Enclosed please find a confidential memorandum from the Legal Department regarding quasi-judicial proceedings. As a reminder, as the City Council hearing this appeal, you sit as "judges" in this matter. As such, you must remain impartial and unbiased. Further, you may not have any ex parte communications with appellants or respondents regarding the matters in this appeal. Finally, you may not hear this matter if you have a conflict of interest. Conflicts of interest arise if you have an interest in the property or the application, or own property within 300 feet of the property subject to the action or if you stand to gain or lose any financial benefit as a result of the outcome of the appeal. You will be asked to affirmatively answer questions on the record regarding these matters. More information can be found in the confidential memorandum included with this packet.
Only the appellant, WVSD, the City, and people who timely and properly filed complete written appeal statements can speak at the hearing. Comments are limited to the facts in the record and the matter on appeal.
This appeal is asking the City Council to evaluate the grading contours at the Apple Valley Elementary School property. This is the only issue on appeal in front of the City Council. No other portions of the Administrative Official’s modification decision were appealed, and no other portions of the decision may be discussed during argument. Similarly, you will find that there are instances in the record where other aspects of the modification application, decision, site, and situation are discussed. You are strongly cautioned that you not consider any information in the record that does not directly apply to the matter appealed—the grading contours of the Apple Valley Elementary School site. Any decision based on the evaluation of evidence not relevant to the appeal could be the basis to overturn the decision in a future appeal.
Please refer to the hearing packet which was distributed in the Council packet on November 1, 2021 and can be found online at: www.yakimawa.gov/council/agendas-and-minutes/. Additional documents submitted during the rebuttal period which ended November 2, 2021 are included in the record and attached to this agenda statement as Chapter CC. |