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HomeMy WebLinkAboutOrdinance - 2568 - Amend Title 2 ORDINANCE NO. 2568 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL), CHAPTER 2.57 (ADMINISTRATIVE HEARINGS BOARD), SECTION 2.57.040 (ADMINISTRATIVE HEARINGS BOARD MEMBERSHIP - ORGANIZATION), AND 2.57.090 (CONDUCT OF ADMINISTRATIVE HEARINGS), ALL RELATING TO ADMENDMENT OF THE QUORUM REQUIREMENT AND THE CONDUCT OF HEARINGS THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 2 (Administration and Personnel), Chapter 2.57 (Administrative Hearings Board), Section 2.57.040 is amended to read as follows: 2.57.040 -Administrative Hearings Board Membership—Organization. A. The administrative hearings board shall consist of three members appointed by the mayor with the approval of the city council. Members shall be either city residents, employed with the city or business owners within the city and shall have experience or an interest in the fields of zoning and building control and shall serve without compensation. To the extent possible, the membership of the board shall include persons with professional experience in law, law enforcement, dispute resolution, administrative processes, engineering, general contracting, subcontracting or real estate. B. Each term shall be for a period of four years. An appointment to fill any vacancy on the board shall be for the remainder of the unexpired term of office. C. If any member of the board fails to attend two of three successive meetings without cause and without prior approval of the chairman, the board shall declare the member's office vacant and the mayor and city council shall promptly fill such vacancy. D. The members of the board shall elect a chairperson and vice-chairperson, who shall be voting members, from among the members of the board. The presence of two members shall constitute a quorum of the board. Members of the board shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the city council. E. A conflict of interest code shall be adopted for the members and staff of the board. All members of the board shall be required to complete and file statements of economic interests in accordance with the conflict of interest code. Section 2. Title 2 (Administration and Personnel), Chapter 2.57 (Administrative Hearings Board), Section 2.57.090 is amended to read as follows: 2.57.090 - Conduct of administrative hearings. A. The board shall conduct administrative hearings at its regularly scheduled meetings, which shall be calendared at a frequency to be determined by the board. The board shall have the right to schedule special meetings in addition to those regularly scheduled, and 1 may also adjourn a regularly scheduled meeting when determined to be in the best interests of the board. B. All board hearings, including the public notice of such hearings, shall be conducted in accordance with the Ralph M. Brown Act. All hearings and proceedings shall be open to the public. C. Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of this state. Fundamental due process shall be observed and shall govern the proceedings. D. Any alleged violator has the right to represent himself or herself, or to be represented by anyone of his or her choice. E. Any party to the hearing shall be given the opportunity to testify, cross-examine witnesses, and present evidence as to the existence of the cited violation or as to whether or not the alleged violator is the party responsible for the violation. F. Any member of the administrative hearings board, or the counsel to the board, may inquire of any witness testifying at a hearing. The alleged violator or his or her representative, if any, and the officer presenting the city's case before the board, shall be permitted to inquire of any witness testifying at the hearing. All parties to the hearing shall be permitted to present brief opening and closing statements. G. Upon a showing of good cause by either party or on its own motion, the administrative hearings board shall have the authority to continue any hearing and to issue subpoenas for persons to appear and produce testimony and/or for persons to produce documents if the board believes that the information is relevant, material and necessary for the board to make a determination on the matter. The board may seek judicial validation of any subpoena which has not been complied with and it shall thereafter be unlawful, subject to prosecution as a misdemeanor, for any person to refuse to obey such a subpoena. H. The city bears the burden of proof at an administrative enforcement hearing to establish the existence of a violation of the Municipal Code. I. The standard of proof to be used by the administrative hearings board in deciding the issues at an administrative hearing is by a preponderance of the evidence. All actions of the board shall require an affirmative vote of at least two members of the board. J. Continuances for good cause may be granted on the motion of any party or upon the board's own motion. The board may request additional information from any party prior to issuing a written decision. K. All board meetings shall be recorded to audiotape or any other electronic format that ensures an accurate record of the meeting. Any hearing conducted by the board may also be reported by a certified shorthand reporter if such reporter is provided by the alleged violator at his or her own expense. 2 L. Minutes shall be kept of all board hearings. Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance. The City Council of the City of Redding hereby declares that it would have adopted each section, subsection subdivision paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections subdivisions paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 4. The City of Redding finds that this Ordinance is not a "project" according to the definition set forth in the California Environmental Quality Act ("CEQA"), and, pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), the adoption of this ordinance is therefore not subject to the provisions requiring environmental review. Section 5. This ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 7th day of March, 2017, and was duly read and adopted at a regular meeting on the 21st day of March, 2017,by the following vote: AYES: COUNCIL MEMBERS: McElvain, Schreder, Sullivan,Winter, & Weaver NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None BRENT WEAVER, Mayor ATTEST: FORM APPROVED: Mk 4-mow d - i _ PAMELA IZE, City Clerk B• ' 'Y . 1 eWALT, City Attorney 3