HomeMy WebLinkAbout73-05 RESOLUTION NO. 73-05
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
ADOPTING A POLICY GOVERNING EX PARTE CONTACTS
WHEREAS, the City Council and the Town's Planning Commission conduct a
number of quasi-judicial hearings in the course of performing the bodies' duties;
WHEREAS, the Due Process Clauses of the United States and California
Constitutions impose certain requirements on local governments that conduct such
hearings, including a requirement that decision makers consider only that evidence
that is presented at the hearing;
WHEREAS, members of the City Council and the Planning Commission often
receive information pertinent to quasi-judicial hearings outside of the formal hearing,
known generally as "ex parte contacts";
WHEREAS, the City Council determined that it would prudent to have a policy
concerning ex parte contacts in quasi-judicial proceedings that applies to the City
Council and the Planning Commissoin, and, pursuant to council direction, Staff
prepared the attached policy;
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does
RESOLVE that the document attached hereto as Attachment A, and labeled "EX
PARTE CONTACTS POLICY," is adopted as a policy of the Town of Los Altos Hills.
PASSED AND ADOPTED this 21st day . July, 2005.
BY: 40 .
May reene Kerr
ATTEST:
/ W
Karen Jos ,City •lerk
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TOWN OF LOS ALTOS HILLS
EX PARTE CONTACTS POLICY
(Approved by City Council July 21, 2005)
A. Purpose. This policy is intended to ensure that decisions of the Town of
Los Altos Hills in quasi-judicial administrative proceedings comply with the
requirements of Due Process under the Constitutions of the United States and the State of
California.
B. Definitions. The following definitions shall apply to this policy:
"Contacts"means the receipt of information outside of a public hearing relevant
in a Quasi-judicial Proceeding of a Legislative Body. Contacts may include individual
conversations,written communications, electronic mails, telephone calls, and visits to
sites that are the subject of such hearings.
"Hearing"means an evidentiary hearing in a Quasi-judicial Proceeding.
"Legislative Body or Bodies"means the City Council and the Planning
Commission.
"Quasi-judicial Proceeding"means a-Town proceeding in which a Legislative
Body applies existing legal standards to a particular set of facts that affects an individual
or individuals. Quasi-judicial proceedings include but are not limited to actions on site
development permits, conditional use permits, variances, and tentative subdivision maps.
"Pending"means an application to initiate a proceeding has been filed or the
Town has otherwise initiated a proceeding through the issuance of a notice or other
formal means.
B. Policy.
1. Members of Legislative Bodies that have Contacts related to Quasi-
judicial Proceedings shall disclose the Contacts on the record of the Quasi-judicial
Proceeding, as required by this policy, so that participants in the Hearing receive an
opportunity to rebut or explain information obtained from the Contacts. Contacts shall be
disclosed even if the Contacts took place before the Quasi-judicial Proceeding was
Pending.
2. Legislative Bodies often decide matters that involve Quasi-judicial
Proceedings that are contingent upon the concurrent approval one or more legislative
decisions, such as a site development permit approval that is contingent upon a zoning
ordinance amendment. While there are no specific statutes or appellate decisions that
require disclosure of Contacts in such contexts, members of Legislative Bodies that have
Contacts in such proceedings are encouraged to disclose the Contacts in the same manner
that Contacts are disclosed in ordinary Quasi-judicial Proceedings.
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C. Disclosure Requirements.
1. Disclosure shall be made for the record prior to the opening of the public
hearing by the member of the Legislative Body that received the Contact and shall
include the following information: (a) the general nature and substance of the Contact;
(b)the date and location(if any) of the Contact, and(c) the name of the persons present.
2. To facilitate the disclosure of Contacts, the staff of the Legislative Body
shall include an item on the agenda for Hearings for the disclosure of Contacts.
E. Effect of Policy. The failure of any member of a Legislative Body to
comply with this Policy shall not constitute independent grounds to invalidate the
decision of the Legislative Body.
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