(A) The City Manager may, at his or her sole discretion, refer to a hearing officer any controversy or claim arising out of or relating to the franchise or its existence, construction, interpretation, performance, enforcement, operation, breach, continuance or termination. Such hearing proceedings shall be initiated by the City Manager by written notice to grantee.
(B) The hearing officer shall be a retired California Superior Court Judge, retired Appellate Court Judge, retired Federal Court Judge, or other qualified and experienced officer, and shall be selected by the City Manager at his or her sole discretion.
(C) The hearing officer shall commence a hearing within 90 days of his or her selection unless the parties and the hearing officer otherwise agree in writing.
(D) Any party to the hearing may issue to the other party a request for production of documents, and/or a total of not more than 25 written interrogatories, and shall be provided with an appropriate response thereto, in the manner and form prescribed by California Code of Civil Procedure Sections 2030 and 2031. Any dispute that is not resolved after a good faith attempt to "meet and confer" shall be submitted to the hearing officer for resolution, and the hearing officer's determinations as to such matter (which may include imposition of appropriate sanctions) shall be final. Neither party shall be required to make any other form of discovery available to the other party.
(E) The hearing officer shall be vested with quasi-judicial authority, and shall be empowered to (i) order grantee to undertake remedial action to cure any breach of its obligations under its franchise, (ii) assess liquidated damages and/or levy a penalty upon grantee in accordance with the terms of this chapter and the franchise agreement, (iii) determine that grantee has not violated any of its obligations under its franchise and/or (iv) terminate the franchise. The hearing officer shall enter conclusions of law and findings of fact which must be supported by a preponderance of the evidence.
(F) Except as may be apportioned by the hearing officer in his or her discretion, each party shall bear one-half of the fees and expenses of the hearing officer, together with any other expenses of the hearing proceedings incurred or approved by the hearing officer. Each party shall bear its own witness and attorneys' fees or other expenses.
(G) Failure of grantee to fully and promptly comply with an order of a hearing officer shall be deemed a material breach of the franchise.
(H) The decision of the hearing officer shall be final and subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5.
(Ord. 4315, passed 11-12-96)