(2)AR 082107 Amendment to Title 18

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City Council Meeting — August 7, 2007 Zone Text Amendment, DAP -000-653 Page 10 of 11 officer. It is staff's recommendation that this issue be addressed by having a process to allow a third parry hearing officer to consider such matters for the City. With respect to how a third party hearing officer is selected, the proposed ordinance allows the City to utilize various options for selecting neutral hearing officers, including contracting with a firm to provide hearing officers, mutually agreeing on a hearing officer with the appellant, contracting with the County of San Bernardino or contracting with the California Office of Administrative Hearings. The process selected by staff for particular types of appeals will be based on administrative and costs issues, and all processes will be in compliance with state law. Staff will structure procedures that are cost appropriate, given the substance and nature of the type of decision involved. The process outlined in the proposed ordinance calls for the City and holder of the land use entitlement/appellant to each pay one-half of the cost of the hearing officer, unless a specific provision of the City Code provides otherwise. PROPOSED TEXT CHANGE (1) Add new Section 18.58.101 to be titled "Appointment of Neutral Hearing Officer" to read as follows: 1. If a decision regarding a land use entitlement is referred for consideration to a neutral hearing officer according to the provisions set forth in this chapter, the City shall arrange for a qualified hearing officer pursuant to any of the following methods selected in its sole discretion: (1) pursuant to an agreement for a qualified attorney with the California Office of Administrative Hearings; (2) pursuant to an agreement for a qualified attorney with the County of San Bernardino; (3) by mutual agreement with the holder of the land use entitlement/appellant; or (4) pursuant to any other method or agreement which satisfies applicable law. "Qualified attorney' means an attorney at law having been admitted to practice before the courts of this State for at least five (5) years prior to his/her appointment. Hearing officers shall be assigned to matters on a rotating basis to assure fair and impartial review and analysis of applicable issues. The City shall have no role in the selection, assignment or rotation of the hearing officers, except as provided for in (3) above when mutually selected with the appellant. 2. The City and holder of the land use entitlement/appellant shall each be responsible for paying one-half (1/2) of the fees and costs charged by the hearing officer, unless and except to the extent that a specific provision of this code provides otherwise. 3. Nothing contained in this section shall be construed to prohibit any person from seeking prompt judicial review of a decision of a city official regarding an activity protected by the First Amendment of the United States Constitution, as applicable. The City shall comply with all requirements provided for by the California Government Code, Code of Civil Procedure, or other applicable laws, rules or regulations necessary for prompt judicial review. (6) Add new Section 18.58.102 to be titled "Development agreements."