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HomeMy WebLinkAboutAmend By LawsSTAFF REPORT DATE: NOVEMBER 7, 2012 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT WILLIAM E. DAVIS, CITY PLANNER SUBJECT: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY ESTABLISHING REVISED RULES AND REGULATIONS OF THE PLANNING COMMISSION IN ACCORDANCE WITH SECTION 904 OF THE CITY CHARTER RECOMMENDATION Staff recommends that the Planning Commission recommend its approval of changes to the order of business for its Regular meetings to the City Council. BACKGROUND The order of business at Regular meetings of the Planning Commission is often confusing because the sequence of the topics is not logical. Basic matters such as the flag salute and roll call are not listed on the agenda, even though these actions occur at every meeting. The agenda does not indicate the time for the public to discuss non-agenda items; therefore, it is not always clear to them when it is appropriate to speak about a particular matter. The order of business does not explain the Consent Calendar clearly and it relegates the Planning Commissioner’s announcements to the nebulous category of “Other Business,” which is at the end of the agenda. Their opportunity to share information occurs at a time when most of the public has left the meeting. In an effort to improve the flow of information between commissioners, staff, and the public, staff has proposed minor changes to the order of business for Regular Planning Commission meetings. Modeled after the City Council’s order of business, the revisions would make the public meeting process understandable and efficient. As proposed, the flag salute and the roll call become their on Sections on the Agenda, Planning Commissioner announcements occur earlier in the meeting, while a new section identifies provides a designated area of the agenda for an opportunity for the public to discuss non-agendized topics. Approval of the Planning Commission Minutes will become a regular Consen t Calendar item, along with certain administrative reports. Staff has added a paragraph to the Consent Calendar section of the Order of Business to explain that items on the Consent Calendar will be approved in one motion unless a commissioner or a citizen requests a separate action an item or wishes to discuss it. The revised Order of Business is described as follows: PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA ARTICLE IV ORDER OF BUSINESS Section 1 . The order of business for regular meetings shall be: 1. CALL TO ORDER 2. FLAG SALUTE 3. ROLL CALL 4. PLANNING COMMISSIONER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS 5. PRESENTATIONS 6. REPORT ON CITY COUNCIL ACTIONS 7. PUBLIC HEARINGS 8. 9:30 RECESS 9. NON-AGENDA PUBLIC COMMENTS 10. CONSENT CALENDAR ITEMS --ITEMS IN THIS SECTION WILL BE VOTED ON IN ONE MOTION UNLESS A COMMISSIONER OR CITIZEN REQUESTS SEPARATE ACTIONS. ANYONE WISHING TO DISCUSS A CONSENT CALENDAR ITEM SHOULD BE RECOGNIZED BY THE CHAIRMAN, STATE NAME, ADDRE SS AND AGENDA ITEM NUMBER. FURTHER, ANY CONSENT CALENDAR ITEMS REMOVED FROM THE AGENDA WILL BE CONSIDERED BY THE COMMISSION FOLLOWING THE PUBLIC HEARING ITEMS. A. MINUTES B. ADMINISTRATIVE REPORTS 11. STAFF MEMBER COMMENTS 12. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the Planning Division office at (562) 904-7154 (voice) of the California Relay Service Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. Supporting data for items included in this agenda is available for public review and inspection in the office of the Planning Division during regular workday hours between 8:00 a.m. and 5:00 p.m., and in the City Library during regular hours and on the City website at http://www.downeyca.org. Amend Planning Commission By-Laws November 7, 2012 - Page 2 DISCUSSION Section 904 of the City Charter states: “Eac h board or Commission may prescribe its own rules and regulations, which shall be consistent with this Charter and shall be subject to the approval of the City Council. Copies of such rules shall be kept in the Office of the City Clerk where they shall be available for public inspection.” H:\Community Development\Davis\Planning Commi ssion\Staff Report (Amend By Laws).doc Amend Planning Commission By-Laws November 7, 2012 - Page 3 RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY ESTABLISHING REVISED RULES AND REGULATIONS OF THE PLANNING COMMISSION IN ACCORDANCE WITH SECTION 904 OF THE CITY CHARTER ARTICLE I MEMBERS Section 1. The Officers of the Planning Commission shall consist of a Chairman and Vice- Chairman, and all Commissioners shall be appointed members from their respective Councilmanic district. Section 2. The Chairman shall preside at all meetings and hearings of the Planning Commission and shall have the duties normally conferred by parliamentary usage on such an officer. The Chairman shall have the privilege of discussing all matters before the Planning Commission and to vote thereon. Section 3. The Vice-Chairman shall act for the Chairman in his absence. Section 4 . In the absence of both the Chairman and Vice-Chairman, the members present at such meeting may elect a Chairman pro-tem who shall serve only for the duration of the meeting in which he is appointed and shall have all powers of the Chairman for that meeting. Section 5. The Secretary to the Commission shall be the Secretary of the Planning Division or that person designated by the City Manager, and is not a member of the Planning Commission. The Secretary shall keep minutes of Planning Commission proceedings and transactions, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence, and perform such other duties for the Planning Commission as are normally carried out by a Secretary. ARTICLE II ELECTION OF OFFICERS Section 1. The Chairman and Vice-Chairman shall be elected by and from the members of the Planning Commission. Election of Chairman and Vice-Chairman shall be held at the second meeting of January of each year with the newly elected officers to take their seats on the first regular meeting in February. Section 2. The terms of office for Chairman and Vice-Chairman shall be for one year, and thereafter until their respective successors are elected and qualified. Vacancies in offices shall be filed immedi ately by regular election procedure, but Section 3. for the unexpired term only. Resolution No. 12-____ Downey Planning Commission ARTICLE III MEETINGS Section 1. MEETING TIMES The regular meetings of the Planning Commission of the City of Downey shall be on the first and third Wednesdays of the month at 6:30 p.m., in the City Hall, 11111 Brookshire Avenue, Downey, California, provided that whenever the time for holding any of the meetings falls on a holiday, the meeting shall be held on the next business day unless otherwise ordered by the commission. Section 2. AGENDA A. A written agenda shall be prepared for each regular and adjourned regular meeting of the Commission. B. The agenda must contain a brief general description of each item of business to be transacted or discussed at that meeting. C. Each agenda shall contain a clear statement of the time and location of the meeting as well as a statement that reports and documents relating to each agenda item are on file in the office of the Director of Community Development and are available for public inspection. D. The agenda shall be posted not less that 72 hours in advance of the regular or adjourned regular meeting to which it relates. E. The agenda shall be posted in a location freely accessible to the public on the City Hall Bulletin Board, Downey Public Library and Barbara J. Riley Community and Senior Center. The person posting the agenda shall complete and sign a certificate of posting. F. In addition to other notice requirements, the call and notice of a special meeting shall be posted at the locations specified in subparagraph E. Where feasible, an agenda shall be prepared for the special meeting in accordance with the procedures described in this paragraph. G. Emergency meetings pursuant to Government Code Section 54956.5 and other applicable law can be held without complying with the agenda requirements of this paragraph. H. The Commission shall not take any action on any item which does not appear on the posted agenda except as follows in accordance with the Governmental Code Section 54956.5 P.C. Bylaws November 7, 2012 – Page 2 Resolution No. 12-____ Downey Planning Commission 1. Emergency Situation An emergency situation is defined as a work stoppage or other activity which severely impairs public health, safety, or both. Before proceeding to act upon an emergency item not appearing on the agenda, the Commission must, by a majority vote, determine that an emergency situation exists and that prompt action is required by the Commission. The Commission shall include in the minutes of its meeting the facts upon which it relied in finding the existence of an emergency situation. 2. "Subsequent Need" Item The Commission may act upon an item not appearing on the agenda if it finds, by a two-thirds vote or by a unanimous vote if less than two-thirds but more than a quorum of its members are present, that the need to take action on the non- agenda item is required because the need to act arose after the posting of the agenda. If such a determination is to be made, a statement of facts upon which the determination is based shall be included in the minutes supporting the action taken. 3. Held Over Item Items not appearing on the posted agenda may be acted upon at a meeting if: (a) the item appeared on a properly posted agenda for a previous meeting; and (b) the previous meeting occurred not more than five calendar days prior to the date of the meeting at which the item is proposed to be considered; and (c) the item was continued from the previous meeting to the meeting at which action is proposed to be taken. Section 3. Special Meetings may be called at any ti me by the Chairman or by a majority of the Planning Commission by appropriate notice to the members of the Commission and to the media. The call and notice of the meeting shall provide the time, place and date of such meeting and the business to be transacted. The Secretary shall post an agenda of the Special Meeting at least 24 hours prior to said meeting. Section 4. If, for any reason, the business to be considered at any regular or adjourned regular, special or adjourned special meeting cannot then be completed, the Commission may at such meeting designate the time for an adjourned meeting to consider any matter than can properly be considered at such meeting, and the notice of an adjourned meeting shall be posted in the manner required by Article III, Section 1 and 2 of these By-Laws. With respect to members not present, it shall be the duty of the Secretary to employ such reasonable means as may be necessary to notify the absent members. Section 5. All meetings of the Commission shall be public meetings open to the public at all times, and all persons shall be permitted to attend such meetings. The provisions of this Section shall not apply to those matters that occur in closed sessions as outlined by the Brown Act. P.C. Bylaws November 7, 2012 – Page 3 Resolution No. 12-____ Downey Planning Commission Section 6. Appearance of a Commissioner before the Planning Commission. After a Commissioner has disqualified him or herself as a result of a potential conflict of interest, he or she may appear before the Commission during the hearing on the matter and present testimony regarding the matter, provided it is done in the following manner: A. Appears in the same manner as a member of the general public may appear, solely to represent him or herself in a manner relating to his or her personal interest. The official's "personal interests" would include, but not limited to, an interest in real property wholly owned by the official or hi s facility, a business wholly owned by the official or his family or a business entity which the official controls. B. When the Commissioner appears before the Planning Commission as a member of the general public, the testimony given should address how the decision will affect his personal interest. The Commissioner should not present testimony in a manner as acting as a representative of other persons in the community and should not bring forth matters beyond these personal interests. C. The Commissioner may have a representative speak on his or her behalf; once again the testimony given should be limited to how the decision relates to the public official's personal interest. ARTICLE IV ORDER OF BUSINESS Section 1 . The order of business for regular meetings shall be: 1. CALL TO ORDER 2. FLAG SALUTE 3. ROLL CALL 4. PLANNING COMMISSIONER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS 5. PRESENTATIONS 6. REPORT ON CITY COUNCIL ACTIONS 7. PUBLIC HEARINGS 8. 9:30 RECESS 9. NON-AGENDA PUBLIC COMMENTS 10. CONSENT CALENDAR ITEMS --ITEMS IN THIS SECTION WILL BE VOTED ON IN ONE MOTION UNLESS A COMMISSIONER OR CITIZEN REQUESTS SEPARATE ACTIONS. ANYONE WISHING TO DISCUSS A CONSENT P.C. Bylaws November 7, 2012 – Page 4 Resolution No. 12-____ Downey Planning Commission CALENDAR ITEM SHOULD BE RECOGNIZED BY THE CHAIRMAN, STATE NAME, ADDRESS AND AGENDA ITEM NUMBER. FURTHER, ANY CONSENT CALENDAR ITEMS REMOVED FROM THE AGENDA WILL BE CONSIDERED BY THE COMMISSION FOLLOWING THE PUBLIC HEARING ITEMS. A. MINUTES B. ADMINISTRATIVE REPORTS 11. STAFF MEMBER COMMENTS 12. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the Planning Division office at (562) 904-7154 (voice) of the California Relay Service Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. Supporting data for items included in this agenda is available for public review and inspection in the office of the Planning Division during regular workday hours between 8:00 a.m. and 5:00 p.m., and in the City Library during regular hours and on the City website at http://www.downeyca.org. Section 2 . The order of business for special meetings shall be: 1. Roll Call 2. Hearings and Cases, if any 3. Special Business 4. Oral Communications 5. Adjournment Section 3. The order of business of any meeting may be changed by the Chairman with the approval of a majority of a quorum of the Commission. ARTICLE V HEARINGS Section 1. In order to expedite the hearings on any petition, application, or appeal, the time for such hearings shall be set by the Secretary at the time of the filing of the petition, application or appeal, and the Secretary shall cause notice thereof to be given as required by the applicable law. All hearings shall be set for 6:30 p.m., unless otherwise specified by the Chairman or the Commission. Section 2. The procedure for public hearings shall conform as nearly as possible to the following outline: P.C. Bylaws November 7, 2012 – Page 5 Resolution No. 12-____ Downey Planning Commission 1. Chairman declares the public hearing open and with the consent of a quorum of the Commission, may establish a maximum period of time for public testimony during the hearing. 2. Planning Division presents the case and factual information of land use and zoning in the area. 3. Chairman calls on applicant and those favoring the application. Each person speaking shall state for the record his or her name and address. 4. Chairman calls on those protesting the application. Each person speaking shall state for the record his or her name and address. 5. Chairman gives applicant time for rebuttal of protests. 6. Chairman asks for Planning Division recommendation. 7. Chairman declares the public hearing closed when members of the Planning Commission indicate they have heard all pertinent testimony. After the public hearing is closed, no additional substantive testimony may be given, however, the Commission may clarify information which has been received into the public record by directing questions to its staff or the public, provided further that such clarifications are made at the same meeting and immediately following the closure of the public hearing. 8. Planning Commission takes action. Section 3. 1. On the Planning Commission agenda we will note, that at 9:30 p.m. the Planning Commission shall recess the regular meeting. At this time Staff will evaluate the agenda to see what items remain, to see if any new items will be heard beyond 10:30. If it is determined that the remaining items on the agenda will go beyond the 10:30 time period, Staff will confer with the various applicants as to the urgency of the items to be heard that "evening and will then give this information to the Chairman. The Commission will then determine which items need to be considered this evening and those items that could be continued to another meeting. 2. Upon the Chairman receiving informati on of those Planning Commission items that will go beyond the 10:30 time period, the Chairman of the Planning Commission will take those requested items to be continued, out of sequence with the action to continue those items to the designated scheduled meeting date and shall be placed first on the agenda. 3. The 9:30 recess will be adhered to as closely as possible, however, if there is a hearing in process, that hearing will be taken and the items 1 & 2 above will be conducted by Staff and the Commission will proceed accordingly. 4. A hearing before the Planning Commission, which for any reason cannot be completed at the time and place originally advertised, may be continued to a later P.C. Bylaws November 7, 2012 – Page 6 Resolution No. 12-____ Downey Planning Commission date and an announcement of the time, place, and date of such continued hearing shall constitute sufficient notice to all parties concerned. Section 4. In addition to hearings required by law, the Planning Commission may, at its discretion, hold public hearings on any matters when the Commission decides that such hearings will be in the public interest. Section 5. 1. Persons may address the Commission only on items pertaining to the subject matter under the jurisdiction of the Commission. A determination of whether an item is appropriate for discussion shal l be made by the Chairperson with the consent of a quorum of the Commission. 2. The Commission will hear the non-agenda items during the Oral Communications portion of the meeting. 3. Persons addressing the Commission during the Oral Communications portion of the meeting shall be limited to five (5) minutes, unless the time is extended by the Chairpersons with the consent of a quorum of the Commission. ARTICLE VI QUORUM Section 1. Three members of the Commission shall constitute a quorum for the conduct of business, and the vote of a majority of the members at a meeting where a quorum is present shall determine the act of decision or other law except where three votes are required by applicable ordinance. Section 2. In the event of the lack of quorum at a meeting, the Chairman or Vice-Chairman, or Chairman Pro-tem, in that order, shall adjourn the meeting to another time, place, and date, and such adjournment shall serve as sufficient notice thereof to all matters whether present at such meeting or not. With respect to members not present, it shall be the duty of the Secretary to employ such reasonable means as may be necessary to notify the absent members. The Secretary may adjourn a meeting where no commissioners are present, provided that if the meeting is adjourned to a time other than the next regular meeting, notice of the meeting shall be given as if the meeting were a special meeting. Section 3. The Chairman and every member of the Commission present shall vote upon every issue unless abstaining for a reason giv en; provided, that when a hearing has been held on an issue and testimony has been taken, no member not present at such hearing shall vote upon such issue unless he has first read a transcript or heard a tape recording of the testimony and proceedings during the hearing. ARTICLE VII PARLIAMENTARY PROCEDURE P.C. Bylaws November 7, 2012 – Page 7 Resolution No. 12-____ Downey Planning Commission Section 1. Robert’s Rules of Order shall govern in the conduct of Commission Meetings in all cases to which they are applicable and in which they are not inconsistent with these Rules and Regulations or any applicable statute or ordinance of the City. ARTICLE VIII AMENDMENTS AND SUSPENSIONS Section 1. These Rules and Regulations may be amended at any regular or special meeting by an affirmative vote of not less than three members of the Planning Commission. Section 2. The Planning Commission may suspend any of these rules and regulations only for the duration of the meeting at which time they are suspended by a unanimous vote of all members present at such meeting. ARTICLE IX COMMISSION AUTHORITY Section 1. Failure of the Commission to follow the procedures established by this Resolution shall not invalidate or otherwise affect any action of the Commission. Section 2. These By-Laws in no way modify, am end or suspend the Commission's or individual Commissioner's obligations pursuant to the Political Reform Act, Open Meeting Law or other applicable statute of statewide concern. These By-Laws shall be construed to remain consistent with such statutes, as they may be amended from time to time. P.C. Bylaws November 7, 2012 – Page 8 Resolution No. 12-____ Downey Planning Commission APPROVED by the Planning Commission this __ day of ______ 2012. _____________ Chairman, City Planning Commission ATTEST: L___________ , Secretary City Planning Commission APPROVED BY THE CITY COUNCIL this ___ day of _____, 2012. _____________________ , Mayor ATTEST: __________________________ Adria M. Jimenez, City Clerk P.C. Bylaws November 7, 2012 – Page 9