Chapter 2.05
CITY COUNCIL
Sections:
Article I. General
2.05.010 Time and place of regular meetings.
2.05.020 Notice of special meetings.
Article II. Appeals to City Council
2.05.040 Appeal where public notice required.
2.05.050 Appeal where public notice not required.
2.05.090 Right of Councilmembers and City Manager to request review.
Article I. General
2.05.010 Time and place of regular meetings.
Regular meetings of the City Council shall be held in the Farrel A. Stewart Civic Center, 1950 Parkside Drive, Concord. The City Council shall, by resolution, establish the day of the week, the number of meetings per month, and the time the meetings will convene. The City Clerk shall post an agenda, as required by Government Code § 54954.2, identifying the room(s) within the Civic Center where the meeting will be conducted.
(Code 1965, § 2100; Code 2002, § 2-31. Ord. No. 229; Ord. No. 90-29; Ord. No. 91-11)
2.05.020 Notice of special meetings.
At any time, the Mayor or three Councilmembers may call a special meeting by delivering written notice to each member at least 24 hours before the meeting. Written notice may be dispensed with if all Councilmembers give their written consent to the meeting and the consent is filed in the Clerk’s office when the meeting is held. The Councilmembers may give such notice by telegram.
(G.C. § 54956; Code 1965, § 2102; Ord. No. 1; Code 2002, § 2-32. Ord. No. 687; Ord. No. 90-29)
Article II. Appeals to City Council
2.05.030 General.
Except where otherwise expressly provided, appeals to the City Council shall be of two forms, dependent upon the manner of giving notice of the hearing of the appeal.
(Code 1965, § 2900; Code 2002, § 2-51. Ord. No. 845)
2.05.040 Appeal where public notice required.
In all appeals where notice to the general public is required by this Code or by determination of the City Council, an appeal shall be perfected as follows:
(1) Filing. Unless otherwise provided by law, notice of appeal must be in writing and filed with the City Clerk within ten calendar days of the act, decision, motion, or resolution from which the appeal is taken.
(2) Contents. The notice of appeal shall set forth, in concise language, the following:
a. Date of appeal;
b. Name of appellant;
c. Individual representing appellant;
d. Address to which notices shall be sent;
e. Telephone number of representative;
f. Name of applicant, if different from appellant;
g. Commission, board, officer, or department whose action or decision is being appealed;
h. Date of action or decision from which appeal is taken;
i. Action or decision being appealed;
j. Grounds for appeal;
k. Address and description of real property involved.
(3) Filing fee. A notice of appeal shall not be accepted by the City Clerk until a filing fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services has been paid to the Finance Department with a receipt evidencing such payment delivered to the City Clerk. In the event an appeal is abandoned or terminated prior to publication of notice, the filing fee shall be refunded, less any actual costs expended by the city in processing the appeal.
(4) Notifying Council. The City Clerk shall place the matter of the notice of appeal on the agenda of the meeting of the City Council, the preparation of which agenda immediately follows filing of notice of appeal.
(5) Setting for public hearing. The City Council shall determine when a notice of appeal is in order and, if it so finds, shall set the time and the place of public hearing and may provide for special notice in addition to what is herein set forth. Unless otherwise specified, all hearings on appeals before the City Council shall be held in the Council chambers at the Civic Center.
(6) Date. The public hearing shall be set no less than 12 and no more than 45 calendar days from date of Council action setting the matter for hearing, unless otherwise provided by law. Notwithstanding the provisions herein, upon request of an interested party and a showing of good cause, or upon its own motion, the Council may change the date of hearing or continue the hearing.
(7) Manner of notice.
a. Publication. A copy of the notice of the time and place of the public hearing shall be published once in a newspaper of general circulation in the city at least ten calendar days prior to the date of hearing.
b. Mailing. Where the appeal affects the zoning, use, abatement, occupancy, or ownership of described real property, then, at least ten calendar days prior to the hearing, written notice of the hearing shall be mailed to all of the following:
1. All owners and occupants of real property located within 300 feet of the real property which is the subject of the appeal. Owners of real property shall be determined as they appear on the latest equalized assessment roll;
2. The appellant/applicant;
3. Any person who has specifically requested notice;
4. All persons who spoke on the matter at any prior hearings by any city board, commission, or agency on the same matter. Notice to such persons shall be mailed only if they provided their names and addresses at the time they spoke at the prior hearing, and if the board, commission, or agency provides the names and addresses to the City Clerk’s office;
5. Where neither the appellant nor the applicant appears on the latest equalized assessment roll as the owner of the property, notice shall be mailed within the ten-day period to the owner at the address shown on the latest equalized assessment roll and to “Occupant,” if any, at the property’s address;
6. Records of the County Assessor which contain more recent information than the assessment roll may be utilized in lieu of the latest equalized assessment roll for determining the names and addresses of property owners. The decision as to what Assessor’s information will be used is within the sole discretion of the city;
7. At the time of filing the appeal, the appellant shall provide a sufficient number of stamped envelopes to use in meeting the mailing requirements of this section. The appellant shall be responsible for ascertaining the names, addresses, and parcel numbers of all persons entitled to receive notice under this section and shall be responsible for addressing each envelope submitted. The envelope shall show the parcel number of the property the addressee owns if the notice is mailed pursuant to subsection b.1 of this subsection. All envelopes shall have as a return address the address of the city offices.
c. Posting.
1. A copy of the notice of the time and place of public hearing concerning specific property shall be one notice of not less than 11 inches by 17 inches in size posted in a clearly visible location on each frontage of the subject property at least ten days prior to the public hearing. The posting of signs shall not be required where a zoning amendment is initiated by the city and affects multiple ownerships.
2. The notices shall be posted by the applicant. The applicant shall be responsible for ensuring that the notices are maintained in good condition and must replace any notice within one working day if it has been moved, fallen, or been destroyed.
(8) Form. Notice shall be in a form as described in section 2.05.060.
(Code 1965, § 2901; Code 2002, § 2-52. Ord. No. 845; Ord. No. 1057; Ord. No. 92-24; Ord. No. 1131; Ord. No. 1180; Ord. No. 85-4; Ord. No. 93-11)
2.05.050 Appeal where public notice not required.
In those appeals where an individual’s interests are involved and no purpose would be served by notice to the general public, an appeal shall be perfected as follows:
(1) Filing. Unless otherwise provided by law, notice of appeal must be in writing and filed with the City Clerk within ten calendar days of the act, decision, motion, or resolution from which the appeal is taken.
(2) Form. The notice of appeal shall set forth, in concise language, the following:
a. Date of appeal;
b. Name of appellant;
c. Individual representing appellant;
d. Address to which notices shall be sent;
e. Telephone number of representative;
f. Name of applicant, if different from appellant;
g. Commission, board, officer, or department whose action or decision is being appealed;
h. Date of action or decision from which appeal is taken;
i. Action or decision being appealed;
j. Grounds for appeal;
k. Address and description of real property involved.
(3) Filing fee. No notice of appeal shall be accepted for filing by the City Clerk until a filing fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services has been paid to the Finance Department with a receipt evidencing such payment delivered to the City Clerk.
(4) Notifying Council. The City Clerk shall place the matter of the notice of appeal on the agenda of the meeting of the City Council, the preparation of which agenda immediately follows filing of notice of appeal.
(5) Setting for hearing. The City Council shall determine when a notice of appeal is in order and, if it so finds, shall set the time and the place of hearing and may provide for special notice in addition to the notice prescribed herein.
(6) Date. The hearing shall be no less than seven and no more than 45 calendar days from date of City Council action setting the matter for hearing. Notwithstanding the provisions herein, upon request of an interested party and a showing of good cause, or upon its own motion, the Council may change the date of hearing to an earlier or later date or continue the hearing.
(7) Manner of notice.
a. Mailing. At least ten calendar days prior to the hearing, written notice of the hearing shall be mailed to the appellant, to all persons who spoke on the matter at any prior hearings by any city board, commission, or agency on the same matter, and to any person who has specifically requested notice of the hearing. The notice to persons who spoke at prior hearings shall be mailed only if they provided their name and address at the time they spoke at the prior hearing, and if the board, commission, or agency provides the names and addresses to the City Clerk’s office.
b. Additional mailing. In addition to the foregoing notices, when the appeal affects the zoning, use, abatement, occupancy, or ownership of described real property, then, at least ten calendar days prior to the hearing, written notice of the hearing shall also be sent to the following:
1. All owners and occupants of real property located within 300 feet of the real property which is the subject of the appeal. Owners of real property shall be determined as they appear on the latest equalized assessment roll.
2. Where neither the appellant nor the applicant appears on the latest equalized assessment roll as the owner of the property, notice shall be mailed within the ten-day period to the owner at the address shown on the last equalized assessment roll, and to “Occupant,” if any, at the property’s address.
3. Records of the County Assessor which contain more recent information than the assessment roll may be utilized in lieu of the latest equalized assessment roll for determining the names and addresses of property owners. The decision as to what Assessor’s information will be used is within the sole discretion of the city.
4. At the time of filing the appeal, the appellant shall provide a sufficient number of stamped envelopes to use in meeting the mailing requirements of this section. The appellant shall be responsible for ascertaining the names, addresses, and parcel numbers of all persons entitled to receive notice under this section and shall be responsible for addressing each envelope submitted. The envelope shall show the parcel number of the property the addressee owns if the notice is mailed pursuant to subsection b.1 of this subsection. All envelopes shall have as a return address the address of the city offices.
c. Posting.
1. A copy of the notice of the time and place of public hearing concerning specific property shall be one notice of not less than 11 inches by 17 inches in size posted in a clearly visible location on each frontage of the subject property at least ten days prior to the public hearing. The posting of signs shall not be required where a zoning amendment is initiated by the city and affects multiple ownerships.
2. The notices shall be posted by the applicant. The applicant shall be responsible for insuring that the notices are maintained in good condition and must replace any notice within one working day if it has been moved, fallen, or been destroyed.
(8) Form. Notice shall be in a form as described in section 2.05.060.
(Code 1965, § 2902; Code 2002, § 2-53. Ord. No. 845; Ord. No. 1057; Ord. No. 92-24; Ord. No. 85-4; Ord. No. 93-11)
2.05.060 Form of notice.
The form of notice of public hearing shall be in the manner provided in Government Code § 65094. Such notice shall include the date, time, and place of public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description in text or by diagram of the location of the real property, if any, that is the subject of the hearing.
(Code 1965, § 2903; Code 2002, § 2-54. Ord. No. 845; Ord. No. 92-24)
2.05.070 Procedure.
Hearings shall be conducted in accordance with Council procedure for the conduct of hearings. The Council may examine witnesses under oath and issue subpoenas as provided by law. Each Councilmember shall have the power to administer oaths to witnesses. After the close of the public hearing, the Council shall review the evidence and shall render its decision at any time within 60 days after the close of the public hearing, provided that said time may be extended with the consent of the appellant. If the appeal is not decided in said time period, it is presumed denied. Except for disciplinary proceedings, the burden of proof is upon the appellant. The decision of the City Council after appeal is final.
(Code 1965, § 2904; Code 2002, § 2-55. Ord. No. 845)
2.05.080 Prejudicial error.
No action, inaction, or recommendation regarding any matter for which an appeal is taken in accordance with this chapter by the legislative body, or any administrative body, or any official of the city shall be held valid or invalid by reason of any error, irregularity, informality, neglect, or omission (hereinafter called “error”) as to any matter pertaining to petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, or any matters of procedure whatever unless the error complained of was prejudicial, and that by reason of such error the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed.
(Code 1965, § 2905; Code 2002, § 2-56. Ord. No. 845)
2.05.090 Right of Councilmembers and City Manager to request review.
In any matter where there is an appeal procedure available to an interested party as provided in this Code, a member of the City Council or City Manager may, by following the appropriate appeal procedures, request a review by the City Council. There shall be no fee for such a review. Filings, notices, hearings, and actions available shall be identical to the appeal process. The filing of a request for review shall not disqualify a Councilperson from testifying, deliberating, or voting on the matter that is subject to review.
(Code 1965, § 2906; Code 2002, § 2-57. Ord. No. 1160)