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HomeMy WebLinkAbout3. Update PC Rules & RegulationsSTAFF REPORT PLANNING DIVISION DATE: JUNE 3, 2020 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT YVETTE M. ABICH GARCIA, CITY ATTORNEY SUBJECT: ADOPTION OF RESOLUTION UPDATING PLANNING COMMISSION MEETING RULES AND REGULATIONS REPORT SUMMARY On February 25, 2020, the Downey City Council adopted an ordinance amending its meeting rules to require 3 minutes per speaker for matters on the City Council agenda (non-agenda public comment, public hearings, consent calendar and administrative reports). The Ordinance will become effective March 26, 2020. In 2019, the City Council made clarifying changes to the meeting rules to allow one public comment period on Consent Calendar items even if an item is later pulled for discussion by the Council. Pursuant to Downey City Charter Section 904, the Planning Commission may adopt meeting rules and procedures, subject to approval by the City Council. Section 904 states in relevant part: “… Each 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 on file in the office of the City Clerk where they shall be available for public inspection.” The Planning Commission has adopted meeting rules and regulations (“By-Laws”) which have been amended over the years. The last update of the Commission By-Laws was in 2012. The By-Laws and the conduct of the Planning Commission’s meetings have remained consistent with the City Council meeting rules as contained in the Downey Municipal Code. This item is presented to the Planning Commission to amend the By-Laws in accordance with the recent changes made by the Downey City Council with respect to public participation at Council meetings. Those changes are as follows: 1.Public Hearings will have a 3-minute per speaker rule, except the applicant, with discretion to allow the Planning Commission to extend the time for good cause. 2.Non-public hearing items on the Planning Commission agenda listed as “Other Business” will have a 3-minute per speaker public comment period. PC Agenda Page 1 2 3.For consent calendar Items, each speaker shall be limited to three (3) minutes. If an item is pulled for further discussion by the Commission, the Commission may, but is not required to allow additional public comment. 4.For non-agenda public comment period, each speaker shall be limited to three (3)minutes. 5.Language was added that would allow the Commission to default to the City’s meeting rules in the Downey Municipal Code for any matters not addressed in the By-Laws. If the Resolution presented herein is approved by the Planning Commission, the Resolution will be presented to the City Council for approval. CONCLUSION Staff is recommending that the Planning Commission adopt the proposed Resolution recommending that the City Council adopt the proposed changes to the Planning Commission By- Laws. EXHIBITS A.Proposed Planning Commission Resolution o Includes Redline of Changes to By-Laws; B.Ordinance No. 20-1437 PC Agenda Page 2 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY UPDATINGESTABLISHING REVISED RULES AND REGULATIONS OF THE PLANNING COMMISSION IN ACCORDANCE WITH SECTION 904 OF THE DOWNEY CITY CHARTER THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby adopt the following rules and regulations pursuant to Section 904 of the Downey City Charterbylaws: DOWNEY PLANNING COMMISSION BY-LAWS 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 districts. 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. PC Agenda Page 3 Resolution No. Downey Planning Commission PC Bylaws LN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 2 Section 3. Vacancies in offices shall be filled immediately by regular election procedure, but for the unexpired term only. 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 Ccommission. 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 thant 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 PC Agenda Page 4 Resolution No. Downey Planning Commission PC Bylaws LN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 3 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 time 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. 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: PC Agenda Page 5 Resolution No. Downey Planning Commission PC Bylaws LN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 4 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 his 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 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. OTHER BUSINESS ADMINISTRATIVE REPORTS PC Agenda Page 6 Resolution No. Downey Planning Commission PC Bylaws LN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 5 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: 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. PC Agenda Page 7 Resolution No. Downey Planning Commission PC Bylaws LN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 6 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 information 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 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. During Public Hearings, all interested parties will be allowed to address the Commission. The applicant shall speak after the staff report and shall have the opportunity for rebuttal. The applicant shall not be limited by the three (3) minute time PC Agenda Page 8 Resolution No. Downey Planning Commission PC Bylaws LN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 7 limit, but shall not be repetitious or digress from the issues before the Commission. The Chairperson shall request persons wishing to address the Commission on a Public Hearing item to approach the podium. In the interest of facilitating the business of the Commission, all persons addressing the Commission shall be limited to three (3) minutes unless such time is extended by a quorum of the Commission for good cause. The Commission may establish a maximum period of time for public testimony before or during the hearing. 2. The Commission will accept public comment concerning agenda items listed under “Other Business” at the time the item is considered by the Commission. Individuals wishing to address an agenda item shall approach the podium at the time the title of the item is announced by the Chairperson. Each person speaking shall be limited to three (3) minutes per agenda item. 3. At the time that the “Consent Calendar” is considered by the Commission, members of the public may address the Commission on any item on the Consent Calendar. Each person shall be limited to three (3) minutes. Once all public comments on Consent Calendar items are made, the Commission shall determine which items, if any, shall be removed from the Consent Calendar. All items that had been removed will be considered by the Commission after the Consent Calendar is approved. The Commission may, but is not required, to allow additional public comment on items removed from the Consent Calendar. 4. The Commission will accept public comments on non-agenda items during the “Non-Agenda Public Comment” portion of the meeting. Persons may only address the Commission on items not on the agenda but pertaining to the subject matter under the jurisdiction of the Commission. A determination of whether an item is appropriate for discussion shall be made by the Chairperson with the consent of a quorum of the Commission. Persons addressing the Commission during the “Non-Agenda Public Comment” period of the meeting shall be limited to three (3) minutes, unless the time is extended by the Chairperson with the consent of a quorum of the Commission. 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 shall be made by the Chairperson with the consent of a quorum of the Commission. 2. 3. The Commission will hear the non-agenda items during the Oral Communications portion of the meeting. 4. 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 PC Agenda Page 9 Resolution No. Downey Planning Commission PC Bylaws LN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 8 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 Ccommissioners 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 given; 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 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 By- LawsRules and Regulations or any applicable statute or ordinance of the City. ARTICLE VIII AMENDMENTS AND SUSPENSIONS Section 1. These By-LawsRules 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 By-Law provisions 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, unless local or state law prohibits suspension of these By-law provisions. ARTICLE IX COMMISSION AUTHORITY Section 1. Any matters not addressed in these By-Laws shall be governed by the Downey City Council meeting rules contained in the Downey Municipal Code, as they may be amended from time to time. 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, amend or suspend the Commission's or individual Commissioner's obligations pursuant to the Political Reform Act, Open Meeting Law or PC Agenda Page 10 Resolution No. Downey Planning Commission PC Bylaws LN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 9 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. SECTION 3. Planning Commission Resolution No. 12-2804 is hereby repealed. SECTION 4. This Resolution shall take effect on the effective date of Ordinance No. 20- 1437 following approval by the Downey City Council. APPROVED by the Planning Commission this ____ day of _______, 20__. Miguel DuarteRobert Kiefer, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the ___ day of ___ 202014, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Approved by the Downey City Council during its regular meeting held on the ___ day of _______, 2020, by the following vote, to wit: Blanca Pacheco, Mayor ATTEST: _______________________ Maria Alicia Duarte, CMC City Clerk PC Agenda Page 11 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY UPDATING RULES AND REGULATIONS OF THE PLANNING COMMISSION IN ACCORDANCE WITH SECTION 904 OF THE DOWNEY CITY CHARTER THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby adopt the following rules and regulations pursuant to Section 904 of the Downey City Charter: DOWNEY PLANNING COMMISSION BY-LAWS 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 Council districts. 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. PC Agenda Page 12 Resolution No. Downey Planning Commission PC Bylaws - Page 2 Section 3. Vacancies in offices shall be filled immediately by regular election procedure, but for the unexpired term only. 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 than 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 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 PC Agenda Page 13 Resolution No. Downey Planning Commission PC Bylaws - Page 3 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 time 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. 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 PC Agenda Page 14 Resolution No. Downey Planning Commission PC Bylaws - Page 4 owned by the official or his 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 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. OTHER BUSINESS 11. STAFF MEMBER COMMENTS 12. ADJOURNMENT PC Agenda Page 15 Resolution No. Downey Planning Commission PC Bylaws - Page 5 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: 1. Chairman declares the public hearing open and with the consent of a quorum of the Commission. 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. PC Agenda Page 16 Resolution No. Downey Planning Commission PC Bylaws - Page 6 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 information 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 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. During Public Hearings, all interested parties will be allowed to address the Commission. The applicant shall speak after the staff report and shall have the opportunity for rebuttal. The applicant shall not be limited by the three (3) minute time limit, but shall not be repetitious or digress from the issues before the Commission. The Chairperson shall request persons wishing to address the Commission on a Public Hearing item to approach the podium. In the interest of facilitating the business of the Commission, all persons addressing the Commission shall be limited to three (3) minutes unless such time is extended by a quorum of the Commission for good cause. The Commission may establish a maximum period of time for public testimony before or during the hearing. PC Agenda Page 17 Resolution No. Downey Planning Commission PC Bylaws - Page 7 2. The Commission will accept public comment concerning agenda items listed under “Other Business” at the time the item is considered by the Commission. Individuals wishing to address an agenda item shall approach the podium at the time the title of the item is announced by the Chairperson. Each person speaking shall be limited to three (3) minutes per agenda item. 3. At the time that the “Consent Calendar” is considered by the Commission, members of the public may address the Commission on any item on the Consent Calendar. Each person shall be limited to three (3) minutes. Once all public comments on Consent Calendar items are made, the Commission shall determine which items, if any, shall be removed from the Consent Calendar. All items that had been removed will be considered by the Commission after the Consent Calendar is approved. The Commission may, but is not required, to allow additional public comment on items removed from the Consent Calendar. 4. The Commission will accept public comments on non-agenda items during the “Non-Agenda Public Comment” portion of the meeting. Persons may only address the Commission on items not on the agenda but pertaining to the subject matter under the jurisdiction of the Commission. A determination of whether an item is appropriate for discussion shall be made by the Chairperson with the consent of a quorum of the Commission. Persons addressing the Commission during the “Non-Agenda Public Comment” period of the meeting shall be limited to three (3) minutes, unless the time is extended by the Chairperson with the consent of a quorum of the Commission. r 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 given; 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. PC Agenda Page 18 Resolution No. Downey Planning Commission PC Bylaws - Page 8 ARTICLE VII PARLIAMENTARY PROCEDURE 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 By-Laws or any applicable statute or ordinance of the City. ARTICLE VIII AMENDMENTS AND SUSPENSIONS Section 1. These By-Laws 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 By-Law provisions only for the duration of the meeting at which time they are suspended by a unanimous vote of all members present at such meeting, unless local or state law prohibits suspension of these By-law provisions. ARTICLE IX COMMISSION AUTHORITY Section 1. Any matters not addressed in these By-Laws shall be governed by the Downey City Council meeting rules contained in the Downey Municipal Code, as they may be amended from time to time. 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, amend 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. SECTION 3. Planning Commission Resolution No. 12-2804 is hereby repealed. SECTION 4. This Resolution shall take effect on the effective date of Ordinance No. 20- 1437 following approval by the Downey City Council. APPROVED by the Planning Commission this ____ day of _______, 20__. Miguel Duarte, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the ___ day of ___ 2020, by the following vote, to wit: PC Agenda Page 19 Resolution No. Downey Planning Commission PC Bylaws - Page 9 AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Approved by the Downey City Council during its regular meeting held on the ___ day of _______, 2020, by the following vote, to wit: Blanca Pacheco, Mayor ATTEST: _______________________ Maria Alicia Duarte, CMC City Clerk PC Agenda Page 20 AN ORDINANCE OF i OF OF i AMENDING DOWNEY MUNICIPAL CODE ARTICLE 11, CHAPTER 1, SECTION 2105 REGULATING THE RULES OF i r FOR CITY COUNCIL MEETINGS WHEREAS, the City Council of the City of Downey declares that the business of the City is to be conducted in an orderly and efficient manner to facilitate thorough City Council deliberations and decision making; and WHEREAS, the City Council values the opinions and comments of the public on matters of city business; and WHEREAS, the City Council desires that all members of the public who attend the City Council meetings have their comments heard at the earliest point in the meeting, and that the public, in turn, may listen to the Council discussion and deliberations on such matters without distraction or disruption; and WHEREAS, Downey City Charter Section 510, consistent with the Ralph M. Brown Act, provides, among other things, that the public shall have the right to address the Council either orally or in writing on matters of City business, but such right shall be subject to reasonable rules and regulations as adopted by ordinance or resolution; and WHEREAS, the City Council wishes to amend the rules of conduct for city council meetings contained in Downey Municipal Code Article II, Chapter 1 to establish a three (3) minute time limit per speaker for public comments. NOW, -EFORE, THE CITY COUNCIL OF DOWNEY DOES HEREBYORDAIN1 i i SECTION 1. The City Council of the City of Downey hereby amends the City of Downey Municipal Code, Article II, Chapter 1, Section 2105 to read as follows: SECTION 2105. RULES OF CONDUCT FOR CITY COUNCIL MEETINGS. Conduct at City Council meetings shall be in accordance with the following rules: a) Unless addressing the City Council or entering or leaving the Council Chambers or other meeting place, all persons in the audience shall remain seated in the seats provided. No person shall stand or sit in the aisles or along the walls, unless permitted by the Mayor. No person shall block any doorways. b) All demonstrations, including cheering, yelling, whistling, handclapping and foot stomping which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting are prohibited. c) No placards, signs, posters, packages, bundles, suitcases or other large objects shall be brought into the Council Chambers or other meeting place if doing so would disrupt, disturb or otherwise impede the orderly course of the meeting. d) Smoking is prohibited in the Council Chambers or other meeting place. PC Agenda Page 21 i ` • 'ii •s i i t • • is ` - • • • • : `: i ` •:.. i _ ' _. ' i. • _ i • f _. i i • „ •: ` • . ` i , . • ' . • : : • is • : • : ` • : PC Agenda Page 22 WTIMPMOM-MV11990 PAGE 3 m) Animals are prohibited in the council chambers, except for trained K-9 police dogs and trained service animals as defined under State and Federal law." SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 3. Upon the effective date of this amendment, the City Clerk is directed to place and maintain copies of the City Council meeting rules in the back of the Council Chambers for members of the public. SECTION 4. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this 25t' d 0. CHEC Mayor77MO, M: r MARk'A-LICIA DUARTE, VMC AAtx-1 City Clerk PC Agenda Page 23 PAGE 4 s1 " 01 m9• 1TANUM AYES: Council Members: Ashton, Rodriguez, Saab, Frometa, Mayor Pachect NOES: Council Member: None. ABSENT: Council Member: None. ABSTAIN: Council Member: None. I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 20-1437, was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on January 30, 2020 (after introduction), and on February 27, 2020 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the r,ame dates. MIC I AD U A 0 E CM C' City Clerk PC Agenda Page 24