HomeMy WebLinkAboutReso - CC - 016-2014RESOLUTION NO. 16-2014
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
SETTING FORTH PROCEDURES FOR APPEAL HEARINGS BEFORE THE
CITY COUNCIL
WHEREAS, the City Council seeks to continue the operation of a fair and efficient
appeals process; and
WHEREAS, a fair and efficient appeals process requires all parties abide by
the same set of rules; and
WHEREAS, the City Council has determined a restatement and explanation of
appeal procedures would help applicants, appellants, appellees, and other such interested
parties to prepare for appeal hearings before the Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
The City Council approves of, and directs all participating parties to abide by, the following
procedures pertaining to a fair and efficient appeals process:
1. Appellants and appellees are strongly encouraged to submit written materials five days
before hearing to the City Clerk, but these documents will also be accepted at the hearing.
2. At the opening of the appeal hearing, Council Members shall disclose any ex parte
contacts they have had with the parties to the appeal or any interested persons.
3. The parties to an appeal shall be afforded ten minutes to address the Council,
unless that time is otherwise adjusted by the Mayor. Council members may
question the parties during this time. The parties should address the findings made
by the subordinate commission and why they are, or are not, justified.
a. The appellant shall speak first.
b. The appellee, if there is one, shall speak second.
4. Members of the public shall be given three minutes to speak, or such time as
otherwise determined by the Mayor. Speakers may not cede their time to others
so as to lengthen the speaking time beyond that set forth by the Mayor. Acting
within his or her discretion, the Mayor may provide for additional time to a single
spokesperson for a group of interested members of the public.
5. The parties shall each be afforded two minutes for rebuttal or closing statements,
or as otherwise provided by the Mayor. The appellant shall speak first.
6. Councilmembers may ask clarifying questions during public comment or the
parties' speaking time. Council debate is reserved until after the close of the
public hearing.
7. Council shall issue its decision by motion at the conclusion of the hearing, or may
order staff to prepare a resolution memorializing its direction for consideration at a
subsequent meeting. Council may also continue the hearing if it is deemed
necessary for consideration of further evidence or argument.
8. The Mayor or Council as a whole has the discretion to modify these procedures to
ensure a fair and efficient hearing. Failure to comply with these procedures shall
not constitute grounds for overturning a decision of the Council.
Mayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the Burlingame City Council
held on the 17th day of March, 2014, and was adopted thereafter by the following vote:
AYES: Councilmembers: BROW
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
,DEAL,KEIGHRAN,NAGEL,ORTIZ
Mary Ellch Kearney, City Clerk