(a) Application of provisions: Hearing defined. The procedural rules of this section apply to hearings before the Council.
(b) Rights of interested persons. At the hearing, the Council shall afford any interested person or their authorized representative, or both, the opportunity to present evidence and statements, arguments or contentions orally and/or in writing.
(c) Presentation of evidence.
(1) Oral evidence. Oral evidence may be taken on oath or affirmation if requested by the Mayor or Council.
(2) Exhibits and documents. Documentary evidence, exhibits and documents used shall, unless otherwise directed, be considered as evidence and part of the record.
(3) Communications and petitions. All communications and petitions shall be read aloud either in full or by synopsis. A reading in full shall bemade at the request of any Councilmember. All such communications and petitions may be introduced into evidence at the discretion of the Council.
(4) Staff reports. If time provides, a written staff report should be prepared and orally reviewed as a part of the staff presentation. Such report shall be considered as evidence and part of the record.
(5) Large maps and displays. Large size maps and displays presented for use at the hearing shall be displayed in full view of the Council. When practicable, such maps or displays, or authentic reductions thereof, shall be introduced into evidence.
(6) Admissible evidence. The hearing need not be conducted according to technical rules of evidence. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Irrelevant and unduly repetitious evidence shall be excluded.
(d) Continuances. Any hearing may, by minute action, be continued to any subsequent regular or adjourned meeting.
(e) Decisions. Consistent with State law, the Council shall render a decision or determination on the matter within a reasonable period after the close of the hearing. Such decision or determination shall be by motion at a regular or adjourned meeting. Any Councilmember shall be disqualified from discussing, participating or voting on a matter who: (1) was not present during the entire hearing and did not review the written reports and submittals and view the full video of such missed portions; (2) has a conflict of financial interest in the matter; or (3) has a conflict or remote interest under Government Code Sections 1090 and 1091.
(f) Records. A verbatim mechanical recording may be made of the oral evidence presented at the hearing. Such recording, together with all documents, maps, exhibits and displays admitted into evidence, shall be retained for a period of one year after the date of the close of the hearing. In lieu of retaining such recording, a typewritten transcript thereof may be prepared which shall be retained for the same period of time.
(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 6, Ord. 1231-NS, eff. April 25, 1995, and § 7, Ord. 1711-NS, eff. 5-5-2023)