HomeMy WebLinkAboutRes 1335 - Process for Quasi-Judicial Open Record Proceedings G)
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C ity of
Washington
Resolution No. 1335 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, SETTING A PROCESS TO BE USED IN QUASI JUDICIAL
OPEN RECORD PROCEEDINGS BEFORE THE CITY COUNCIL.
WHEREAS, quasi judicial proceedings before the Council are important and complex and
thus present opportunities for misunderstanding, and
WHEREAS, quasi judicial proceedings before the Council can be procedurally complex,
WHEREAS, a procedure to clarify quasi judicial proceedings would help the City Council,
staff, applicant and public to understand their roles and processes,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
I. Staff Report
A. The staff report will include a project description, background report for the project, listing
of notification for the project, decision criteria, significant discretionary issues that are part
of the project, and a staff recommendation, if appropriate.
B. The staff report and accompanying packet including minutes from previous Planning
Commission meetings, will be given to the City Council at least one week prior to the
meeting where the project will be discussed.
C. Significant aspects of the proposal that are subject to Council discretion, and the nature of
that discretion should be noted in the staff report. A brief discussion of significant prior
decisions or agreements affecting the proposal may also be included.
II. Quasi Judicial Hearing Process
A. The legal issues and decision criteria to be used by the Council will be explained by the
City Attorney. After the public hearing is formally opened, persons who will testify shall be
sworn in.
B. The City Attorney will ask and the Council will disclose any appearance of fairness issues,
ex parte contact with the applicant or his /her representatives, or site visitations by
individual Council members.
C. The City Clerk shall keep a verbatim record of the proceedings unless the City Attorney
allows and the Council votes that it is not necessary.
D. Staff will introduce the project by stating the project use, address, location, applicable
design and the decision criteria to be used by the Council in its deliberations.
E. Applicant will present his or her project, including applicable history, process and desired
outcome.
F. Public Participation
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1. Persons wishing to comment on the proposal will present their testimony.
2. All speakers will address their comments to the City Council.
3. Where there are a large number of people who wish to testify, the Presiding Officer
may set a limit on the time allotted for each speaker.
G. The applicant will be given time for rebuttal and a final statement.
H. Proponents and opponents of the project may be given time for rebuttals and final
statements.
I. Staff will present any necessary clarifications or will respond to the applicant's presentation.
J. Council may ask questions of any party who participated in the hearing.
K. Council will direct any remaining questions to the applicants, proponents, opponents and
staff.
L. After a open record has been held, the presiding official will close the hearing.
M. All maps, reports, letters, petitions and additional submittals will be marked as exhibits by
the City Clerk and made part of the record.
III. Discussion and Debate
A. Staff will summarize the decision criteria prior to Council deliberation.
B. The Presiding Official will summarize the process to be used in reaching a decision.
C. If the matter is a complex case with a large amount of evidence, the Council may discuss
various points of the case before a motion is made to put the issue on the table, or may defer
the issue for further consideration.
D. The Council shall specify the findings and conclusions of law upon which it bases any
decision. This may be done by adopting the findings and conclusions contained in the staff
report; by specifying the Council's findings and conclusions within the motion; by
requesting that the staff prepare revised findings and conclusions based upon Council
direction for future Council adoption; or by a combination of the above.
PASSED BY THE CITY COUNCIL OF 'CITY OF TUKWILA, WASHINGTON, at a
regular meeting thereof this /g day of ,1995.
Allan Ekberg, Council Pre t
ATTEST /AUTHENTICATED:
E. Cantu, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Filed with the City Clerk: /.I F
Passed by the City Council: /A 5�
Resolution Number: 1.335
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