Loading...
2010-02 , RESOLUTION NO. 2010-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA RESCINDING RESOLUTION 92-27 AND ADOPTING THE PLANNING COMMISSION PROCEDURES HANDBOOK WHEREAS,the City Council of the City of Grand Terrace has deemed it desirable to amend the procedures to govern the conduct of the Planning Commission meetings and any of the other functions, activities, and regulations retaining thereto; NOW THEREFORE,the City Council of the City of Grand Terrace does hereby adopt the Planning Commission Procedures Handbook attached hereto and incorporated herein as Attachment"A"; BE IT FURTHER RESOLVED by said City Council that the intent of adopting the Planning Commission Procedures Handbook shall be to provide directory guidelines relating to the conduct of public business by or on behalf of the Planning Commission, and in the event of any noncompliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 121h day of January, 2010. MAY ATTEST: CITY CLERK APPROVED AS TO FORM: CITY*ATORNEYU I,BRENDA MESA, CITY CLERK of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 12th day of January, 2010 by the following vote: AYES: Councilmembers Cortes,Miller and Stanckiewitz;Mayor Pro Tem Garcia and Mayor Ferre NOES: None ABSENT: None ABSTAIN: None City Clerk PLANNING COMMISSION PROCEDURES HANDBOOK � TABLE OF CONTENTS INTRODUCTION: The Role of the Planning Commission I. MEETINGS 5 1.1 Regular Meetings 1.2 Adjourned Meetings 1.3 Special Meetings 1.4 Quorum 1.5 Previously Determined Lack of Quorum II ORDER OF BUSINESS 6 2.1' Agenda 2.2 Agenda Deadline 2.3 Call to Order � 2.4 Roll Call � 2.5 Community and Economic Development Director 2.6 Planning Secretary 2.7 Preparation/Approval of Minutes 2.8 Public Hearing 2.9 Realm of Responsibility 2.10 Resolutions & Ordinances 2.11 Non-Agenda Items 2.12 Adjournment III PRESIDING OFFICER 9 3.1 Presiding Officer 3.2 Participation of Presiding Officer 3.3 Question (Motion) to be Stated 3.4 Signing of Document 3.5 Maintenance of Order 3.6 Duties and Power of the Chairperson and Vice-Chairperson r 2 IV RULES, DECORUM, AND ORDER 11 4.1 Points of Order 4.2 Decorum and Order— Commissioners 4.3 Decorum and Order—Employees 4.4 Decorum and Order'—Public 4.5 Personal Interest 4.6 Limitation of Debate 4.7 Dissent and Protest 4.8 Procedures in Absence of Rules 4.9 Procedure for Amending this Document V ADDRESSING THE COMMISSION . 13 5.1 Manner of Addressing the Commission 5.2 Time Limitation 5.3 Addressing the Commission After Motion is Made 5.4 Written Communication VI MOTIONS 14 6.1 Processing of Motions 6.2 Division of Motion 6.3 Precedence of Motions 6.4 Particular Motions, Purpose, and Criteria VH VOTING 17 7.1 Voting Procedure 7.2 Voting 7.3 Failure to Vote 7.4 Reconsideration VIII ELECTIONS 19 8.1 Elections 3 -�� INTRODUCTION THE ROLE OF THE PLANNING COMMISSION A Planning Commission should work as a group,and each of its decisions should be linked to fundamental principles. These principles are set in the City General Plan, Zoning Code and other City policies. The ultimate goal of the Commission is to participate in the planning process, which determines the orderly development of the City. The Commission functions as a deliberative study committee, sending informed advice to the legislative body—the City Council: When all individuals of the Planning Commission become pro-active participants and act objectively and for the broader interest of the community, the Commission reaches the best level of functionality. The Planning Commission's work has evolved from the legal abatement of nuisance uses and the protection of the public from hazards such as fire, falling buildings and diseases to many other fields. Planning is a proactive process that establishes goals and policies for directing and managing future growth and development. Local agencies plan to address fundamental issues such as the location of growth, housing needs, and environmental protection. Additionally, planning prepares for future demand for services,including sewers, roads and fire protection. To function properly and be as reasonable in these multiple tasks, Planning Commission procedures have been developed and will cover: I. Meetings H. Order of Business III. Presiding Officer IV. Rules, Decorum and Order V. Addressing the Commission VI. Motions VII. Voting Procedure VIII. Elections "I know of no safe depository of the ultimate power of society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them but to inform the their discretion by education." (Thomas Jefferson) 4 MEETINGS 1.1 REGULAR MEETINGS—The Regular Planning Commission Meetings are held on the first and third Thursdays of every month beginning at 6:30 p.m. 1.2 ADJOURNED MEETINGS—Any regular or adjourned meetings may be adjourned to a time,place, and date certain, but not beyond the next regular meeting. 1.3 SPECIAL MEETINGS— A special meeting of the Commission is any meeting that is held on any date other than a regular meeting date and may be called at any time by the Chairperson or three Commissioners by written notice at least 24 hours prior to the special meeting. Only matters contained in the notice may be'considered. A Commissioner should file consent(form available in the City Clerk's office) to holding a special meeting during his or her absence from the City. 1.4 QUORUM—A majority of the Planning Commission(three members) shall be sufficient to do business. In the absence of the majority of the Commission members from a regular or adjourned meeting, the Community Development Director, authorized representative, or Planning Secretary may declare the meeting adjourned to a stated day and hour 1.5 PREVIOUSLY DETERMINED LACK OF OUORUM—Each member of the Planning Commission who has knowledge of the fact that he will not be able to attend a scheduled meeting of the Planning Commission shall notify the Community and Economic Development Department at-the earliest possible opportunity, and in any event, prior to 5:00 p.m. on the date of the meeting. If a member misses three unexcused, consecutive meetings, the membership shall thereupon become vacant. If three (3) out of the five(5) Commissioners call to justify their absence, the Planning Commission Secretary shall communicate the lack of quorum to the Community and Economic Development Director and subsequently process to cancel the meeting: post notice of cancellation at City Hall and two other selected public places; call other Commissioners and project applicants. The meeting in this case is automatically postponed to the next regularly scheduled meeting. 5 - II { ORDER OF BUSINESS 2.1 AGENDA-The order of business of Planning Commission meetings will be listed in the Agenda prepared by the Community and Economic Development Department. The Planning Commission will follow the order of business in the prepared Agenda; unless the Commission votes to modify the order of business in the prepared agenda. The Agenda will be posted in three public places designated by the Commission for such purpose, and will be available for public review at the Community and Economic Development Department prior to regular meetings. All Agenda packet material will be available for review at the Community and Economic Development Department. The designated public places for posting the agenda are the Civic Center Foyer, Library and the Senior Center. 2.2 AGENDA DEADLINE-Any citizen may request to have an item placed on the Agenda by advising in writing the Community and Economic Development Director's Office no later than 14 calendar days preceding the matter. The Community Development Director will provide copies of the request to Commissioners prior to the next meeting; however, it is the Community Development Director's or majority of the Commission's discretion whether to place the item on the next regular Agenda. 2.3 CALL TO ORDER-The meeting of the Planning Commission shall be called to order by the Chairperson or, in his/her absence, the Vice-Chairperson. The meeting will be opened with the Pledge of Allegiance. 2.4 ROLL CALL-A roll call of Commissioners will be held by the Planning Commission Secretary and the names of those present and those absent will be recorded in the Minutes. 2.5 COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR a. In case the Director is absent, a representative will be acting as Director. Otherwise, the meeting will be cancelled. b. The Director shall be assigned as Parliamentarian. 2.6 PLANNING COMMISSION SECRETARY-A Planning Commission Secretary should be present at all meetings. In case the Planning Commission Secretary is absent, Planning staff can take over his/her duties. 6 The Planning Commission Secretary's duties include: - Takes and drafts minutes of the meeting. - Gives or serves all public hearings and environmental and other notices required by law or by these by-laws. - Acts as custodian of Commission records. - Distributes Commission correspondence. - Prepares Council Chambers for the meetings. - Prepares approval letters to the applicants after Commission action. - Is responsible for procedural cancellation and/or preparation of special meetings when needed. 2.7 PREPARATION/APPROVAL OF MINUTES—It is the Community and Economic Development Director's responsibility to maintain a record(Minutes) of Planning Commission meetings. The Community and Economic Development Director shall have exclusive responsibility for preparation of the Minutes, and any directions for changes in the Minutes may be made only by Commission action. In order to maintain a full and true Minute record, the Minutes shall consist of a clear and concise statement of every Commission action, including motions made and the vote thereon. Items may be included if considered to be particularly relevant or otherwise necessary by the Community Development Director. Action Minutes versus the extent of discussion for inclusion in the Minutes will be upon request of the City Council, City Manager, Planning Commission and/or discretion of the Community and Economic Development Director. Any Commissioner may specify reflection of statements in the Minutes by indicating "for the record". 2.8 PUBLIC HEARINGS—The following procedure is suggested for conducting public hearings: a. Precede the hearing by a statement from the Chairperson setting forth the nature and subject of the public hearing and the rules; b. Staff presentation and recommendation; C. The public hearing is declared open by the Chairperson and the speakers are invited to address the Commission, stating name and address, in the following order: (1) Applicant, if any; (2) Speakers in support of item; (3) Speakers in opposition of item; (4) Rebuttal, if necessary; d. All Commissioners should refrain from asking questions or in any way interfering ( with the"audience participation"portion of the public hearing at this time; 7 e. After the Chairperson has declared that the public hearing has concluded, the Planning Commission members may ask questions, and the audience will be precluded from participation other than to answer questions or to rebut new evidence introduced; f. Following discussion, the Chairperson will ask for a motion and a second regarding the subject at hand and will open for discussion among the Commissioners. If there is no discussion, or when the discussion is complete, the Chairperson will call for the vote. 2.9 REALM OF RESPONSIBILITY—The Planning Commission also serves as the City's Site and Architectural Review Board and as the Code Enforcement and Appeals Board. Procedurally, when a case involves items to be reviewed by two or more of the three bodies, staff can prepare only one report and one presentation including all items, and the Commission can proceed with only one public hearing encompassing all issues. 2.10 RESOLUTIONS AND ORDINANCES— a. . Approval of Resolutions when the Planning Commission has approval authority— Approval of Resolutions requires a majority vote and becomes effective upon adoption. It is not necessary to read resolutions in their entirety when making a motion,unless specifically requested. b. Approval of Resolutions and Ordinances, when the Planning Commission has recommendation/advisory authority. Approval of Resolutions and Ordinances requires majority affirmative vote and only becomes effective upon City Council adoption. The Planning Commission role is one of recommendation/advisory. It is not necessary to read resolutions and ordinances in their entirety when making a motion unless specifically requested. Resolution Not Prepared in Advance: Where a resolution has not been prepared in advance, the procedure shall be to instruct the Community and Economic Development Director to prepare a resolution for presentation at the next meeting. 2.11 NON-AGENDA ITEMS—No matters other than those appearing on the Agenda will be acted upon by the Commission except matters deemed to be of urgent nature requiring action prior to the next regular meeting upon Commission action with 4/5 vote and posting 72 hours prior was not possible. 2.12 ADJOURNMENT—Adjournment of the meeting to the next regular meeting does not require a motion. A motion is required to adjourn a meeting to an adjourned meeting specifying the date, time, and place of said adjourned meeting. 8 - III PRESIDING OFFICER 3.1 PRESIDING OFFICER—The Chairperson shall be the Presiding Officer at all meetings of the Commission. In the absence of the Chairperson, the Vice-Chairperson shall preside. In the absence of both the Chairperson and the Vice-Chairperson, the Presiding Officer shall be the senior Commissioner present who shall serve until the arrival of the Chairperson and/or Vice-Chairperson or until adjournment. The terms "Presiding Officer" and Chairperson shall be used interchangeably within this manual. 3.2 PARTICIPATION OF PRESIDING OFFICER—The Presiding Officer is primarily responsible for the conduct of the meeting; may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Commission members; and shall not be deprived of any such rights and privileges. 3.3 QUESTION(MOTION) TO BE STATED—The Presiding Officer shall verbally restate each motion immediately prior to calling the vote. Following the vote, the Planning Commission Secretary shall announce whether the motion carried or was - defeated. In cases where the action of the Commission may be unclear for those in the audience, the Chairperson shall summarize the action of the Commission before proceeding to the next item of business. 3.4 SIGNING OF DOCUMENT—Subject to Planning Commission policy, the Chairperson shall sign resolutions and minutes approved by the Commission at meetings at which he/she is in attendance. In the event of his/her absence, the Vice-Chairperson shall sign all such documents approved by the Commission. 3.5 MAINTENANCE OF ORDER—The Chairperson is responsible for the maintenance of order and decorum at all times. No person shall be allowed to speak who has not first been recognized by the Chairperson. All questions and remarks shall be addressed to the Chairperson. 3.6 DUTIES AND POWERS OF THE CHAIRMAN AND VICE-CHAIRMAN A. Chairperson - Preside at all meetings of the Commission - Sign all documents -See that all actions are properly taken and that the Commission is effective -Be the central person to the policing and morale-building element of the group -Run the meeting by the rules in a manner fair to all ( - Keep discussion on main track 9 �t -Bridge differences and bring matters to a decision -Be representative of the Commission to other groups B. Vice-Chairperson During the absence, disability or disqualification of the Chairperson, the Vice- Chairperson shall exercise or perform all the duties and be subject to all responsibilities of the Chairperson. i r 10 IV RULES.DECORUM AND ORDER 4.1 POINTS OF ORDER—The Presiding Officer shall determine all Points of Order subject to the right of any Commission member to appeal to the Commission. If any appeal is taken, the motion shall be, "shall the decision of the Presiding Officer be sustained?" In this event, a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER- COMMISSION a. Every Commission member desiring to speak shall address the Chairperson and, upon recognition by the Chairperson, shall confine himself to the motion under debate. b. Every Commission member desiring to question the administrative staff shall address questions to the Community and Economic Development Director, who shall be entitled to either answer the inquiry or designate a member of staff of that purpose. c. A Commission member, once recognized, shall not be interrupted while speaking unless called to order by the Chairperson, unless a point of order is raised by another Commission member, or the speaker chooses to yield questions from another Commission member. d. A Commission member who is called to order while speaking shall cease speaking until the question of order is determined. If ruled to be not in order, the Commission member shall remain silent or shall alter the remarks so as to comply with rules of the Commission. e. Commission members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Commission and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities. 4.3 DECORUM AND ORDER—EMPLOYEES—Members of the Administrative staff and employees of the City shall observe the same rule of procedure and decorum . applicable to members of the Commission. Any Staff member, including the City Manager and Community and Economic Development Director, desiring to address the Commission shall first be recognized by the Chairperson. 11 \ 4.4 DECORUM AND ORDER—PUBLIC—The members of the Planning Commission, appointed by the City Council, must be free to discuss issues confronting the City in an orderly environment. Public members attending meetings shall observe the same rules of order and decorum applicable to the Commission. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Commission or while attending a Commission meeting shall be requested to leave the room, and such person may be barred from further attendance before the Commission. 4.5 PERSONAL INTEREST—No Planning Commission members prevented from voting by personal or conflict of interest shall remain at the Commission dais during such conflict, the Commission member shall state for the record the grounds and leave the Commission dais during debate on issues. 4.6 LIMITATION OF DEBATE—No Planning Commission member shall be allowed to speak more than once upon any one subject until every other Commission member choosing to speak has spoken. Merely asking a question or making a suggestion is not considered as speaking. 4.7 DISSENT AND PROTEST—Any Planning Commission member shall have the right to express dissent from, or protest to, any action of the Commission and request that the r_ reason be entered into the Minutes. 4.8 PROCEDURES IN ABSENSE OF RULES—In the absence of a rule to govern a point of procedure, Roberts Rules of Order shall govern. 4.9 PROCEDURE FOR AMENDING THIS DOCUMENT a. Changes should be submitted to the Community and Economic Development Director in writing. b. Commissioners, staff, and City Council can submit changes. C. Director to submit document with recommended changes to the members of the Commission one month prior to the meeting for their review. d. The Commission shall forward recommendations to amend this document to the City Council for final approval. 12 V ADDRESSING THE PLANNING COMMISSION 5.1 MANNER OF ADDRESSING THE PLANNING COMMISSION—Any person _. desiring to address the Commission shall complete a Request to Speak Form and wait to be recognized by the Chairperson, and after being recognized shall proceed to the podium, or microphone, and state for the record his or her name and address. Remarks are to be limited to the question under discussion. 5.2 TIME LIMITATION—Any public member addressing the Planning Commission shall limit his address to three(3) minutes unless further time is granted by the Chairperson or majority of the Planning Commission. When a group of persons wishes to address the Commission on the same subject matter, it shall be proper for the Chairperson to request that a spokesman be chosen to represent the group, so as to avoid unnecessary repetition. A speaker may not yield time to another speaker. 5.3 ADDRESSING THE PLANNING COMMISSION AFTER MOTION IS MADE— After a motion has been made, no person shall address the Commission without securing permission by a majority consensus of the Planning Commission. _ 5.4 WRITTEN COMMUNICATION—Unless specifically requested otherwise, the Community and Economic Development Director is authorized to receive and open all mail addressed to the Planning Commission and take any immediate administrative action required between Planning Commission meetings, which does not required specific Commission action. Any communication requiring Commission action will be reported to the Commission at the next possible meeting, together with a report and recommendation of the Community and Economic Development Director. l 13 VI MOTIONS 6.1 PROCESSING OF MOTIONS—When a motion is made and seconded, it shall be restated by the Presiding Officer before debate. A motion shall not be withdrawn by the mover without the consent of the Commission member seconding it and the approval of the Commission as a whole. 6.2 DIVISION OF MOTION—If a motion contains two or more divisible propositions, the Chairperson may, upon request of a Commission member shall (unless appealed by another member),.divide the motion. 6.3 PRECEDENCE OF MOTION—When a motion is before the Commission, the ordinary motions rank as.follows—the lowest at the bottom and the highest at the top of the list. When any one of them is immediately pending, the motions shown above it are in order, and those below are out of order. Those marked(2/3) require a 2/3rd affirmative vote for their adoption, the others require only a majority vote. (1) Adjourn; (2) Recess; (3) Lay on the Table; (4) Previous Question (2/3); (5) Limit or extend debate (2/3); (6) Postpone to a certain time; (7) Refer to committee or staff; (8) Amend; (9) Postpone indefinitely; (10) Main Motion. The above order of preference is subject to the following restrictions: a. A motion shall not be in order when the previous motion has been ordered; b. A motion shall not be in order while a vote is being taken. 14 6.4 PARTICULAR MOTIONS.PURPOSE.AND CRITERIA (1) Motion to Adiourn: Purpose—To terminate a meeting. Debatable or Amendable—No, except a motion to adjourn to another time is debatable and amendable as to the time to which a meeting is to be adjourned. The motion to adjourn shall be in order at any time except as follows: (a) When repeated without intervening business or discussion; (b) When made as an interruption to a Commission member speaking; (c) When the previous motion has been made; (d) While a vote is being taken. (2) Motion to Recess: Purpose—To set aside, temporarily, a pending main motion to consider other business. The intent of the motion is not meant to postpone action. A motion to "Take off the Table"must be made later in the same or next regular meeting or the motion is lost. Debatable or Amendable—It is debatable,but not amendable. (3) Motion for Previous Ouestion (Motion): Puroose—To prevent or stop discussion on the pending question or questions and to bring such question or questions to vote immediately. If the motion fails, discussion shall continue. If the motion passes, a vote shall be taken on pending motion or motions. Debatable or Amendable—No. (4) Motion to Limit or Extend Debate: Puroose—To limit or determine the time that will be devoted to discussion of a pending motion or to extend or remove limitations already imposed on its discussion. Debatable or Amendable—Not debatable; amendments are restricted to period of time of the proposed limit or extension. 15 (5) Postpone to a Certain Time: Purpose—To defer action to a specific subsequent meeting. Debatable or Amendable—Yes (6) Motion to Refer to Commission or Staff: Pumose—To refer the question before the Commission to the City Staff for the purpose of investigating or studying the proposal and to make a report back to the Commission. If the motion fails, discussion or vote on the question resumes. Debatable or Amendable—Yes. (7) Motion to Amend: Purpose—To modify or change a motion that is being considered by the Commission so that it will express more satisfactorily the will of the members. If there are two amendments, the second amendment is voted upon first—if it ( carries, it automatically cancels the first amendment, and then the vote is taken on the amended motion. An amendment motion relating to a different matter shall not be in order. Debatable or Amendable—Yes (8) Postpone Indefinitelv: Pumose—To prevent further discussion and voting on the main motion. If the motion fails, discussion and voting on the main motion resumes. If it passes, the subject of main motion shall not be brought up again for the remainder of the meeting. .Debatable or Amendable—It is debatable, but not amendable. (9) Main Motion: Purpose—The primary proposal or question before the Commission for discussion and decision. Debatable or Amendable -Yes i 16 VII VOTING 7.1 VOTING PROCEDURE—Motion will be adopted by either verbal or electronic vote. The results of the vote shall be entered in full in the minutes. 7.2 VOTING—All actions of the Planning Commission require a majority vote of the Commission member present, unless otherwise stated in this manual. 7.3 FAILURE TO VOTE—Every Planning Commission member should vote unless disqualified for a conflict of interest or for cause accepted by the Planning Commission or by opinion of the City Attorney. In general, no member may attempt to influence or participate in any way in any decision which foreseeable may have a material financial effect on the member,his property or any source of income. Specific questions should be addressed to the City Attorney or Fair Political Practices Commission. Self-disqualification without cause, which results in a tie vote shall be avoided; but no Planning Commission member shall be forced to vote. A Planning Commission member who abstains shall, in effect, consent that a majority of the quorum may act for him. Tie votes shall be lost motions and may be reconsidered. 7.4 RECONSIDERATION—After motion and vote by the Commission, such action may be reconsidered or rescinded only in the following manner: Reconsideration: A motion to set aside a vote (to reconsider) on a main motion shall always be in order at the same meeting or at the next regular Commission meeting following the action. The motion to reconsider is amendable and debatable. Such motion can be made by any Commission member who voted affirmatively on the matter. If the motion to reconsider passes, the effect thereof is to overrule and cancel the prior action. In case of reconsideration, a-1 yes/1 no/3 abstain vote may pass a motion to reconsider. The Abstaining vote(s) will count on the positive side. Rescission: A motion to rescind(repeal, cancel, mollify) prior Planning Commission action on a main motion shall be in order at any meeting of the Planning Commission. The effect of rescinding prior Planning Commission action shall operate prospectively only, and not retroactively to the date of the original action. That is, it shall not operate to adversely - affect intervening legal rights which create an estoppel situation. 17 Lost Motion: A lost motion is one that fails to receive.the necessary number of votes to carry. Tie votes result in a lost motion. A tie vote which has resulted from there being present less than a full Commission shall be automatically reconsidered at the next Planning Commission meeting at which all members are present. To revive a lost motion at the same meeting or any subsequent meetings, the proper action is a motion to reconsider (discussed above). 18 VIII 1 ELECTIONS 8.1 ELECTIONS—Before proceeding to an election to fill an office, it is customary to nominate one or more candidates. The nomination need not be seconded. All members shall have the opportunity to make nominations. Once all nominations are made, the vote is taken on each person in the order in which they were nominated until one is elected and accepts the position of Chairperson or Vice-Chairperson, or other representation as necessary. The Planning Commission, at the first meeting following June 30t' of each year, shall select one of its members to serve as Chairperson and one of its members to serve as Vice-Chairperson. 19