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HomeMy WebLinkAboutMINUTES - 04231996 - SD2 I' TO: BOARD OF SUPERVISORS IOC-3 INTERNAL OPERATIONS COMMITTEE - E'..` •�F Contra FROM: Costa April 15, 1996 COUrItV J DATE: srq coi N� SUBJECT: ADOPTION OF A POLICY AND PROCESS TO BE USED FOR HANDLING LAND USE HEARINGS BY ADVANCE BRIEFINGS WITH ALL PARTICIPANTS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. ADOPT the attached procedures as Board policy for the process which should be used for handling land use hearings by advance briefings with all participants. 2. DIRECT the Director, GMEDA and Community Development Director to implement the attached procedures effective no later than July 1, 1996. 3. REMOVE this matter as a referral to the 1996 Internal Operations Committee. BACKGROUND: On January 9, 1996, the Board of Supervisors referred to our Committee the proposal from Supervisor Rogers for a briefing by staff with all participants prior to land use hearings in order to insure that all participants are familiar with the process which is followed and with the specific issues which are before the Board of Supervisors. Supervisor Rogers and the Community Development Director were to return to the Committee when they had reached agreement on what they wanted to recommend. Our Committee met with the Community Development Director, Harvey Bragdon, on April 15, 1996 and reviewed the attached report. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVEOTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER April 23, 1996 V VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ) 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 April 23, 1996 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: County Administrator SUPERVISORS AND OUNTY ADMINISTRATOR Director, GMEDA Community Development Director County Counsel BY DEPUTY IOC-3 Supervisor Bishop indicated her concern that what is needed is a process that is understandable by the layman and a process that is responsive to the "little guy", as opposed to the major developers who already know the process and system and are seen as having an advantage as a result. Supervisor Rogers summarized his interest in having this meeting with all participants prior to the hearing before the Board of Supervisors as follows: 1. To be able to answer questions individuals want to have answered that do not need to involve the full Board of Supervisors. 2. To be able to clarify the process and ground rules which are followed by the Board in holding hearings. 3. To provide a last opportunity to resolve differences before the matter is heard by the Board of Supervisors. 4. To clarify exactly what issues are before the Board and which are not before the Board or are not in dispute and therefore do not need to be addressed in the hearing. 5. To provide an opportunity to narrow the differences down to particular conditions or issues which are all that remain in dispute and which, once decided by the Board, will allow resolution of the balance of the dispute. We recognize that this process will not be able to totally resolve major differences over the most significant development applications. However, the effort to at least clarify the ground rules and allow for a sharing of viewpoints may still be of assistance. -2- CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: April 10, 1996 TO: INTERNAL OPERATIONS COMMITTEE FROM: SUPERVISOR JIM ROGERS HARVEY E. BRAGDON, DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: REGARDING THE PROCESS TO BE USED FOR HANDLING LAND USE HEARINGS BY ADVANCE BRIEFINGS WITH ALL PARTICIPANTS RECOMMENDATIONS Adopt the following procedures: 1. Public notice of Board of Supervisor's hearings will include a Pre-hearing Meeting notice to encourage applicants and interested citizens to meet with staff 15 minutes before the scheduled hearing to: a. Have the issues involved in the land use applications explained and to determine if consensus can be achieved prior to the public hearing. If agreement is reached, staff will report that the item can be approved by consent. For unresolved issues, staff will explain the previous votes and appeals (e.g., County Planning Commission) and what the procedural effect of the Board's action will be. b. Reach consensus that only those unresolved issues shall be discussed during the hearing with those items not in contention agreed upon and reported to the Board during the staff presentation. C. Have staff explain that those interested in testifying should: (1) Limit comments to three minutes; (2) Limit discussion only to those portions of the application that are still in contention, not on those portions where there is consensus. (3) State that if a previous speaker has already said what they would have said to so indicate to the Board. (4) For comments that can be adequately conveyed in writing, the participant should write them on the speaker card and ask that it be placed in the record without further oral statement. (5) Not engage in personal comment or to comment on other than the subject of the hearing. SD �- Memo to Internal Operations Committee Process for Land Use Hearings; Briefing Participants April 10, 1996 Page Two d. Have the staff explain to the applicants and interested citizens the Board's procedures and policies in conducting public hearings as outlined in item 2 below. This information will be available as a handout as well. e. The notice will be written on the agenda and will, when possible, be announced by the Chair at the time of the Pre-hearing Meeting. 2. Board of Supervisor's procedures and policies in conducting public hearings: a. The Chair opens the public hearing on the agenda item. b. Staff presents staff report and if agreement has been reached, reports on the results of a) or b) in item 1 above. C. Questions of staff by Board members but debate on the merits of the application is deferred until the conclusion of the hearing. d. Chair states that speakers will be called in the following order: (1) Applicant (who has the burden of demonstrating the appropriateness of the application). The Chair may allow more than three (3) minutes for the application's presentation. (2) Supporters or opponents of the application. (3) Rebuttal by the applicant of only those issues raised in the hearing by the opposition. (4) If there are cities, other governmental agencies or citizen's groups such as homeowners associations, they will be called first (item (2) above) prior to individual presentations. DISCUSSION Along with streamlining the application process, the Board shall endeavor to efficiently use its time and to reduce delays in the public hearing process. Time is also very important to the citizens.who come to our meetings to participate in the hearing process. We think the process described above, if used by all, will reduce the time needed to conduct business while fully protecting the public's rights to a full and fair hearing. Nothing proposed here is intended to abridge those rights. HEB:gms/rw