.18 and pass to second reading on May 24, 1999. �J Attachment F:lusers\cat\shared\CC memo\RulesOfConstHrgOfricer.doc ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE • CITY OF NEWPORT BEACH AMENDING SECTION 1.08.055 OF CHAPTER 1.08 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO HEARING OFFICER The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section is amended to read, in full, as follows: SECTION 1: Section 1.08.055 of Chapter 1.08 is amended to read as follows: Section 1.08.055 Hearing Officer. The City Council, any Board or Commission created by the City Charter, and the City Manager or Planning Director may designate a hearing officer to take evidence, direct preparation of a transcript and submit proposed findings and recommendations in a form suitable for adoption of fart and la-vi to the Gity Geup,si�-whenever the Sity Seuasills- authorized, or required, by the provisions of this Code, to conduct any hearing or appeal on any matter including the issuance, denial, 9F-revocation or modification of any permit or license or whether a particular condition or activity constitutes a the d'°'^F^A'^ ^40^^ ^4 nuisance or fire hazard, purrs u^ ^* to pmvisions ^f *t,;^ r ^a °. The hearing officer shall conduct the hearing in a manner that complies with constitutional, statutory and decisional law. The City Council, Board or Commission. City Manager or Planning Director ^�°^ °°•' ^^° . .. ;a '1° ^ ^ ° °�' ^a' ^ ^° may adopt the proposed findings and I. recommendations as their decision or may take anv other action that is supported by substantial evidence in the record. The hearing officer may be directed to consolidate hearings on two or more appeals. decisions or determinations that involve the same or similar subject matter and the same Potentially affected party. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and . phrases be declared unconstitutional. 2 SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 1999, and adopted on the _ day of , 1999, by the following vote, to wit: 0 AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS ( ATTEST: LaVonne Harkless, City Clerk F:\ users\catlshared\Ordinance\Rulesof ConstHrgO%cer.doc Revised: 05.04 -99 /da 0 a 3