The presiding officer, in the conduct of the hearing, shall do the following:
(A) Commence the hearing, announce the nature and purpose of the hearing, and summarize the rules for the conduct of the hearing;
(B) Call for abstentions:
(1) Inquire of the deliberating body whether any member thereof wishes to abstain from participation in the hearing. Any member then announcing his or her abstention shall identify the reasons for abstaining and shall not participate in discussion of the proposal or vote on the proposal.
(2) Any member whose participation has been challenged by allegation of bias, prejudgment, personal interest, or partiality or who has been subject to significant ex-parte or prehearing contact with proponents or opponents may make a statement in response thereto or in explanation thereof, for the record, and his or her decision to participate in the hearing. This statement shall not be subject to cross-examination except upon consent of that member, but shall be subject to rebuttal by the proponent or opponent, as appropriate.
(C) Inquire of the audience whether there are any objections to the jurisdiction of the deliberating body to hear the matter, and if such objections are received, conduct such further inquiry as necessary to determine the question. The presiding officer shall terminate the hearing if his or her inquiry results in substantial evidence that the deliberating body lacks jurisdiction or the procedural requirements of the ordinance were not met. Any matter thus terminated shall, if the defect can be remedied, be rescheduled by the deliberating body;
(D) Summarize the nature of the proposal, explain any graphic or pictorial displays which are a part of the record summarize the staff report, summarize the findings and decision of the Planning Commission if on appeal to the City Council, and provide such other information as may be requested by the deliberating body. The presiding officer may request a representative of the Community Planning and Development Department or any other city officer or employee to perform this duty;
(E) Determine whether the proponent will conduct his or her case in person or by representative. The applicant-proponent shall first be heard and persons in favor of the proponent’s proposal shall next be heard;
(F) Allow opponents, upon recognition by the presiding officer, to submit questions directly to the proponents. Proponents shall be given a reasonable time to respond solely to these questions;
(G) Opponents shall be heard in the following order:
(1) Special organizations formed for the purpose of opposition, or other groups represented by counsel or a spokesperson shall be allowed by the presiding officer to first respond;
(2) Persons who received notice of the hearing or who were entitled to receive notice of the hearing are presumed to have an interest in the proposal and shall next be heard; and
(3) Persons who did not receive notice and who were not entitled to notice shall next be heard.
(H) Allow proponents, upon recognition of the presiding officer, to submit questions to opponents who have testified. Opponents shall be given a reasonable time to respond solely to the questions;
(I) Allow representatives of any city, state agency, regional authority, or municipal or quasi-municipal corporation existing pursuant to law to next be heard;
(J) Allow the proponent to offer rebuttal evidence and testimony; and
(K) The presiding officer shall conclude the hearing and thereon the deliberating body shall deliberate the proposal. The deliberating body shall either make its decisions and state its findings, which may incorporate findings proposed by the proponent, opponents, the staff, or may continue its deliberations to a subsequent meeting, the time and place of which must then be announced; but shall be within time limits established by ordinance. The subsequent meeting shall be for the purpose of continued deliberation and shall not allow for additional submission of testimony, except upon decision of the deliberating body.
(Res. 6, passed 9-8-1975)