(A) During the public hearing, the Council shall receive oral or written evidence relevant to the matter being considered which shall become part of the record. The presiding officer, or any member of the Council through the presiding officer, may require the City Clerk/Deputy City Clerk to swear any person giving evidence at the time of the hearing on the matter under consideration, if in the opinion of the presiding officer or any member of the Council, the oath is necessary. Evidence received at public hearings provided for in this chapter shall be relevant and material to the issues before the Council; provided, however, that the rules of evidence as established by law for judicial proceedings in the State of California shall be substantially relaxed in order to afford a full presentation of the facts essential for judicious consideration by the Council of the matter which is the subject of public hearings. Failure on the part of the City Council to strictly enforce rules of evidence or to reject matters which may irrelevant or immaterial shall not affect the validity of the hearing. Any procedural errors which do not affect the substantial rights of the parties shall be disregarded. The Council may order the City Clerk/Deputy City Clerk to issue and the Chief of Police of his representative to serve subpoenas for attendance of any witnesses or for production of any records at a Council meeting with respect to any duly scheduled hearing.
(B) If there is a staff report, it shall be considered as evidence and shall become part of the record of a public hearing. Such report need not be read in full as part of the staff presentation. A synopsis of such report may be presented orally by staff members to the Council. In addition, any of the following may be presented to the City Council and, if presented, shall also become part of the record:
(1) Exhibits and documents used by the city staff and any person participating in the hearing;
(2) Maps and displays presented for use at the hearing; provided that, whenever practicable, they shall be displayed in full view of the participants and the audience;
(3) All communications and petitions concerning the subject matter of the hearing; provided that, a reading of such matters only shall be had at the request of a council member;
(4) Information obtained outside the council chambers, such as a view of the site, provided such information, to the extent it forms the basis for finding in a quasi-adjudicative matter, shall be disclosed for the record.
(C) All exhibits, reports, maps and other physical evidence placed before the Council shall be retained by the City Clerk/Deputy City Clerk. Such exhibits may be released by the Clerk with the approval of City Attorney. Items that are large, perishable, bulky or otherwise difficult to store may be returned to the person submitting the item provided that a photographic or videotape record of the item is retained by the City Clerk/Deputy City Clerk.
(Ord. 1205, passed 11-6-96)