2.36.040 Presiding officer – Powers and duties.
The presiding officer, in the conduct of the hearing, shall:
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 council or planning commission whether any member thereof wishes to abstain from participation in the hearing. Any councilman or planning commission member then announcing his abstention shall identify the reasons for abstaining and shall not participate in discussion of the proposal or vote on the proposal. His abstention shall not be considered as a vote for or against the matter in question, although his presence shall be considered for purposes of establishing a quorum;
2. Any councilman or planning commission 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 in his 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. Objections to Jurisdiction. Inquire of the audience whether there are any objections to the jurisdiction of the council or planning commission, as the case may be, 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 inquiry results in substantial evidence that the council or planning commission 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.
D. Staff Report, Planning Commission Recommendation, Etc. The presiding officer may request a city officer or employee to 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 or other appropriate board or agency and provide such other information as may be requested by the body conducting the hearing.
E. Proponent’s Case. Determine whether the proponent will conduct his 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. Cross – Examination of Proponents. Allow opponents, upon recognition by the presiding officer, to submit questions to the proponents through the presiding officer. Proponents shall be given a reasonable time to respond solely to the questions.
G. Opponent’s Case. Opponents shall be heard in tile following order:
1. Neighborhood associations, special organization formed for the purpose of opposition or other groups represented by counsel or a spokesman shall be allowed by the presiding officer to first proceed;
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;
3. Persons who did not receive notice and who were not entitled to notice shall next be heard.
H. Cross – Examination of Opponents. 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. Public Agencies. Allow representatives of any city, state agency, regional authority, or municipal or quasi-municipal corporation existing pursuant to law to next be heard.
J. Rebuttal Evidence. Allow the proponent to offer rebuttal evidence and testimony.
K. Close of Hearing and Deliberation by Council or Planning Commission. The presiding officer shall conclude the hearing and the council or planning commission, as the case may be, shall deliberate the proposal. The council or planning commission shall either make its decision and state its findings, which may incorporate findings proposed by the proponent, opponents, the staff, or the planning commission, or may continue its deliberations to a subsequent meeting, the time and place of which must then be announced. 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 council or planning commission. (Ord. 3682 §6, 1973).