COUNCIL

DATE 8/05/08
AGENDA ITEM 6B

CITY COUNCIL MEETING

Olympia, Washington
August 5, 2008

Protocols for September 16 Public Hearing on Waterfront Rezone Proposal

__________________________________________________________________
CITY MANAGER’S
RECOMMENDATION: Conduct a Public Hearing on September 16, 2008 at The Washington
Center for the Performing Arts. Provide guidance on meeting
agenda and protocols so that interested community members will
know what to expect and staff can make advance arrangements.

STAFF CONTACT: Cathie Butler, Communications Manager, (360) 753-8361

cbutler@ci.olympia.wa.us

ORIGINATED BY: Mayor and staff

PRESENTERS AND
OTHERS NOTIFIED: None

ATTACHMENTS: 1. Draft seating chart

2. Draft Testimony sign in sheet

BUDGET IMPACT/
SOURCE OF FUNDS: Washington Center costs will be paid from the special account for
communication and community relations

PRIOR COUNCIL/
COMMITTEE REVIEW: General Government briefly discussed the public hearing protocols at
its July 22 meeting.

The Mayor and staff met on July 25 to review and discuss the protocol
recommendations contained in this report.

BACKGROUND: One of the seven (7) proposed Comprehensive Plan amendments on the
City’s docket this year is a proposal to:
o Rezone nine parcels from Urban Waterfront (UW) to Urban
Waterfront-Housing (UW-H); the total area covered by the
proposal is approximately five (5) acres on the isthmus in
downtown Olympia between Budd Inlet and Capitol Lake;
o Modify the maximum allowable building height in the proposed
area from 35 feet to between 65 and 90 feet;
o Amend Volume Two, Chapter 1, West Bay Waterfront section of
the Comprehensive Plan text to indicate that the area between
4th and 5th Avenues west of Sylvester Street should be
encouraged to develop in mid-rise (rather than low-rise)
projects;
o Amend the Shoreline Master Program for Thurston Region to
specify maximum allowable heights within newly rezoned
sections of the UW-H district.
In keeping with City practice, the Council confirmed this year’s
comprehensive plan amendment proposal docket in January and
referred it to the Planning Commission for a public hearing and
Commission review, deliberation and recommendation.

To accommodate community interest in the waterfront rezone and

amendment proposal, the Planning Commission held a public hearing on
the proposal separate from the public hearing on the other six (6)
amendment proposals. The Planning Commission public hearing was on
June 24, 2008. It was held at The Olympia Center to accommodate an
audience that was anticipated to be too large for the Olympia City
Council Chambers where the Planning Commission usually meets. About
220 people signed in to testify. A total of 63 people provided
testimony over a three hour period beginning at approximately 7:15
p.m. and 10:15 p.m.

In addition to the public hearing conducted by the Planning

Commission, the Olympia City Council traditionally holds a second
public hearing on comprehensive plan amendments.

Because of public interest and to allow time for more testimony than
received at the hearing held by the Olympia Planning Commission, a
City Council public hearing has been scheduled specifically on the
waterfront amendment and rezone proposal. The hearing date is
Tuesday, September 16, 2008. Staff recommends that it be held at The
Washington Center for the Performing Arts in downtown Olympia,
which is the largest seating venue of any City of Olympia building.

If held at The Washington Center and barring technical difficulties, the

public hearing will be televised live on TCTV, Olympia Cable Channel 3,
beginning at 6:00 p.m., and will be replayed Friday, September 19 at
Noon. If available from TCTV, a tape of the public hearing will be
posted for internet viewing on the City’s video streaming service by the
same Friday.

The City Council will hold a separate public hearing at Olympia City
Hall the following Tuesday, September 23, on the other six (6)
comprehensive plan amendment proposals. Testimony will not be
accepted on September 23 about the urban waterfront rezone/
amendment proposal.

Protocol Recommendations
ƒ Hold the hearing at a large venue with capability for live telecast
ƒ Accommodate more speakers than the June hearing, within a
reasonable time
ƒ Make the most of the available time
ƒ Minimize confusion about public hearing protocols/procedures with
advance publicity
ƒ Reduce congestion in the lobby
ƒ Hear from a variety of and/or differing perspectives

Page 2 of 7
ƒ For overall process consistency, keep format similar to the
following week’s hearing on other comprehensive plan amendment
proposals.

Staff recommends that the City Council convene at 6:00 p.m. on

September 16 to receive recommendations, presentations and
information from the applicant, Planning Commission, and staff prior to
opening the public hearing at about 7:00 p.m.

To allow for more testimony than was received at the Planning

Commission hearing, staff recommends that the City Council accept
about four (4) hours of oral public testimony on September 16, from
about 7:00 p.m. to 11:00 p.m., with approximately a 15 minute break
at about 9:00 p.m. Staff also recommended that up to three (3)
minutes per person of oral testimony be allowed, which is the Council’s
usual practice.

Testimony seating will be provided only on the main floor (Orchestra

section) of The Washington Center (Attachment #1). Upper levels of
seating will be available for general audience.

Two hundred fifty seven (257) seats will be reserved on the main floor
for testimony seating (about one-half reserved for individuals generally
opposed to a rezone/amendment change; and about one-half reserved
for individuals generally supporting a rezone/amendment change).
Persons who do not wish to testify will be asked to sit in the general
audience area on the upper floors.

At three minutes per person with a 15 minute break, about 75

individuals can testify if each uses three minutes. If individuals
voluntary testify for less than three minutes, more people will have an
opportunity to speak.

Written comments may be left that evening in designated boxes that

will be located throughout The Washington Center. To be included in
the record for this issue, written comments to the Olympia City Council
must be received by 5:00 p.m. on Friday, September 26, 2008 as
follows:
o email to cpdinfo@ci.olympia.wa.us
o postal mail to City of Olympia, Attn: Jan Weydemeyer, PO Box
1967, Olympia, WA 98507-1967;
o hand delivery to Olympia City Hall – City Council office, 900
Plum Street SE, Olympia.

Please note that all written correspondence to the City, including

email, is a public record potentially eligible for release upon request.

Proposed Date, Time and Venue:

[Olympia City Council Meeting and Public Hearing on the proposed
rezone of five acres on the Isthmus in downtown Olympia and
associated Comprehensive Plan and Shoreline Master Program
amendments]

Date: Tuesday, September 16, 2008

Page 3 of 7
Location: The Washington Center for the Performing Arts
512 Washington Street SE, Olympia

Doors Open: 5:00 p.m.

Meeting Begins: 6:00 p.m.

Public Hearing: 7:00 to 11:00 p.m., with a break at 9:00 p.m.

[Note: To be eligible for testimony, individuals
must be seated in the designated testimony
area at 6:00 p.m. Sign-in sheets will be passed
down each row in the designated testimony
area beginning at 6:00 p.m.]

Proposed Agenda:
The proposed agenda for the September 16 meeting and public hearing
is similar in format to the public hearing that will be held the following
week on the other six (6) proposed 2008 comprehensive plan
amendments.

6:00 p.m. City Council Meeting Convened.

Welcome, Meeting Protocols Announced – Mayor
10 minutes Staff overview and recommendations
10 minutes Applicant Presentation
10 minutes Planning Commission Recommendations
10-15 minutes Councilmember Clarifying Questions, if needed.

7:00 p.m. Public Hearing Convened (approximate time; if the

informational meeting ends before 7:00 p.m., the
Mayor may choose to convene the Public Hearing
before 7:00 p.m.).
- 3 minutes per person, oral testimony only
9:00 p.m. Break
9:15 p.m. Public Hearing Reconvenes
11:00 p.m. Public Hearing Closed
Upcoming key dates announced
Meeting Adjourned – Mayor

Proposed Public Hearing Logistics and Protocols:

ƒ Two hundred fifty seven (257) seats on the main floor (called the
Orchestra section on attachment #1) will be reserved for testimony
seating and for those individuals who need seating accommodation
(wheelchair, etc).

ƒ Testimony will only be accepted from people seated on the main

floor. [Note: Most likely, not everyone on the main floor will have
an opportunity to testify during the approximately four (4) hours
set aside for oral testimony.]

ƒ Seating on the main floor will be split about 50-50 between

individuals who generally wish to testify in support of the proposal
(or Planning Commission and staff recommendations), and
individuals who generally wish to testify in opposition to the
proposal (or Planning Commission and staff recommendations).

Page 4 of 7
ƒ General audience seating will be on the upper levels (Loge,
Mezzanine, and Balcony).

ƒ To be eligible for testimony, individuals must be seated in the

designated testimony area on the main floor by 6:00 p.m. Sign-
in sheets will be passed down each row in the designated testimony
area beginning at 6:00 p.m.

ƒ Signs will be placed above the entry doors at the Washington

Center to indicate which door an individual should enter to testify
as a “proponent” to the proposal (or Planning Commission/staff
recommendations), to testify as an “opponent” to the proposal (or
Planning Commission/staff recommendations), or as general
audience.

ƒ Reserved tickets for seats on the main floor will be distributed by

ushers located at “proponent” and “opponent” entrances (one
ticket per person). Reasonable effort will be made to distribute
the tickets such that seating for testimony is in generally the order
people arrived at the respective door.

ƒ Public Hearing testimony (which will start about 7:00 p.m.) will
be limited to 3 minutes per person of oral testimony. No power
point or slide presentations will be accommodated during the
individual public testimony.

ƒ At three minutes per person, about 75 individuals will be able to

provide oral testimony, if each uses the maximum amount of time.

ƒ Individuals providing oral testimony at the Public Hearing will do

so from the location where they are seated, instead of queuing
up in a line at a microphone.

ƒ Individuals giving testimony will be asked to stand to provide their

testimony if they are able to do so, and to state their name and
residence location for the record. An individual seated
immediately adjacent to the person giving testimony is welcome to
stand and hold written comments or the microphone for the
individual who is testifying.

ƒ Boxes will be placed at the entrance/exit doors of each floor and in

the lobby for written testimony, documents, etc from individuals
who wish to have them included in the public record. The
complete record, including written testimony will be posted on the
City of Olympia website as part of the Council agenda for the
meeting when they discuss the issue/record. Please note that all
written correspondence to the City is a public record, potentially
eligible for public release upon request.

Next Steps:
ƒ Friday, September 16, 2008, 5:00 p.m. – Written Record is closed
on proposed urban waterfront amendment/rezone proposal.

ƒ Tuesday September 23, 2008, 8:00 p.m. Public Hearing on other six
(6) items on comprehensive plan amendment docket.

Page 5 of 7
 ƒ Friday, September 26, 2008, 5:00 p.m. – Written Record is closed
on other six (6) items.

ƒ Tuesday, September 30, 2008, during the regular City Council

meeting which begins at 7:00 p.m. – City Council deliberation and
possible action on the proposed urban waterfront
amendment/rezone proposal.

ƒ To be scheduled – Date for City Council consideration of the other

six (6) amendment proposals.

Publicity and Meeting Information:

Barring technical difficulties, by Friday this week (August 8) a page
devoted to this topic will be published on the City’s website,
www.olympiawa.gov. It will display:
o The meeting/public hearing information and protocols
o Links to the Planning Commission agenda, minutes, and staff
reports; the applicant proposal; the draft Supplemental
Environmental Impact Statement; and (when published) the
City Council meeting agenda, staff report, and associated
documents.

A link to the web page and public hearing information will be posted
from the “News and FAQs” section on the City of Olympia website,
www.olympiawa.gov, and also from the “Public Meetings” section. The
word “Isthmus” will be used in the title for Search purposes.

About a week before the public hearing, a direct link to the web page
will be provided on the City’s home page.

An informational flyer will be produced within the next two weeks and
published on the City’s website. As soon as the flyer is ready, a copy
will be sent via email to the following local news media: The
Olympian, The Sitting Duck, KGY, KAOS, MIXX-96, OlyBlog,
Thurston/Mason Senior News.

OTHER OPTIONS: Following are some process options that were considered by staff and
the rationale for not recommending them.

Limit testimony to two minutes each to hear from more individuals.

o Three minutes is consistent with Council’s usual practice and
the Planning Commission hearing.
o Provides for personal choice - Individuals may choose whether
or not to use their full three minutes.
o Three minutes may provide time for individuals to more
completely share their perspective, options, data and other
information.

Allow visual presentations during public testimony.

o Very challenging to manage since presentations must be
preloaded in the order of presentation.
o Time is needed to queue up and start presentations, which
lessens the time for oral testimony.

Page 6 of 7
Have people queue up at a standing microphone to give testimony.
o May be disruptive as individuals attempt to exit their seats.
The facility has fixed seating with relatively narrow leg width.
(Note: Council received some complaints about this approach
which was used the last time the City had a public hearing at
the Washington Center.)

Use a lottery system to determine speaking order.

o Would take time to select and announce speakers, thus
reducing the overall time for testimony and potential number
of speakers.
o An advance lottery would require staff coordination during a
time with the Executive Office support staff may be reduced by
one person.

Seating and testimony on a “first come” basis, regardless of

“opponent” or “proponent” perspective.
o Potentially, the Council may hear only one perspective,
depending on who lines up first. (Note: Council received some
complaints about this approach which was used the last time
the City had a public hearing at the Washington Center.)

Split testimony in a rough proportion between “proponents” and

“opponents” present that evening.
o May give the impression of a vote.
o May take extra time and space for some sort of sign-in
procedure.

Continue the meeting that evening until everyone present has an

opportunity to testify.
o The public hearing is being held during the regular work week.
o 11:00 p.m. is a reasonable ending time that recognizes many
individuals at the meeting may have work or personal
commitments the next day.
o Allows time for TCTV staff to remove and transport their
equipment back to the studio.

Page 7 of 7