California State Department of Transportation

Project Development Workflow Tasks (PDWT)

PYPSCAN Milestone 140

Conduct Public Hearing

(Click on highlighted Task to see detailed information.)

 Planning
Task
Number

Planning Tasks (P180-P186) 

Milestone
Task Group
 
 Last Update

P180
Conduct Public Hearing

(140.A)

11/28/94

P181
Request Public Comments

(140.A)

11/28/94

P182
Prepare Responses to Public Comments and Correspondence

(140.A)

11/28/94

P183
Prepare and Distribute Record of Public Hearing

(140.A)

11/28/94

P184
Select Preferred Alternative

(140.A)

11/28/94

P185
Initiate Preliminary Right of Way Hardship and Protection Acquisition Activities

(140.B)

11/28/94

P186
Request Preliminary Title Reports for Hardship and Protection Parcels

(140.B)

11/28/94

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TASK P180 (140.A)

Conduct Public Hearing

Narrative

The public hearing is the culmination of the public involvement process. Hearings are required by federal law or regulation for federal aid projects, but are not specifically required for CEQA projects. Public hearings are conducted for projects - not for environmental documents.

Initiator

Sub-Tasks

- Were notices published correctly?

- Were local entities informed of the project progress?

- Has a court reporter been scheduled?

- Are arrangements adequate?

- Is the Hearing Officer prepared?

- Set up tables, sound system, displays, etc.

- Brief staff on how to handle recess and question cards

- Brief Hearing Officer as to the length of time the record will be open, both in introductory remarks and again at hearing conclusion

Task Duration

References

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TASK P181 (140.A)

Request Public Comments

Narrative

During the public hearing, the Hearing Officer announces that written statements and exhibits could be submitted for the record until a specified date. Hearing comments must be accepted for a minimum of 10 days after the hearing; longer periods must be provided for complex or controversial projects. Submissions for the record are sent to the District Director at the address provided in the hearing handout.

To minimize confusion, the end of the period for public comment on the project for the hearing record and on the Draft environmental document should be the same.

Initiator

Sub-Tasks

Task Duration

References

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TASK P182 (140.A)

Prepare Responses to Public Comments and Correspondence

Narrative

During the hearing, the Hearing Officer will refer questions and comments to the proper panel member. However, it is permissible to respond to questions later in writing, but this process must be held to a minimum.

Questions and comments presented at the hearing or submitted to the District Director during the public comment period shall receive a written response. The questions, comments, and responses shall be included in the Record of Public Hearing. Substantive comments and responses of an environmental nature should also be included in the Final environmental document.

Initiator

Sub-Tasks

Task Duration

References

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TASK P183 (140.A)

Prepare and Distribute Record of Public Hearing

Narrative

After the public hearing, the Record of Public Hearing is prepared. It should be factual and not contain conclusions or recommendations. The Record should be prepared and distributed within 60 days of the hearing.

Initiator

Sub-Tasks

Task Duration

References

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TASK P184 (140.A)

Select Preferred Alternative

Narrative

Prior to beginning work on the final Project Report, for those projects with a Final EIR/EIS, or with alternatives identified in a Negative Declaration, the Preferred Alternative is selected by the PDT. The Preferred Alternative is then approved with Project Report approval by the District Director.

Initiator

Sub-Tasks

- The rationale for selecting the Preferred Alternative (including engineering, environmental, and planning data) and the reasons why other alternatives were not selected

- Current construction and right of way costs for the Preferred Alternative, compared to the programming figures in the current State Transportation Improvement Plan (STIP)

- Recommendations for any STIP programming changes in cost estimates, fiscal year scheduling, or stage construction

- A summary of the public hearing process results and evaluation, including the position of local entities on significant issues

- A summary and evaluation of major comments received from circulation of the Draft environmental document

Task Duration

References

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TASK P185 (140.B)

Initiate Preliminary Right of Way Hardship and Protection Acquisition Activities

Narrative

After selection of the Preferred Alternative, it may be necessary to acquire selected parcels. Such advance acquisitions are based on hardship or protection circumstances. Hardship and protection acquisitions should be full-take core parcels only.

Hardship acquisitions may be initiated for property owners who must sell their property because of medical, financial, or other reasons, but have been unsuccessful because of the State's proposed project.

Protection acquisitions may be initiated if a property owner has plans to develop the property and the State can realize substantial savings by acquiring it before development.

Initiator

Sub-Tasks

Task Duration

References

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TASK P186 (140.B)

Request Preliminary Title Reports for Hardship and Protection Parcels

Narrative

Title reports are used by Right of Way Engineering to aid in boundary determination, easement location, and preparation of legal descriptions. Obtaining title reports may require up to 18 months - six months is not uncommon, so it is necessary to order them early. After title reports are obtained, preparation of appraisal maps can begin.

Initiator

Sub-Tasks

Task Duration

References

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