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Home My WebLink About90-53 council meeting proceduresRESOLUTION NO. 90-53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING SECTION 29, PROVIDING RULES OF PROCEDURE FOR CITY COUNCIL HEARINGS, TO 'PROCEDURES OF CONDUCT OF THE CITY COUNCIL MEETINGS FOR THE CITY OF UKIAH'. WHEREAS, 1. In Resolution No. the City Council last adopted Procedures of Conduct of the City Council Meetings For the City of Ukiah; and 2. Those rules, as amended, do not presently address the conduct of public hearings; and 3. From time to time the City Council is required to conduct public hearings in which it is legally required to make a decision based on the evidence produced during the hearing or it is required to seriously consider evidence presented during the hearing; and 4. Frequently, lengthy written materials are submitted during or just prior to the opening of the public hearing which the Councilmembers cannot meaningfully review; and 5. It is desirable to establish rules of procedure for the guidance of the Council and the public in conducting public hearings to improve the quality of the decision-making process; NOW, THEREFORE, BE IT RESOLVED that: 1. Section 29 is added to Procedures of Conduct of the City Council Meetings for the City of Ukiah to read as follows: SECTION 29. Conduct of Public Hearinqs a. Public hearinq defined. A public hearing is any hearing which is publicly noticed by publication in a newspaper of general circulation, posting on affected property or mailing to affected parties. Generally, public hearings can be classified as quasi-judicial or quasi-legislative. A quasi-judicial deci- sion is any decision affecting one or a limited number of in- dividual applicants in which the City Council is legally required to make its decision based on the evidence presented during the hearing. Examples of such hearings include appeals from land use decisions by the Planning Commission such as those concerning use permits, variances, and site development permits. A quasi- legislative decision generally is a decision to make or amend rules affecting a whole class or large number of persons. The City Council is required to seriously consider evidence presented during quasi-legislative hearings but it is not legally required to base its decision exclusively on the evidence presented. Ex- amples of quasi-legislative decisions include the adoption or amendment of zoning ordinances, general plan amendments, and other ordinances. b. Submission of documents. In order to give adequate consideration to written documents the following rules shall apply. (1) Time of submission. Any written document, whether containing factual information or legal or policy arguments, ex- ceeding 250 words must be submitted to the City Clerk six (6) calendar days prior to the scheduled hearing date. Photographs or other graphic depictions may be filed at the hearing. (a) If the submission deadline falls on a legal holiday or week end, the document must be submitted the last working day prior to the submission deadline. (b) The City Council shall exclude from the record and not consider any document submitted after the submis- sion deadline, unless upon a motion by a councilmember a majority of the councilmembers present at the hearing vote to consider the document. A decision to consider a document not timely filed shall be considered automatic grounds to continue the hearing, although a continuance shall require a specific mo- tion adopted by a majority of the councilmembers present at the meet ing. (2) Manner of submission. Ail documents must be presented to the City Clerk for consideration at the hearing. No documents presented to the individual councilmembers prior to the hearing shall be considered as part of the hearing record. (a) To be considered an original and seven (7) copies must be filed with the City Clerk. (b) Upon receipt, the City Clerk shall date stamp as received the original and all copies. Upon request, the City Clerk will furnish the proponent of the document with a date stamped copy. The City Clerk shall immediately distribute copies of the submitted documents to the individual councilmembers, the City Manager and the City Attorney. The City Clerk shall retain the original and include that in the hearing record which the City Clerk shall compile and maintain. (3) Notice of hearing. Any notice of the hearing shall include a statement that anyone wishing the City Council to consider a document exceeding 250 words must submit the original document and seven (7) legible copies to the City Clerk not less than six (6) calendar days prior to the scheduled meeting date. c. Conduct of hearing. As presiding officer the Mayor shall conduct the hearing to promote an orderly presentation of the evidence by all parties. Subject to the following guidelines the Mayor shall use his or her discretion in presiding over the hearing. (1) Order of proof. Generally, all those supporting an application or measure shall present their evidence and argu- ment first. Those opposing the application or measure shall present their evidence and argument second. Those supporting the measure shall be allowed some additional time for rebuttal. If during the rebuttal project proponents present new argument or evidence, project opponents shall be allowed some additional time to rebut that new matter. (2) Time limitations. The Mayor may impose time limitations on all those wishing to present evidence or argument. The Mayor may prevent the presentation of irrelevant, repetitive or cumulative testimony or argument. (3) Viewing the site. (a) In quasi-judicial hearings involving specific property it shall be the duty of all councilmembers to view the site prior to the hearing. At the beginning of the hearing the Mayor shall poll the councilmembers to establish on the record whether they have viewed the site. If any councilmember indi- cates that he or she has not viewed the site, the hearing shall be continued to the next regular meeting date. In viewing the site no councilmember shall have any discussion with project proponents or opponents. (b) In quasi-legislative public hearings involv- ing specific property any councilmember may, but is not required, to view the site. In such hearings councilmembers may, but are not required, to reveal on the record whether they have viewed the site. (d) Makinq a decision. (a) In quasi-judicial hearings the City Council shall base its decision exclusively on the record, including documents submitted in accordance with this rule and testimony and oral argument presented during the hearing. Any motion deciding the matter shall include sufficient findings of fact to inform the parties of the basis on which the City Council made its decisions and to determine whether the decision is based on lawful principles. Where possible, the staff report to the City Council shall include proposed findings for City Council con- sideration. (b) In quasi-legislative hearings the City Coun- cil shall seriously consider all documents submitted in com- pliance with this rule and testimony and oral argument presented during the hearing. The motion deciding the matter need not in- clude specific findings of fact. The decision shall comply with any specific legal requirements applicable to the particular mat- ter. 2. Procedures for Conduct of the City Council Meetings for the City of Ukiah shall be republished to include the new Section 29 added by this resolution. PASSED AND ADOPTED this 6 day of June 1990, by the follow- ing roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson NOES: None ABSENT: N0ne .2)