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