Item 2 Staff Report Adopt Resolution Designating and Instructing the Chief of Police as the Hearing Officer Pursuant to Section 13.20.890(b)COUNCIL AGENDA
DATE: 3/9/92
ITEM NO.4=z
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: MARCH 6, 1992
TO: MAYOR AND TOWN COUNCIL
FROM: DAVID W. KNAPP, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION DESIGNATING AND INSTRUCTING THE CHIEF OF POLICE AS
THE HEARING OFFICER PURSUANT TO SECTION 13.20.890(b)
RECOMMENDATION:
Adopt the attached draft resolution designating and instructing the Chief of Police as the Hearing
Officer pursuant to Section 13.20.890(b)
DISCUSSION:
The newly enacted revisions to the Town Code regarding storage of hazardous materials and
enforcement actions in response to unauthorized discharges of hazardous materials, require the Council to
appoint a hearing officer for purposes of determining whether any order issued by the Enforcing Officer
should be stayed until the Council can act on the request for stay at its next regular council meeting. The
Hearing Officer must also conduct any initial hearing on objections to orders of enforcing Officers and make
findings of fact and conclusions of law. The Hearing Officer's conclusions may be appealed to the Town
Council. In order to ensure orderly administration of these provisions, staff recommends appointment of the
Chief of Police to serve as Hearing Officer.
PREPARED BY: KATHERINE ANDERTON, TOWN ATTORNEY
KA:LMB:smk 3/6/92 5:00 pm
DISK009\A:\CNCLRPTS\HEAROFF.RES File #
Attachments: Resolution for adoption
Reviewed by: Attorney
Clerk
Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DESIGNATING AND INSTRUCTING CHIEF OF POLICE
AS HEARING OFFICER PURSUANT TO SECTION 13.20.890(b)
WHEREAS Town Code Section 13.20.890(b) requires the Town Council to appoint
a Hearing Officer to hear all objections to orders and make a report to the Town Council
of proposed findings of facts, conclusions of law and recommendations with regard to orders
issued by an Enforcing Officer under Chapter 13 Article I and section 13.20.560 requires
that a Hearing Officer hear all requests for stays of such orders;
RESOLVED that the Chief of Police is hereby appointed to be the Hearing Officer
for purposes of all matters arising under Chapter 13 Article I;
FURTHER RESOLVED that the Hearing Officer is instructed not to allow or
engage in any ex parte contact or communications with any party or person acting on behalf
of any party regarding the subject matter of any action properly before him in his capacity
as hearing officer and to report to the Town Council any attempt by any party or person
acting on behalf of such party to engage in such contact.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California held on , 1992 by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
A IEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DRAFT
TOWN OF LOS GATOS Council Agenda
CALIFORNIA Date: 4/6/92
TOWN COUNCIL/PARKING AUTHORITY Item #:
March 9, 1992
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers
of the Town Hall, 110 East Main Street, at 7:01 p.m., Monday, March 9, 1992, in regular session.
ROLL CALL
Present: Vice -Mayor Joanne Benjamin, Mr. Attaway and Mr. Blanton.
Absent: Mayor Carlson and Mr. Ventura.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
HAZARDOUS WASTES/ENFORCING OFFICER/ASSISTANT TOWN MANAGER
RESOLUTION 1992-39 (01.07)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1992-39
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE ASSISTANT
TOWN MANAGER AS AN ENFORCING OFFICER AS DEFINED BY TOWN SECTION
13.20.015(f). Carried unanimously.
HAZARDOUS WASTES/HEARING OFFICER/CHIEF OF POLICE
RESOLUTION 1992-40 (02.07)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1992-40
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING AND
INSTRUCTING CHIEF OF POLICE AS HEARING OFFICER PURSUANT TO SECTION
13.20.890(b). Carried unanimously.
ADJOURNMENT
Vice -Mayor Benjamin stated at 7:03 p.m. that the meeting was adjourned to a study session with
the Library Board followed by the Parking Commission.
A 1'I'EST:
Marian V. Cosgrove
Town Clerk
TC: D3: M M030992
i
TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
March 9, 1992
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers
of the Town Hall, 110 East Main Street, at 7:01 p.m., Monday, March 9, 1992, in regular session.
ROLL CALL
Present: Vice -Mayor Joanne Benjamin, Mr. Attaway and Mr. Blanton.
Absent: Mayor Carlson and Mr. Ventura.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
HAZARDOUS WASTES/ENFORCING OFFICER/ASSISTANT TOWN MANAGER
RESOLUTION 1992-39 (01.07)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1992-39
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE ASSISTANT
TOWN MANAGER AS AN ENFORCING OFFICER AS DEFINED BY TOWN SECTION
13.20.015M. Carried unanimously.
HAZARDOUS WASTES/HEARING OFFICER/CHIEF OF POLICE
RESOLUTION 1992-40 (02.07)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1992-40
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING AND
INSTRUCTING CHIEF OF POLICE AS HEARING OFFICER PURSUANT TO SECTION
13.20.890(b). Carried unanimously.
ADJOURNMENT
Vice -Mayor Benjamin stated at 7:03 p.m. that the meeting was adjourned to a study session with
the Library Board followed by the Parking Commission.
PEST:
Marian V. Cosgrove
Town Clerk
TC: D3: MM030992