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HomeMy WebLinkAbout16. Adopt Reso Updated Rules and Regulations of the Planning Commission in Accord w-Section 904 of City CharterItem No. E D FJ Y TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER FROM: OFFICE OF THE CITY MANAGER BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMEto DATE: JULY 14, 2020 U11PLO] :4 BY-1 0 1" =RIA71 I 1 0 M I HA On February 25, 2020, the Downey City Council adopted an ordinance amending its m etin rules to require 3 minutes per speaker for matters on the City Council agenda. The Or�leinanl became effective on 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 i later pulled for discussion by the Council. In an effort to maintain consistency in the procedures of public meetings and public hearings, the Planning Commission intends to make similar amendments to its meeting rules. Pursuant i 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. W. #ZnP*M2.1 AAGAaM�1 the recent changes made by the Downey City Council with respect to public participation at Council meetings. Those changes are as follows: ANNUAL DOWNTOWN PARKING ASSESSMENT JULY 14, 2020 PAGE 2 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; 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; and, 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. At their regular meeting of June 3, 2020, the Planning Commission adopted Resolution No. 20- 3122 to amend the By -Laws of the Planning Commission as noted above. These changes now require the City Council's approval in compliance with Section 904 of the City Charter. Therefore, the Planning Commission recommends that the City Council approve the revised By - Laws, as reflected in Resolution No. 20-3122. Efficiency & Adaptability There is no fiscal impact associated with this report. ATTACHMENTS A — Planning Commission Resolution No. 20-3122 B — Planning Commission Staff Report with Exhibits I i 0 •0 1 ' ' 0 0 0 a F-10—U01 :4 BE 10 IN WITI I I ---ah W-I Section 1. The Officers of the Planning Commission shall consist of a Chairman and 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 -ifficer. The Chairman shall have the privilege of discussing all matters before the Planning Commission and to vote thereon. Section 4. In the absence of both the Chairman and Vice -Chairman, the members 2 Q�2inwzi;un meeting in which he is appointed and shall have all powers of the Chairman for that meeting. §�ection 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-pmnare the anenda of re ular and of hearinea,�� correi-,aondence as are normally carried out by a Secretary. OREORW Mill IN R I 1ILT-1,21durflan Man 60 MUM at meeting of January of each year with the newly elected officers to take their seats -egular meeting in February, Section 2. The terms of office for Chairman and Vice -Chairman shall be for one ye and thereafter until their respective successors are elected and qualified. I Attachment "A" Resokificm No�"'0-3122 Downey Ran�-�inq Section 3. Vacancies in offices shall be filled immediately by regular election procedure, but the unexpired term •: Section 1. MEETING TIMES The regular meetings of the Planning Commission of the City of Downeyshall be on thefirst • third Wednesdays • the month at 6:30 p.m., in the City Hall, 11111 Brookshire Avenue, Downey, California, provided that whenever the time • holding any • the meetings falls • a holiday, the meeting shall be held on the next business day unless otherwise ordered by the Commission. A. A written agenda shall be prepared for each regular and adjourned regular meeting of the ;•fi B. The agenda must contain a brief •- description • each item • • to •- transacted • discussed at that meeting. C. Each agenda shall contain a clear statement •' the time and location • 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 • 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. Emergency meetings pursuant to Government Code Section 54956.5 and other applicabl6 law can be held • complying with the agenda requirements • this paragraph, I-Q 0 L� ['I K=X(61=1 6) 9�1;2 to] I Loll," I a 1;Kkel to F; I ale1:11A i 4 10 11 r—IM191TIA I Ri 114 ItRI K91010 N&CIU9 ffirs'&M 91411V 1. Emeraenev •.., An emergency situation is defined as a work stoppage or other activity which severely 'mpairs; public health, safety, or both. Before proceeding to act upon an emergency item not gdw�= Resolution No. 20'3122 Downey Planning Commission 2. "Subseauent Need" Item The Commission may act upon an item not appearing on the agenda if it finds, by a two - 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 3. ' Held Over Item Items not appearing on the posted agenda may be acted upon at a meeting if: the item appeared on a properly posted agenda for a previous meeting; and of the meeting at which the item is proposed to be considered; and is proposed to be taken. Section 3. Special Meetings may be called at any time by the Chairman or by a majority ers of the Commission and to the media. The call and notice of the meeting shall provide the time, place and date of such meeting least 24 hours prior to said meeting. Section 4. If, for any reason, the business to be considered at any regular or adjourned jigular, special or adjourned s ecial meetin 0 cannot then be completed, the Commission may at IMIN be considered at such meeting, and the notice of an adjourned meeting shall be posted in the manner required by Article 111, Section I 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 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 11personal interests" would include, but not limited to, an interest in real property wholly PC Bylaws - Page 3 611 M'4.,7a,":rid„x;i' business entity which the official • • When - Commissioner appears before the Planning Commission as - •- of general public, - testimony given should address • decision personal int- - - Commissioner should not present - •, manner - • as a representative of other persons in the community and should not r, • forth 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. Section 1. The order of business for regular meetings shall be: 1. CALL TO ORDER 2. FLAG SALUTE monomommomm • i i - iL k ArN i - -- i it • ri ;r i r- i • i 'i i i i fiy�� r i', : ►1►�1���� PC Bylaws - Page 4 Resolution No. 20-3122 Downey Planning Commission ava MUZ-furpTir 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 hfto://www.downeyca,orq., Section 2. The order of business for special meetings shall be: 1. Roil Call 2. Hearings and Cases, if any 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 Section 1. In order to expedite the hearings on any petition, application, or appeal, the WAiN16" P WO lilic 1114 Milk- 011601W • appeal, and ine Secrefa&j 5MMA CUM HUMA2 LFICIO&I-LAF-110 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 • 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. I PC Bylaws - Page 5 Resolution No. 20-3122 - D- Commission owney Planning 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. 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 heard that "evening and will then give this information to the Chairman. The 2. Upon the Chairman receiving information of those Planning Commission items th will go beyond the 10:30 time period, the Chairman of the Planning Commission take those requested items to be continued, out of sequence with the action continue those items to the designated scheduled meeting date and shall be plac first on the agenda. 3The 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. rt FTO P R t Mis 111111 fie FIZZO III IWIMSF-T, ZI In will be in the public interest. 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. . � r1. " 1.0 - 4 'Ir Aesolution No. 20-3122 L 2. The Commission will accept public comment concerning agenda items listed under "Other Business" at the time the item is considered • the Commission. Individuals wishing to address an agenda item shall approach the podium at the time the title of the item is announced • the Chairperson. Each person speaking • be limited • three (3) minutes per agenda item. oil of its 0 0 on Consent Calendar items are made, the Commission sl � which i 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 ietermine the act of decision or other law except where three votes are required by applicabliz ordinance. Section 2. In the event of the lack of quorum at a meeting, the Chairman or Vice- P o-tem in that order shall ad'ourn the meeting to another time, place, and • were a •- meeting. Section 3. The Chairman and every member of the Commission present shall vote upon IMe • issue unless he has first • a transcript • heard a tape recording •y the testimony and proceedings during the hearing. PC Bylaws - Page 7 N,esolution No. 20-3122 Section 1, Robert's Rules of Order shall govern in the conduct of Commission Meetings or any applicable statute or ordinance of the City. 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 provisiorm n&77117673� provisions. 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. WA_ •.I _IQRO 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 4. This Resolution shall take effect on the effective date of Ordinance No. 20- 1437 following approval by the Downey City Council. AMMEMEL =. Resolution No. 20-3122 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 17 th day of June, 2021 +,y the following vote, to wit: AYES: COMMISSIONERS: Owens, Spathopoulos, Frometa and Duarte NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Dominguez ABSTAIN: COMMISSIONERS: None +Mary C anagh, Secreta City Planning Commission Npproved by the Downey City Council during its regular meeting held on the _ day of 2020, by the following vote, to wit: Maria Alicia Du�r—te, CMC City Clerk PC Bylaws - Page 9 CityofDowney STAFF REPORT PLANNING DIVISION * WO 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 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 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 relevan'-] 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: I - I - Z - - - - I - M* . L4011r-211111ZAL01 0 0 0 0 . 2. Non-public hearing items on the Planning Commission agenda listed as "Other Business" will have a 3-minute per speaker public comment period. NNNEMEM Me 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 A. Proposed Planning Commission Resolution o Includes Redline of Changes to By -Laws; B. Ordinance No. 20-1437 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY UPDATINGE-STABLISHING-RE-VISED RULES AND REGULATIONS OF THE liL-ANNING COMMISSION IN ACCORDANCE WITH SECTION 904 OF THE DOWNEYCITY CHARTER SECTION 1. The Planning Commission of the Ci��Qo��do� he��adm��e DOWNEY PLANNING COMMISSION BY-1-AWS untroxx 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 Councilmanie districts. 8enUmn 2. The Chairman shall preside at all meetings and hearings of the Planning Commission and ohoU have the duties normally conferred bvparliamentary 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 inhis absence. Section 4. In the absence of both the Chairman and Vloe-Chainnmn. 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 ehoU 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 ahe|| keep nninubmm 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 bye Secretary. F-11:49��� Section 1. The Chairman and Vice -Chairman shall be elected bvand 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 behe their seats on the first regular meeting in February. Seotion2. The terms ofoffice for Chairman and Vice -Chairman shall befor one year, and thereafter until their respective successors are elected and qualified. Resolution No. Downey Planning Commission Section 3. Vacancies in offices shall be filled immediately by regular election procedure, but for the unexpired term only. ARTICLE III 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 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. By Page 2 PC Agenda Page 4 Resolution No. Downey Planning Commission 1. Emer encv Situation, An emergency situation is defined as a work stoppage orother activity which severely impairs public hee|Uh, safety, or both. Before proceeding to act upon an emergency item not appearing onthe agenda, the Commission must, byamajority vo1m.deternnine\hatanenneq]enoy situation exists and that prompt action is required by the Commission. The Commission shall include inthe minutes ofits meeting the facts upon which itrelied infinding the existence ofenemergency situation. 2. "SubseOuentNeed" Item The Commission may act upon anitem not appearing omthe 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 toact 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: (e)the item appeared onoproperly posted agenda for eprevious meeting; and (b)the previousmeeting occurred not more than five calendar days prior tothe 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 bacalled atany time by the Chairman or by a majority mfthe Planning Commission bvappropriate notice bothe members ofthe Commission and tothe media. The call and notice nfthe meeting shall provide the time, place and date ofsuch meeting and the business to be transacted. The Secretary shall post an agenda of the Special Meeting at least 24hours prior b»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 nneeUnA, and the notice of an adjourned meeting shall be posted in the manner required by Article |||. Section 1 and 2 of these By -Laws. With respect to members not pneoent, it shall be the duty of the Secretary to employ such reasonable nneeno as may be necessary bonotify the absent members. Section5. 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 Commissioner before the Planning Commission. After 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 itiodone inthe following manner: pC8vlaws 1-NA4-00051-- 8206-82-1*Firestone-BMJ Amgvxtxq2A14,'Page 3 PC Agenda Page 5 Resolution No. Downey Planning Commission 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. Section 1. The order of business for regular meetings shall be: 1. CALL TO ORDER 2. FLAG SALUTE 0o]I11111111547_N" a. 9X4101 .•. 6. REPORT ON CITY COUNCIL ACTIONS 7. PUBLIC HEARINGS 8. 9:30 RECESS i ,, �;, • , 1 ••,, , �, • i '' is A. MINUTES B. OTHER BUSINESS :CI' t1 ISTI TIVI -R- - RT PC %ki s L N-1 Hr00051--8,,20G-82 ) Blvd "t°rg�- ;f 21}, 2914 -Page 4 PC Agenda Page 6 Resolution No. Downey Planning Commission 11. STAFF MEMBER COMMENTS 12. ADJOURNMENT |ncompliance with the Americans with Disabilities Act, ifyou need special assistance to participate in this meeting, you should contact the Planning Division office at (562) 9U4-7154/vmice\ofthe California Relay Service Notification 4Mhours prior hothe meeting will enable the City to nnaho 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 qfthe 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 httD://www.downevca.org. Section 2. The order ofbusiness 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 orderofbusiness ofany meeting may hechanged bvUheChairman with the approval of a majority of a quorum of the Commission. ARTICLE Section 1. |norder b»expedite the hearings onany petition, application, nrappeal, the time for such hearings shall beset bvthe Secretary atthe time ofthe filing ofthe 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 0:30 p.rn., un|mno otherwise specified by the Chairman or the Commission. Geotion2. The procedurefor public hearings shall conform aanearly ae possibletothe following outline: Chairman declares the public hearing open and with the consent of a quorum of the Commissiomi 2. Planning Division presents the case and factual information of land use and zoning inthe area. 3. Chairman calls on applicant and those favoring the application. Each person speaking shall state for the record his orher name and address. PCBvlawmLN-14�A0051-8206-321O-F����!vd Auguci20.2811-Page 5 PC Agenda Page 7 Resolution No. Downey Planning Commission 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. 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 toits staff orthe public, provided further that such clarifications are made md the same meeting and immediately following the closure of the public hearing. 8. Planning Commission takes action. Section 3. On the Planning Commission agenda we will note' that odS:3O 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 becontinued toanother meeting. Z Upon the Chairman receiving information mfthose 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 ogntinued, out ofsequence with the action to continue those items tothe designated scheduled meeting date and shall beplaced first mnthe 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 a1theUnneandplace originally advedised.nlaybenontinuedtna laterdota and an announcement of the tinnm, p|ace, and date of such continued hearing shall constitute sufficient notice to all parties concerned. Section 4. |naddition hnhearings required bvlaw, the Planning Commission may, Edits discretion, hold public hearings onany matters when the Commission decides that such hearings will be in the public interest. Section 5. 1. QVhnciPublic Ne�dng���Uint(-,,reshsd oarOeswill beallowed to address the Commission. I -he appLicantshaUspeak after the staffneVort and shall have the PCBykivvoL��4�Q�—��������e��� AKyot20.2C11 PageU PC Agenda Page 8 Resolution No. Downey Planning Commission limit, but shall not be re�ttfious or dirlress from the issues before the Com ' ms "i ' s " i - on The Chairperson shall MCILJOSt _pc�ns wishing to address the Commission on a Public Hearincl item to a oach the podiuni. In the Interest of facifita iness of the� Conin,iission, all persons a ission shill be limited to three (3) minutes, urfless such time is -extended by a CIL101-Urn Of the COTI'InlisSiOn for stood CaLISO. The ofiaiaaissirara r1lay estal',Ash a maximurn period of time for public testimonv before of, c�Wrinq tile hearing, 2 J'f I (, COnlmjS9j()fJ Will I)t oUblic comment concerning anoncia itenis listed under "Other Business" at the time the item is considered by the Cornn-iission. IndividUali wishing to address an agenda item shalt approach the _ppdiurLit the, timethe title of the item is announce(j by the Chaimerson. Each person speaking shall be limited to throo (3) minutes per aqqnd� �tteni, 3. At the time that the "Consent Calendar" is considered by tf'�e CommissiM flnerribers of the public rnav address fl-ie Gornnlisqion on anv iteiv, on the Consent Calendar. Each person shall be limited to: thrp ��e'i) rnintites. Once all b Wc ��pninients on Consent Calendar Rorns are made. [he Con-triiission: shall determine which items, if qfjy_,�I-LqIl be removed from the Consent Calendar, All items that had been removed will be considered Ly��) Commission after the Consent Calendar is approved. The Commission rnav, but is not to allow additional oublic conirnent on iton,is removed from the Consent Calendar. 4. The Commission will aLcept L)ublic coniments on non-agerldo iterns qlii! t)r� �Lon-Aqenda Public COMM_epr'portion of the meeting. Persons maw ly y address the C=rnission on items not on the agenda, but perlainitLci to the SUbject nialter finder the jurisdiction of the Coninlission. A determination, of whelh,-ar an Item Is aivronriate for discussion shall be mado, by the Chairperson with the consent of a quorum of the Commission, Persons i-,iddressinq the Commission durinq the "Non-Am!,,nda PLIIAC CornmentIpp,riiod of the nleetinq shall be limited to Three (3t ininutes fIlless the firne is 'Xietrided by the Chairpersonwith the consent of a q!I9pIM of the Cornmission. only -the--Gomnlission.- -A, is quomriiof the Garrfn*,s_rorr. 2-. hear the-11011-ageT Ida erns -during the Oral Communications portion-rYf­ttie rneeting, 4-.-Rerson&addressing the-rComjiiissi�,-n-dL�iririg-th-v,-Qral-C.'oFviryiLi,ni(;ati(-),ris po, ffion-of_tlie nle(Aing--shall -be lirnited to five (5) minutec, IMIOGS UIC time is extended -by-4-ho Cfaarrpe17S aquororwor the Gornfl-vissiiorl� Section 1. Three members of the Commission shall constitute 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 13yl_�ws Firestone- Blvd, Auquct 2C, 2C I! -- Page 7 PC Agenda Page 9 Resolution No. Downey Planning Commission determine the ant 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 o meeting, the Chairman or Vice - Chairman, orChairman Pro-tem, in thatorder, shall adjourn the meeting to anothertime, 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 eomay benecessary tonotify the absent members. The Secretary may adjourn e meeting where no Qoonnnnissionena any 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 aspecial meeting. Section3. The Chairman and every memberof the Commission presentshall 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 e tape recording of the testimony and proceedings during the hearing. MIM Section1. Robert's Rules of Order shall govern inthe conduct of Commission Meetings in all oeome to which they are applicable and in which they are not inconsistent with these By - or Section 1. These B ,y-L;.1A�5Ru-le&anr1 Requlat4is may be amended @1any 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 orVvsioms rules a-nd only for the duration ofthe meeting etwhich time they are suspended hva unanimous vote of all members present at such meeting,c�| m� sta�� �aw/ �rmh�ib�2:,wspgnsion of those Bv-law provisions. WaNam SGCbDA1. tterS not addressed these BV-Laws shaW be gpver1rJed by the Dowmey�Cih/Council mootnQ ruIG's ouu [}AwneyMunicirwil Codm, as, _D2eyrmyby amended from time imtime. Failure mfthe Commission 0ofollow the procedures established bvthis 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 PC8vlax L�14-00061—=6-82,10,-Hrestns�+ Blvd Page PC Agenda Page 10 Resolution No. Downey Planning Commission 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. Planninq Commission Resolution No. 12-2804 is hereb.y-J'eoeakd. SECTION 4. This Resolution shall take effect on the effective date of Ordinance No. 20- 1437 follawiii(j,_�ijjpLoval bv the Downev Cftv Council. APPROVED by the Planning Commission this day of , 20_. Mijrtsel L [?Lra leRoberl-Kit-fer, 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_ 202044, by the following vote, to wit: •1 PUT X Z I R�e k WWIU�M 'T"IMM" 0 - E M F WM F., I I i kiLei 8 1 & 161 t&-141 e A. M L�pprovpd by the Downey City CoLincil durinq its re_qL!I?r meeting held on the day of 2020, by the f(.Aowin(-j vote, to Mt: MOMM Maria Alicia Duarte, CNAC Citv Clerk Bl,anca Pach'eco, Mayff PC F%okavvs LN-14-00051­8206-8210 1`4restone Mvd Au,-,,jct2Q,2C11 Page PC Agenda Page 11 SECTION I.. The Planning Commission mfthe City ofDowney does hereby adopt the following rules and regulations pursuant to Section 904 of the Downey City Charter: Section 1. The Officers ofthe Planning Commission shall consist ofaChairman and Vice -Chairman, and all Commissioners shall be appointed members from their respectiveCouncil Section 2. The Chairman ehmU preside at all nnee1n0a and hearings of the Planning Commission and eheU have the duties normally conferred bvparliamentary 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 inhis absence. Section 4. In the absence of both the Chairman and Vice-Cheinnan, 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 nninubae of Planning Commission proceedings and transactions, prepare the agenda ofregular and special meetings, arrange proper and legal notice of hearings, attend to correspondence, and perform such other duties forthe Planning Commission as are normally carried out by Secretary. MOM ELECTION OFOFFICERS Section 1. The Chairman and Vice -Chairman shall beelected bvand 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 ofoffice for Chairman and Vice -Chairman shall befor one year, Resolution No. Downey Planning Commission Section 3. Vacancies in offices shall be filled immediately by regular election procedure, butfor 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. Emeroencv 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 Bylaws - Page 2 PC Agenda Page 13 Resolution No. Downey Planning Commission appearing onthe agenda, the Commission must, bva majority vote, determine that anemergency 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. "GubseauentNeed" 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 onaproperly posted agenda for aprevious meeting; and (b) the previousmeeting 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 atany time by the Chairman orbyamajority ofthe Planning Commission bvappropriate notice bothe members Vfthe Commission and tothe media. The call and notice of the meeting shall provide the time, place and date of such meeting and the business tobetransacted. The Secretary shall post anagenda mfthe Special Meeting ad least 24hours prior b»said meeting. Sectiom4. 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 nneaUng, and the notice of an adjourned meeting shall be posted in the manner required by Article |||. Section 1 and 2 of these By -Laws. With respect to members not 9naoent, it shall be the duty ofthe Secretary to employ such reasonable means as may be necessary tmnotify 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 Commissioner before the Planning Commission. After Commissioner has disqualified him or herself as a result of a potential conflict of interest, heorshe may appear before the Commission during the hearing on the matter and present testimony regarding the mmetter, provided itiodone |nthe following manner: A. Appears in the same manner as a member of the general public may appear, solely to represent him orherself inemanner relating hohis orher personal interest. The official's 11personal interests" would include, but not limited to, an interest in real property wholly PCBylaws ' Page 3 PC Agenda Page 14 Resolution No. Downey Planning Commission 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. Section 1. The order of business for regular meetings shall be: 1. CALL TO ORDER 2. FLAG SALUTE 3. ROLL CALL r. r •; Al '• 5. PRESENTATIONS 7. PUBLIC HEARINGS 11. STAFF MEMBER COMMENTS 12. ADJOURNMENT BylawsPC 4 PC Agenda ren dr Page 15 Resolution No. Downey Planning Commission 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 httw//www.downeypa.or . 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 Bylaws -Page 5 PC Agenda Page 16 Resolution No. Downey Planning Commission 7. Chairmen declares the public hearing okoaad when nnanlbern of the Planning Commission indicate they have heard all pertinent testimony. After the public hearing imclosed, noadditional 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. On the Planning Cmnlnnisekon agenda we will nntm, that et9:3O 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 than give this information to the Chairman. The Commission will then determine which items need to be considered this evening and those items that could becontinued toanother meeting. 2, Upon the Chairman receiving information of those Planning Commission items that will go beyond the 10:30Unne period, the Chairman ofthe Planning Commission will tehm those requested itanne to be conUnued, out of sequence with the action to continue those items to the designated scheduled meeting date and shall be placed first mnthe agenda. 3 The 9:30 nacmmm will be adhered to as closely as poomible, however, if there is a hearing in prooeeo, that hearing will be taken and the itnnnm 1 8 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 atUlaUnneandplace originally advertised, maybe continued b:a laterda1e and an announcement of the time, p|acn, and date of such continued hearing shall constitute sufficient notice to all parties concerned. Smotion4. 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 beallowed toaddress 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 toapproach the podium. |nthe interest offacilitating the business mfthe Cmnlnnieeion, all persons addressing the Commission shall belimited tothree /3\ nn|nutmm 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. PCBylaws ' Page 0 PC Agenda Page 17 Resolution No. Downey Planning Commission 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. ARTICLE VI 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 Bylaws - Page 7 PC Agenda Page 18 Resolution No. Downey Planning Commission ARTICLE VII .A - , ..� a z 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 Bylaws -Page 8 PC Agenda Page 19 Resolution No. • F-11 7-1-4 F-11 104 �Vej IVA I LTA 1631.1 Approved by the Downey City Council during its regular meeting held on the _ day of 2020, by the following vote, to wit: Maria Alicia Duarte, CIVIC City Clerk PC Bylaws - Page 9 PC Agenda Page 20 0 : 9 0 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING DOWNEY MUNICIPAL CODE ARTICLE 11, CHAPTER 1, SECTION 2105 REGULATING THE RULES OF CONDUCT FOR CITY COUNCIL MEETINGS WHEREAS, the City Council of the City of Downey declares that the business of the Cil'o is to be conducted in an orderly and efficient manner to facilitate thorough City Coun deliberations and decision making; and I WHEREAS, the City Council values the opinions and comments of the public on matte of city business; and i WHEREAS, the City Council desires that all members of the public who attend the Cii Council meetings have their comments heard at the earliest point in the meeting, and that t public, in turn, may listen to the Council discussion and deliberations on such matters witho distraction or disruption; and �1 WHEREAS, Downey City Charter Section 510, consistent with the Ralph ". I 'rown A' 1 it provides, among other things, that the public shall have the right to address the C.uncii e th *rally or in writing on matters of City business, but such right shall be subject to rreasonab rules and regulations as adopted by ordinance or resolution; and 3 WHEREAS, the City Council wishes to amend the rules of conduct for city counq�' -neetings contained in Downey Municipal Code Article 11, Chapter 1 to establish a three .ninute time limit per speaker for public comments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES '.-IEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Downey hereby amends the City of DownEVA Municipal Code, Article 11, Chapter 1, Section 2105 to read as follows: I (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. PAGE 2 (e) It is requested that all persons wishing to speak to the Council at the time designated for oral communications shall state their name, address, and the subject matter upon which they wish to speak for the record. All speakers who wish to address members • the City Council or staff must do so through the Mayor, No person shall address the Council until he or she has first been recognized by the Mayor. The decision of the Mayor to recognize or not recognize a person may be changed by order of the Council. (0 During formal public hearings, all interested parties will be allowed to address the Council. The Mayor shall request persons • to address the Council to •' their interest • may limit the time allowed and otherwise coordinate the hearing proceedings. The applicant shall speak after the staff report and shall have the opportunity •. rebuttal. The applicant shall not be limited by the three (3) minute time limit, but shall not be repetitious nor digress from the issues before the • In the interest • facilitating the business of the Council, all persons addressing the Council shall be limited to three (3) minutes unless such time is extended by the Mayor for good cause. (g) There will be one oral communication section near the beginning of the City Council Agenda placed after public hearings. During this time members of the public may address the • • any non -agenda item which is directly related to City business. Each person speaking shall be limited • three (3) minutes and the maximum time allowed for oral communication shall be thirtkk�30) minutes. For the time for individual speakers or the maximum time for oral communications. The Mayor may rearrange the order of items on the agenda to ensure the orderly conduct of the meeting. (h) The City Council will accept public comment concerning agenda items at the time the item is considered. Individual %t/lUia to oddress i ii . W?T TUITTLIUu- ci�: EfF! -uayor can Count Ine numDer of speakers. Each person speaking shall be -• • three (3) minutes per agenda item. (i) At the time that the Consent Calendar is considered, members of the public may address the City Council 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 • shall • which items shall be removed from the • Calendar. All items that had been removed will be considered by the Council after the Consent Calendar is approved. The City Council may, • is not required, to allow additional public comment on items removed from the Consent Calendar. 0) At the end of the regular City Council meeting, staff and members of the City Council may present any other business that is appropriate for City Council consideration, Unless permitted by the Brown Act, the Council may not discuss such items or take action upon them, but an individual Council Member may request that any such item be placed upon a future agenda for consideration by the Council. (k) Members of the audience shall respect the rights of others and shall not create noise or other disturbances so as to disrupt or disturb persons who are addressing the City Council, Council Members who are speaking, or otherwise impede the orderly conduct of the meeting. All persons addressing the City Council shall speak in a civil and courteous manner and shall not yell, scream, or use foul language. Speakers shall address the agenda topic to which they are speaking on and shall not be repetitive. 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 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 '�e published in the manner prescribed by law. APPROVED AND ADOPTED this 25 th da 0. CHECO, Mayor 99LFMZ��� ifftel:K, Lei I W&SI = DOWN kil I I HEREBY CERTIFY that the foregoing Ordinance No. 20-1437 was introduced at Adjourned Regular Meeting of the City Council of the City of Downey held on the 28th day January, 2020, an' adopted at a Regulai, Meeting of the City Council of the City of Downey he u on the 25 th day of February, 2020, by the following vote, to wit: AYES: Council Members: Ashton, Rodriguez, Saab, Frometa, Mayor Pacheco 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 game dates.