HomeMy WebLinkAboutAdopt Resolution No. 2020-88 Delegating Authority to Hearing ;1PPK6V&D 0- e
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_ City of Huntington Beach
File #: 20-2102 MEETING DATE: 12/21/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Dahle Bulosan, Chief Financial Officer
Subject:
Adopt Resolution No. 2020-88 delegating authority to a hearing officer to determine all
questions raised on appeals filed by any person aggrieved by any decision of the Finance
Director regarding revocation or suspension of a business license
Statement of Issue:
The City Council is being asked to adopt Resolution No. 2020-88 authorizing a hearing officer to
conduct all appeals regarding the Finance Director's decision to revoke or suspend a business
license, in accordance with the Huntington Beach Municipal Code.
Financial Impact:
An independent hearing officer will be contracted to perform as-needed appeal hearings. Cost for
such hearings would be minimal (estimated to be $200-$400), and paid for with current
appropriations in the Finance Department budget (business unit 10035209). In addition, the
business will be required to pay the business license revocation fee upon request for a hearing,
which is currently set at $329. No additional appropriations are necessary, as requests for hearings
are infrequent in nature.
Recommended Action:
Adopt Resolution No. 2020-88, "A Resolution of the City Council of the City of Huntington Beach
Delegating Authority to a Hearing Officer to Determine Appeals of the Finance Director Regarding
Revocation or Suspension of a Business License."
Alternative Action(s):
Do not adopt the Resolution and direct staff accordingly to comply with the Huntington Beach
Municipal Code requirement.
Analysis:
The Finance Director, according to the Huntington Beach Municipal Code (HBMC) 5.08.300, has the
authority to suspend or permanently revoke a business license if the business is determined to
operate "in such a manner as to be detrimental to the public health, morals or safety of the general
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File #: 20-2102 MEETING DATE: 12/21/2020
public or shall permit the violation of City ordinances, state laws or the laws of the United States of
America within its licensed establishment."
HBMC 5.08.310 provides that any person aggrieved by any decision of the Finance Director, under
Huntington Beach Municipal Code Chapters 5.04 through 5.16, may file an appeal with the City Clerk
within 15 days of the date of mailing of the notice of revocation or suspension, and at the time of such
filing, pay a fee as adopted by resolution of the City Council. The current business license revocation
fee is $329. HBMC 5.08.320 provides that the City Council, or their designee, shall have authority to
determine all questions raised on such appeal. The decision of the City Council or their designee is
final. Staff recommends that the City Council resolve that a hearing officer be contracted as a neutral
third party arbiter of such appeals.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2020-88, "A Resolution of the City Council of the City of Huntington Beach
Delegating Authority to a Hearing Officer to Determine Appeals of the Finance Director
Regarding Revocation or Suspension of a Business License."
City of Huntington Beach Page 2 of 2 Printed on 12/16/2020
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RESOLUTION NO. 2020-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DELEGATING AUTHORITY TO A
HEARING OFFICER TO DETERMINE APPEALS OF THE FINANCE
DIRECTOR REGARDING REVOCATION OR SUSPENSION OF A
BUSINESS LICENSE
WHEREAS, The Huntington Beach Municipal Code 5.08.310 provides that any person
aggrieved by any decision of the Finance Director under Huntington Beach Municipal Code
Chapters 5.04 through 5.16 may file an appeal with the City Clerk within 15 days of the date of
mailing of the notice of revocation or suspension, and, at the time of such filing, pay a fee as
adopted by resolution of the City Council; and
The City Council, or their designee, has the authority to determine all questions raised
on such appeal. The decision of the City Council or their designee is final.
The City Council desires to delegate authority to a hearing officer to determine all
questions raised on the appeal of the denial or revocation of a business license.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
Appeals filed regarding the Finance Directors decision to revoke or suspend a
business license pursuant to the Huntington Beach Municipal Code 5.08.301, shall be
conducted by a hearing officer hired by the City.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 21 st day of December, 020.
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Manager -7 City Attorney
INITIATED AND APPROVED:
C ief Financial Officer
20-9228/241221
Res. No. 2020-88
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on December 21, 2020 by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Moser, Delgleize
NOES: Posey
ABSENT: None
RECUSE: None
4q4st,
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California