STAFF REPORT
Meeting Date: February 6, 2024
To:
From:
Subject:
Honorable Mayor and City Council
Ryan Gohlich, Assistant City Manager
Request by Mayor Gold and Vice Mayor Friedman to Discuss the Procedures for Conducting Public Hearings
Attachments: 1. Sample Current Public Hearing Script
2. Sample Prior Public Hearing Script
INTRODUCTION
Mayor Gold and Vice Mayor Friedman have requested that the City Council discuss the manner in which public hearings are conducted, particularly with respect to the order of public comments and presentations, as well as whether opportunities should be provided for rebuttals during public comments.
DISCUSSION
In 2018 and 2019 the City Council discussed, and ultimately made changes, to the procedures for conducting public hearings. The result of these changes is that the present-day practice for public hearings is to allow members of the public to testify at public hearings after the staff presentation, and before the applicant’s presentation, to allow those who wish to go home an opportunity to testify and then leave the meeting.
In addition, an opportunity is provided for public rebuttal in response to rebuttal comments made by an applicant. The public rebuttal process is allowed to continue indefinitely until such time as the Applicant indicates that the Applicant has no further testimony (or there is no rebuttal from the public).
These procedures were adopted by the City Council, with direction to implement the same procedures for commissions.
The current procedures for public hearings are as follows:
1. Mayor/Chair opens public hearing
2. Councilmembers/Commissioners report any ex-parte communications Meeting Date: February 6, 2024
3. Staff presentation
4. Councilmember/Commissioner questions of staff
5. Testimony from members of the public who wish to leave
6. Applicant presentation
7. Councilmember/Commissioner questions of the Applicant
8. Testimony from members of the public who stayed to listen to the Applicant’s presentation
9. Councilmember/Commissioner questions from members of the public
10. Legislative Advocates (pro and con)
11. Applicant rebuttal or response
12. Public rebuttal or response
13. Mayor/Chair asks applicant if it would like to rebut or respond to any new issues or evidence brought up by the public. If applicant does not wish to speak further on any new issues or evidence, then proceed to #12 (Council/Commissioner) questions).
14. If applicant speaks again, Mayor/Chair asks the public if they would like to rebut
15. Council/Commissioner Additional Questions
16. Hearing is closed
17. Council/Commissioner Comments and Deliberations
18. Motions
Based on comments provided by the Mayor and Vice Mayor during more recent public hearings, the current procedures are unnecessarily complicated, extend the already-long process for public hearings, and can be confusing to follow. Prior to the changes made in 2018 and 2019, there was no opportunity for early public comment, nor was there an ability to rebut an applicant’s rebuttal. The prior procedures for public hearings were as follows:
1. Mayor/Chair opens public hearing
2. Councilmembers/Commissioners report any ex-parte communications
3. Staff presentation
Meeting Date: February 6, 2024
4. Council/Commissioner questions of staff
5. Applicant presentation
6. Council/Commissioner questions of applicant
7. Public comment
8. Council/Commissioner additional questions
9. Applicant rebuttal and closing remarks if desired
10. Hearing is closed
11. Council/Commissioner Comments and Deliberations
12. Motions
Example scripts are provided as attachments to show the differences between the current and former procedures for public hearings.
RECOMMENDATION
Staff seeks City Council direction regarding whether the procedures for conducting public hearings should be modified. In addition, if the public hearing procedures are modified for the City Council, staff recommends that the same changes be made for commissions in order to maintain consistency throughout the city.
Ryan Gohlich,
Assistant City Manager
Approved By
Attachment 1
Sample Current Public Hearing Script
B0785-0001\2913544v1.doc
CITY COUNCIL AGENDA
January 23, 2024
AN APPEAL OF THE PLANNING COMMISSION’S JULY 13, 2023 DECISION
CONDITIONALLY APPROVING A DEVELOPMENT PLAN REVIEW AND
HISTORIC INCENTIVE PERMIT TO ALLOW FOR THE REHABILITATION
OF AN EXISTING TWO-STORY COMMERCIAL BUILDING AND THE
CONSTRUCTION OF A NEW THIRD STORY, ALONG WITH WAIVERS AND DEVIATIONS OF CERTAIN DEVELOPMENT STANDARDS AT 9884 SOUTH
SANTA MONICA BOULEVARD, AND FINDING THE PROJECT EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Item
No. PUBLIC HEARING
1. CITY CLERK: This is the time and place set for a public hearing to consider:
AN APPEAL OF THE PLANNING
COMMISSION’S JULY 13, 2023 DECISION
CONDITIONALLY APPROVING A
DEVELOPMENT PLAN REVIEW AND
HISTORIC INCENTIVE PERMIT TO ALLOW
FOR THE REHABILITATION OF AN EXISTING
TWO-STORY COMMERCIAL BUILDING AND
THE CONSTRUCTION OF A NEW THIRD
STORY, ALONG WITH WAIVERS AND
DEVIATIONS OF CERTAIN DEVELOPMENT
STANDARDS AT 9884 SOUTH SANTA MONICA
BOULEVARD, AND FINDING THE PROJECT
EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
Let the record show that the notice of this hearing was published as required by law.
The records and files of the Community Development
Department and the report of the City Planner
concerning this matter shall be entered into the
record.
2. CITY CLERK: Now is also the time for Council members to enter into the record any communications or other
evidence not currently in the record that Council
members have received before this evening’s
hearing.
2 B0785-0001\2913544v1.doc
3. COUNCILMEMBERS: Each Council member reports on any communication or evidence not currently in the record.
4. MAYOR: May we have an oral report on this matter from the City Planner?
5. CITY PLANNER: Report.
6. MAYOR: I will now open the public hearing on this matter.
7. MAYOR: [IF there are resident requests to provide early public comment:]
Before we hear from the Applicant or Appellant, I will
call those members of the public who need or want to
leave early or have any other reason to speak before the Applicant or Appellant, and wish to provide early
public comment. [Call those wanting to testify early.]
8. EARLY AUDIENCE
COMMENTS:
Comments.
9. MAYOR: Would the Applicant or Applicant’s representatives like to be heard in this matter?
10. APPLICANT: Comments.
11. MAYOR: Are there any questions from Council Members for the Applicant?
12. COUNCILMEMBERS: Questions.
13. MAYOR: Would the Appellant or Appellant’s representatives like to be heard in this matter?
14. APPELLANT: Comments.
15. MAYOR: Are there any questions from Council Members for the Appellant?
16. COUNCILMEMBERS: Questions.
17. MAYOR: Is there anyone in the council chamber who would like to be heard in this matter? [Call Speaker slips]
18. MAYOR: Is there anyone on the phone or video who wishes to be heard in this matter?
19. AUDIENCE: Comments.
3 B0785-0001\2913544v1.doc
20. MAYOR: Are there any emails to be read into the record?
21. CITY CLERK: Reads emails.
22. MAYOR: Are there any further questions from Council members?
23. COUNCILMEMBERS: Questions.
24. MAYOR: Does the Applicant wish to provide any response and closing remarks?
25. APPLICANT: Comments.
26. MAYOR: Does the Appellant wish to provide any response and closing remarks?
27. APPELLANT: Comments.
28. MAYOR: Is there anyone else who would like to be heard in this matter in response to the Applicant or Appellant
remarks?
29. AUDIENCE: Comments.
30. MAYOR: Would the Applicant or Appellant like to provide any rebuttal testimony?
31. APPLICANT: Comments (if any).
32. APPELLANT: Comments (if any).
33. MAYOR: (If the Applicant or Appellant provide comments) Would any members of the public like to provide any
rebuttal testimony in response to the Applicant or
Appellant remarks?
34. AUDIENCE: Comments.
35. MAYOR: [Continue Applicant/Appellant/Audience rebuttal until Applicant and Appellant have declined to
provide any rebuttal testimony.]
36. MAYOR: Are there any questions of staff or members of public from the Council?
37. COUNCILMEMBERS: Questions.
38. MAYOR: The hearing is now closed.
4 B0785-0001\2913544v1.doc
39. MAYOR: Is there any discussion or any comments from members of the Council?
40. COUNCILMEMBERS: Discussion and comments.
41. MAYOR: The Mayor will now entertain a motion.
42. ANY COUNCILMEMBER: (a) (If Council wishes to uphold the Planning Commission’s decision and deny the appeal): I
move that City Council deny the appeal,
approve the Project based on the required
findings, find the Project exempt from CEQA
and direct staff to prepare a resolution.
(b) (If the Council wishes to overturn the Planning
Commission’s decision and grant the appeal): I
move that the City Council directs staff to
prepare a resolution granting the appeal, based
on the required findings.
(c) (If remanding to the Planning Commission for
further consideration): I move that the matter be
remanded back to the Planning Commission for
further consideration (with any direction the
Council may wish to provide)…
(d) (If no decision is to be made): I move that the
matter be continued to the City Council meeting
of ______________.
43. ANY COUNCILMEMBER: Second.
44. CITY CLERK: Conducts roll call vote.
Attachment 2
Sample Prior Public Hearing Script
B0785-0001\2030272v1.doc
CITY COUNCIL AGENDA
January 10, 2017
Consideration of an Appeal of the Planning Commission's Decision Approving a Vesting Tentative Tract Map and Development Plan Review to Allow the Construction of a New, 26-Unit Multifamily Condominium Building at 332-336 North Oakhurst Drive and Partially Located in the City of Los Angeles Item
No. PUBLIC HEARING
1. CITY CLERK: This is the time and place set for a public hearing to consider AN
APPEAL OF THE PLANNING COMMISSION'S DECISION
APPROVING A VESTING TENTATIVE TRACT MAP AND
DEVELOPMENT PLAN REVIEW TO ALLOW THE
CONSTRUCTION OF A NEW, 26-UNIT MULTIFAMILY
CONDOMINIUM BUILDING AT 332-336 NORTH
OAKHURST DRIVE AND PARTIALLY LOCATED IN THE
CITY OF LOS ANGELES
Let the record show that the notice of this hearing was provided as required by law.
The records and files of the Community Development
Department and the report of the Assistant Director of
Community Development/City Planner concerning this matter shall be entered into the record.
Now is also the time for Council members to enter into the record any communications or other evidence not currently in the record that Council members have received before this evening’s hearing.
2. COUNCILMEMBERSEach Council member reports on any communication or evidence not currently in the record.
3. MAYOR: May we have an oral report on this matter by the Assistant Director of Community Development/City Planner?
4. ASSISTANT
DIRECTOR OF
COMMUNITY
DEVELOPMENT/
CITY PLANNER:
Report.
5. MAYOR: Are there any questions from Council Members for staff? 2 B0785-0001\2030272v1.doc
6. COUNCILMEMBERSQuestions.
7. MAYOR: I will now open the public hearing on this matter. Does the Applicant or the Applicant’s representatives wish to be heard?
8. APPLICANT: Comments.
9. MAYOR: Are there any questions from Council Members for the Applicant?
10. COUNCILMEMBERSQuestions.
11. MAYOR: Does the Appellant or the Appellant’s representatives wish to be heard?
12. APPELLANT: Comments.
13. MAYOR: Are there any questions from Council members for the Appellant?
14. COUNCILMEMBERSQuestions.
15. MAYOR: Do any other members of the public wish to be heard?
16. PUBLIC: Comments.
17. MAYOR: Are there any further questions from Council members?
18. COUNCILMEMBERS:Questions.
19. MAYOR: Does the Appellant wish to provide any response and closing remarks?
20. APPELLANT: Comments.
21. MAYOR: Does the Applicant wish to provide any response and closing remarks?
22. APPLICANT: Comments.
23. MAYOR: The hearing is now closed.
24. MAYOR: Is there any discussion or any comments from members of the Council?
3 B0785-0001\2030272v1.doc
25. COUNCILMEMBERS:Discussion and comments.
26. MAYOR: The Chair will now entertain a motion.
27. ANY COUNCILMEMBER:(a) (If the City Council wishes to deny the appeal and approve the Project): I move that the City Council approve the project subject to conditions with direction to staff to prepare a resolution memorializing the City Council’s denial of the appeal and conditional approval of the proposed project for
consideration at the next City Council meeting.
(b) (If the City Council wishes to grant the appeal and deny the Project:): I move that the City Council deny the vesting tentative tract map and development plan review to allow the construction of a 26-unit condominium building located at 332-336 North Oakhurst Drive, and direct staff to
prepare a resolution of findings based on the Council’s deliberations for consideration at the next City Council meeting.
(c) (If no decision is to be made – NOTE: Any continuance beyond January 21, 2017 will require the project Applicant to agree to an extension of the action deadlines pursuant to the
Subdivisoin Map Act.): I move that the matter be continued to the Council meeting on January 24, 2017.
28. ANY COUNCILMEMBER:Second.
29. MAYOR: Vote.