Ord 93ORDINANCE NO. 93
AN C~DINANCE OF THE CITY OF POW-AY, CALIFORNIA
ESTABLISHING PROCEDURE FOR
ADMINISTRATIVE HEARINGS
THE CITY COUNCIL OF THE CITY OF POWAY DOES CRDAIN AS FOLLOWS:
Section 1: Purpose.
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 develoIxnents. An ~ministrative
hearing shall be further labeled by the City Clerk for City Council action to
indicate the type of matter involved, as ex~,~lified by, but not limited to, the
types of administrative hearings described in this chapter.
Section 2: Administrative Hearing: Appeal.
Where an appeal is filed seeking the City Council to review a final, deter-
minative action of a City c~,,,~ttee or cc~mission, or employee, an "Adminis-
trative Hearing: Appeal" shall be set for hearing and the parties shall be
denoted as follows:
The "Appellant" who files the appeal;
The "Real Party in Interest," if not the appellant, whose interest is
affected by the cc~nittee or ommmission action.
Section 3: Administrative He, ring: Application.
Where an application is filed seeking a right or entitlement, an "Administrative
Hearing: Application" shall be set for hearing and the partywho is sc~king the
right or entitl~nent shall be known as the "Applicant."
Section 4: Administrative Hearinq: Inquiry.
Where a Notice of Cede Violation is filed by the City of Poway seeking to deter-
mine whether a person's conduct is in conflict with applicable laws, rules or
regulations, an "Administrative Hearing: Inquiry" shall beset for hearing, and
the party whose conduct is in question shall be known as the "Respondent."
Ordinance No. 93
Page 2
Section 5: Administrative Hearinq: Review.
Where the City Council is determining whether a right, authority, license or
privilege should be revoked, suspended, limited or conditioned, an "Administra-
tive Hearing: Review" shall be set for hearing and the party whose entitl~e~nt
is in question shall be known as the "Respondent."
Section 6: Representation.
In proc~ings 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 ~,~loyee. Any party may be represented by a member in good
standing of the State Bar of California.
Section 7: Presentinq Officer:
The City Manager or whomsoever the City Manager may designate shall present the
pre-hearing position of the City of Poway and shall be referred as the
"Presenting Officer."
Section 8: Notice.
The parties shall be given reasonable notice of the date set for hearing.
Section 9: Exchange of Information.
ae
No later than 5:00 P.M., six days prior to the date set for hearing,
each party and the Presenting Officer shall file with the City Clerk a
list of all witnesses to be presented by such person and ten copies of
eachwritten 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.
Section 10: Continuances.
Continuances or extensions of time may be granted by the City Council for good
cause or upon agreenent of all parties and the Presenting Officer.
Section 11: Oral Evidence.
C~ly a party or the Presenting Officer or a person whose name appears
on a filed witness list shall present oral evidence.
Ordinance No. 93
Page 3
B. Oral evidence shall be taken only under oath or affirmation.
Section 12: Documentary Evidence.
Only those documents and graphic items filed with the City Clerk in accordance
with Section 9 shall be c~nsidered for admission into evidence.
Section 13: Subpoena.
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.
Section 14:
Ce
Evidence.
Each party and the Presenting Officer shall have the right to fully
present evidence in accordance with this chapter.
Each party and the presenting officer shall have the right to present
evidence in explanation or rebuttal.
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 en which
responsible persons are accustomed to rely 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 m~mber of the City Council to the opposing side.
Section 15: Argument.
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.
ordinance No. 93
page 4
S~ection 16: Determination.
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 regula-
tions of the City of Poway and may direct that such action be taken as the City
council de~ms necessary.
Section 17_.
This ordinance shall take effect and be in force thirty (30) days after the date
of its passage; and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names and members voting for and
against the same in the Poway NeWS chieftain, a newspaper of general circulation
published in the City of poway.
Introduced and first read at a regular meeting of the city council of the
City of poway held the 5th day of April, 1983, and thereafter PASSED AND ADOPTED
at a regular mccting of said City council held the 12th day of April, 1983, by
the following roll call vote:
AYES: COUNCII/~fl~B~: fMERY, KRUSE, SHEPARDSON, TARZY, ORAVEC
NOES: COUNCII/~f~BERS: NONE
A~]~qT: (DOiJ~qCTT~: NONE
~inda Oravec, Mayor
~jorie K. Wahl ?Ci