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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.