Resolution Number 84-12-4-415'7
RESOLUTION NO. 54-12-4-4
HEARING OFFICER PROCEDURE - MOBILE HOME
PARK RENT INCREASES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
A HEARING OFFICER PROCEDURE PURSUANT TO SECTION
2-2.905(a) OF TITLE 2, CHAPTER 2, ARTICLE 3 OF
THE SAN JUAN CAPISTRANO MUNICIPAL CODE
WHEREAS, San Juan Capistrano Municipal Code Section
2-2.905(a) provides that the City Council shall by resolution
provide for a Hearing Officer Procedure in review of rent
increases in mobile home parks; and,
WHEREAS, statutory and case law require that full due
process be accorded to all interested parties affected by
administrative review of rent increases.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of San Juan Capistrano:
SECTION 1. Selection of Hearing Officer.
When the City receives a petition for review of a
mobile home park rent increase, the City Manager shall forthwith
provide a list of at least three (3) qualified persons to hear
the matter to the City Council.
The Council shall pick one (1) person from this list as
soon as practicable.
SECTION 2. Conduct of Hearing by Hearing Officer.
(a) Any hearings conducted by the Hearing Officer
shall be open to the public and in full accordance with the Brown
Act, Government Code Section 54950, et. seq.
(b) The Hearing Officer's scope of review shall be as
set forth in Municipal Code Section 2-2.905.
(c) The Hearing Officer shall have complete control
over the conduct of the hearing, including the administering of
oaths and the ruling on the admissibility of evidence, or other
procedural matters.
(d) Technical rules of evidence shall not apply.
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58 (e) The Hearing Officer and the Committee's Secretary
shall ensure that the hearing record is adequately assembled and
easily reproduced. The record shall include: all exhibits,
papers and documents required to be filed or accepted into
evidence during the proceedings; a list of participants present;
a summary of all testimony accepted in the proceedings; a
statement of all materials officially noticed; written findings
and conclusions of the Officer. Any party may have the
proceeding tape-recorded or otherwise transcribed at his or her
own expense.
(f) The Hearing Officer shall be governed by the
general legal principle that the hearing constitutes a
quasi-judicial proceeding of a local agency, and as such, is
governed by the Code of Civil Procedure, Section 1094.5, and
interpretive case law. Pursuant to Topanga Association, Scenic
Community v. County of Los Angeles, 11 Cal. 3d 510 (1974), the
Hearing Officer shall:
-Render written findings in support of this conclusion;
-Determine that substantial evidence exists to support the
findings;
-Make specific findings which "bridge the analytical gap between
the raw evidence and ultimate decision."
(g) Based upon the evidence presented at the hearing,
the Hearing Officer shall make findings and conclusions as to
whether or not, in light of all the evidence presented, the rent
increase is justified under the circumstances, in accordance with
the standards of Section 2-2.905(8) of the San Juan Capistrano
Municipal Code.
The burden of proof regarding the justification for
rent increases shall be on the landlord.
(h) The parties shall have the right to call and
examine witnesses, to introduce exhibits, to cross-examine
opposing witnesses, and to rebut evidence.
(i) The City Manager, at the request of the Hearing
Officer, may issue an administrative subpena for the purpose of
compelling the production of evidence or the attendance of
witnesses essential to the outcome of the proceedings.
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159
(j) The Secretary to the Committee shall serve as a
staff resource person to the Hearing Officer but shall not
participate directly as an advocate in favor of any position
during the Hearing Officer proceeding.
PASSED, APPROVED AND ADOPTED this 4th day of
December 1 1984 .
ATTEST:
�ITY CLEW
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 84-12-4-4, adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 4th day of
December , 1984, by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL)
MARY ANN OVER, CITY CLERK
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160
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 6th day of December . 1984
she caused to be posted:
RESOLUTION NO. 84-12-4-4
being: HEARING OFFICER PROCEDURE - MOBILE HOME
PARK RENT INCREASES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
A HEARING OFFICER PROCEDURE PURSUANT TO SECTION
2-2.905(a) OF TITLE 2, CHAPTER 2, ARTICLE 3 OF
THE SAN JUAN CAPISTRANO MUNICIPAL CODE
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
CHECK LIST F iz Ll
ORD. NO_ ....... . RES. NO.... _.-.--
........,/.. Mayor has signed
......./... Clerk has signed
.......1//. City Seal stamped
t....... All blanks typed in
..Absent.. _..... 8-......_ ................._
.........
"Noes..... _......��.....................
_...................
.......c.... Typed in Official Record Book
.............Posted to Classified Cards
-------------Copies sent
..........................................
—........... Legal Publication ordered to
be published
(date) ------------ ..--------------------
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No. Affidavits ------------------
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No. Printed copies required —23.
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Remarks..Ct3>2k:.... A...L1ia�fY......�1lYl�t.`..
S'
MARY ANN H, OVER, CITY CLERK
San Juan Capistrano, California