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Minutes 01-30-04 MZNUTES OF THE AGENDA PREVZEW CONFERENCE HELD ZN CONFERENCE ROOM C, WEST WZNG, cTrY HALL, BOYNTON BEACH~ FLORZDA ON FRZDAY; 3ANUARY 30~ 2004 AT 10:00 A.M. Present Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Absent Carl McKoy, Commissioner Mayor Taylor called the meeting to order at 10:00 a.m. ~.A. Informational Ttems by Members of the City Commission Vice Mayor Ferguson and Commissioner Ensler said that they would have comments regarding the Golf Course. Tt was assumed that there would be comments from the public also. V.A. Appointments to be made Mayor Taylor reported that a member of the public would be at the Commission meeting to suggest that the Commission consider combining some of the advisory boards. Mayor Taylor requested a printout of the commissioners' future appointments. City Clerk Prainito explained that the Clerk's Office would be sending letters and applications to members whose terms are expiring and a list would be given to the Commissioners in March. Mayor Taylor said that he was referring to an advisory board rotation schedule. This will be provided to the Commissioners. VT.C.3. Proposed Resolution Re: Agreement for Water Service Outside the City Limits with 3ose Rodriguez for the property at 1094 Alto Road, Lantana, Florida (Lots 29:L & 292, Ridge Grove Addition 1) Since the City is obligated to provide water, Vice Mayor Ferguson asked why these Water Service Agreements must come before the Commission. City Attorney Cherof explained that these agreements contain a provision that compels the property to be annexed into the City. Therefore, these agreements are formal land transition documents that the Commission should approve. VT.D.:L Venetian Villas (NWSP 03-021) :It was the consensus of the Commission that item D.! would be pulled from the Consent agenda at the Commission meeting. Meeting Minutes Agenda Preview Conference Bovnton Bepch, FIQridp .l~nuarY 30, 2004 VT.D.4. Calvary Chapel of Boynton Beach (SPTE 03-007), 3190 Hypeluxo Road, West of Congress Avenue, South of Hypeluxo Road - Request for I year time extension of the site plan approval granted on December 4, 2001 to December 4, 2004 Tt was pointed out that this was the second one-year time extension for this project. The site plan was originally approved on December 4, 2001. An extension was previously granted from December 2002 to December 2003. The wording on the agenda will be changed to reflect this. V:[IT.D. The Ocean District Community Redevelopment Plan (1~ reading of Proposed Ordinance) City Manager Bressner explained that the CRA approved this plan. However, some things have occurred since this document was prepared. There was the recent approval, in concept, of the Old High School by the Commission, the reaffirmation of the Library and discussion at the CIP Workshop regarding a public safety building. He spoke regarding the campus area extending from Boynton Beach Boulevard south to the Library, between Seacrest Boulevard and 1~ Street. He suggested that a task team be created that would consist of the CRA Director, the City Manager, one Commissioner and one CRA member. They would provide some policy guidance, focus on the municipal campus area and focus discussion on capital improvements in the area. Mayor Taylor was in favor of the task team. Commissioner McCray felt that the Mayor or Vice Mayor should be on the team rather than a Commissioner. Vice Mayor Ferguson volunteered to be a member. Commissioner Ensler wanted to be involved also. Commissioner Ensler asked how this Plan fits in with the Town Square, Boynton Beach Boulevard Corridor Plan and the Heart of Boynton. Quintus Greene, Development Director, explained that the Ocean District Community Redevelopment Plan grew out of the need to update the CRA Plan. The CRA boundaries were modified several times but the Plan had not been updated. Rather than try to do the entire CRA at one time, it was divided into five sections. These are the Federal Highway Corridor Plan, the Heart of Boynton, the Ocean District, the Boynton Beach Boulevard Corridor and the Industrial Avenue Corridor. The first two sections are completed. The Ocean District includes the campus area. During the community meetings for the Ocean District Plan, there was an even split in the community regarding whether the Old High School should remain. This new Plan has two alternatives, one with the high school and one without it. The only differences between the two versions are whether the high school stays and the location of a parking structure. The Plan includes the expansion of the Library and allows for a new Civic Center and a new public building, either a City Hall Annex or a public safety building. Commissioner Ensler asked what the approval of this Plan would do. Mr. Greene said that the approval would update three-fifths of the CRA Plan. The Plan is subject to adjustments. Meeting Minutes Agenda Preview Conference BQyntQn BePch, FIQri;Ip JPnPary30.2004 VII:[.E. Notice of :[ntent (Resolution No. R04-016) to adopt pending Land Development Amendment - :[nfill Planned Unit Development (:[PUD) City Attorney Cherof explained that the process requires that the resolution be announced at one Commission meeting and the public hearing be held at the following meeting so that the public has the opportunity to be heard. The resolution was approved at the previous Commission meeting. Following this public hearing, the Commission could continue the study period, cancel it or modify it. Vice Mayor Ferguson asked how many pending incomplete applications there were. Mike Rumpf, Planning & Zoning Director, explained that there were none except for an application submitted by Bob Brown many months ago, before the idea of the Notice of Intent. This application was deemed incomplete. There was no application fee, survey or property owners listing. However, this application was not for an TPUD but a mixed-use Iow. ZX.A. Commission consideration of the Basis of Design Review packet information for the West Water Treatment Plant Expansion bid phase Commissioner McCray suggested that this be discussed at the following Commission meeting to give the Commissioners additional time to read everything. Dale Sugerman, Assistant City Manager, explained that the information received by the Commission was only a portion of the packet. There are two more 3-ring binders in the City Manager's Office that make up the full contents of what the Commission had asked to look at. He noted that the bidding has been put on hold pending the Commission's decision to allow staff to move forward. X.B. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (February 2004) City Manager Bressner reported that the Cemetery Board reopened discussion on this matter but they have not made any decision on whether they are going to recommend expansion of the Cemetery. Commissioner Ensler felt that it was in the best interest of the City to no longer consider the Cemetery expansion because of the location of the wellfields and the financial impact to the City. He felt that encouraging the Board to continue those discussions might be a waste of their time. City Manager Bressner suggested placing this item on the Commission agenda for discussion at the second meeting in February. 3 Meeting Minutes Agenda Preview Conference Bovnton Beach, Florida 3anu~ry30,2004 Other There was discussion regarding having a joint workshop with the CRA. Vice Mayor Ferguson felt that a workshop twice a year would be sufficient. He would like to see a quarterly report from the CRA regarding various projects. Mayor Taylor, Commissioner Ensler and Commissioner McCray were in favor of quarterly meetings. Tt was the consensus of the Commission to tentatively schedule the workshop for March 15th at 6:30 p.m. City Attorney Cherof distributed two draft ordinances regarding quasi-judicial boards. Copies are on file in the Office of the City Clerk. The ordinances deal with formalizing and applying a code section, which does not exist now. They also relate to how the chairs are appointed and how notices of quasi-judicial hearings are provided. He requested that this item be added to the agenda so that he could give the Commission an overview of why this package is moving forward. The ordinances would not be acted on until a later meeting. City Attorney Cherof explained that there was a mediation settlement reached last week. Therefore, when the Commission returns from their closed-door session on February 3rd, there should be a public discussion and action on the proposed settlement. Vice Mayor Ferguson requested that an item be added under Unfinished Business. Since the Commission approved the Boynton Delray Academy at the previous Commission meeting, he felt that the Commission should affirm to the CRA that they should give special consideration to the fa(;ade grant of $15,000. There being no further business to be discussed, the Agenda Preview meeting properly adjourned at 10:40 a.m. A'FrEST: Deputy City Cle~rk (one tape - 2/5/0,l) ClTY OF BOYNTON BEACH c6mM~issionep,~,,,,.. ' ~.~ ~' _J 4 --~xhibit - Agenda Preview Conf. -- 1/30/04 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 39 Draft Staff Review Pending ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES TO ADD AN NEW ARTICLE XII ENTITLED QUASI-JUDICIAL BOARDS; ESTABLISHING A PROCEDURE FOR CREATION, CONSOLIDATION AND ABOLISHMENT OF QUASI-JUDICIAL BOARDS; APPOINTMENT OF MEMBERS TO QUASI-JUDICIAL BOARDS, BOARD DUTIES AND RESPONSIBILITIES, TERMS OF BOARD MEMBERS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to enact a written procedure for appointment of quasi-judicial Boards, outlining Board duties and responsibilities, qualifications, terms of service, roles of procedure and ethical conduct governing the appointees in the performance of their designated duties; and WHEREAS, this Ordinance will serve as a valuable reference guide for all those in whom the Commission and the public has placed its trust; and WItEREAS, the City Commission of the City of Boynton Beach has determined that the enactment of this Ordinance is in the best interests of the citizens of the City of Boynton Beach, protects the integrity of City government, fosters public confidence in the actions of the City, and will assist in ensuring that the City's elected and appointed officials abide by the highest ethical standards; and NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Boynton Beach, Florida, as follows: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2. Administration is hereby amended by adding a new Article XII, entitled "Quasi-Judicial Boards", as follows: ARTICLE XlI. QUASI-JUDICIAL BOARDS 1 S:\CA\Ordinances\draft ordinance\Quasi-judicial boards O12004.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 26 27 28 2-160 Authority of Commission Except as otherwise provided by law, the City Commission may, by ordinance, create, modify, consolidate, or abolish quasi-judicial Boards (hereinafter "Boards") to assist the City Commission in exercising the powers granted to the Commission by the Municipal Home Rule Powers Act. 2-161 Chair and Vice-Chair The City Commission, at the last Commission meeting in March of each year, commencing March 2004, shall appoint the Chair and Vice-Chair of all Boards. The term of appointment to the position of Chair or Vice Chair of a Board is one (1) year commencing the first Tuesday in April following appoiflt. Board members may be appointed to consecutive terms as Chair or Vice Chair, not to exceed three (3) consecutive terms. The Chair or Vice Chair of a Board may be removed as Chair or Vice-Chair prior to the expiration of his/her appointment by majority vote of the Commission. The removal of the Chair or Vice-Chair shall have no effect on their status as an appointed member of the Board. 2-162 Ratification of Existing Boards The powers and duties of the following quasi-judicial Boards, which exist on the date of enactment of this ordinance, are hereby ratified: Name of Board Date Created Enacting Ord. Number of Members Code 9/18/79 79-28 Regular: 7 Enforcement Alternates: 2 Board Nuisance 10/20/87 87-39 Regular: 5 Abatement Alternates: 1 Board Building Board 3/16/76 76-11 Regular: 7 of Adjustment & Alternates: 2 Appeal Planning and 1/19/71 71-1 Regular: 7 Development Alternates: 2 Board 2 S:\CA\Ordinances\draft ordinance\Quasi-judicial boards 012004.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 2-163 Qualifications for Board Appointment Except when otherwise established by state statute, the City Commission shall determine the qualifications necessary to serve on City Boards. 2-164 Appointment Members of the City Commission, on a rotating basis, shall nominate Board Members for appointment. If a member of the Commission makes no objection to the appointment, the nominee shall be deemed appointed by consensus. If an objection is raised, a separate voice vote shall be required to make the appointment. 2-165 Removal of Board Members Board members appointed to Boards that are created by general law, special act, or City charter, may be removed or suspended in accordance with the procedures set forth in § 112.501, Florida Statutes. All other Board members are subject to removal or suspension, with or without statement of cause, by majority vote of the City Commission. 2-166 Absenteeism and Resignation A Board member who is absent from three (3) Board meetings in one year shall be deemed to have resigned he/her seat on the Board. The Commission shall thereafter declare and fill the vacancy for the balance of the Board members term. A Board member who is replaced for reason of absenteeism may not qualify for appointment to any City Board for a period of twelve (12) months from declaration of vacancy. 2-167 Limitation on Appointments In addition to the requirements of Sec 2-16 of the Code of Ordinances: No person shall be appointed by the City Commission to a City quasi-judicial Board unless the person has filed, no less than ten (10) days prior to the date of appointment, an application for appointment with the City Clerk as required in Sec 2-16(g) of the Code of Ordinances. 2. No City employee shall be appointed to or serve on a Board that conducts quasi- judicial heatings. 3. No person may serve on more than one (1) quasi-judicial Board. 3 S:\CA\Ordinances\draft ordinance\Quasi-judicial boards 012004.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 2-168 Rules of Procedure Boards shall conduct their meeting in accordance with Roberts Rules of Order. A Board, following approval by the City Commission, may use alternate or supplemental rules of procedure. Quasi-judicial hearings shall be conducted in a manner consistent with law and which provides all interested persons with the opportunity to offer testimony, evidence, and cross- examine witness. All witnesses must testify under oath or affirmation. 2-169 Ethical Conduct All Board members are subject to the standards of ethics for public officers set forth in Part III of Chapter 112, Florida Statutes. SECTION 2. Severability. Should any section, provision, paragraph, sentence, clause of word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall not affect the validity of the remaining portions or applications of this Ordinance. SECTION 3. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict. SECTION 4. Codification. It is the intention of the City Commission of the City of Boynton Beach, that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section," "Article" or other word or phrase in order to accomplish such intention. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon its passage and adoption. FIRST READING this __ day of ,2004. SECOND, FINAL READING AND PASSAGE this ~day of 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor 4 S:\CA\Ordinances\draft ordinance\Quasi-judicial boards 012004.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: City Clerk Vice Mayor Commissioner Commissioner Commissioner 5 S:\CA\Ordinances\draft ordinance\Quasi-judicial boards 012004.doc Draft Staff review pending 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 04- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 2-20 OF THE CODE OF ORDINANCES REGARDING QUASI-JUDICIAL BOARDS; PROVIDING FOR NOTICE AND PROCEDURES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to enact a written procedure for conducting and giving notice of quasi-judicial hearings; and WHEREAS, the City Commission of the City of Boynton Beach has determined that the enactment of this Ordinance is in the best interests of the citizens of the City of Boynton Beach, protects the integrity of City government, fosters public confidence in the actions of the City, and will assist in ensuring that the City's quasi-judicial hearing are conducted with proper notice, opportunity to be heard, and opportunity to present evidence and testimony; and NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Boynton Beach, Florida, as follows: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2, Section 2-2- is amended as follows: 33 Sec. 2-20. Quasi-judicial proceedings before city commission or city board; 34 procedure for reconsideration of decision. 35 36 37 (a) For the purpose of this section the term Quasi-judicial proceeding" shall mean hearings before the City Commission or Planning Development Board, and limited to the following specific types of proceedings: &\CA\Ordinances\Quasi-judicial hearings modified.doc 1/30/2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (1) Variances; (2) Rezonings; (3) Appeals from administrative decisions of the building official planning director; (4) Master plan approvals; (5) Site plan approvals; (6) Modifications of site plans. (7) Relief fi'om requirements of the sign code. (8) Conditional use approvals or the (b) Quasisjudicial hearings shall be conducted in a maimer which provides all interested parties with the opportunity to testify, call witness, introduce evidence and cross-exmnine witness. Testimony shall be under oath or affirmation. When a proposed development order comes before the City Commission having first been afforded a quasi judicial hearing before a City Board, the testimony and evidence submitted to a City Board constitute part of the record of testimony and evidence before the City Commission (c) No quasi-judicial proceed shall proceed until proof of notice of th.e proceeding, in affidavit form, has been filed with the Office of the City Clerk. Proof of notice nmst include the name and address of each property owner to whom notice was mailed and ~ photograph of each sign posted, as hereinafter required. The following notices must be paid for and provided by the applicant: 1) .All property owners, homeowner associations, and condominium associations that own property within four hundred (400) feet of the boundary line of the property which is the subject of the quasi-judicial hearing shall be mailed, by first class mail, a notice of hearing postmarked no less than ten (10) calendar days prior to the hearing. 2) One (1) siam for each street fi'ontage of the property shall, be posted no less than ten (10) days prior to the hearing. The sign shall be legible fi'om a distance of 100 :feet and shall contain a description of the approval being sought, the date, time and location of the hearing, and a statement that the application being considered is available for inspection in the Development Department of the City Of .Boynton Beach. 3) When a quasi-.judicial hearing is tabled or continued at the request of an applicant, re-notice of the hearing shall be provided by the applicant in the same manner as original notice. (dl~) The City Commission may reconsider its decision arising from a Quasi-judicial proceeding only upon a motion to reconsider made at the meeting at which the decision was rendered or upon written request of the mayor, the vice-mayor, or any single S:\CA\Ordinances\Quasi-judicial hearings modified.doc 1/30/2004 2 ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 commissioner filed with the City Clerk provided such written request is made no later than 12:00 noon on the third day following the Commission's decision of the quasi- judicial proceeding. No quasi-judicial decision shall be considered final until the expiration of the three (3) day time period without a motion to reconsider being made and the entry of a written order approved by the City Attorney and signed by the City Clerk. In the event a request for reconsideration is made pursuant to this subsection the applicant or affected party shall be notified in writing and such notice shall be hand delivered, sent by facsimile, or overnight delivery service. (ee) When a motion for reconsideration is made and approved at the Commission meeting at which the decision was rendered, the Commission may immediately reconsider the matter before them or, the Commission may reconsider the matter at a later time certain which shall be announced, at the meeting, to the applicant and the public. No additional notice of the matter shall be necessary. When a motion for reconsideration is made following the close of the Commission meeting at which the decision is made, only the motion to reconsider shall be heard at the next regular City Commission meeting. If the motion to reconsider is adopted by the Commission, the matter which is the subject of the motion to reconsider shall be placed on the next regular City Commission meeting agenda. The agenda item shall be noticed in the same manner as the notice provided when the item was originally considered. (_fd) Any board may reconsider its decision arising from a quasi-judicial proceeding only upon a motion to reconsider at the meeting at which the decision was rendered. (ge) Reserved. (ho To the extent of any conflict between the procedures set forth herein and Robert's Rules of Procedure, the procedure set forth herein shall prevail. SECTION 2. Severability. Should any section, provision, paragraph, sentence, clause of word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as ehminated and shall not affect the validity of the remaining portions or applications of this Ordinance. SECTION 3. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict. SECTION 4. Codification. It is the intention of the City Commission of the City of Boynton Beach, that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section," "Article" or other word or phrase in order to accomplish such intention. S:\CA\Ordinances\Quasi-judicial hearings modified.doc 1/30/2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SECTION 5. Effective Date. upon its passage and adoption. 2004. ATTEST: This Ordinance shall become effective immediately FIRST READING this __ day of SECOND, FINAL READING AND PASSAGE this ,2004. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk 30 31 32 S:\CA\Ordinances\Quasi-judicial hearings modified.doc 1/30/2004 4 QUASI-JUDICIAL PROCEEDINGS BEFORE THE CITY COMMISSION1 1. The Mayor announces the agenda item. 2. The City Attorney or City Clerk swears in all witnesses. 3. The City Attorney outlines the hearing procedure, including a statement that any member of the City Commission may, at any time during the presentation of testimony, question any witness. 4. Attorneys or other individuals acting in a representative capacity make their appearances. 5. City staff members present a summary of the issues before the Commission, testify as to their opinions and make recommendations for conditions of approval. 6. The Applicant presents its case, including acceptance or objection to proposed conditions of approval. 7. Supporters of the application present their case, offer their opinions, and cross- exam previous witnesses. 8. Opponents of the application present their case, offer their opinions, and cross- examine previous witnesses. 9. Other members of the public offer their opinions. 10. Rebuttal evidence and cross-examination of witnesses by applicant. 11. Re-questioning by Opponents, strictly limited to newly raised facts or opinions and closing comments. 12. Closing comments by applicant. 13. Closing comments by City staff. 14. Deliberation and questions by the Commission. 15. Final determination by the Commission. I These guidelines represent a generalized procedure for conducting quasi-judicial hearings and are subject to modification on a case-by-case basis. The controlling principle is that all interested parties have the opportunity to offer testimony, evidence and conduct cross-examination of witnesses. S:\CA~JAC\Quasi-Judicial Procedures Commission. DOC 1/30/2004 QUASI-JUDICIAL PROCEEDINGS BEFORE CITY BOARDS1 1. The Chairperson announces the agenda item. 2. The City Attorney or City Clerk swears in all witnesses. 3. The City Attorney outlines the hearing procedure, including a statement that any member of the Board may, at any time during the presentation of testimony, question any witness. 4. Attorneys or other individuals acting in a representative capacity make their appearances. 5. City staff members present a summary of the issues before the Board, testify as to their opinions and make recommendations for conditions of approval. 6. The Applicant presents its case, including acceptance or objection to proposed conditions of approval. 7. Supporters of the application present their case, offer their opinions, and cross-exam previous witnesses. 8. Opponents of the application present their case, offer their opinions, and cross-examine previous witnesses. 9. Other members of the public offer their opinions. 10. Rebuttal evidence and cross-examination of witnesses by applicant. 11.Re-questioning by Opponents, strictly limited to newly raised facts or opinions and closing comments. 12. Closing comments by applicant. 13. Closing comments by City staff. 14. Deliberation and questions by the Board. Final determination by the Board. ~ These guidelines represent a generalized procedure for conducting quasi-judicial hearings and are subject to modification on a case-by-case basis. The controlling principle is that all interested parties have the opportunity to offer testimony, evidence and conduct cross-examination of witnesses. S:\CA\JAC\Quasi-Judicial Procedures Boards.doc 1/30/2004