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HomeMy WebLinkAboutReso - CC - 026-2014RESOLUTION NO. 26-2014 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME SETTING FORTH PROCEDURES FOR REVIEW OF DECISIONS BY SUBORDINATE BODIES REQUESTED BY THE CITY COUNCIL WHEREAS, the Municipal Code provides procedures by which Council Members may call up decisions of subordinate bodies for review; and WHEREAS, the City Council seeks to foster a fair and efficient review process; and WHEREAS, a fair and efficient review process requires that all parties abide by the same set of rules; and WHEREAS, the City Council has determined an explanation of review procedures would help applicants and other such interested parties to prepare for review 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 Council review process: 1. Applicants and interested parties 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 ofthe review hearing, Council Members shall disclose any ex parte contacts they have had with the parties to the appeal or any interested persons. 3. The applicant and/or other interested party 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. 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 Council Member who called up the item for review will present his or her concerns or issues with the item 6. The applicant and/or other interested parry shall be perniitted five minutes to respond to the concerns or issues articulated by the Council Member who called for review of the item. The Mayor may adjust this time as she or he deems appropriate. 7. Council Members may ask clarifying questions during public comment or the parties' speaking time. Council debate is reserved until after the close of the public hearing. 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 review if it is deemed necessary for consideration of further evidence or argument. 9. The Mayor or Council as a whole has the discretion to modify these procedures to ensure a fair and efficient process. 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 7th day of April, 2014, and was adopted thereafter by the following vote: AYES: Councilmembers: BROWNRIGG,DEAL,REIGHRAN, NAGEL,ORTIZ NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE nA �` Mary Ellen Kearney, City Clerk