5.02.225 Hearing procedure.
A. If the police chief recommends approval of an application, the matter will be scheduled as a consent agenda item unless a council member requests a public hearing. Upon request of a council member or adverse recommendation by the police chief, a public hearing will be scheduled and notice given pursuant to BC 5.02.230.
B. The hearing will be presided over by the mayor or council president pursuant to the city charter.
C. The City and the applicant shall have the right to present evidence and witnesses and shall have the right to cross-examine witnesses presenting opposing testimony.
D. The applicant may be represented by legal counsel, but legal counsel shall not be provided at public expense.
E. The hearing shall be limited to production of evidence as alleged in the police chief’s recommendation, unless the council waives the rule or unless the hearing is pursuant to a council member request.
1. Oral evidence. Oral evidence shall be taken only on oath or affirmation.
2. Hearsay evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
3. Admissibility of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of their serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
4. Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded.
F. After due consideration of all pertinent information and testimony the council shall make its recommendation. The recommendation shall be based on substantial evidence relative to the criteria in this code and shall be final. In the case of an adverse recommendation, findings of fact shall be produced and forwarded to the commission along with the council recommendation against the application. [BC 5.02.225, added by Ordinance No. 3310, 1/4/83; amended by Ordinance No. 4794, 12/1/20]