001-11 - Resolution - Set hearing date Engley Diversified appeal hearing examiner's decision no. 2010-01 and cross appealIntroduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 001-11
City Clerk
City Clerk
City Attorney
January 11, 2011
January 11, 2011
A RESOLUTION OF THE CITY OF PORT
ORCHARD, WASHINGTON, SETTING A
HEARING DATE AND ESTABLISHING
PROCEDURES FOR ENGLEY DIVERSIFIED'S
APPEAL OF THE HEARING EXAMINER'S
DECISION, No. 2010-01 AND THE CITY'S
CROSS APPEAL
WHEREAS, Engley Diversified, Inc. D/B/A Gotcha Covered Media (Engley) has
filed an appeal of the hearing examiner's decision in matter No. 2010-01, upholding the
City's determination that the billboards sought by Engley are not allowed pursuant to
City Code and the City of Port Orchard has filed a cross appeal concerning the hearing
examiner's denial of the City's motion to dismiss; and
WHEREAS, pursuant to POMC 2.76.140(1), all appeals of a decision of the
hearing examiner are heard by the City Council; and
WHEREAS, the procedures on appeal are generally set forth in POMC 2.76.140
and .150 but the City Council must set a specific hearing date and time, and establish
certain other appellate procedures for the convenience of the parties; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
SECfiON 1. Hearing Date. The hearing before the City Council on the appeal
and cross appeal of the hearing examiner's decision in the matter of Engley Diversified,
Inc. D/B/A Gotcha Covered Media (Engley), No. 2010-01, shall be heard on February
22, 2011, at 6:oo p.m. in Port Orchard City Council Chambers, 216 Prospect Street, Port
Orchard, Washington.
SECTION 2. Procedure on Appeal. Because this matter involves cross review,
the parties shall comply with the following requirements regarding the submittal of
briefs and page length, based on Washington Rule of Appellate Procedure (RAP) 10.1(f):
a) Engley (as appellant) and the City (as cross appellant) may each file an initial brief
not later than 14 calendar days before the hearing, said brief shall not exceed 25 pages in
length; b) Engley (as cross respondent) and the City (as respondent) may each file a
responsive brief not later than 7 calendar days before the hearing, said brief shall not
exceed 15 pages; c) Engley (as appellant) and the City (as cross appellant) may each file
Resolution No . 001-11
Page 2 of2
a reply brief not later than 2 calendar days before the hearing, said brief shall not exceed
10 pages; and d) the content and format of the briefs shall be consistent with RAP 10.3
(a)-(c) and 10-4(a), (c), and (e) -(g).
SECTION 3· Oral Argument. As authorized by POMC 2.76.150(6), the parties
shall each have 20 minutes for oral argument; provided, Engley may reserve a portion of
its 20 minutes for rebuttal as to the issues it has appealed and the City may reserve a
portion of its 20 minutes for rebuttal as to issues it has cross appealed.
SECTION 4· Except as expressly modified and set forth in this Resolution, all of
the procedures and requirements for appeals of a hearing examiner's decision to the City
Council shall remain in full force and effect as set forth in the Port Orchard Municipal
Code.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this nth day of January 2011.