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Upon the timely filing of a notice of appeal in proper form, the city clerk shall schedule the matter promptly upon the city council agenda at a subsequent regular meeting and shall cause notice thereof to be given the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant. The city clerk shall also cause a copy of the notice of appeal to be transmitted to the official or body whose action has been appealed from.
(Ord. 3 § 1 (part), 1991: prior code § 2.04.120)
A. The city council at the hearing may limit participation in the hearing to the directly interested parties, or may allow participation by the public. Such public participation, however, shall only be appropriate when the council deems the same necessary in the public interest. If a hearing is ordered open to public participation, notice thereof shall be given by publishing notice of the same in a newspaper of general circulation in the city not less than five days prior to the date of such hearing, and by such other means as the city council deems necessary.
B. At the time of consideration of the appeal by the city council the appellant shall be limited to a presentation on the specific grounds of appeal and matters set forth in his or her notice of appeal and shall have the burden of establishing cause why the action appealed from should be altered, reversed or modified. The council may continue the matter from time to time, and at the conclusion of its consideration may affirm, reverse or modify the action appealed from and may take any action which might have been legally taken in the first instance by the official or body from whose action the appeal has been taken. In ruling on the appeal the findings and action of the council shall be final and conclusive in the matter. (Ord. 3 § 1 (part), 1991: prior code § 2.04.130)
The provisions of Section 1094.6 of the Code of Civil Procedure of the state are adopted by the city council, and the provisions are made applicable in the city as further specified in Section 2.28.060 of this chapter.
(Ord. 3 § 1 (part), 1991: prior code § 2.50.010)
The provisions of this section and Section 2.28.050 shall be applicable to "decisions," as defined by Section 1094.6 of the Code of Civil Procedure of the state, that are final on and after July 1, 1992.
(Ord. 3 § 1 (part), 1991: prior code § 2.50.020)