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<br />ATTY/POLICIES/A GUIDE TO CITY COUNCIL COMMUNICATIONS & BUSINESS <br />REV: 01/10/2018 Page 8 of 13 <br /> <br />3. If the item is not an appeal, then the applicant will have ten minutes to make a <br />presentation followed by public comment. <br /> <br />4. If the item is an appeal, then time shall be provided for one representative on both <br />sides of the appeal to make a presentation. Absent unusual circumstances in the <br />judgment of the Presiding Officer, each side shall have ten minutes to make a <br />presentation on the appeal. The appellant shall go first, then the applicant, and then <br />individuals may make public comment. <br />5. Where the appellant is the applicant, the appellant-applicant may make a ten (10) <br />minute presentation after the staff report, and public comment on the matter shall <br />follow. <br />6. In case there are two or more appellants, the time allowed for presentation shall be <br />a total of twenty (20) minutes divided among all appellants. In no event will an <br />individual appellant be given less than five (5) minutes for presentation. <br />7. In some cases, a designated spokesperson(s) appears on behalf of an individual or a <br />group to present the case of the applicant or appellant. Because the applicant <br />and/or appellant is given more time than others, applicants and appellants should <br />not additionally speak during public comment, regardless of whether the applicant <br />or appellant spoke or whether represented by a spokesperson, on the item so as to <br />avoid the inequity of some parties obtaining more time than others. A party may <br />have more than one spokesperson such as the applicant and an attorney or an <br />attorney and an engineer, and they may all speak but within the total time allotted <br />to that one party. <br /> <br />B. Public Comment. The General Rules for all public comment apply (see above). <br />C. Rules of Evidence Do Not Apply. The City Council and its subordinate agencies as well as <br />staff are not partisans on any side of any land use dispute but are charged with making <br />decisions in the best interests of the entire City after weighing all input, and this process <br />is a means of addressing divergent community interests. Accordingly, the rules of <br />evidence and other such legal procedures do not apply. <br />D. Ex Parte Communications. Constituents have a reasonable expectation that they may <br />engage their elected officials on matters of community concern such as land use matters <br />which are often controversial. However, interested persons also have a right to know <br />what a Council Member considers as supporting information in making certain decisions <br />and may feel that the proceeding was not fair when a public official has ex parte <br />communications (communications that occur outside of a public hearing) on a matter <br />that is before or likely to come before the City Council. <br />The City Council wishes to balance its commitment to transparency in government and <br />its obligation to provide a fair process. Accordingly, the following are suggested as best <br />practices: <br />6.1.D. - Page 10