HomeMy WebLinkAboutMINUTES - 02102015 - C.68RECOMMENDATION(S):
ADOPT Resolution No. 2015/55 to update the operating procedures for Board of Supervisors meetings as directed by
the Board on January 27, 2015.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
More than five years have passed since the Board last updated the procedures for the conduct of its meetings. The
attached rules generally reflect current practices. The rules are expected to facilitate the orderly, efficient, and fair
conduct of Board meetings, and provide more clarity for members of the public and thus further the Board's goal of
transparency and open government. The modifications include:
the goal of limiting the number of weekly presentations to three
the combining of the Short Discussion and Deliberation agenda categories into a new Discussion category
clarifying that public speakers are not required to state their address
clarifying that the Chair may reduce the amount of time allotted to each public speaker or set a maximum time
for all testimony on an item, depending upon the number of speakers and the business of the day
updating the website address at which public comment may be mailed
clarifying the procedure to register a vote by a Supervisor who was absent from all or part of a meeting.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 02/10/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:Candace Andersen, District II
Supervisor
Contact: JULIE DiMAGGIO ENEA
925.335.1077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: February 10, 2015
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: District I Supervisor, District II Supervisor, District III Supervisor, District IV Supervisor, District V Supervisor, CAO, County Counsel, DCD Director
C. 68
To:Board of Supervisors
From:David Twa, County Administrator
Date:February 10, 2015
Contra
Costa
County
Subject:UPDATED OPERATING PROCEDURES FOR BOARD OF SUPERVISORS MEETINGS
CONSEQUENCE OF NEGATIVE ACTION:
Should the Board of Supervisors elect not to approve the updated procedures, the procedures will continue to be
outdated and will not reflect changes in practice that have occurred since 2009.
ATTACHMENTS
Resolution No. 2015/55
Attach A to Res 2015/55: Board of Supervisors Operating Procedures
Attach B: Updated Procedures - REDLINE VERSION
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RESOLUTION NO. 2015/55
RULES OF PROCEDURES FOR
BOARD OF SUPERVISORS MEETINGS
POLICY
It is the policy of the Board of Supervisors to hold public meetings in accordance with the
requirements of the Ralph M. Brown Act and all other applicable governing legislation. The Board
strives to govern and work together in an effective, efficient, ethical and courteous manner in the highest
tradition of public service and in the best interests of the County of Contra Costa and its residents. This
resolution supersedes Resolution Nos. 2009/12 and 96-35.
PROCEDURE
GENERAL PROVISIONS
Rule 1. Applicability of Rules
1.1 These Rules of Procedure (“Rules”) are adopted pursuant to Government Code Section
25003. The rules apply to the Board of Supervisors of the County of Contra Costa whether sitting as
the Board of Supervisors of the County or as the governing body of any other district, authority, or
board.
1.2 The Rules are deemed to be procedural only. Except as otherwise provided by law, the
failure to strictly observe application of the Rules shall not affect the jurisdiction of the Board or
invalidate any action taken at a meeting that is otherwise held in conformity with law.
1.3 Except as otherwise provided by law, these Rules, or any one of them, may be
suspended by order of the Chair and will be deemed suspended by actions taken by or with the
consent of the Chair or a majority of the Board members.
Rule 2 . Definitions
2.1 “Board” means the Board of Supervisors of the County of Contra Costa, whether
sitting as the Board of Supervisors of the County or as the governing body of any other district,
authority or board;
2.2 “Chair” and “Vice Chair” mean the Board members elected to those respective offices.
“Chair” also means the presiding officer acting in the absence of the elected Chair.
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2.3 “Clerk” means the Clerk of the Board or a Deputy Clerk of the Board;
2.4 “County Counsel” means the Board’s attorney, appointed pursuant to Ordinance Code
section 24-12.002.
MEETINGS
Rule 3. Organization Meeting
The Organization Meeting of the Board shall be held on its first regular meeting in January of each
year, at which time there shall be an election of officers.
Rule 4. Regular Meetings
4.1 All regular meetings shall be held by the Board, in all its capacities, in its chambers in
the Contra Costa County Administration Building, at 651 Pine Street, Martinez, California. Regular
meetings shall commence at 9:00 a.m., or as otherwise prescribed by the Chair. Regular meetings
generally shall be held on every Tuesday of the month. However, the Board of Supervisors shall not
be required to hold a regular meeting (1) on any Tuesday that is the fifth Tuesday of a calendar month,
(2) on any Tuesday following a Monday holiday; (3) that is canceled pursuant to the annual calendar
adopted by the Board or (4) that is canceled by the Chair when no quorum is expected to be present.
4.2 Holidays, fifth Tuesdays, and periodic breaks, which result in a canceled meeting, will
be determined by the Board and posted annually.
Rule 5. Absence of a Quorum, Adjournment
5.1 In the absence of a quorum, the remaining members or (if no member is present) the
Clerk may adjourn the meeting to another date and time in accordance with Government Code
Section 54955 and shall post a Notice of Adjournment.
5.2 In the event a Supervisor leaves the hearing room, momentarily causing a lack of
quorum, he or she should notify the Chair of his or her intended absence, and the Chair may call a
recess.
ELECTION, POWERS AND DUTIES OF CHAIR AND VICE CHAIR
Rule 6. Annual Selection of Chair and Vice Chair
At its Organization Meeting, the Board shall nominate and elect from its membership a Chair and
Vice Chair to serve until the next year’s Organization Meeting, or until the selection of their
successors, whichever occurs later.
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Rule 7. Powers and Duties of Chair
The Chair shall serve as presiding officer of the Board, rule on questions of procedure, nominate for
Board approval representatives to Board committees whose appointment is not otherwise provided
for, sign resolutions, ordinances, contracts, leases and other official documents approved by the
Board, preserve order and decorum, and decide all questions of order. The Chair may consult with
County Counsel in making such rulings. Decisions of the Chair may be overruled by a majority vote
of the Board of Supervisors.
Rule 8. Powers and Duties of the Vice-Chair
The Vice-Chair shall have and exercise all powers and duties of the Chair at the meetings at which the
Chair is absent.
Rule 9. Selection of a Chair Pro Tempore
If neither the Chair nor the Vice-Chair is present at a Board meeting, the Board members present shall
select one of their members to act as the Chair Pro Tempore. The Chair Pro Tempore shall have and
exercise all the powers and duties of the Chair for that particular meeting only.
ORDER AND CONDUCT OF BUSINESS
Rule 10. Order of Business
The order of business at each regular meeting, except for such times as may be set apart for
consideration of special items (or as otherwise prescribed by the Chair), shall be as follows:
10.1 Call to Order
The presiding officer initiates the proceedings by bringing the meeting to order.
10.2 Roll Call
The Clerk calls the roll and records by name all members present or absent. During
the course of the meeting the Clerk records the arrival of any member listed as absent
and the departure of any member listed as present.
10.3 Inspirational Thought
The Board hears an inspirational thought as set forth on the agenda.
10.4 Pledge of Allegiance to the Flag of the United States of America.
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The Chair designates a person to lead those present in reciting the Pledge.
10.5 Agenda Review
The Chair inquires whether Board members or the County Administrator wish to make
any agenda revisions or request any items to be continued or removed from the
Consent agenda.
10.6 Added Items
The Board may take action on items of business not appearing on the posted agenda
under any of the following circumstances:
10.6.1 Upon a determination by a majority vote that an emergency situation
exists, as defined in Government Code Section 54956.5;
10.6.2 Upon a determination by a two-thirds vote, or, if fewer than two-thirds
of the members are present, by unanimous vote of those members present, that there is
a need to take immediate action and that the need for action came to the attention of
the County subsequent to the agenda being posted;
10.6.3 The item was posted for a prior meeting of the Board occurring not
more than five calendar days prior to the date action is taken on the item, and at the
prior meeting the item was continued to the meeting at which action is being taken.
10.7 Consent Agenda Items
Consent agenda items are routine in nature and do not require individual consideration.
All consent items are approved by a single vote as recommended without discussion
unless an item is removed and continued or considered during the regular agenda for
separate action at the request of a Board member, staff member, or a member of the
public.
10.8 Presentations
Each presentation will last no more than five minutes, unless this time is extended by the
Chair. A maximum of three presentations may be scheduled at each meeting except that the
Chair may authorize an additional presentation(s). The subject of the presentations should be
of countywide interest and significance.
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10.9 Public Comment
Public Comment is that period of time set aside for members of the public to address the
Board on items of County business not listed on the agenda (“off-agenda”). The Public
Comment item shall be deemed to constitute the opportunity for members of the public to
address the Board in compliance with Government Code Section 54954.3. See Rule 11.1 and
11.2.
10.10 Discussion Items
Discussion items include items previously removed from the consent calendar.
10.11 Closed Session
Closed session discussion items are intended to be heard at the specified time(s) but may be
heard earlier or later, in the discretion of the Chair.
10.12 Adjournment
Any Board member may request that the meeting be adjourned in memory of a recently
deceased person.
Rule 11. Conduct of Meetings
11.1 Addressing the Board—General
11.1.1 Before the meeting, or during the meeting before the agenda item to be
addressed, a person wishing to address the Board should fill out a yellow speaker card and
deposit it in the box near the podium.
11.1.2 When called upon, the person should come to the podium, state his or her name
for the record, and, if speaking for an organization or other group, identify the organization or
group represented.
11.1.3 All remarks should be addressed to the Board as a whole, not to individual
members, to the staff, or to the audience. Each person speaking from the floor shall obtain
permission from the Chair.
11.1.4 Questions, if any, should be addressed to the Chair, who will determine
whether or by whom an answer will be provided.
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11.1.5 Each speaker will have three minutes. This time may be extended or reduced,
in the discretion of the Chair.
11.1.6 All speakers, especially those who anticipate making oral presentations or
comments exceeding three minutes, are encouraged to submit comments in writing, in advance,
to the Clerk for distribution to the Board and other interested parties at the earliest feasible time
before the meeting, but no later than 8:00 a.m. on the day of the meeting. Written comments
may be submitted either by mail or via email: clerkoftheboard@cob.cccounty.us. The Board
requests that a person providing written materials to the Board during a meeting submit an
original and 10 copies. Such written comments will be distributed to members of the Board
and staff.
11.1.7 In order to maintain a public meeting environment conducive to receiving
public testimony from all sides of any issue, it is the Board’s policy that the audience will be
discouraged from engaging in audible or emotional displays of support or opposition to
testimony provided. Behavior such as clapping, booing, hissing, and cheering can create an
intimidating environment for people interested in giving public testimony and can
unnecessarily lengthen Board meetings. Consequently, such behavior is discouraged.
11.1.8 Speakers should not present the same or substantially the same items or
argument to the Board as presented by earlier speakers, or be profane in presenting their oral
comments.
11.1.9 In order to expedite matters and to avoid repetitious presentations, whenever
any group of persons wishes to address the Board on the same subject matter, the Chair may
request that a spokesperson be chosen by the group to comment on its behalf.
11.1.10 To minimize distractions during public meetings, all personal communication
devices, such as mobile phones and pagers, will be turned off or put in a non-audible mode
during Board meetings.
11.1.11 Any of the foregoing rules may be waived by the Chair or by a majority vote
of the Board members present when it is deemed that there is good cause to do so, based upon
the particular facts and circumstances involved.
11.1.12 The rules set forth above are not exclusive and do not limit the inherent power
and general legal authority of the Board, or of its presiding officer, to govern the conduct of
Board meetings as may be considered appropriate from time to time or in particular
circumstances for purposes of orderly and effective conduct of the affairs of the County.
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11.2 Addressing the Board—Public Comment
Comments under Public Comment are limited to subjects within the subject matter jurisdiction
of the County but not on the agenda. Such comments are limited to no more than three minutes
per speaker. If numerous persons wish to make comments, the Chair may limit the Public
Comment period to a specific amount of time, e.g. 30 minutes total for all speakers, and/or may
reduce the time limit per speaker, e.g. 2 minutes per speaker. Speakers are encouraged to
submit written comments, either by mail or via email: clerkoftheboard@cob.cccounty.us.
Written comments must be received by the Clerk of the Board before 8:00 a.m. on the day of
the meeting in order to be considered at the meeting.
11.3 Addressing the Board—Items Removed from Consent Calendar
Members of the public addressing the Board in connection with more than one item that has
been removed from consent calendar at a single meeting are limited to a cumulative total of
not to exceed 12 minutes for all of their oral presentations at such meeting, unless otherwise
allowed by the Chair. The purpose of this provision is to ensure that all members of the public
who wish to speak during a meeting have an opportunity to do so and to permit the effective
and orderly conduct of the County’s business.
11.4 Addressing the Board―Public Hearings
11.4.1 Any member of the public wishing to address the Board orally on a public
hearing on the Board agenda may do so before or during the hearing, or as otherwise specified
by the Chair.
11.4.2 Any person desiring to have a hearing transcribed by a stenographic reporter at
his or her own expense may do so, provided that he or she consults the Clerk to arrange
facilities for such reporting prior to commencement of the hearing and advises the Clerk of the
full name, business address, and telephone number of the reporter being used.
11.5 Use of Acronyms
The Board discourages the use of acronyms, abbreviations, and industry-specific language in
its meetings and written materials.
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Rule 12. Public Hearings for Planning and Zoning Matters―(Land Use Matters)
12.1 Order of Procedure
Unless the Chair in his or her discretion directs otherwise, the order for presentation of
testimony on particular land use items shall be as follows:
12.1.1 Presentation by staff.
12.1.2 Documents. The Chair acknowledges receipt of any documents offered as
evidence and filed with the Clerk before the hearing.
12.1.3 First Presentation. If the item is presented for Board approval (e.g., rezoning,
development plan), the first presentation is by the project applicant, followed by public
testimony. If the item is an appeal from a decision of a lower body (e.g., subdivision, land use
permit), the first presentation is by the appellant, followed by the presentation by the project
applicant. This presentation (or each presentation, if the item is an appeal) shall not exceed 10
minutes or the approximate length of the staff presentation, whichever is greater.
12.1.4 Public testimony. Each speaker shall have no more than three minutes.
12.1.5 Rebuttal. A rebuttal not exceeding five minutes may be made by the person
making the first presentation.
12.1.6 Closing comments by staff.
12.1.7 Board discussion and decision.
12.2 Conduct of Hearings
12.2.1 Witnesses’ Testimony. Witnesses will not be sworn.
12.2.2 Rules of Evidence. The hearing will not be conducted according to
technical judicial rules of evidence. Any relevant evidence may be considered if it is
the sort of evidence on which responsible persons are accustomed to rely in the
conduct of serious affairs. The Chair may exclude irrelevant or redundant testimony
and may make such other rulings as may be necessary for the orderly conduct of the
proceedings ensuring basic fairness and a full airing of the issues involved.
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12.3 Exhibits.
12.3.1 Subject to paragraph 12.3.2, all exhibits, including documentary
materials such as photographs, drawings, maps, charts, letters, petitions and other
physical evidence, presented at a land use hearing shall be retained in the Board of
Supervisors files as part of the record of the hearing.
12.3.2 Any staff exhibit (e.g., a general plan or area map) that has been or will
be used in other land use hearings will be preserved by the Community Development
Department for future reference. A notation indicating its location shall be made in the
case file in any matter in which it has been used.
12.4 Questioning of Speakers and Staff.
Any person desiring to direct a question to a speaker or staff member shall submit the
question to the Chair, who shall determine whether the question is relevant to the
subject of the hearing and whether or not it need be answered by the speaker or staff
member.
12.5 Overriding Fairness. Notwithstanding the provisions of paragraph 12.1, the Board is
committed to provide an applicant, appellant, or other person or entity with a substantial,
direct property interest in an item, a full and fair hearing, based on the facts and circumstances
of the particular matter, the nature and complexity of the particular issue, the number of
persons wishing to be heard, and similar due process considerations. Toward this end, the
Chair, in his or her discretion, may extend the time limits set forth in paragraph 12.1 and
consider other procedural mechanisms.
12.6 Absent From Hearing. A Supervisor who was absent from all or part of a hearing may
vote on the matter if the Supervisor states for the record that he or she has reviewed all
evidence received during the absence and also states that he or she has either: (1) listened to
the Clerk’s recording, (2) watched the video, or (3) read a complete transcript of the
proceedings that occurred during his or her absence.
Rule 13. Nuisance Abatement Hearings
A hearing on an appeal from the County Abatement Officer’s Notice and Order to Abate shall be held
in accordance with the provisions of County Ordinance Code section 14-6.418, as well as with these
Procedures. In the event of a conflict, the provisions of County Ordinance Code section 14-6.418
shall prevail.
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Rule 14. Disruption of Meeting
If any meeting is willfully interrupted by a group or groups of persons so that the orderly conduct of
the meeting becomes infeasible and order cannot be restored by the removal of individuals who are
willfully interrupting the meeting, the Chair may order the meeting room cleared, as authorized by
law (Gov. Code, § 54957.9), recess the meeting, or adjourn the meeting.
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RESOLUTION 20092015/***
RULES OF PROCEDURES FOR
BOARD OF SUPERVISORS MEETINGS
POLICY
It is the policy of the Board of Supervisors to hold public meetings in accordance with the
requirements of the Ralph M. Brown Act and all other applicable governing legislation. The Board
strives to govern and work together in an effective, efficient, ethical and courteous manner in the highest
tradition of public service and in the best interests of the County of Contra Costa and its residents. This
resolution supersedes Resolution Nos. 2009/12 and 96-35.
No. 96/35.
PROCEDURE
GENERAL PROVISIONS
Rule 1. Applicability of Rules
1.1 These Rules of Procedure (“Rules”) are adopted pursuant to Government Code
Section 25003. The rules apply to the Board of Supervisors of the County of Contra Costa whether
sitting as the Board of Supervisors of the County or as the governing body of any other district,
authority, or board.
1.2 The Rules are deemed to be procedural only. Except as otherwise provided by law,
the failure to strictly observe application of the Rules shall not affect the jurisdiction of the Board or
invalidate any action taken at a meeting that is otherwise held in conformity with law.
1.3 Except as otherwise provided by law, these Rules, or any one of them, may be
suspended by order of the Chair and will be deemed suspended by actions taken by or with the
consent of the Chair or a majority of the Board members.
Rule 2 . Definitions
2.1 “Board” means the Board of Supervisors of the County of Contra Costa, whether
sitting as the Board of Supervisors of the County or as the governing body of any other district,
authority or board;
2.2 “Chair” and “Vice Chair” mean the Board members elected to those respective offices.
“Chair” also means the presiding officer acting in the absence of the elected Chair.
Formatted: Font: (Default) Times New Roman
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RESOLUTION 20092015/***
2.3 “Clerk” means the Clerk of the Board or a Deputy Clerk of the Board;
2.4 “County Counsel” means the Board’s attorney, appointed pursuant to Ordinance Code
section 24-12.002.
MEETINGS
Rule 3. Organization Meeting
The Organization Meeting of the Board shall be held on its first regular meeting in January of each
year, at which time there shall be an election of officers.
Rule 4. Regular Meetings
4.1 All regular meetings shall be held by the Board, in all its capacities, in its chambers in
the Contra Costa County Administration Building, at 651 Pine Street, Martinez, California. Regular
meetings shall commence at 9:00 a.m., or as otherwise prescribed by the Chair. Regular meetings
generally shall be held on every Tuesday of the month. However, the Board of Supervisors shall not
be required to hold a regular meeting (1) on any Tuesday that is the fifth Tuesday of a calendar
month, (2) on any Tuesday following a Monday holiday; (3) that is canceled pursuant to the annual
calendar adopted by the Board or (4) that is canceled by the Chair when no quorum is expected to be
present.
4.2 Holidays, fifth Tuesdays, and periodic breaks, which result in a canceled meeting, will
be determined by the Board and posted annually.
Rule 5. Absence of a Quorum, Adjournment
5.1 In the absence of a quorum, the remaining members or (if no member is present) the
Clerk may adjourn the meeting to another date and time in accordance with Government Code
Section 54955 and shall post a Notice of Adjournment.
5.2 In the event a Supervisor leaves the hearing room, momentarily causing a lack of
quorum, he or she should notify the Chair of his or her intended absence, and the Chair may call a
recess.
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After: 0 pt
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RESOLUTION 20092015/***
ELECTION, POWERS AND DUTIES OF CHAIR AND VICE CHAIR
Rule 6. Annual Selection of Chair and Vice Chair
At its Organization Meeting, the Board shall nominate and elect from its membership a Chair and
Vice Chair to serve until the next year’s Organization Meeting, or until the selection of their
successors, whichever occurs later.
Rule 7. Powers and Duties of Chair
The Chair shall serve as presiding officer of the Board, rule on questions of procedure, nominate for
Board approval representatives to Board committees whose appointment is not otherwise provided
for, sign resolutions, ordinances, contracts, leases and other official documents approved by the
Board, preserve order and decorum, and decide all questions of order. The Chair may consult with
County Counsel in making such rulings. Decisions of the Chair may be overruled by a majority vote
of the Board of Supervisors.
Rule 8. Powers and Duties of the Vice-Chair
The Vice-Chair shall have and exercise all powers and duties of the Chair at the meetings at which
the Chair is absent.
Rule 9. Selection of a Chair Pro Tempore
If neither the Chair nor the Vice-Chair is present at a Board meeting, the Board members present
shall select one of their members to act as the Chair Pro Tempore. The Chair Pro Tempore shall have
and exercise all the powers and duties of the Chair for that particular meeting only.
ORDER AND CONDUCT OF BUSINESS
Rule 10. Order of Business
The order of business at each regular meeting, except for such times as may be set apart for
consideration of special items (or as otherwise prescribed by the Chair), shall be as follows:
10.1 Call to Order
The presiding officer initiates the proceedings by bringing the meeting to order.
10.2 Roll Call
The Clerk calls the roll and records by name all members present or absent. During
the course of the meeting the Clerk records the arrival of any member listed as absent
and the departure of any member listed as present.
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10.3 Inspirational Thought
The Board hears an inspirational thought as set forth on the agenda.
10.4 Pledge of Allegiance to the Flag of the United States of America.
The Chair designates a person to lead those present in reciting the Pledge.
10.5 Agenda Review
The Chair inquires whether Board members or the County Administrator wish to make
any agenda revisions or request any items to be continued or removed from the
Consent agenda.
10.6 Added Items
The Board may take action on items of business not appearing on the posted agenda
under any of the following circumstances:
10.6.1 Upon a determination by a majority vote that an emergency situation
exists, as defined in Government Code Section 54956.5;
10.6.2 Upon a determination by a two-thirds vote, or, if fewer than two-thirds
of the members are present, by unanimous vote of those members present, that there is
a need to take immediate action and that the need for action came to the attention of
the County subsequent to the agenda being posted;
10.6.3 The item was posted for a prior meeting of the Board occurring not
more than five calendar days prior to the date action is taken on the item, and at the
prior meeting the item was continued to the meeting at which action is being taken.
10.7 Consent Agenda Items
Consent agenda items are routine in nature and do not require individual
consideration. All consent items are approved by a single vote as recommended
without discussion unless an item is removed and continued or considered during the
regular agenda for separate action at the request of a Board member, staff member, or
a member of the public.
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10.8 Presentations
Each presentation will last no more than five minutes, unless this time is extended by the
Chair. A maximum of three presentations may be scheduled at each meeting except that the
Chair may authorize an additional presentation(s). The subject of the presentations should be
of countywide interest and significance.
10.9 Public Comment
Public Comment is that period of time set aside for members of the public to address the
Board on items of County business not listed on the agenda (“off-agenda”). The Public
Comment item shall be deemed to constitute the opportunity for members of the public to
address the Board in compliance with Government Code Section 54954.3. See Rule 11.1 and
11.2.
10.10 Short Discussion Items
Short Discussion Items are expected to last no more than five minutes eachDiscussion items .
These include items previously removed from the consent calendar.
10.11 Deliberation Items
10.112 Closed Session
Closed session discussion items are intended to be heard at the specified time(s) but may be
heard earlier or later, in the discretion of the Chair.
10.123 Adjournment
Any Board member may request that the meeting be adjourned in memory of a recently
deceased person.
Rule 11. Conduct of Meetings
11.1 Addressing the Board—General
11.1.1 Before the meeting, or during the meeting before the agenda item to be
addressed, a person wishing to address the Board should fill out a yellow speaker card and
deposit it in the box near the podium.
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+ 2.5" + 3" + 3.5" + 4" + 4.5" + 5" +
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RESOLUTION 20092015/***
11.1.2 When called upon, the person should come to the podium, state his or her name
and address for the record, and, if speaking for an organization or other group, identify the
organization or group represented.
11.1.3 All remarks should be addressed to the Board as a whole, not to individual
members, to the staff, or to the audience. Each person speaking from the floor shall obtain
permission from the Chair.
11.1.4 Questions, if any, should be addressed to the Chair, who will determine
whether or by whom an answer will be provided.
11.1.5 Each speaker will have three minutes. This time may be extended or reduced,
in the discretion of the Chair.
11.1.6 All speakers, especially those who anticipate making oral presentations or
comments exceeding three minutes, are encouraged to submit comments in writing, in
advance, to the Clerk for distribution to the Board and other interested parties at the earliest
feasible time before the meeting, but no later than 8:00 a.m. on the day of the meeting. Written
comments may be submitted either by mail or through the County’s web sitevia email:
clerkoftheboard@cob.cccounty.us http://www.cccounty.us. The Board requests that a person
providing written materials to the Board during a meeting submit an original and 10 copies.
Such written comments will be distributed to members of the Board and staff.
11.1.7 In order to maintain a public meeting environment conducive to receiving
public testimony from all sides of any issue, it is the Board’s policy that the audience will be
discouraged from engaging in audible or emotional displays of support or opposition to
testimony provided. Behavior such as clapping, booing, hissing, and cheering can create an
intimidating environment for people interested in giving public testimony and can
unnecessarily lengthen Board meetings. Consequently, such behavior is discouraged.
11.1.8 Speakers should not present the same or substantially the same items or
argument to the Board as presented by earlier speakers, or be profane in presenting their oral
comments.
11.1.9 In order to expedite matters and to avoid repetitious presentations, whenever
any group of persons wishes to address the Board on the same subject matter, the Chair may
request that a spokesperson be chosen by the group to comment on its behalf.
11.1.10 If any meeting is willfully interrupted by one or more individuals so that the
orderly conduct of the meeting becomes infeasible, the Chair may order the removal of those
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individuals from the meeting, as authorized by law (Gov. Code, § 54957.9) or recess the
meeting.
11.1.101 To minimize distractions during public meetings, all personal
communication devices, such as mobile phones and pagers, will be turned off or put in a non-
audible mode during Board meetings..
11.1.112 Any of the foregoing rules may be waived by the Chair or by a majority vote
of the Board members present when it is deemed that there is good cause to do so, based upon
the particular facts and circumstances involved.
11.1.123 The rules set forth above are not exclusive and do not limit the inherent
power and general legal authority of the Board, or of its presiding officer, to govern the
conduct of Board meetings as may be considered appropriate from time to time or in
particular circumstances for purposes of orderly and effective conduct of the affairs of the
County.
11.2 Addressing the Board—Public Comment
Comments under Public Comment are limited to subjects within the subject matter jurisdiction
of the County but not on the agenda. Such comments are limited to no more than three
minutes per speaker. If numerous persons wish to make comments, the Chair may limit the
Public Comment period to a specific amount of time, e.g. to no more than 30 minutes total for
all speakers, and/or may reduce the time limit per speaker, e.g. 2 minutes per speaker. with
each speaker given no more than three minutes. Speakers are encouraged to submit written
comments, either by mail or via email: clerkoftheboard@cob.cccounty.usmail or through the
County’s web site: http://www.cccounty.us. Written comments must be received by the Clerk
of the Board before 8:00 a.m. on the day of the meeting in order to be considered at the
meeting..
11.3 Addressing the Board—Items Removed from Consent Calendar
Members of the public addressing the Board in connection with more than one item that has
been removed from consent calendar at a single meeting are limited to a cumulative total of
not to exceed 12 minutes for all of their oral presentations at such meeting, unless otherwise
allowed by the Chair. The purpose of this provision is to ensure that all members of the
public who wish to speak during a meeting have an opportunity to do so and to permit the
effective and orderly conduct of the County’s business.
11.4 Addressing the Board―Public Hearings
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11.4.1 Any member of the public wishing to address the Board orally on a public
hearing on the Board agenda may do so before or during the hearing, or as otherwise specified
by the Chair.
11.4.2 Any person desiring to have a hearing transcribed by a stenographic reporter at
his or her own expense may do so, provided that he or she consults the Clerk to arrange
facilities for such reporting prior to commencement of the hearing and advises the Clerk of
the full name, business address, and telephone number of the reporter being used.
11.5 Use of Acronyms
The Board discourages the use of acronyms, abbreviations, and industry-specific language in
its meetings and written materials.
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Rule 12. Public Hearings for Planning and Zoning Matters―(Land Use Matters)
12.1 Order of Procedure
Unless the Chair in his or her discretion directs otherwise, the order for presentation of
testimony on particular land use items shall be as follows:
12.1.1 Presentation by staff.
12.1.2 Documents. The Chair acknowledges receipt of any documents offered as
evidence and filed with the Clerk before the hearing.
12.1.3 First Presentation. If the item is presented for Board approval (e.g., rezoning,
development plan), the first presentation is by the project applicant, followed by public
testimony. If the item is an appeal from a decision of a lower body (e.g., subdivision, land use
permit), the first presentation is by the appellant, followed by the presentation by the project
applicant. This presentation (or each presentation, if the item is an appeal) shall not exceed
10 minutes or the approximate length of the staff presentation, whichever is greater.
12.1.4 Public testimony. Each speaker shall have no more than three minutes.
12.1.5 Rebuttal. A rebuttal not exceeding five minutes may be made by the person
making the first presentation.
12.1.6 Closing comments by staff.
12.1.7 Board discussion and decision.
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12.2 Conduct of Hearings
12.2.1 Witnesses’ Testimony. Witnesses will not be sworn.
12.2.2 Rules of Evidence. The hearing will not be conducted according to
technical judicial rules of evidence. Any relevant evidence may be considered if it is
the sort of evidence on which responsible persons are accustomed to rely in the
conduct of serious affairs. The Chair may exclude irrelevant or redundant testimony
and may make such other rulings as may be necessary for the orderly conduct of the
proceedings ensuring basic fairness and a full airing of the issues involved.
12.3 Exhibits.
12.3.1 Subject to paragraph 12.3.2, all exhibits, including documentary
materials such as photographs, drawings, maps, charts, letters, petitions and other
physical evidence, presented at a land use hearing shall be retained in the Board of
Supervisors files as part of the record of the hearing.
12.3.2 Any staff exhibit (e.g., a general plan or area map) that has been or will
be used in other land use hearings will be preserved by the Community Development
Department for future reference. A notation indicating its location shall be made in
the case file in any matter in which it has been used.
12.4 Questioning of Speakers and Staff.
Any person desiring to direct a question to a speaker or staff member shall submit the
question to the Chair, who shall determine whether the question is relevant to the
subject of the hearing and whether or not it need be answered by the speaker or staff
member.
12.5 Overriding Fairness. Notwithstanding the provisions of paragraph 12.1, the Board is
committed to provide an applicant, appellant, or other person or entity with a substantial,
direct property interest in an item, a full and fair hearing, based on the facts and circumstances
of the particular matter, the nature and complexity of the particular issue, the number of
persons wishing to be heard, and similar due process considerations. Toward this end, the
Chair, in his or her discretion, may extend the time limits set forth in paragraph 12.1 and
consider other procedural mechanisms.
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12.6 Absent From Hearing. A Supervisor who was absent from all or part of a hearing may
vote on the matter if the Supervisor states for the record that he or she has reviewed all
evidence received during the absence and also states that he or she has either: (1) listened to
the Clerk’s recording, (2) watched the video, or (3) has listened to the Clerk’s recording,
watched the video, or read a complete transcript of the proceedings that occurred during his or
her absence.
Rule 13. Nuisance Abatement Hearings
A hearing on an appeal from the County Abatement Officer’s Notice and Order to Abate shall be held
in accordance with the provisions of County Ordinance Code section 14-6.418, as well as with these
Procedures. In the event of a conflict, the provisions of County Ordinance Code section 14-6.418
shall prevail.
Rule 14. Disruption of Meeting
If any meeting is willfully interrupted by a group or groups of persons so that the orderly conduct of
the meeting becomes infeasible and order cannot be restored by the removal of individuals who are
willfully interrupting the meeting, the Chair may order the meeting room cleared, as authorized by
law (Gov. Code, § 54957.9), recess the meeting, or adjourn the meeting.
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