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  Regular-General Government   #   44.    
Board of Supervisors County Counsel  
Meeting Date: 01/15/2019  
Brief Title:    Adopt Quasi-Judicial Hearing Guidelines
From: Philip J. Pogledich, County Counsel
Staff Contact: Philip J. Pogledich, County Counsel, x8172

Subject
Adopt guidelines for quasi-judicial public hearings and introduce a related ordinance entitled "An Ordinance Amending the Yolo County Code to Authorize the Use of Quasi-Judicial Hearing Guidelines." (No general fund impact) (Pogledich)
Recommended Action
  1. Adopt the attached guidelines for quasi-judicial public hearings (Att. A); and
     
  2. Introduce by title only, waive first reading, and continue to the next regularly scheduled Board hearing for adoption of an ordinance (Att. B) entitled "An Ordinance Amending the Yolo County Code to Authorize the Use of Quasi-Judicial Hearing Guidelines."
Strategic Plan Goal(s)
Operational Excellence
Reason for Recommended Action/Background
The attached guidelines for quasi-judicial hearings (e.g., land use appeals) are recommended for Board adoption.  The guidelines are based on models from a variety of jurisdictions in California and other states.  The guidelines are drafted for an intended audience of hearing body members (the Board of Supervisors, and the Planning Commission if it opts to adopt the guidelines), parties to an appeal, and the general public.  The guidelines are not binding rules, but rather a set of guidelines that can be modified on a case-by-case basis.

Some of the main topics included in the guidelines are:

          A. Who may appear and participate in a hearing;

          B. How and when to submit letters and other written materials;

          C. Site visits and ex parte communications with decision makers, 
              along with related disclosures;

          D. Responsibilities of the Chair in conducting the hearing;

          E. Hearing procedure, including a standard script for the Chair; and

          F. Preparation and adoption of a written decision with findings;

This item also includes a proposed ordinance adding a reference to the guidelines, to sections of the County Code addressing administrative appeals.  The ordinance also authorizes the Planning Commission and other boards, commissions, and committees that hear quasi-judicial appeals to adopt the guidelines (or similar guidelines) at their discretion.  The ordinance requires two readings, and hence will have to return for adoption at the next regularly scheduled Board meeting.
Collaborations (including Board advisory groups and external partner agencies)
None.

Fiscal Information
No Fiscal Impact
Fiscal Impact of this Expenditure
Total cost of recommended action
Amount budgeted for expenditure
Additional expenditure authority needed $0
On-going commitment (annual cost)
Source of Funds for this Expenditure
General Fund $0
Attachments
Att. A. Guidelines
Att. B. Ordinance

Form Review
Inbox Reviewed By Date
Phil Pogledich Phil Pogledich 01/09/2019 01:08 PM
Form Started By: Phil Pogledich Started On: 12/04/2018 04:04 PM
Final Approval Date: 01/09/2019
Level double AA conformance,
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