HomeMy WebLinkAboutMINUTES - 05091995 - 10.4 ATO: BOARD OF SUPERVISORS 1 .0.-4
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FROM:
INTERNAL OPERATIONS COMMITTEE Costa
;<
County
DATE: May 1, 1995
SUBJECT: REPORT ON MEETINGS WITH PARTICIPANTS IN PLANNING HEARINGS PRIOR TO
PUBLIC HEARINGS BEFORE THE BOARD OF SUPERVISORS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . DIRECT the Community Development Director and Director, CCTV
to develop and return to our Committee a video which could be
shown to individuals who plan to participate in public
hearings before the Board of Supervisors on planning matters,
which would cover the following general topics :
❑ The general process which is followed by the Board of
Supervisors in hearing a planning item.
❑ The need to complete and submit a speaker' s card in order
to address an item on the Board' s agenda.
❑ The possibility of simply making written comments on the
speaker's card without necessarily having to address the
Board orally.
❑ The importance of clearly addressing one or more of the
points which are in dispute and before the Board of
Supervisors, rather than speaking to issues which are not
in dispute or which are not before the Board.
❑ The importance of :keeping comments brief and how the
timed light board in the Board Chambers works so the
speaker knows when his or her time is almost up.
❑ The importance of not orally repeating testimony which
has already been placed in the record other than perhaps
to note that the speaker agrees with the comments of
other speakers .
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): MARK n-OATTTATTLIn
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT None ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED May 9, 1995
Contact: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Director, GMEDA S RS AND COUNTY ADMINISTRATOR
Community Development Director
County Counsel
Pat Burke, Director, CCTV EP
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❑ The importance of addressing all comments to the Chair of
the Board and not arguing directly with or demanding
answers and explanations from staff or other participants
at the hearing.
2 . DIRECT the Community Development Director, once the video
noted above has been developed and approved by our Committee
and the Board of Supervisors, to notify all interested parties
who expect to testify before the Board of Supervisors on
planning items that the video will be available prior to the
public hearing and that all potential participants are
strongly encouraged to arrive enough ahead of the scheduled
time of the hearing to view the video and ask any questions of
staff regarding the process which is followed by the Board of
Supervisors .
3 . DIRECT the Community Development Director, once the Board of
Supervisors implements a schedule which fixes times for
planning hearings more nearly at the hour an item is actually
expected to be heard, to notice all interested parties
involved in planning hearings, other than routine items where
staff believes that no substantial items are in dispute, that
staff will be available some set period of time before the
hearing to meet with the participants in an effort to clarify,
define and narrow the issues which are still in dispute and,
where possible and appropriate, to attempt to reach a mutually
acceptable compromise which can be presented to the Board of
Supervisors at the time of the hearing.
BACKGROUND:
On March 7, 1995, the Board of Supervisors referred to our
Committee a proposal from Supervisor Rogers that staff meet with
interested parties prior to planning hearings before the Board of
Supervisors in an effort to describe and clarify the process the
Board follows, to clarify the issue(s) which are and are not before
the Board and to encourage individuals to focus their testimony on
issue(s) which are before the Board.
On May 1, 1995, our Committee met with the Community Development
Director, Harvey Bragdon, and discussed the advantages of a video
which would provide standard information to those who do not
regularly address the Board on planning matters as a briefing to
the process and procedures which are followed by the Board of
Supervisors in hearing planning items . This video should be
developed and made available to anyone who is planning to testify
before the Board on a planning item, particularly where the
individual has not appeared before the Board before or has not
testified before the Board for some period of time. We suggest
that this video could be shown in Room 108 prior to most planning
hearings .
In addition, we discussed the need for a more formal process to
institutionalize the more informal process which now often occurs
prior to a public hearing where staff will meet with the various
participants in an effort to determine whether any type of
compromise is possible on at least some of the issues so that the
actual areas of dispute can be narrowed and more clearly defined.
Mr. Bragdon suggested that routine hearings where there appear to
be no items in dispute could be exempted from this process and we
agree. We agree that these types of hearings can be exempted from
this additional meeting process and should actually be grouped into
a set of "consent" hearing items which might precede the other
planning hearings so that they can be disposed of before those
hearings which involve substantial testimony are undertaken.
For other hearings where it appears that some or all of the
outstanding items may be amenable to compromise, all interested
parties should receive formal notice of a meeting with staff which
would precede the public hearing before the Board of Supervisors .
In addition to viewing the video, this meeting would provide an
opportunity to attempt to reach agreement on any of the outstanding
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issues, focus the discussion on those issues where agreement cannot
be reached and agree on the terms of any agreement which can then
be reported to the Board of Supervisors at the beginning of the
hearing.
It is difficult to implement this type of meeting under current
scheduling since all planning hearings are generally scheduled for
the same hour, meaning that all of the pre-hearings meetings would
have to be held simultaneously. However, as the Board moves to
schedule these hearings at discrete times, it will be possible to
schedule the pre-hearing meetings at discrete times, thereby
allowing staff to both attend the pre-meeting and still be present
in the Board Chambers for other scheduled hearings .
Our Committee is planning to consider these scheduling changes at
our meeting on May 15, 1995 and will hopefully have a plan to
report back to the Board on May 23, 1995, allowing this type of
pre-hearing meeting to be undertaken this summer.