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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.
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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:
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AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
(
ATTEST:
LaVonne Harkless,
City Clerk
F:\ users\catlshared\Ordinance\Rulesof ConstHrgO%cer.doc
Revised: 05.04 -99 /da
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