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HomeMy WebLinkAboutTC Res 1975-06-09 (2) RESOLUTION NO. 729 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ESTABLISHING PROCEDURAL RULES FOR THE CONDUCT OF ZONING AND PLANNING HEARINGS. WHEREAS, Government Code Section 65804 requires that all local city zoning agencies develop and publish procedural rules for the conduct of zoning and planning hearings; NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIBURON: That the following procedural rules to apply to the conduct of zoning and planning hearings before the City Council are here- by adopted: RULES Article 1. General. Except as may be otherwise required by law for the conduct of a hearing on any particular matter, and provided also that the Council may at any time during any hearing deviate from or change the procedures hereinafter set forth in this Article whenever the Council deems it necessary to do so for the purpose of providing a fair and orderly hearing, the procedures herein- after set forth in the following sections of this Article shall govern the conduct of all hearings before the Council on matters which the Council is required by law- to conduct ,a zoning or planning hearing, provided further that such procedures are not binding on the Council and no action of the Council shall be affected or vitiated by any failure of the Council to follow such procedures. Except as may be otherwise required by law for the conduct of a hearing on any particular matter, the technical rules of evidence shall not apply; and as used hereinafter in this Article, the word "evidence" is not used in the limited sense of legally admissible evidence. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Witnesses will not ordinarily be sworn unless a specific request therefor is made prior to the hearing. Article 2. Time of Hearings; Continuances. The times and dates of zoning and planning hearings shall be' set by the Council. Starting at the respective times set for hearing, the matters on each of said hearing calendars will be called and heard in the order in which they appear on such calendars until proper dispos- ition has been made of such matters in accordance with law. Draft date: 5/13/75 Amended: 6/9/75 1. Subject to the requirements of law, any hearing before the Council may be continued by the Council from time to time. In continuing any such hearing, the Council shall specify the tbne and place at which the hearing will be continued. Article 3. Record of Hearing. When a matter is contested, and a written request is submitted to the City Clerk at least 48 hours before the com- mencement of the hearing, the City Clerk shall cause a record of such hearing to be made. If a hearing is tape recorded, a copy of the tape may be purchased at its reproduction cost from the City Clerk, provided that a deposit in an amount estimated by said Clerk to cover the cost of reproduction shall first be made. If any person desires to have a hearing reported by a stenographic reporter, he may employ one directly at his expense or he may request that the City Clerk arrange, also at the requesting party's expense, for a reporter. Any such request to arrange for a reporter shall be submitted to the Clerk in writing at least two working days before the hearing and shall be accompanied by a deposit of $100.00. Article 4. Staff Reports. (a) When a Planning Commission and/or a Planning staff written report exists, copies of such report shall be available for public inspection at the office of the City Clerk. (b) When any hearing is held on an application for a change of zone for parcels of at least ten acres, a written staff report with recommendations and the basis for such recommendations shall be filed as a part of the record of the hearing. Article 5. Agenda. Prior to the beginning of all City Council planning and zoning hearings, copies of the Council agenda shall be available at the office of the City Clerk. Article 6. Order of Proceedings. Hearings shall proceed in the following order: (a) Presentation and recommendation by the Director of Community Development or a member of his staff, with questioning, if any, of each person who makes an appearance upon conclusion of his presentation, pursuant to Article 8. (b) Presentation by all persons of evidence, testimony, statements, and arguments in favor of the matter which is being heard, with questioning, if any, of each person who makes an appearance upon conclusion of his presentation pursuant to Article 8; provided that if the matter which is being heard by the Council is before the Council on the petition of any person, then in such event, such petitioner shall have the right at his option to either begin or conclude the presentation in favor of his petition. Draft date: 5/13/75 2. (c) Presentation by all persons of evidence, testimony, statements, and arguments against the matter which is being heard, with question~ng, if any, of each person who makes an appearance upon conclusion of his present- ation, pursuant to Article 8. (d) If the matter which is being heard by the Council is before the Council on the petition of any person, then in such event such petitioner may, at the discretion of the Mayor, be permitted to present rebuttal evidence, testimony and statements. (e) Close of hearing and submission of matter for decision. Article 7. Discussion and Deliberation by Councilmen on Submitted Matters. After the hearing has been closed and the matter is submitted for decision, the members of the Council may discuss the matter among themselves. No other persons may speak and no further exhibits may be filed. Councilmen shall address one another only through the Mayor. Subject to the requirements of law, the Council may take under submission for a reasonable . period of time any matter which has been heard before it and may for this purpose continue its deliberations on such matter from time to time. In continuing such deliberations, the Council . shall specify the time and place at which such deliberations will be continued. Article 8. Questioning Through Mayor, By Whom Such Questioning May Be Done. Questioning of persons who appear and make a presentation may be permitted at ~he discretion of the Mayor. Such questioning as may be permitted by the Mayor, by persons in attendance, shall be done only through the Mayor. the Mayor. Any person requesting permission from the Mayor to ask such questions shall state his name, address, and whom he represents. The Mayor's decision on: (a) whether a person may be questioned at all; (b) who may ask questions of him; (c) the number of questions which may be asked of him; and (d) whether a particular question may be asked of him, shall be final; provided that the person being questioned may refuse to answer all or any of the questions asked of him. Article 10. Allowable Time for Presentation. All persons desiring to speak or make a presentation will be given a reasonable time to do so. The Mayor may at any time impose time limits with respect to any presentation, if he finds such action necessary to prevent abuse or to provide all inter- ested persons a fair and reasonable opportunity to be heard. It shall be the policy that all presentations be as brief and concise as reasonably possible, without unnecessary delay or repetition. Draft date: Amended: 5/13/75 6/9/75 3. Exhibits~ Markinf and Filing Thereof; Examination Thereot y Counc~ men. All documentary or real evidence which is presented to the Council at.a hearing shall be identified by the person presenting the same and shall be filed by him with the Council as an exhibit by submitting the same at such hearing to the City Clerk. The Clerk shall mark all such documentary and real evidence submitted to him as having been filed with the Council at such hearing, and shall designate the same by an appropriate exhibit number or letter. Documentary or real evidence submitted at the hearing shall not be considered by the Council unless it is filed with the Council as above provided. Article 11. All documentary or real evidence filed with the Council at a hearing may be examined by any Councilman at any time; provided, that Councilmen shall not comment on or ask questions about the same except during the hearing, nor discuss the same except during the discussion thereof among the Councilmen after the hearing has been closed and the matter stands submitted. Article 12. Ava~lability of Rules. Copies of these Rules shall be available, free of charge, at the office of the City Clerk during normal business hours. PASSED AND ADOPTED at a regular meeting of the City .Council of the City of Tiburon held on June 9th , 1975, by the following vote: AYES: Counc ilmen: Aramburu, Littman, Ellman, Ross, Tayer NOES: ABSENT : Counc ilmen : None Counc ilmen : None I Mayor ATTEST: ROB~~Clerk Draft date: 5/13/75 Amended: 6/9/75 4.