2016-05-09-minutes-public-works-study-session

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way the contracts were let, the final cost assessed, or the method of computing the assessments, the administrator or engineer should be called upon to provide documentary and oral evidence showing why the actions which were taken were reasonable and the underlying reasons for such actions. 6. Concluding the Hearing A. Council Debate As noted above, a judge will evaluate the evidence of record to determine whether the council was arbitrary and capricious or proceeded on a fundamentally wrong basis. Usually, the judgewill be concerned with the arbitrary and capricious standard. He or she will be evaluating the record to determine whether there was willful and unreasoning action taken without regard or consideration of the facts and circumstances surrounding the challenged assessment. In this regard it is helpful to have the city council debate the evidence. If the judge sees that the matters which were presented are actually addressed by the council and discussed, he or she will be far less likely to interfere with the determination of the council members. This is another aspect of the final assessment roll hearing which should be governed by a policy established in advance of the hearing. B. Findings and Conclusions The LID statutes do not specifically require the city council to adopt findings of fact and conclusions of law with respectto the confirmation of thefinal assessment roll. However, our courts in the past have engaged in a steady process of analogizing zoning law to LID law. It is now established that findings of fact and conclusions of law are required with respect to zoning decisions. SeeParkridge v CityofSeatde, 89 Wn.2d 454,573 P.2d 359 (1978). This does not mean that the findings and conclusions must have the formality expected of a court pleading. It is helpful, however, on an assessment appeal to be able to refer to specific facts found by the city council and the conclusions drawn therefrom. This is a matter which should be discussed by the attorney used by the city to advise it during the final assessment process. C. Appeal Transcript Despite a city's best ettorts to intorm property owners and to build a record which is unassailable on appeal, it is inevitable that a property owner will, nevertheless, file an appeal. The LID statutes impose certain requirements upon the property ownerto perfect that appeal in the Superior Court in a speedy and timely fashion. This is another area in which the city should bend over backwards to comply as soon as possible with any requests made by a property owner in conjunction with that appeal. Therefore, if the employees of the city suspect that an appeal is going to be taken, steps should be taken to order the verbatim transcript from the court reporter and to assemble all documents which have been made exhibits at the final assessment roll hearing. In this way, as soon as the property owner requests certification from the city clerk of the transcript on the proceedings before the council, that appeal transcript can be supplied. if the property owner does not substantially comply with the requirements to perfect his or her appeal, the city can bring a motion to have the appeal dismissed entirely. It is surprising how often this occurs. 72 Local and Road hnprovament Districts Manual for Washington State SbM Edition