1 CITY OF CAMARILLO
Appeal Hearing Procedures for
The Appeal of Phillip Wayne Hall, Sr. and Connie S. Hall to the City of Camarillo City Council
Hearing Date: February 13, 2024 at 5:00 p.m.
The following hearing procedures will apply for the appeal submitted by Phillip Wayne Hall, Sr. and Connie S. Hall ( collectively, “Appellant”) to the City Council for the City of Camarillo (“City Council”) regarding the Department of Public Work’s (“Respondent”) denial of an encroachment permit for a wall and driveway that was built at 651 Corte Castano, CA 93010 (“Appeal”).
1. Appeal Standard; Bias; Burden of Proof:
a. The City Council will consider the Appeal de novo, meaning City Council will hear the matter anew and is not required to defer to the findings of fact or determinations of any other decision maker.
b. All councilmembers must be impartial and free of bias for or against Appellant and Respondent. For example, no councilmembers can have a financial interest in the outcome of the Appeal. Biased decision makers must abstain from participating in the Appeal hearing.
c. Appellant has the burden of demonstrating, based only on evidence submitted during the Appeal hearing, that that Respondent improperly denied the encroachment permit.
2. Appeal Briefs:
a. Appellant may submit a Statement of Appeal no later than 4:30 PM PST on February 7, 2024.
b. Respondent may file a Respondent’s Brief no later than 4:30 PM PST on February 12, 2024.
c. The Statement of Appeal and Respondent’s Brief shall be no longer than ten (10) double-spaced pages with a minimum of 12 -point font, exclusive of exhibits. The Statement of Appeal and Respondent’s Brief, if submitted, shall be submitted either by email to following email address: [email protected] or by mail or hand delivery to 601 Carmen Drive, Camarillo, California 93010 (Attn: City Clerk). A copy of the Statement of Appeal and Respondent’s Brief shall also be sent to the opposing party.
2 d. If a Statement of Appeal or Respondent’s Brief is submitted late and/or does not comply with the requirements stated herein, the City Council, in its sole discretion, may reject and not consider it with the Appeal.
e. The Statement of Appeal and Respondent’s Brief , together with the exhibits attached thereto, are considered public records and subject to public review.
3. Public Comment: Members of the public may submit written materials and comment letters in support of or opposition to the Appeal. Such materials and comments may be submitted either electronically here: https://cityofcamarillo.jotform.com/forms/public-comment or by mail or hand delivery to 601 Carmen Drive, Camarillo, California 93010 (Attn: City Clerk). If your written comment is received by 3:00 PM PST on the Hearing Date, the City Clerk will distribute copies of your comments to all councilmembers prior to the Appeal hearing.
4. Ralph M. Brown Act: This Appeal hearing shall be noticed and conducted consistent with the requirements of the Brown Act and shall not interfere with the public’s rights to participate in the Appeal hearing pursuant to the Brown Act.
5. Ex-Parte Communications; Investigations:
a. City Council shall make its decision only based on oral and/or written evidence that was introduced at the hearing. Councilmembers cannot act upon their own information or information learned through an ex -parte communication from or on behalf of Appellant or Respondent. If any councilmember receives an ex -parte communication from or on behalf of Appellant or Respondent relating to the Appeal, it must be disclosed during the hearing.
b. If any councilmember conducted a site visit in advance of the Appeal hearing, said member must describe at the beginning of the hearing the facts and/or conditions observed at the Property that he/she/they consider relevant.
6. The Hearing:
a. Appellant and Respondent must be present in person at the Appeal hearing. The Appeal hearing will take place at the Camarillo Public Library Community Room located at 4101 Las Posas Road, Camarillo, CA 93010.
b. The Mayor will preside over the Appeal hearing.
c. The hearing will not be recorded by a stenographer, but may be recorded electronically in the ordinary course of City business.
d. The rules of evidence do not apply to the Appeal hearing. e. The hearing will be conducted as follows:
i. Appellant will present first. Appellant, and any consultants, experts, attorneys, or advisors, will have a total of fifteen (15) minutes to present relevant evidence and testimony on behalf of Appellant. Upon the expiration of the fifteen (15) minutes, councilmembers may ask questions of or seek clarification from 3 Appellant or its consultants, experts, attorneys, or advisors. No live witness questioning is permitted. In connection with the Appeal hearing, Appellant will have no subpoena power and no right to compel testimony. ii. Respondent will present second. Respondent, and any consultants, experts, attorneys, or advisors, will have fifteen (15) minutes to present relevant evidence and testimony on behalf of Respondent . Upon the expiration of the fifteen (15) minutes, councilmembers may ask questions of or seek clarification from Respondent or its consultants, experts, attorneys, or advisors . No live witness questioning is permitted. In connection with the Appeal hearing, Respondent will have no subpoena power and no right to compel testimony. iii. Next, members of the public will have an opportunity to provide public comments. Commenters will have three (3) minutes to speak. iv. After the public comment period, each Appellant and Respondent will have a five (5) minute rebuttal period, with Appellant having the opportunity to offer its rebuttal, if any, first. Respondent will have the opportunity to offer rebuttal, if any, second.
v. At the conclusion of the rebuttal period, councilmembers will again have the opportunity to ask questions of and seek clarification from Appellant, Respondent, or their respective consultants, experts, attorneys, or advisors. f. After Appellant and Respondent have had the opportunity to present its case and offer rebuttal, and after all of City Council’s questions have been asked, City Council will deliberate and render its decision on the appeal.
The undersigned acknowledge that they received a copy of these Appeal hearing procedures before the Hearing Date and agree that the procedures set out above will apply to the Appeal hearing.
Appellant
__________________________
Phillip Wayne Hall, Jr., on behalf
of Appellant
Respondent
__________________________
Brian Hamblet, on behalf of Respondent