2.08.070 Public Hearings:
Prior to the start of the public hearing, the Mayor may require that all persons wishing to be heard sign in with the City Clerk, giving their names, addresses, the agenda item, and whether they wish to speak as a proponent, opponent, or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so and if time to speak is allowed by Council. At any public hearing, persons who have signed in and wish to be heard shall be given an opportunity to be heard. Individual speaker time is limited to a maximum of three (3) minutes. However, the Mayor shall be authorized to allow additional time if needed or if one (1) speaker represents multiple individuals and still maintains control of the presentations. The Mayor may change the order of speakers so that testimony is heard in the most logical groupings (i.e., proponents, opponents, adjacent owners, vested interests, etc.). The Mayor may reduce the amount of time permitted for each speaker if the number of speakers requires a reduction in time.
The public hearing is a formal opportunity for citizens to give their views for consideration in the legislative or policy decision-making process. In addition, public hearings are required on quasi-judicial actions which determine the legal rights, duties or privileges of specific parties.
The following procedures shall be adhered to during the hearing:
A. Legislative and Information Gathering.
1. The Mayor will open the public hearing and read the rules governing public testimony.
2. Staff will make their presentation.
3. The Mayor will ask if there are any questions from Council for staff.
4. The Mayor will open the hearing for public comments.
5. All comments by the public shall be made in an audible format, and any individual making comments shall first give his/her name and address. Anyone making “out of order” comments shall be subject to removal from the meeting. There will be no demonstrations, applause or other audience participation during or at the conclusion of anyone’s presentation. The Council is not allowed to acknowledge such expressions.
6. The Mayor will close the public hearing.
7. The Mayor will invite any additional comments from staff.
8. The Mayor will ask if Council has additional questions of staff.
9. Council discussion will ensue.
10. Council action will be taken.
B. Quasi-Judicial Closed Record Proceedings or Appeals.
1. The Mayor will open the closed record proceeding or appeal.
2. The Mayor (or the Deputy Mayor if this is a case of a potential conflict of interest violation by the Mayor) will ask if any Council member knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine.
3. Staff will make their presentation.
4. Proponent presentation will be made (fifteen (15) minutes).
5. Opponent presentation will be made (fifteen (15) minutes).
6. Proponent rebuttal will be heard.
7. Staff comments will be made.
8. The Mayor will close the closed record proceeding or appeal.
9. Council discussion will ensue.
10. Council action will be taken.
C. The following rules shall be observed for legislative/information gathering public hearings:
1. For an initial presentation of background information from a City department, board, commission, committee, or an organization, no more than twenty (20) minutes will be allowed unless otherwise authorized by the Mayor.
2. If a speaker purports to speak for an organization, club or others so as to lead Council to believe that a number of persons support a position, such person shall state how that position was developed by the group.
3. Comments should be limited to five (5) minutes.
4. The Mayor may allow additional time for receipt of written testimony when needed.
5. The City Clerk shall be the official timekeeper.
D. The following rules shall be observed for the quasi-judicial hearing body before which the hearing was held:
1. When the City Council considers a quasi-judicial matter in a closed record proceeding or appeal, no new evidence may be presented except on matters related to the conflict of interest or appearance of fairness challenge to a Council member. Oral argument shall be based solely on the record before the Planning Commission, Hearing Examiner, or other quasi-judicial hearing body before which the hearing was held.
2. If a quasi-judicial proceeding or appeal is on the agenda, the parties will be informed by the City Attorney as to what state law permits for comments.
3. Quasi-judicial hearings will be conducted in conformance to these procedures.
4. Presentations will be limited as set forth, except that the Mayor shall ask the rest of the Council members if they have any comments or questions before the presenter is excused. For example, if there are matters that should be addressed to ensure a complete record of the proceedings.
5. If comments are provided in writing, it is encouraged that such comments be filed with the City Clerk by 3:00 p.m. on the day of the Council meeting. If written comments are given, the presenter should provide eleven (11) copies for the Council and staff. (Ord. 2972, 5/25/21)