Loading...
HomeMy WebLinkAboutPlanning Commission By laws, Ordinance No 3600 to revise By Council/Agency Meeting Held:W Deferred/Continued to: ❑ RRroved ❑ Conditionally Ap roved ❑ Denied City Clerk's Signatur :.1 Council Meeting Date: October 6, 2003 Department ID Number: PL03-22 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION : SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PLANNING COMMISSION ry t- 4 is . ; -PREPAREDBY: JENNIFER MCGRATH, City Attorney ° j HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE THE PLANNING COMMISSION BYLAWS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration are the proposed amendments to the Planning Commission Bylaws. The bylaws are the rules by which the Planning Commission conducts matters of business not otherwise provided for by statute or ordinance. The Planning Commission reviewed the bylaws at several study sessions and took formal action to approve the amendments at their meeting of March 11, 2003 and re-affirmed their action on August 12, 2003. The Planning Commission approved the amendments to their bylaws and is recommending approval (Recommended Action). The proposed amendments are recommended to update the document and clarify several sections pertaining to their duties, meetings, and parliamentary procedures. The document was also re-formatted, re-ordered, and made gender neutral. The City Attorney's comments, including alternative modifications on the proposed Bylaws are included as Attachment 5. Funding Source: Not applicable. Recommended Action: PLANNING COMMISSION RECOMMENDATION: Motion to: 1. "Approve the Planning Commission Bylaws as amended by the Planning Commission (ATTACHMENT NO. 1)." REQUEST FOR ACTION MEETING DATE: October 6, 2003 DEPARTMENT ID NUMBER: PL03-22 Planning Commission Action on March 11, 2003: THE MOTION MADE BY BOHR, SECONDED BY RAY, TO APPROVE THE PLANNING COMMISSION BYLAWS AS PREPARED BY THE BYLAWS SUBCOMMITEE AND AMENDED BY STRAW VOTE AND FORWARD TO THE CITY COUNCIL (ATTACHMENT NO. 2) CARRIED BY THE FOLLOWING VOTE: AYES: BOHR, STANTON, KOKAL, DINGWALL, RAY NOES: DAVIS ABSENT: SHOMAKER ABSTAIN: NONE MOTION PASSED Planning Commission Action on August 12, 2003: THE MOTION MADE BY RAY, SECONDED BY KOKAL, TO RE-AFFIRM THEIR PREVIOUS ACTION ON THE AMENDMENTS TO THE PLANNING COMMISSION BYLAWS AS PREPARED BY THE BYLAWS SUBCOMMITEE AND AMENDED BY STRAW VOTE AND FORWARD TO THE CITY COUNCIL (ATTACHMENT NO. 2) CARRIED BY THE FOLLOWING VOTE: AYES: SCANDURA, KOKAL, DINGWALL, RAY NOES: DAVIS, STANTON, SHOMAKER ABSENT: NONE ABSTAIN: NONE MOTION PASSED Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Approve the Planning Commission Bylaws with the three modifications outlined in the City Attorney's memorandum (ATTACHMENT 5)." 2. "Continue the Planning Commission Bylaws and direct staff accordingly." Analysis: The Bylaws are stipulated in Huntington Beach Municipal Code Chapter 2.34, Planning Commission, Subsection 2.34.090, Bylaws. The section states "The Planning Commission shall adopt such bylaws and rules as it deems necessary to provide for its officers and their method of selection, time and place of meeting and for such other matters relative to its work and administration of duties which are not otherwise provided for by statute or ordinance." The Planning Commission reviewed the existing bylaws (Attachment No. 3) at several PL03-22 -2- 9/22/2003 5:49 PM REQUEST FOR ACTION MEETING DATE: October 6, 2003 DEPARTMENT ID NUMBER: PL03-22 meetings and recommended several changes to update and clarify several sections in the document. The primary changes made by the Planning Commission are summarized below: 1) Clarify the duties and responsibilities of the Chair, Vice Chair, and the Commission, and 2) Clarify the election of officers, and 3) Specify how records are kept, proper public notification of meetings, and how meetings are scheduled, and 4) Clarify the time and place of meetings, and what happens when a holiday conflicts with a meeting, and 5) Require special meetings to have the same notice as regular meetings, and 6) Require four affirmative votes on any matter and applications, resolutions, and amendments and if the 4"' affirmative vote is not cast the matter is deemed denied, and 7) Make the document gender neutral throughout A legislative draft of the bylaws is provided to indicate the deleted (strike-thru) and new (bold) text for your reference (Attachment No. 2). In addition, staff has prepared a matrix of the proposed changes from the legislative draft that outlines the issues, the recommendation by the Planning Commission, and the alternative modifications (Attachment No. 4). Upon the approval of the bylaws by the Planning Commission, Planning staff forwarded the proposed amendments to the City Attorney's Office for review and comment. The City Attorney's Office recommended three alternative modifications: two changes to Section 7, entitled Meetings and one change to Section 11, entitled Parliamentary Procedures (Attachment No. 5). The City Attorneys alternative modifications are proposed to eliminate cumbersome and repetitive language that is already covered by existing ordinances and laws and the requirement for four affirmative votes on most matters. The three alternative modifications are as follows: Section 7 - MEETINGS: Subpart (b), entitled "Regular Meetings" should be revised to read as follows: (b) Regular Meetings. Regular meetings shall be held on the second and fourth Tuesday of each month at the Huntington Beach Civic Center commencing at 5:15 p.m. or as soon thereafter as the meeting may be called to order. Public notice and an agenda of the meeting shall be given as required by law. In the event... (No further changes from the approved version). Please refer to Page 4 of the legislative draft (Attachment No. 2). Subpart (c), entitled "Special Meeting" should be revised to read as follows: (c) Special Meetings. A special meeting may be called at any time by the Chair, or by a majority of members, with public notice and an agenda of meeting as required by law. Please refer to Page 5 of the legislative draft (Attachment No. 2). PL03-22 -3- 91221=3 5:48 PM REQUEST FOR ACTION MEETING DATE: October 6, 2003 DEPARTMENT ID NUMBER: PL03-22 Section 11 — Parliamentary Procedures: All language in this section following the phrase "except as otherwise noted in these bylaws..." would be deleted. Please refer to pages 7-8 of the legislative draft (Attachment No. 2). This section of the bylaws requires a minimum of four affirmative votes for the adoption or approval of most matters before the Planning Commission. This artificial super-majority requirement has resulted in occasional delays of projects that received a majority vote by the members present. A project that receives a 3-2 affirmative vote is not approved under the current or proposed bylaws. Environmental Status: Not Applicable Attachment(s1- City Clerk s 1. Final Draft-Planning Commission Bylaws dated August 12, 2003 2. Planning Commission Legislative Draft-Bylaws dated August 12, 2003 3. Planning Commission Bylaws dated approved May 23, 1995 4. Matrix of Suggested Changes to Bylaws dated October 6, 2003 5. 1 City Attorne 's Office memo dated May 30, 2003 RCA Author: H. Fauland/S. Hess PL03-22 -4- 9/23/2003 5:11 PM ATTACHMENT 1 i 1 BYLAWS CITY OF HUNTINGTON BEACH PLANNING COMMISSION Section 1. TITLE AND MEMBERSHIP. The official title of this Commission shall be "Planning Commission of the City of Huntington Beach,"which may also be referred to as the"Huntington Beach Planning Commission," "City Planning Commission"or"Planning Commission." The Planning Commission shall consist of seven(7) members,each appointed by a member of the City Council. Section 2. DUTIES OF COMMISSION. The duties of the Planning Commission shall be as provided in the California Government Code, as provided by ordinance of the City of Huntington Beach, and as may be delegated to it by the City Council. Section 3. OFFICERS. The officers of the Planning Commission shall be a Chair and Vice-Chair who shall be elected by majority vote of the Commission and shall hold office for a period of one year or until their successors are elected. An election of officers shall be held as soon as practical following the first day of January of every year. The elected Chair and Vice-Chair shall assume office immediately following said election. In the event of a vacancy of the Chair,the Vice-Chair shall serve the balance of the unexpired term of the Chair. In the event of a vacancy of the Vice-Chair, a member of the Commission shall be elected to serve the balance of the unexpired term of the Vice-Chair. No person shall occupy the office of Chair or Vice-Chair for more than two 1 (PC By Laws) 10/06/2003 i consecutive terms. The Planning Director of the City shall serve as Secretary of the Commission. Section 4. DUTIES OF CHAIR AND VICE-CHAIR. The Chair shall preside at the meetings of the Commission and in case of his/her absence or inability to act, the Vice-Chair shall act, and in the absence of both the Chair and Vice-Chair,the Commission shall appoint a Chair pro tempore who shall have all the powers and duties of the Chair and shall serve only until such time as the Chair or Vice-Chair returns and is able to act. The Chair shall have the power to make or second any motion, to present and discuss any matters, and vote, notwithstanding the fact that they are the presiding officer of the Commission. The Chair, or his/her designee shall be available to meet with the Mayor, or his/her designee at least quarterly to discuss issues common to the City Council and Planning Commission. When a Planning Commission item has been appealed to the City Council, or when a Planning Commission decision on an item differs from staff s recommendation, the Chair or his/her designee shall attend City Council meetings and present the majority position of the Planning Commission on the pertinent item. Section 5. DUTIES OF THE SECRETARY. It shall be the duty of the Secretary to keep accurate and permanent records of the acts and proceedings of the Commission, and such records shall be retained and have the same status as other records of the City; to schedule matters for hearing and consideration by the Commission;to provide timely 2 (PC By Laws) 10/06/2003 notice of meetings, agenda and actions as required by code, ordinance, statute or the Commission; and to perform such other duties required by code, ordinance, statute or the Commission. In case of absence of the Secretary, an Acting Secretary, appointed by the Secretary, shall act, and in the absence of both Secretary and Acting Secretary,the Chair shall appoint a Secretary pro tempore who for such period shall have all the powers and duties of the Secretary and serve only until such time as the Secretary or Acting Secretary returns and is able to act. Section 6. ADVISORS. The Chair, or a majority of the Commission, may request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. Section 7. MEETINGS. (a) Open Meetings. All meetings of the Commission shall be open and public. (b) Regular Meetings. Regular meetings shall be held on the second and fourth Tuesday of each month at the Huntington Beach Civic Center commencing at 5:15 PM or as soon thereafter as the meeting may be called to order. Public notice and an agenda of meeting shall be given as required by law. In the event the date for a regular meeting falls on a legal holiday, such meeting date shall be deemed to be the day following such holiday. In the event the date of a regular meeting follows the date of a regular City Council meeting and such Council meeting falls on a legal holiday,thereby requiring such Council meeting to be postponed to the 3 (PC By Laws) 10/06/2003 following day, the date of the regular Commission meeting shall be deemed to be the day after the hold of the postponed Council meeting. (c) Special Meetings. A special meeting may be called at any time by the Chair, or by a majority of members,with public notice and an agenda of meeting as required by law. (d) Public Hearings. The Commission shall not begin any public hearing item after 11:00 PM unless the Commission, by majority vote, so agrees. (e) Adjournment. Any meeting may be adjourned to a date certain which may be specified in the order of adjournment. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within the twenty-four(24)hours after the time of the adjournment. Section 8. ATTENDANCE. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. In the event a member is absent from two or more consecutive regular meetings,without securing the consent of the Chair, upon majority vote, the Commission shall request the City Council to remove the member and appoint a new member to fill the unexpired term. Section 9. QUORUM. At any meeting of the Planning Commission, a majority of said Commission shall constitute a quorum for the transaction of business. In the 4 (PC By Laws) 10/06/2003 event there is no quorum at a Commission meeting, the Secretary shall adjourn such meeting or shall adjourn to a date certain. Section 10. ORDER OF BUSINESS. The order of business for a regular or special meeting shall be: (a) Call to order by the Chair. (b) Consideration of matters on the agenda. (c) Any other business which may properly come before the Commission. Section 11. PARLIAMENTARY PROCEDURE. The parliamentary rules contained in the current revision of Robert's Rules of Order, except as otherwise noted in these bylaws, shall, in general, govern the proceedings of this Commission. The Chair shall decide all questions of order, subject to appeal by the Commission,and all appeals shall be decided by a majority vote of the members present. The Chair shall vote on all matters coming before the Commission whether there is a tie vote or not. No member may vote at a meeting by proxy, or by any method other than being personally present and casting his/her vote. Every member present shall vote on all questions. The result of any vote shall be audibly announced by the Secretary and recorded in the minutes as the vote of the Commission. Any member present who disqualifies himself/herself for any reason from voting upon any question shall state his/her reasons for so doing. If a member disqualifies himself/herself or abstains because of the requirements of the Political Reform Act,they shall so state. The Secretary shall enter any disqualification and the grounds therefore in the minutes of the meeting. A member who has disqualified 5 (PC By Laws) 10/06/2003 himself/herself shall not be required to vote upon the question on which they have v disqualified himself/herself, and his/her failure to vote shall be recorded as an abstention. An affirmative vote of a majority of the members present and voting shall be required for the passage of any matter before the Commission, except as otherwise noted in these bylaws. Section 12. CHANGES IN BYLAWS. An affirmative vote of four(4) members of the Planning Commission shall be required to amend these bylaws. Copies of a proposed amendment shall be given to each member at a regular meeting, or shall be mailed to each member at least five (5) days prior to a meeting, and may then be voted upon at the next regular meeting. Section 13. APPROVED BY THE CITY COUNCIL ON THE 6TH DAY OF OCTOBER, 2003, as an amendment to the Bylaws of the Planning Commission of the City of Huntington Beach, adopted May 3, 1994, by unanimous vote of 6-0-1 (Sullivan- Absent). ATTEST: Ho and Zelefsky, Secretary Ron Davis, Chair Planning Commission 6 (PC By Laws) 10/06/2003 DRAFT BYI AWS CITY OF HUNTINGTON BEACH PLANNING COMMISSION Sectio 1. TITLE AND MEMBERSHIP. The official title of this Commission shall be "Planning ommission of the City of Huntington Beach,"which may also be referred to as the"Huntin on Beach Planning Commission,""City Planning Commission"or "Planning Commi ion." The Planning Commission shall consist of seven(7)members, each appointed by a m ber of the City Council. Section 2. DUTIES OF CO SSION. The duties of the Planning Commission shall be as provided in the California vernment Code, as provided by ordinance of the City of Huntington Beach, and as may be elegated to it by the City Council. Section 3. OFFICERS. The officers of the lanning Commission shall be a Chair and Vice-Chair who shall be elected by majority vot of the Commission and shall hold office for a period of one year or until their successors are ected. An election of officers shall be held as soon as practical following the first day of J uary of every year. The elected Chair and Vice-Chair shall assume office immediately foll g said election. In the event of a vacancy of the Chair,the Vice-Chair shall serve the alance of the unexpired term of the Chair. In the event of a vacancy of the Vice-Chair, a tuber of the Commission shall be elected to serve the balance of the unexpired to of the Vice-Chair. 1 (By Laws) 8/12/2003 No person shall occupy the office of Chair or Vice-Chair for more than two consecutive tes. The Planning Director of the City shall serve as Secretary of the Commission. Section 4t DUTIES OF CHAIR AND VICE-CHAIR. The Chair shall preside at the meetings ofthe Commission and in case of his/her absence or inability to act, the Vice- Chair shall act,'4nd in the absence of both the Chair and Vice-Chair,the Commission shall appoint a Chair pro tempore who shall have all the powers and duties of the Chair and shall serve only uktil such time as the Chair or Vice-Chair returns and is able to act. The Chair shall have the,ppower to make or second any motion,to present and discuss any matters, and vote,notwiths ding the fact that they are the presiding officer of the Commission. The Chair, or his/her designee shall be available to meet with the Mayor, or his/her designee at least quarterly t` discuss issues common to the City Council and Planning Commission. When a Planni g Commission item has been appealed to the City Council, or when a Planning Commission ecision on an item before the City Council differs from staff s recommendation,the Cha or his/her designee shall attend City Council meetings and present the majority positi of the Planning Commission on the pertinent item. Section 5. DUTIES OF THE SECRETARY. It shall be e duty of the Secretary to keep accurate and permanent records of the acts and proceedi s of the Commission, and such records shall be retained and have the same status as other r cords of the City;to schedule matters for hearing and consideration by the Commission; o provide timely notice of meetings, agenda and actions as required by code, ordinance,`statute or the 2 (By Laws) 8/12/2003 Commission; and to perform such other duties required by code, ordinance, statute or the Commission. In case of absence of the Secretary, an Acting Secretary, appointed by the cretary, shall act, and in the absence of both Secretary and Acting Secretary,the Chair shal appoint a Secretary pro tempore who for such period shall have all the powers and duties o the Secretary and serve only until such time as the Secretary or Acting Secretary returns and able to act. Section 6. ADVIS S. The Chair, or a majority of the Commission,may request the attendance at Planning C ission meetings of any officer or employee of the City to assist the Commission in its liberations in an advisory capacity. Section 7. MEETINGS. (a) Owen Meetings. All meetings of th Commission shall be open and public. (b) Regular Meetings. Regular meetings t transact business on public hearing items and on all other matters before the Commission hall be held on the second and fourth Tuesday of each month. The meetings shall conve on non-public hearing matters at the hour of 5:15 PM in Room B-8 of the Civic Center and, necessary and with appropriate notice, reconvene for public hearing items and to transact ther agendized business at the hour of 7:00 PM in the Council Chambers of the Civic Cente . Public notice and an agenda of meeting shall be conspicuously posted and mailed or d ivered to members of the Commission and to each local newspaper of general circulation, dio and television station requesting notice in writing,by the Secretary, in accordance with ode, ordinance and statute requirements. In the event the date for a regular meeting falls on a legal 4 3 (By Laws) 8/12/2003 holiday, such meeting date shall be deemed to be the day following such holiday. In the event the date of a regular meeting follows the date of a regular City Council meeting and such Council meeting falls on a legal holiday,thereby requiring such Council meeting to be postponed to the following day,the date of the regular Commission meeting shall be deemed to be the day after the hold of the postponed Council meeting. �1 (c) S eciaf* eeting. A special meeting may be called at any time by the Chair, or by a majority of the°iVembers,with the same notice as required for a regular meeting. The call and notice shall spify the time and place of the special meeting, and the business to be transacted. No other b iness shall be considered at such meeting. (d) Public Hearings. The ommission shall not begin any public hearing item after 11:00 PM unless the Commissi n,by majority vote, so agrees. (e) Adjournment. Any meeting m be adjourned to a date certain which maybe specified in the order of adjournment. copy of the order or notice of adjournment shall be conspicuously posted on or near the doo of the place where the regular, adjourned regular, special or adjourned special meeting held within the twenty-four(24)hours after the time of the adjournment. Section 8. ATTENDANCE. Regular attendance at mee gs of the Planning Commission is required of all members to enable the Commi ion to discharge the duties imposed upon it by law. In the event a member is absent from or more consecutive 1 regular meetings,without securing the consent of the Chair, upon m�onty vote,the Commission shall request the City Council to remove the member and appoint a new member to fill the unexpired term. 4 (By Laws) 8/12/2003 Section 9. QUORUM. At any meeting of the Planning Commission, a majority of said Commission shall constitute a quorum for the transaction of business. In the event there is,po quorum at a Commission meeting,the Secretary shall adjourn such meeting or shall adjouip to a date certain. Section 10. `ORDER OF BUSINESS. The order of business for a regular or special meeting shall be: (a) Call to order b%whic (b) Consideration the agenda. (c) Any other busiay properly come before the Commission. Section 11. PARLIAMENTAR %PR CEDURE. The parliamentary rules contained in the current revision of Robert's Rules of Ckder, except as otherwise noted in these bylaws, shall, in general, govern the proceedin of this Commission. The Chair shall decide all questions of order, subject to appeal by t Commission, and all appeals shall be decided by a majority vote of the members present. e Chair shall vote on all matters coming before the Commission whether there is a tie vote o not. No member may vote at a meeting by proxy, or by any method other than being perso lly present and casting his/her vote. Every member present shall vote on all questions. Th esult of any vote shall be audibly announced by the Secretary and recorded in the minutes the vote of the Commission. Any member present who disqualifies himself/herself for any ason from voting upon any question shall state his/her reasons for so doing. If a member 5 (By Laws) 8/12/2003 disqualifies himself/herself or abstains because of the requirements of the Political Reform Act,they shall so state. The Secretary shall enter any disqualification and the grounds therefore in the minutes of the meeting. A member who has disqualified himself/herself shall not be required to vote upon the question on which they have disqualified himself/herself, and his/her failure to vote shall be recorded as an abstention. An affirmati e vote of a majority of the members present and voting shall be required for the passage of matter before the Commission,except as otherwise noted in these bylaws. No applicat' n, resolution, or code amendment shall be deemed approved or denied without an affirm tive vote of four(4)members of the Planning Commission either for approval or denial. the event the required affirmative vote is not cast,the matter shall be deemed denied. Section 12. CHANGES IN BYLAWS. affirmative vote of four(4)members of the Planning Commission shall be required to nd these bylaws. Copies of a proposed amendment shall be given to each member at a lar meeting, or shall be mailed to each member at least five(5) days prior to a meeting,and ay then be voted upon at the next regular meeting. Section 13. ADOPTION. APPROVED AND ADOPTED O THE I I'h day of March, 2003, as an amendment to the Bylaws of the Planning Commissio of the City of Huntington Beach, adopted May 3, 1994, by the following roll call vo e: 6 (By Laws) 8/12/2003 AYES: Bohr, Stanton, Kokal, Dingwall, Ray OES: Davis SENT: Shomaker AB TA1N: None ATTEST: Howard Zelefsky,Secretary Randy Kokal, Chair Planning Commission a i 7 (By Laws) 8/12/2003 ATTACHMENT 2 DRAFT BYLAWS CITY OF HUNTINGTON BEACH PLANNING COMMISSION (LEGISLATIVE DRAFT) Section 1. TITLE AND MEMBERSHIP. Witte-Affiele 900 of the The official title of this Commission shall be "Planning Commission of the City of Huntington Beach,"which may also be referred to as the"Huntington Beach Planning Commission,""City Planning Commission" or "Planning Commission." The Planning Commission shall consist of seven (7) members, each appointed by a member of the City Council. Section Z DUTIES OF COMMISSION. The duties of the Planning Commission shall be as provided in the California Government Code, as provided by ordinance of the City of Huntington Beach, and as may be delegated to it by the City Council, Section 23. OFFICERS. The officers of t#isthe Planning Commission shall be a Chairs and Vice-Chaim who shall be elected by majority vote of the Commission and shall hold office for a period of one year and or until their successors are elected. -I1r of the unexpired.o...., of the Gh Viee C . An election of officers shall be held as soon as practical following the first day of January of every year. The elected Chairs and Vice-Chairman shall assume office immediately following said election. 1 (By Laws) 8/12/2003 In the event of a vacancy of the Chair, the Vice-Chair shall serve the balance of the unexpired term of the Chair. In the event of a vacancy of the Vice-Chair, a member of the Commission shall be elected to serve the balance of the unexpired term of the Vice- Chair. No person shall occupy the office of Chairman or Vice-Chairman for more than two consecutive terms. The Planning Director of Community Developffien e City or- his designee shall serve as Secretary of the Commission. Section-34. DUTIES OF CHAIR AAN AND VICE-CHAIRMAN. The Chairman shall preside at the meetings of the Commission and in case of his/her absence or inability to act,the Vice-Chairman shall act, and in the absence of both the Chair and Vice-Chairman,the Commission shall appoint a Chairman pro tempore who shall have all the powers and duties of the Chaim and shall serve only until such time as the Chairman or Vice-Chairffan returns and is able to act. The Chairman shall have the power to make or second any motion,to present and discuss any matters, and vote, notwithstanding the fact that they are the presiding officer of the Commission. The Chairman, or his/her designee shall be available to meet with the Mayor, or his/her designee at least quarterly to discuss issues common to the City Council and Planning Commission When there is a majority vote of the Planning Commission,the Ch^kma t,• n, designeeh ll R Ct + i. P / item ai � Cl a u.0 has been appealed to the City Council, or when a Planning Commission decision on an item differs from staff's recommendation, the Chair or his/her designee shall attend 2 (By Laws) 8/12/2003 City Council meetings and present the majority position of the Planning Commission on the pertinent item. Section 45. DUTIES OF THE SECRETARY. It shall be the duty of the Secretary to keep . , iehedule mat4er-s for-hear-i�and eensiderefien by the Commission,notify members of meetings and peFfeFm sueh other-du4ies required by statute, law or-the Commission accurate and permanent records of the acts and proceedings of the Commission, and such records shall be retained and have the same status as other records of the City;to schedule matters for hearing and consideration by the Commission;to provide timely notice of meetings, agenda and actions as required by code, ordinance,statute or the Commission; and to perform such other duties required by code, ordinance,statute or the Commission. In case of absence of the Secretary, an Acting Secretary, appointed by the Secretary, shall act, and in the absence of both Secretary and Acting Secretary,the Chaim shall appoint a Secretary pro tempore who for such period shall have all the powers and duties of the Secretary and serve only until such time as the Secretary or Acting Secretary returns and is able to act. Section-56. ADVISORS. The Chairman-may,with eonsent of the Go , or a majority of the Commission, may request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. 3 (By Laws) 8/12/2003 Section 67. MEETINGS. (a) Open Meetings. All meetings of the Commission shall be open and public. (b) Regular Meetings. Regular meetings to transact business on public hearing items and on all other matters before the Commission shall be held on the second and fourth Tuesday of each month. The meetings shall convene on non- public hearing matters at the hour of 5:1 S PM in Room B-8 of the Civic Center and, as necessary and with appropriate notice, reconvene for public hearing items and to transact other agendized business at the hour of 7:00 PM in the Council Chambers of the Civic Center. Public notice and an agenda of meeting shall be conspicuously posted and mailed or delivered to members of the Commission and to each local newspaper of general circulation, radio and television station requesting notice in writing, by the Secretary, in accordance with code, ordinance and statute requirements. In the event the date for a regular meeting falls on a legal holiday,such meeting date shall be deemed to be the day following such holiday. In the event the date of a regular meeting follows the date of a regular City Council meeting and such Council meeting falls on a legal holiday, thereby requiring such Council meeting to be postponed to the following day, the date of the regular Commission meeting shall be deemed to be the day after the hold of the postponed Council meeting. (dc) Special Meeting. A special meeting may be called at any time by the Chair, or by a majority of the members,by mailingor-personally delivering "Ren notiee to eaeh member-of the Commission, and to eaeh leeal newspaper-of general eiFeulation,radio and television s"on requesting notiee in"ting. Sueh 4 (By Laws) 8/12/2003 notiee fnuA be delivered personally of by mail at least twenty fouf(24)houfs before the tiffle of sueh meeting as speeified in the , with the same notice as required for a regular meeting. The call and notice shall specify the time and place of the special meeting, and the business to be transacted. No other business shall be considered at such meeting. Surah vai#ea notice may be dispensed iNith aso t 0..ber-who, + o .•to the time the meeting e file L. to iivir , g ' �••� t + Sew of e Planning Go i-sien .men waiver-of notie . Sue'' e given by Sueh wFitten nefiecmay also be dispensed with as to any member-who is ,.+.,all.,present at the...ee4i g aA the time it (d) Public Hearings. The Commission shall not begin any public hearing item after 11:00 PM unless the Commission, by majority vote,so agrees. (ee) Adjournment. Any meeting may be adjourned to a date certain which may be specified in the order of adjournment. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular,adjourned regular, special or adjourned special meeting was held within the twenty-four(24)hours after the time of the adjournment. The begin y publie heagagem aftef 11:00 PM tmiess the Commission,by a majeFity vote, se agrees. In the event the dated for-a regular- meefing Wis on a legal holiday, sueh meeting dated shall be deemed to be the day h holiday. in the eveM the date of a r-egulaf-meeting follows the a + of a regular-City Gotmail meeting and sueh Counesil meeting falls on a legal holiday, thereby requiring such Couneil meeting to be postponed to the fOlIE)Wifig 5 (By Laws) 8/12/2003 day,the date of the regular-GemwAssion fneeting s1W1 be deemed to be the day moo..the holding of the postponed G,,uneil fneefing. Section-78. ATTENDANCE. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. In the event a member is absent from two or more consecutive regular meetings, without securing the consent of the Chair,upon majority vote, the Commission shall request the City Council to remove the member and appoint a new member to fill the unexpired term. Section 89. QUORUM. At any meeting of the Planning Commission, a majority of said Commission shall constitute a quorum for the transaction of business. In the event there is no quorum at a Commission meeting,the Secretary shall adjourn such meeting or shall adjourn to a date certain. Section 910. ORDER OF BUSINESS. The order of business for a regular or special meeting shall be: (a) Call to order by the Chair. (b) Consideration of matters on the agenda. (c) Any other business which may properly come before the Commission. Section 4-911. PARLIAMENTARY PROCEDURE. The parliamentary rules contained in the current revision of Robert's Rules of Order. except as otherwise noted in 6 (By Laws) 8/12/2003 these bylaws, shall, in general, govern the proceedings of this Commission. The Chairman shall decide all questions of order, subject to appeal by the Commission, and all appeals shall be decided by a majority vote of the members present. The Chairman shall vote on all matters coming before the Commission whether there is a tie vote or not. No member may vote at a meeting by proxy, or by any method other than being personally present and casting his/her vote. Every member present shall vote on all questions. The result of any vote shall be audibly announced by the Secretary and recorded in the minutes as the vote of the Commission. Any member present who disqualifies himself/herself for any reason from voting upon any question shall state his/her reasons for so doing. If a member disqualifies himself/herself or abstains because of the requirements of the Political Reform Act,they shall so state. The Secretary shall enter any disqualification and the grounds therefore in the minutes of the meeting. A member who has disqualified himself/herself shall not be required to vote upon the question on which they have disqualified himself/herself, and his/her failure to vote shall be recorded as an abstention. An affirmative vote of a majority of the members present and voting shall be required for the passage of any matter before the Commission, except as otherwise noted in these bylaws. No application, resolution, or code amendment shall be deemed approved or denied without an affirmative vote of four(4) members of the Planning Commission either for approval or denial. In the event the required affirmative vote is not cast, the matter shall be deemed denied. No appheation,r-eselution or-eede amendment shall be deemed approved or- denied without an affirmeAive vote of fouf(4)members of the Plafming Geffffnission- 7 (By Laws) 8/12/2003 either- denial. An ff;...ti,afiye vote f., majority of the f e.. be«s present and voting shall be r-equifed feF the passage of any other-ffHA4er-. I the event the required affirmative vote ; not east the„-,attv,•shill be.,e tinued /A\ aff;...f.afiye votes, e;theF fe approval of denial,the.a eAe.-will he.lee...e,l denied. Section 4412. CHANGES IN BYLAWS. An maje>ity affirmative vote of all four(4) members of the Planning Commission entitled to vets shall be required to amend these bylaws. Copies of a proposed amendment shall be given to each member at a regular meeting, or shall be mailed to each member at least five (S) days prior to a meeting, and may then be voted upon at the next regular meeting. Section 4-213. ADOPTION. APPROVED AND ADOPTED ON THE 23fd 11'k day of MayMarch,49952003, as an amendment to the Bylaws of the Planning Commission of the City of Huntington Beach, adopted May 3, 1994,by the following roll call vote: AYES: LiveageedBohr,Biddlatanton, Go anKokal, Ker-insDingwall, TillitseaRay, Speaker NOES: NoneDavis ABSENT: HoklenShomaker ABSTAIN: None ATTEST: Howard Zelefsky, Secretary GaFy Gofman, Chakma Randy Kokal, Chair Planning Commission 8 (By Laws) 8/12/2003 ATTACHMENT 3 BYLAWS CITY OF HUNTINGTON BEACH PLANNING COMMISSION Section 1. TITLE. Pursuant to Article 900 of the Huntington Beach Ordinance Code,the official title of this Commission shall be"Planning Commission of the City of Huntington Beach,"which may also be referred to as the"Huntington Beach Planning Commission,""City Planning Commission"or"Planning Commission." Section 2. OFFICERS. The officers of this Commission shall be a Chairman and Vice-Chairman who shall be elected by majority vote of the Commission and shall hold office for a period of one year and until their successors are elected. In the event of a vacancy, a member of the Commission shall be elected to serve the balance of the unexpired term of the Chairman or Vice Chairman. An election of officers shall be held as soon as practical following the first day of January of every year. The elected Chairman and Vice Chairman shall assume office immediately following said election. No person shall occupy the office of Chairman or Vice Chairman for more than two consecutive terms. The Director of Community Development or his designee shall serve as Secretary of the Commission. Section 3. DUTIES OF CHAIRMAN AND VICE CHAIRMAN. The Chairman shall preside at the meetings of the Commission and in case of his absence or inability to act,the Vice Chairman shall act, and in the absence of both the Chairman and Vice Chairman,the Commission shall appoint a Chairman pro tempore who shall have all the powers and duties of the Chairman or Vice Chairman and shall serve only until such time as the Chairman or Vice Chairman returns and is able to act. The Chairman shall have the power to make or second any motion,to present and discuss any matters, and vote, notwithstanding the fact that they are the presiding officer of the Commission. The Chairman,or his/her designee shall be available to meet with the mayor, or his/her designee at least quarterly to discuss issues common the City Council and Planning Commission; and When there is a majority vote of the Planning Commission,the Chairman or his/her designee shall attend City Council meetings when a Planning Commission item has been appealed to the City Council, or when a Planning Commission decision on an item differs from staff s recommendation. Section 4. DUTIES OF THE SECRETARY. It shall be the duty of the Secretary to keep a full and true record of all proceedings of the Commission, schedule matters for hearing and consideration by the Commission, notify members of meetings and perform such other duties required by statute, law or the Commission. In case of absence of the Secretary, an Acting Secretary, appointed by the Secretary, shall act, and in the absence of both Secretary and Acting Secretary,the Chairman shall appoint a Secretary pro tempore who for such period shall have all the powers and duties of the Secretary and serve only until such time as the Secretary or Acting Secretary returns and is able to act. Section 5. ADVISORS. The Chairman may,with consent of the Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. 1 (By Laws) (5/23/1995) Section 6. MEETINGS. (a) Open Meetings. All meetings of the Commission shall be open and public. (b) Regular Meetings. Regular meetings shall be held on the second and fourth Tuesday of each month at the hour of 7:00 PM in the Council Chambers of the Civic Center. (c) Adjournment. Any meeting may be adjourned to a date certain which may be specified in the order of adjournment. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular,adjourned regular, special or adjourned special meeting was held within the twenty-four(24)hours after the time of the adjournment. The Commission shall not begin any public hearing item after 11:00 PM unless the Commission,by majority vote, so agrees. In the event the date for a regular meeting falls on a legal holiday, such meeting date shall be deemed to be the day following such holiday. In the event the date of a regular meeting follows the date of a regular City Council meeting and such Council meeting falls on a legal holiday, thereby requiring such Council meeting to be postponed to the following day,the date of the regular Commission meeting shall be deemed to be the day after the holding of the postponed Council meeting. (d) Special Meeting. A special meeting may be called at any time by the Chairman, or by a majority of the members, by mailing or personally delivering written notice to each member of the Commission,and to each local newspaper of general circulation,radio and television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four(24)hours before the time of such meeting, as specified in the notice. The call and notice shall specify the time and place of the special meeting, and the business to be transacted. No other business shall be considered at such meeting. Such written notice may be dispensed with as to any member who, at or prior to the time the meeting convenes, files with the Secretary of the Planning Commission a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. Section 7. ATTENDANCE. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. In the event a member is absent from two or more consecutive regular meetings, without securing the consent of the Chairman,upon majority vote,the Commission shall request the City Council to remove the member and appoint a new member to fill the unexpired term. Section 8. QUORUM. At any meeting of the Planning Commission, a majority of said Commission shall constitute a quorum for the transaction of business. In the event there is no quorum at a Commission meeting,the Secretary shall adjourn such meeting or shall adjourn to a date certain. Section 9. ORDER OF BUSINESS. The order of business for a regular or special meeting shall be: (a) Call to order by the Chairman. (b) Consideration of matters on the agenda. (c) Any other business which may properly come before the Commission. 2 (By Laws) (5/23/1995) Section 10. PARLIAMENTARY PROCEDURE. The parliamentary rules contained in the current revision of Robert's Rules of Order shall, in general, govern the proceedings of this Commission. The Chairman shall decide all questions of order, subject to appeal by the Commission, and all appeals shall be decided by a majority vote of the members present. The Chairman shall vote on all matters coming before the Commission whether there is a tie vote or not. No member may vote at a meeting by proxy, or by any method other than being personally present and casting his vote. Every member present shall vote on all questions. The result of any vote shall be audibly announced by the Secretary and recorded in the minutes as the vote of the Commission. Any member present who disqualifies himself for any reason from voting upon any question shall state his reasons for so doing. If a member disqualifies himself or abstains because of the requirements of the Political Reform Act,they shall so state. The Secretary shall enter any disqualification and the grounds therefore in the minutes of the meeting. A member who has disqualified himself shall not be required to vote upon the question on which they have disqualified himself, and his failure to vote shall be recorded as an abstention. No application,resolution or code amendment shall be deemed approved or denied without an affirmative vote of four(4)members of the Planning Commission either for approval or denial. An affirmative vote of a majority of the members present and voting shall be required for the passage of any other matter. In the event the required affirmative vote is not cast,the matter shall be continued to the next regular meeting or to a date certain, agreed to by a majority of the Commissioners present. If at the continued meeting the matter again fails to receive four (4)affirmative votes, either for approval or denial,the matter will be deemed denied. Section 11. CHANGES IN BYLAWS. A majority vote of all members entitled to vote shall be required to amend these bylaws. Copies of a proposed amendment shall be given to each member at a regular meeting,or shall be mailed to each member at least five days prior to a meeting, and may then be voted upon at the next regular meeting. Section 12. ADOPTION. APPROVED AND ADOPTED ON THE 23rd day of May, 1995, as an amendment to the Bylaws of the Planning Commission of the City of Huntington Beach, adopted May 3, 1994,by the following roll call vote: AYES: Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: Holden ABSTAIN: None ATTEST: Howard Zelefsky, Secretary Gary Gorman, Chairman Planning Commission /kj1 3 (By Laws) (5/23/1995) ATTACHMENT 4 PLANNING COMMISSION BYLAWS SUGGESTED MODIFICATIONS - OCTOBER 61,2003 PAGE NO. SECTION ISSUE PLANNING STAFF RECOMMENDATION COMMENTS LEG.DRFT. COMMISSION Pg. #1 Section 1 Title Add new/delete text: Concurs with new text None add Membership to heading; add appointed by City Council Pg. #1 Section 2 Duties of Add new text: add Concurs with new text None Commission new section; clarify duties of Commission Pg. #1-2 Section 3 Officers Add new/delete text: Concurs with new text None clarify election of officers Pg. #2-3 Section 4 Duties of Add new/delete text: Concurs with new text None Chair and make gender neutral; Vice-Chair clarify responsibilities of Chair and Vice-Chair Pg. #3 Section 5 Duties of the Add new/delete text: Concurs with new text None Secretary clarify how records are kept, scheduling of meetings, noticing, and other duties Pg. #3 Section 6 Advisors Add new/delete text: Concurs with new text None clarify who may request attendance of staff at meetings (g:\hf\planningcommission\bylawsmat ix100603) 1 PLANNING COMNUSSION BYLAWS SUGGESTED MODIFICATIONS OCT'OBER 6 2003 J1 PAGE NO. SECTION ISSUE PLANNING STAFF RECOMMENDATION COMMENTS LEG. DRFT. COMMISSION Pg. #4 Section 7 Meetings: Add new/delete text: Additional language is not necessary Incorporate language (b) Regular clarify time and place and is repetitive of existing recommended by the City Meetings of meetings, noticing, ordinances and laws Attorney's Office, eliminates agendas, holiday potential for further amendments conflicts and to bylaws if ordinances or laws scheduling change. Pg. #4-5 Section 7 Meetings: Add new/delete text: Additional language is not necessary Incorporate language (c) Special require special and can be simplified by referring to recommended by the City Meetings meetings to have the existing ordinances and laws Attorney's Office, eliminates same notice as potential for further amendments regular meetings to bylaws if ordinances or laws change. Pg. #5 Section 7 Meetings: Add new text: begin a Concurs with new text None (d) Public new public hearing Hearings after 11:00 PM requires a majority vote by the Planning Commission Pg. #5-6 Section 7 Meetings: Delete text: Concurs with new text None (e) eliminates repetitive Adjournment text and reorganize to other sections Pg. #6 Section 8 Attendance Delete text: make Concurs with new text None ender neutral Pg. #6 Section 10 Order of Delete text: make Concurs with new text None Business gender neutral (g:\hflplanningcommission\bylawsmatrix100603) 2 PLANNING COMMISSION BYLAWS SUGGESTED MODIFICATIONS OCTOBER 6,2003 SECTION ISSUE PLANNING STAFF RECOMMENDATION COMMENTS PAGE NO. COMMISSION LEG.DRFT. Pg. #6-8 Section 1 I Parliamentary Add new/delete text: See comment section. Incorporate language Procedures make gender neutral; recommended by the City require an Attorney's Office, eliminates the affirmative vote of 4 super majority requirement and members on any eliminates potential for delays. matter and on Example: If a project receives a applications, 3-2 vote, the matter is not resolutions, or code approved under the existing or amendments; 4th proposed bylaws. affirmative vote not cast matter deemed denied Pg. #8 Section 12 Change in Add new/delete text: Concurs with new text None Bylaws requires 4 affirmative votes to amend bylaws Pg. #8 Section 13 Adoption Add new/delete text: Concurs with new text None reflect current actions (g:\hf\planningcommission\bylawsmat ix100603) 3 ATTACHMENT 5 1 JJfe CITY OF HUNTINGTON BEACH Inter-Department Communication TO: HOWARD ZELESFKY,Planning Director FROM:' JENNIFER MCGRATH, City Attorney DATE: May 30, 2003 SUBJECT: Planning Commission Bylaws RLS 2003-0276 The Planning Commission recently adopted several proposed amendments to its bylaws. You have requested our review of the proposed bylaws. We have noted below several recommendations that are different from those approved by the Commission: Section 7 entitled Meetings: This section as proposed is overly cumbersome and too repetitive of existing laws. We recommend the following changes: Subpart(b) entitled"Regular Meetings should be revised to read as follows: (b) Regular Meetings. Regular meetings''shall be held on the second and fourth Tuesday of each month at the Huntington Beach Civic Center commencing at 5:15 p.m. or as soon thereafter as the meeting maybe called to order. Public notice and an agenda of the meeting shall be given as required by law. In the event. (No further changes from approved version.) Subpart(c), entitled"Special Meeting"should be revised to read as follows: (c) Special'Meetings. A special meeting may be called at any time by the Chair, or by a majority of members,with public notice and an agenda of meeting as required by law. Section 11, entitled Parliamentary Procedure, requires a minimum of four affirmative votes for the adoption of most items before the Commission. This artificial super-majority requirement has resulted in occasional delays of projects that received a majority vote of the members present. A project that receives a 3-2 affirmative vote is not approved under the current bylaws. We recommend that all language in this section following the phrase "except as otherwise noted in these bylaws. . . ." be deleted. Page 2 Howard Zelefsky Re: Planning Commission Bylaws Please contact me if you have any further questions. JENNIFER MCGRATH, City Attorney /k c: Hon. Mayor and City Council members Hon. Chairman and Planning Commissioners Attachment: Bylaws (3/6/03 draft version) pda/03memoslbylaws RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: PLANNING COMMISSION BYLAWS COUNCIL MEETING DATE: October 6, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff L Assistant C Administrator Initial City Administrator Initial Q City Clerk EXPLANATION FOR RETURN OF ITEM: (BelowOtt 4 • . For Only) RCA Author: HZ:SH:HF:rl DRAFT BYLAWS CITY OF HUNTINGTON BEACH PLANNING COMMISSION Section 1. TITLE AND MEMBERSHIP. The official title of this Commission shall be "Planning Commission of the City of Huntington Beach,"which may also be referred to as the"Huntington Beach Planning Commission,""City Planning Commission" or "Planning Commission." The Planning Commission shall consist of seven(7)members, each appointed by a member of the City Council. Section 2. DUTIES OF COMMISSION. The duties of the Planning Commission shall be as provided in the California Government Code, as provided by ordinance of the City of Huntington Beach, and as may be delegated to it by the City Council. Section 3. OFFICERS. The officers of the Planning Commission shall be a Chair and Vice-Chair who shall be elected by majority vote of the Commission and shall hold office for a period of one year or until their successors are elected. An election of officers shall be held as soon as practical following the first day of January of every year. The elected Chair and Vice-Chair shall assume office immediately following said election. In the event of a vacancy of the Chair,the Vice-Chair shall serve the balance of the unexpired term of the Chair. In the event of a vacancy of the Vice-Chair, a member of the Commission shall be elected to serve the balance of the unexpired term of the Vice-Chair. 1 (By Laws) 8/12/2003 No person shall occupy the office of Chair or Vice-Chair for more than two consecutive terms. The Planning Director of the City shall serve as Secretary of the Commission. Section 4. DUTIES OF CHAIR AND VICE-CHAIR. The Chair shall preside at the meetings of the Commission and in case of his/her absence or inability to act,the Vice- Chair shall act, and in the absence of both the Chair and Vice-Chair,the Commission shall appoint a Chair pro tempore who shall have all the powers and duties of the Chair and shall serve only until such time as the Chair or Vice-Chair returns and is able to act. The Chair shall have the power to make or second any motion,to present and discuss any matters, and vote,notwithstanding the fact that they are the presiding officer of the Commission. The Chair, or his/her designee shall be available to meet with the Mayor, or his/her designee at least quarterly to discuss issues common-to the City Council and Planning Commission. When a Planning Commission item has been appealed to the City Council, or when a Planning Commission decision on an item before the City Council differs from staff s recommendation,the Chair or his/her designee shall attend City Council meetings and present the majority position of the Planning Commission on the pertinent item. Section 5. DUTIES OF THE SECRETARY. It shall be the duty of the Secretary to keep accurate and permanent records of the acts and proceedings of the Commission, and such records shall be retained and have the same status as other records of the City;to schedule matters for hearing and consideration by the Commission; to provide timely notice of meetings,agenda and actions as required by code, ordinance, statute or the 2 (By Laws) 8/12/2003 Commission; and to perform such other duties required by code, ordinance, statute or the Commission. In case of absence of the Secretary, an Acting Secretary, appointed by the Secretary, shall act, and in the absence of both Secretary and Acting Secretary,the Chair shall appoint a Secretary pro tempore who for such period shall have all the powers and duties of the Secretary and serve only until such time as the Secretary or Acting Secretary returns and is able to act. Section 6. ADVISORS. The Chair, or a majority of the Commission,may request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. Section 7. MEETINGS. (a) Oren Meetings. All meetings of the Commission shall be open and public. (b) Regular Meetings. Regular meetings to transact business on public hearing items and on all other matters before the Commission shall be held on the second and fourth Tuesday of each month. The meetings shall convene on non-public hearing matters at the hour of 5:15 PM in Room B-8 of the Civic Center and, as necessary and with appropriate notice, reconvene for public hearing items and to transact other agendized business at the hour of 7:00 PM in the Council Chambers of the Civic Center. Public notice and an agenda of meeting shall be conspicuously posted and mailed or delivered to members of the Commission and to each local newspaper of general circulation,radio and television station requesting notice in writing,by the Secretary, in accordance with code, ordinance and statute requirements. In the event the date for a regular meeting falls on a legal 3 (By Laws) 8/12/2003 holiday, such meeting date shall be deemed to be the day following such holiday. In the event the date of a regular meeting follows the date of a regular City Council meeting and such Council meeting falls on a legal holiday,thereby requiring such Council meeting to be postponed to the following day,the date of the regular Commission meeting shall be deemed to be the day after the hold of the postponed Council meeting. (c) Special Meeting. A special meeting may be called at any time by the Chair, or by a majority of the members,with the same notice as required for a regular meeting. The call and notice shall specify the time and place of the special meeting, and the business to be transacted. No other business shall be considered at such meeting. (d) Public Hearings. The Commission shall not begin any public hearing item after 11:00 PM unless the Commission, by majority vote, so agrees. (e) Adjournment. Any meeting may be adjourned to a date certain which may be specified in the order of adjournment. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular,adjourned regular, special or adjourned special meeting was held within the twenty-four(24)hours after the time of the adjournment. Section 8. ATTENDANCE. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. In the event a member is absent from two or more consecutive regular meetings, without securing the consent of the Chair, upon majority vote,the Commission shall request the City Council to remove the member and appoint a new member to fill the unexpired term. 4 (By Laws) 8/12/2003 Section 9. QUORUM. At any meeting of the Planning Commission,a majority of said Commission shall constitute a quorum for the transaction of business. In the event there is no quorum at a Commission meeting,the Secretary shall adjourn such meeting or shall adjourn to a date certain. Section 10. ORDER OF BUSINESS. The order of business for a regular or special meeting shall be: (a) Call to order by the Chair. (b) Consideration of matters on the agenda. (c) Any other business which may properly come before the Commission. Section 11. PARLIAMENTARY PROCEDURE. The parliamentary rules contained in the current revision of Robert's Rules of Order,except as otherwise noted in these bylaws, shall, in general, govern the proceedings of this Commission. The Chair shall decide all questions of order, subject to appeal by the Commission,and all appeals shall be decided by a majority vote of the members present. The Chair shall vote on all matters coming before the Commission whether there is a tie vote or not. No member may vote at a meeting by proxy, or by any method other than being personally present and casting his/her vote. Every member present shall vote on all questions. The result of any vote shall be audibly announced by the Secretary and recorded in the minutes as the vote of the Commission. Any member present who disqualifies himself/herself for any reason from voting upon any question shall state his/her reasons for so doing. If a member 5 (By Laws) 8/12/2003 disqualifies himself/herself or abstains because of the requirements of the Political Reform Act,they shall so state. The Secretary shall enter any disqualification and the grounds therefore in the minutes of the meeting. A member who has disqualified himself/herself shall not be required to vote upon the question on which they have disqualified himself/herself, and his/her failure to vote shall be recorded as an abstention. An affirmative vote of a majority of the members present and voting shall be required for the passage of any matter before the Commission, except as otherwise noted in these bylaws. No application, resolution, or code amendment shall be deemed approved or denied without an affirmative vote of four(4)members of the Planning Commission either for approval or denial. In the event the required affirmative vote is not cast,the matter shall be deemed denied. Section 12. CHANGES IN BYLAWS. An affirmative vote of four(4)members of the Planning Commission shall be required to amend these bylaws. Copies of a proposed amendment shall be given to each member at a regular meeting, or shall be mailed to each member at least five(5) days prior to a meeting, and may then be voted upon at the next regular meeting. Section 13. ADOPTION. APPROVED AND ADOPTED ON THE I Id' day of March, 2003, as an amendment to the Bylaws of the Planning Commission of the City of Huntington Beach, adopted May 3, 1994,by the following roll call vote: 6 (By Laws) 8/12/2003 AYES: Bohr, Stanton, Kokal, Dingwall, Ray NOES: Davis ABSENT: Shomaker ABSTAIN: None ATTEST: Howard Zelefsky, Secretary Randy Kokal, Chair Planning Commission 7 (By Laws) 8/12/2003 (9) October 6, 2003 -Council/Agency Agenda - Page 9 E-12. (City Council) Review and Approve Professional Services Agreements for Fiscal Year 2003-2004 Budget ( . ) —Authorize the City Administrator to enter into the professional service agreements included in the Fiscal Year 2003-2004 budget and detailed in Attachment 1 according to established procedures. Submitted by the City Administrator. Funding Source: Each professional service agreement included in Attachment 1 has sufficient funds appropriated for it in the Fiscal Year 2003-2004 budget. The account numbers for each agreement is also detailed in Attachment 1. Communication from the City Clerk requesting Council to include a direction that the agreements be prepared to include the City Clerk's Attestation Line. Continued City Clerk's request to future study session. Approved recommended action 4-2-1 (Coerper, Green—NO, Sullivan absent). E-13. (City Council) Modify the License Agreement Conditions Regarding Outdoor Dining with Alcohol Beverages Pertaining to Section 4.2.33 of the Downtown Specific Plan ( . )—Remove Condition L, pertaining to the serving of alcohol beverages at the outdoor dining areas on July 4t'from the license agreement titled License Agreement— Outdoor Dining w/Alcohol Standard Conditions for businesses with outdoor dining and alcohol permits from the Downtown Specific Plan,4.2.33. Submitted by the Chief of Police. Funding Source: Not applicable. Approved 5-1-1 (Boardman—NO, Sullivan absent) E-14. (City Council) Approve the Amended Planning Commission Bylaws ( )—Approve the Planning Commission Bylaws titled Bylaws City of Huntington Beach Planning Commission.as amended by the Planning Commission (Attachment No. 1). Submitted by the City Attomev and the Planning Director. Funding Source: Not applicable. Adopted as amended with City Attorney's recommendation for revision 6-0-1 (Sullivan absent) (9) October 6, 2003 -Council/Agency Agenda - Page 9 E-12. (City Council) Review and Approve Professional Services Agreements for Fiscal Year 2003-2004 Budget ( \. ) —Authorize the City Administrator to enter into the professional service agreements inc ded in the Fiscal Year 2003-2004 budget and detailed in Attachment 1 according established procedures. Submitted by the Ci -Administrator. Funding Source: Each pr essional service agreement included in At hment 1 has sufficient funds appropriate for it in the Fiscal Year 2003-2- bu et. The account numbers for each agreement' also detailed in Attachment 1. Communication from the City G1rk requesting Council to in de a direction that the agreements be prepared to incWe the City Clerk's Attes ion Line. Continued City Clerk's request to futur study session. Approved recommended action 4-2-1 ( erper, Greed—NO, Sullivan absent). E-13. (City Council Modify the License A r ent Conditions Regarding Outdoor Dining with Alcohol Beverages Pertaining 'S ction 4.2.33 of the Downtown Specific Plan ( . )—Remove Condition L, pert ' ing to theserving of alcohol beverages at the outdoor dining areas on July 4t'from thexlicense agreement titled License Agreement— Outdoor Dining w/Alcohol Standard Conditions for businesses with outdoor dining and alcohol permits from the Downtown Speci#6 Plan, 4.2.33. Submitted by the Chief of Police. Funding Source: Not applicable:' Approved 5-1-1 (Board n—NO, Sullivan absent) E-14. (City Council) Approve the Amended Planning Commission Bylaws ( )—Approve the Planning.Commission Bylaws titled Bylaws City of Huntington 89,ach Planning Commission,as amended by the Planning Commission (Attachment No. 1). Subm`f d by the City Attomey and the Planning Director. Funding Source: Not applicable. Adopted as amended with City Attorney's recommendation for revision ,6-0-1 ,(Sullivan absent) s He'j N CITY OF HUNTINGTON BEACH Inter-Department Communication TO: PATTY ESPARZA, Deputy City Clerk FROM: PAUL D'ALESSANDRO,Assistant City Attorney DATE: October 28,2003 SUBJECT: Planning Commission Bylaws(RLS 2003-0516) In response to your October 15, 2003 memo, attached is a copy of the Bylaws of the City of Huntington Beach Planning Commission, which we obtained from the Planning Department, and which incorporate the changes recommended by the City Attorney. PAUL D'ALESSANDRO, Assistant City Attorney PDA/K Attachment: As above C 03memos/bylaws to cb Council/Agency Meeting Held: Z�3r a3 Deferred/Continued to: 0 Approved D Conditionally Approved2q Denied City Clerk's Signatu Council Meeting Date: February 3, 2003 Department ID Number: PL03-08 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION t— SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administratora/?d PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVAL OF ORDINANCE NO. 3600 AMENDING SECTION 2.34.090 OF HUNTINGTON BEACH MUNICIPAL CODE(PLANNING COMMISSION BYLAWS) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: On January 21, 2003 the City Council voted to reconsider their approval of Ordinance No.. 3600 which would reduce the required number of Planning Commission meetings from twice monthly to once a month. Attached for City Council consideration is Ordinance 3600 as revised by the City Council during the first reading of the Ordinance. Funding Source: Not applicable. Recommended Action: A. STAFF RECOMMENDATION: 3�6b Motion to: 1. "Approve Ordinance No. 3600, an Ordinance of the City of Huntington Beach amending the Huntington Beach Municlp ode by amending Section No. 2.34.090 relating to Planning Commission Bylaws TTACHMENT NO. 1) 2. "Direct th anning Department staff to return to the Planning Commission with the necessary Byl anges for their adoption which implement the City Council approved change to once a month regular meetings." REQUEST FOR ACTION MEETING DATE: February 3, 2003 DEPARTMENT ID NUMBER: PL03-08 Altemative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Ordinance No. 3600, an Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by amending Section No. 2.34.090 relating to Planning Commission Bylaws (ATTACHMENT NO. 1)". Attachment(s): City Clerk's Page Number No. Description 1 Ordinance No. 3600 RCA Author: Howard Zelefsky PL03-08 -2- 1/28/2003 3:09 PM ATTACHMENT 1 ORDINANCE NO. 3 6QL2 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2.34.090 RELATING TO PLANNING COMMISSION BYLAWS WHEREAS, pursuant to its bylaws,the City Planning Commission generally holds two meetings each month, which are usually scheduled during evening hours on the second and fourth Tuesdays; and Due to budget reductions,the City Council desires to change the meeting schedule of the City Planning Commission to one meeting per month, NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 2.34.090 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.34.090 Bylaws and Meetings. The Planning Commission shall adopt such bylaws and rules as it deems necessary to provide for its officers and their method of selection, time and place of meetings and for other such matters relative to its work and administration of its duties which are not otherwise provided for by statute or ordinance. The Planning Commission shall hold its regular meeting once each month, on the second Tuesday of each month. If the second Tuesday of a month is a holiday,the regular meeting for that month shall be held on the following day.Notwithstanding the foregoing,the Secretary of the Planning Commission or a majority of the Planning Commission, with the same notice as required for a regular meeting,may call a special meeting of the Planning Commission at any such time as deemed necessary or convenient. 1 PDA:2002 Ordinances:Planning Commission Meetings RLS 2002-0681 SECTION 2. That this ordinance shall become effective thirty(30) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on January_, 2003. Mayor ATTEST: APPROVED AS TO FORM: City Clerk it"Atto7m�y ATTEST: APPROVED AS TO FORM: cz� 14"1 -,-7 �� City Ad 1.nistrator Ar6ctor of Planning 2 PDA:2002 Ordinances:Planning Commission Meetings RLS 2002-0681 LEGISLATIVE DRAFT 2.34.090 Bylaws and Meetings. The Planning Commission shall adopt such bylaws and rules as it deems necessary to provide for its officers and their method of selection,time and place of meetings and for other such matters relative to its work and administration of its duties which are not otherwise provided for by statute or ordinance. The Planning Commission shall hold its regular meeting once each month, on the second Tuesday of each month. If the second Tuesday of a month is a holiday, the regular meeting for that month shall be held on the following day. Notwithstanding the foregoing, the Secretary of the Planning Commission or a majority of the Planning Commission, with the same notice as required for a regular meeting, may call a special meeting of the Planning Commission at any such time as deemed necessary or convenient. 3 PDA:2002 Ordinances:Planning Commission Meetings RLS 2002-0681 RCA ROUTING SHEET - INITIATING DEPARTMENT: Planning SUBJECT: APPROVAL OF ORDINANCE NO. 3600 AMENDING SECTION 2.34.090 OF HUNTINGTON BEACH MUNICIPAL CODE PLANNING COMMISSION BYLAWS COUNCIL MEETING DATE: February 3, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: (Below • Only) RCA Author: HZ:rl CounciVAgency Meeting Held: J-6-03 Deferred/Continued to: 0 Approved Conditionally Approved D Denied City Clerk's Signa e Council Meeting Date: January & 2003 Department ID Number: PL03-02 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator 020e8 PREPARED BY: HOWARD ZELEFSKY, Director of Plannin 3600 SUBJECT: APPROVE ORDINANCE NO. AMENDING THE HUNTINGTO N BEACH MUNICIPAL CODE BY AMENDING SECTION 2.34c090�= RELATING TO PLANNING COMMISSION BYLAWS t- jFStatement of Issue,Funding Source,Reconrnended Action,Alternative Actb m n(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: In an effort to reduce costs and streamline development processing, the Planning staff is recommending that the City Council amend Section 2.34.090 of the Huntington Beach Municipal Code to reduce the number of required Planning Commission meetings from twice monthly to once a month or as needed. Funding Source: Not applicable. Recommended Action: A. STAFF RECOMMENDATION: Motion to: 1. "Approve Ordinance No. ad , an Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by amending Section No. 2.34.090 relating to Planning Commission ByLaws (ATTACHMENT NO. 1)". 2. "Direct the Planning Department staff to return to the Planning Commission with the necessary By-Law changes for their adoption which implement the City Council approved change to once a month regular meetings." o2e-,b f r i REQUEST FOR ACTION MEETING DATE: January A 2003 DEPARTMENT ID NUMBER: PL03-02 B. STAFF ANALYSIS: For the past two years the Planning Commission has seen a significant reduction in the number and length of its meetings. This can be attributed to two key factors which influence Planning Commission scheduling. First, in 2001 the City Council approved a comprehensive amendment to the City's Zoning Code which shifted the review of a variety of items from the Planning Commission to the Zoning Administrator or Staff. The City Council also approved specific plans which provided distinct development standards that relieved a property owner from Planning Commission review if they complied with the standards adopted by the City Council. The second factor influencing Planning scheduling is the natural evolution of buildout of the City. Simply stated, there is less land available for development. Future land use changes will primarily be focused on rehabilitation of existing properties. As a result of these changes, we have canceled ten (10) meetings in the past two years. Many of the remaining meetings have been limited to one or two minor items. We believe that one meeting a month that is three hours long is more efficient than two meetings per month that last only an hour and a half. By implementing this simple modification, we estimate the City will save between $35,000 and $50,000 annually. However, it should be noted that the Planning Commission or Secretary to the Planning Commission will always have the discretion to add a meeting if it is warranted. General Fund Savings: $35,000 to $50,000 annually. Environmental Status: Not applicable. Attach ent(si: City Clerk' Page Number No. Description 1 Ordinance No. 36� RCA Author: Howard Zelefsky PL03-02 -2- 1/3/2003 11:39 AM ATTACHMENT # 1 , r ORDINANCE NO. 3 0 Q AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2.34.090 RELATING TO PLANNING COMMISSION BYLAWS WHEREAS,pursuant to its bylaws, the City Planning Commission generally holds two meetings each month, which are usually scheduled during evening hours on the second and _ fourth Tuesdays; and Due to budget reductions,the City Council desires to change the meeting schedule of the City Planning Commission to one meeting per month, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 2.34.090 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.34.090 Bylaws and Meetings. The Planning Commission shall adopt such bylaws and rules as it deems necessary to provide for its officers and their method of selection,time and place of meetings and for other such matters relative to its work and administration of its duties which are not otherwise provided for by statute or ordinance. The Planning Commission shall hold its regular meeting once each month,on the second Tuesday of each month. If the second Tuesday of a month is a holiday,the regular meeting for that month shall be held on the following day.Notwithstanding the foregoing,the Secretary of the Planning Commission may call a special meeting of the Planning Commission at any such time as deemed necessary or convenient. 1 PDA:2002 Ordinances:Planning Commission Meetings RLS 2002-0681 r SECTION 2. That this ordinance shall become effective thirty(30) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 6,2003. Mayor ATTEST: APPROVED AS TO FORM: City Clerk ity Auto ey I;L ATTEST: APPROVED AS TO FORM: 01 City A strator DiiWtor of Planning 2 PDA:2002 Ordinances:Planning Commission Meetings RLS 2002-0681 LEGISLATIVE DRAFT 2.34.090 Bylaws and Meetings. The Planning Commission shall adopt such bylaws and rules as it deems necessary to provide for its officers and their method of selection,time and place of meetings and for other such matters relative to its work and administration of its duties which are not otherwise provided for by statute or ordinance. The Planning Commission shall hold its regular meeting once each month, on the second Tuesday of each month. If the second Tuesday of a month is a holiday, the regular meeting for that month shall be held on the following day. Notwithstanding the foregoing, the Secretary of the Planning Commission may call a special meeting of the Planning Commission at any such time as deemed necessary or convenient. 3 PDA:2002 Ordinances:Planning Commission Meetings RLS 2002-0681 RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: APPROVALOF ORDINANCE NO- AMENDING SECTION 2.34.090 OF HUNTINGTON BEACH MUNICIPAL CODE PLANNING COMMISSION BYLAWS COUNCIL MEETING DATE: I January 7, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbud et, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff - Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: (Below • , For Only) RCA Author: HZ:rl -a � Neighbors for Wintersburg Wetlands Restoration 17451 Hillgate,Huntington Beach, CA 92649-4707 - 714-625-0876 -www.bixby.org/parkside PUBLIC COMMENTS FOR JANUARY 6, 2003 HB CITY COUNCIL MTG. Hi, my name is Mark Bixby and I have a few comments regarding proposed ordinance No. 3600 in agenda item G-2b,which will reduce the regular Planning Commission meetings to once per month with a provision to call additional special meetings as needed. It's clear that the city just doesn't"get it"regarding the Brown Act, based on last September's secret Parkside serial meetings,the recent distribution of incomplete and nine years stale Brown Act information to the new Planning Commission, and now this new ordinance. Brown Act Section 54956 says in part: (quote) "A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body..." (end quote) But the new ordinance appears to reserve the right of calling special meetings only for the Secretary of the Planning Commission, Howard Zelefsky, who is neither the presiding officer i nor a member of the Commission. Sorry,but the Brown Act does not allow this. The decision of whether or not to call special meetings is reserved for either the Chairperson of the Commission or a majority of the commissioners. Regardless of who has the authority to call these special meetings, falling into the habit of conducting frequent Commission business in this manner will deny Huntington Beach residents the right of informed participation in the process. Instead of the 72 hours of advance notice for regular meetings, special meetings only require 24 hours of advance notice, which: • Might not make it into the next day's news if distributed to the news media at 5PM the day before the meeting, • Will only allow residents who finish their newspapers well after dinner to realize that they just missed the meeting, and • Simply does not allow enough time for residents to prepare informed public comments between the time of the notice and the time of the meeting if complex issues are involved. Lastly, I am very skeptical that the proposed ordinance will result in the promised $50,000 annual savings. Under both the current and proposed scheme,the total number of projects being heard will be the same, the total amount of meeting time to hear the projects will be the same,the total number of staff reports will be the same, and the total number of EIRs will be the same. So where are the dramatic $50,000 savings if the same level of work is still going to be required? z 0 V 9- . : n.q �� �� rA� �IC � e0 ; Adding special meetings at the last minute could very well incur higher costs than regular meetings. Last minute changes are inherently more expensive due to the disruptive impact they have on regular staff activities. The current situation of simply canceling meetings where there isn't enough to do would seem to be pretty much equivalent in achieving the goal of avoiding unnecessary meetings. So what is the true motivation for making this change? In closing,the city needs to think about ways of increasing informed resident participation in the government process,not reducing it. Please do not approve ordinance No. 3600 as currently written. Thank you! Sincerely, Mark D. Bixby Neighbors for Wintersburg Wetlands Restoration 17451 Hillgate Ln Huntington Beach, CA 92649-4707 714-625-0876 mark@bixby.org C, tf6 Ot,'61'A ' Estimated Cost Savings Overtime 12 Meetings Public Works *$24,000 - $401)000 Fire Dept. City Attorney Planning Staff Other Staff HBTV-3 Crew $21,220 Meals $21880 Planning Commission Stipend $43,200 Total Estimated Savings: $33,300 - $48,300 *Depends on lengtb of meeting and number of staff present. o - o �6 1 e4k, . el -7q - January 6, 2003 .Crl. C A City of Huntington Beach Honorable Mayor and City Council Members 2000 Main Street, 4th Floor Huntington Beach, CA 92648 Subject: January 6`h City Council Agenda Item-- G2b Ordinance No. 3600 Changing Planning Commission Meetings to Once a Month Dear Honorable Mayor and City Council Members: I am writing to communicate my concerns regarding the subject Ordinance No. 3600 agendized for your consideration tonight. I am well aware of the need to look at all available opportunities to cut costs given the State's budget deficit and the City's current projection for less revenues. Nonetheless, I feel the proposed reduction from two Planning Commission meetings a month to only one is premature and would not really save as much as staff has projected. I understand that the agendas have become lighter due to some streamlining that has taken place over the past two years, but the City's processing time for those items that are required to go to the Planning Commission still take an inordinate amount of time compared to most any other city in Orange or Los Angeles counties. I have found that most cities average about 60 days from submittal of a CUP application to the day it is heard by the Planning Commission, here in Huntington it takes 4— 6 months or 2 to 3 times as long. Please refer to attached 2002 Planning Commission Filing and Hearing Schedule for the City of Long Beach. This is far from optimal and just not business friendly. The streamlining that has been implemented for the most part does not affect the downtown area, so for example,every new restaurant tenant that wants to open up in The Strand project will be required to go to the Planning Commission and with one less meeting a month the current 4-6 months of processing will likely get even longer. Please keep in mind that everyday a retail business or restaurant is not open results in the loss of an opportunity to generate sales tax revenue as well. Staff did not specifically outline in their report how $35,000 - $50,000 would be saved by holding 10-12 less meetings, but it does seem like a rather high estimate at $3,500 - $5,000 per meeting. Below I have made a semi-educated guess of the costs to have a meeting and how said costs could be mitigated if need be. My estimates equate to a cost of approximately $1,000 to hold a Planning Commission meeting, not counting staff overtime which can be avoided as stated below. a,i :d 888s92SbtiZ Wd31:WDa_� dbS:bO 2002-9-Nti!' i Staff Salaries—I am told Planning staff does not get overtime,but other departments such as Public Works do. If this is the case,we should be more discerning about which staff attends and whether each will be needed given what items are on the agenda. We could also look at holding the meeting between gam—5pm to avoid all overtime costs. For example, Long Beach holds their Planning Commission meetings at 1:30 pm every other Thursday. HBTV 3—Approximately $200 per meeting according to HBTV 3 staff. It seems pretty inexpensive, but if we needed to we could consider eliminating the televising of the Planning Commission meetings all together. Dinner for staff and commissioners- $240 per meeting We could either eliminate dinners and/or have staff and commissioners pay all or part of the cost. Planning Commissioners Stipend - $50 per meeting totaling$350 Personally I didn't know Planning Commissioners received $50 per meeting when I accepted an appointment, so although the time alone is well worth more than$501 would not fight hard to maintain this stipend. Printing and Mailing of Public Notifications—This cost is only marginally affected as public notifications will not really be reduced just because we have less meetings,there would likely just be more public hearings per meeting. In summary, I strongly believe it would pennywise and pound foolish to reduce the number of meetings at this time,we should instead maintain the current schedule with the option to cancel a meeting should the agenda be determined to be very light. Eliminating a meeting seems much easier than adding a"special meeting." Thank you for your consideration on this issue. Sincerely, e- Keith Bohr Z'Z:d 1LSSTW_2:01 eeesg2SbtiL WU31:WONA dt7S:bO 2002-9-NUf JAN-6-2003 05:06P FROM:TEAM 7145365989 TO:3741557 P:1/1 Page 1 of 3 PLANNING COMMISSION FILING AND HEARING SCHEDULE 2002 Filing Notice Due Notice Mailed Report Deadline Staff Meeting TAC Meeting Secretary# # Available P.C. Hearing Tuesday) (Monday) (Wednesday) (Thursday) (Monday) (Friday) (Thursday) 10/9/01 10/22/01 10/31/01 11/15/01 11/19/01 11/30/01 12/6/01 10/23/01 11/5/01 11/14/01 11/29/01 12/3/01 12/14/01 12/20/01 11/6/01 11/19/01 11/28/01 12/13/01 12/17/01 12/28/01 1/3/02 11/20/01 12/3/01 12/12/01 12/27/01 12/31/01 1/11/02 1/17/02 ' 12/11/01 12/24/01 1/2/02 1/17/02 1/22/02'* 2/1/02 2/7/02 `- 12/26/01 1/7/02 1/16/02 1/31/02 2/4/02 2/15/02 2/21/02 1/8/02 1/22/02** 1/30/02 2/14/02 2/19/02** 3/1/02 3/7/02 1/22/02 2/4/02 2/13/02 2/28/02 3/4/02 3/15/02 3/21/02 , 2/5/02 2/19/02** 2/27/02 3/14/02 3/18/02 3/29/02 4/4/02 2/19/02 3/4/02 3/13/02 3/28/02 4/1/02 4/12/02 4/18/02 3/5/02 3/18/02 3/27/02 4/11/02 4/15/02 4/26/02 5/2/02 3/19/02 4/1/02 4/10/02 4/25/02 4/29/02 5/10/02 5/16/02 4/9/02 4/22/02 5/1/02 5/16/02 5/20/02 5/31/02 6/6/02 4/23/02 5/6/02 5/15/02 5/30/02 6/3/02 6/14/02 6/20/02 5/7/02 5/20/02 5/29/02 6/13/02 6/17/02 6/28/02 7/3/02** 5/21/02 6/3/02 6/12/02 6/27/02 7/1/02 7/12/02 7/18/02 6/4/02 6/17/02 6/26/02 7/11/02 7/15/02 7/26/02 8/1/02 6/18/02 7/1/02 7110/02 7/25/02 7/29/02 8/9/02 8/15/02 7/9/02 7/22/02 7/31/02 8/15/02 8/19/02 8/30/02 9/5/02 7/23/02 8/5/02 8/14/02 8/29/02 9/3/02** 9/13/02 9/19/02 8/6/02 8/19/02 8/28/02 9/12/02 9/16/02 9/27/02 10/3/02 8/20/02 9/3/02** 9/11/02 9/26/02 9/30/02 10/11/02 10/17/02 9/10/02 9/23/02 10/2/02 10/17/02 10/21/02 11/1/02 11/7/02 9/24/02 10/7/02 10/16/02 10/31/02 11/4/02 11/15/02 11/21/02 10/8/02 10/21/02 10/30/02 11/14/02 11/18/02 11/27/02** 12/5/02 10/22/02 11/4/02 11/13/02 11/27/02** 12/2/02 12/13/02 12/19/02 1115102 11/18/02 11/27/02 12/12/02 12/16/02 12/27/02 1/2/03 11/19/02 1212102 12/11/02 12/26/02 12/30/02 1/10/03 1/16/03 # For Staff Use Only **Day of the week adjusted due to City Holiday ALL FILING DEADLINES ARE AT 2:00 P.M. ON THE DATE Lat� � r - http://www.ci.long-beach.ca.us/plan/agendas/pc02schd.htm 1/6/2003 'T RECENEDFFIOM Robert E. Dingwall Ate WXA PARS OF THE ZMAT Im 5832 Raphael Drive COUWL OFFICE OLEW Huntington Beach CONnuE OX:KWAY,CRY CLWX Calif. 92649 ITEM 0 G - �\0 Tel. (714) 840-1811 E-Mail: Contact-pro(i ,mindspringxom January 6,2003 Ladies and Gentlemen of the City Council, I appear before you this evening to address Item G-2b of your Agenda, relating to changing the Planning Commission Bylaws. Public perception plays a very large part in the operation of Government. Scores of people (mostly from the "Silent Sector") worked very long and hard the get the present City Council elected. Many of us who took part in that activity are beginning to become alarmed that the public's perception of local government is changing. Let us look at two of the factors that may very well be causing this change. STREAMLINEING (Webster's Dictionary of the English Language) "Planned in such a way that progress is made easy and rapid as possible" "Modernized and speeded up" - 1 - A=.. -... SOUNDS GREAT ! ! Boy ! We sure need some of that ! Let us (for a moment), step back and take a long look at Streamlining. WHEN DESIGNING AND OPERATING : Boats Ships Submarines Aircraft Automobiles Streamlining is the only way to make them anywhere near efficient. IN PRIVATE INDUSTRY Streamlining is good, very good IN GOVERNMENT (especially Local Government) Streamlining is a double edged sword One good and One very bad In relation to local government's work force, a certain amount of streamlining is good and should be mandatory. -2- BUT A CERTAIN AMOUNT OF CAUTION IS CALLED FOR The atmosphere and conditions under which the workforce operates MUST BE absolutely free of undue political pressures, both, internal and.external. LOCAL GOVERNMENT IS ESTABLISHED TO ADMINISTER THE PUBLIC'S BUSINESS AND THE PUBLIC'S TAX MONEY How are these items: 1. Workforce atmosphere 2. Public's Business 3. Public's Tax Money Effected by Streamlining ? Howe does one Streamline local government"? I. From the Workforce standpoint. The Administration should provide: A: A reasonable Wage. B. A pleasant, politics free"atmosphere. C. Modern up to date.tools & equipment. 2. From.the Administrator's standpoint. A. Diminish or remove all independent thought and/or opposing .viewpoint. B. Reduce or remove all Public Participation in the administration of the Public's Business and/or the Public's Tax Money. 7J Question: How does one diminish independent thought and/or opposing viewpoint ? Ans: Remove subordinates from the Civil Service and put them under a "Personal Service Contract" to the top (none elected) Administrator. This also diverts the loyalty of those members from the Community and its Citizens to the holder of their "Service Contract". Who would disagree with or oppose the person who holds their "Service Contract". Question: Howe does one reduce or remove the Public's Participation in the administration of the Public's Business ? Ans: Slowly and deliberately move more and more items and processes from appointed boards and commissions (that by law must operate in the public purview ) to an administrative office that operates outside the public view. -4- Question: How does one inject internal politics into the workforce atmosphere Ans: When the senior members of a department are removed from the civil service and placed under a "Personal Service Contract" with the Senior (non elected) Administrator, their loyalty is diverted to the holder of that contract: • Not the Community • Not the Citizens of the Community • Not the Public • Not the other members of the workforce MORAL QUICKLY SINKS TO THE LOWEST LEVELS THE. RALPH M. BROWN ACT The Brown Act was passed many years ago. Specifically to control how local governments go about conducting the Public's Business. The Brown Act is not static, it is dynamic, in that it is constantly being changed by both the State Legislature and the Courts. The public's perception is*that the City of Huntington Beach is CONSISTENTLY AND DELIBERATELY violating the currant (year 2002) version of the Brown Act, by insisting that they follow a nine (9).year old version of the act (even though they have been informed and provided.copies of the latest version). (7)' F Later this evening, you will hear more about the Brown Act and the specific sections that are about to be violated. These are but two (2) of the reasons why the public is becoming quite suspect of out local government: STREAMLINING REFUSAL TO ABIDE BY THE BROWN ACT There are more ! Let me close by saying: I find it more and more difficult each day to disagree with this burgeoning new Public Perception. Thank You. ----------------------------------------------- Robert E. Dingwall CoundUAgency Meeting Held: Deferred/Continued to: ❑Approved ❑ Conditionally Approved ❑ Denied I City Cleric's Signature Council Meeting Date: January 7, 2003 Departrnent ID Number. PL03-02 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION ti pp r ' n _ SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS _- SUBMITTED BY: RAY SILVER, City Administrator OZ4J PREPARED BY: HOWARD ZELEFSKY, Director of Planning OrCL. Me. 3(000 SUBJECT: APPROVE ORDINANCE NO.3:orAMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2.34.090 RELATING TO PLANNING COMMISSION BYLAWS StatertKnt of Issue,Funding Source,Recommended Action,Altemadve Action(s),Analysis,EnvvonrnenW Status,Attachment(s) Statement of Issue: In an effort to reduce costs and streamline development processing, the Planning staff is recommending that the City Council amend Section 2.34.090 of the Huntington Beach Municipal Code to reduce the number of required Planning Commission meetings from twice monthly to once a month or as needed. Funding Source: Not applicable. Recommended Action: A. STAFF RECOMMENDATION: Motion to: 1. "Approve Ordinance No. 60n , an Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by amending Section No. 2.34.090 relating to Planning Commission Bylaws (ATTACHMENT NO. 1)°. 6 - zb ... REQUEST FOR --'%C71ON MEETING DATE: January 7, 2003 DE?:aRTMENT ID NUMBER: PL03-02 B. STAFF ANALYSIS.- For the past two years the Planning Commission has seen a significant reduction in the number and length of its meetings. This can be attributed to two key factors which influence Planning Commission scheduling. First, in 2001 the City Council approved a comprehensive amendment to the City's Zoning Code which shifted the review of a variety of items from the Planning Commission to the Zoning Administrator or Staff. The City Council also approved specific plans which provided distinct development standards that relieved a property owner from Planning Commission review if they complied with the standards adopted by the City Council. The second factor influencing Planning scheduling is the natural evolution of buildout of the City. Simply stated, there is less land available for development. Future land use changes will primarily be focused on rehabilitation of existing properties. As a result of these changes, we have canceled ten (10) meetings in the past two years. Many of the remaining meetings have been limited to one or two minor items. We believe that one meeting a month that is three hours long is more efficient than two meetings per month that last only an hour and a half. By implementing this simple modification, we estimate the City will save between $35,000 and $50,000 annually. However, it should be noted that the Planning Commission or Secretary to the Planning Commission will always have the discretion to add a meeting if it is warranted. General Fund Savings: $35,000 to $50,000 annually. Environmental Status: Not applicable. Attachment(s): City C P. . - NumberDescription Ordinance No. 6 0 0 RCA Author: Howard Zelefsky rl ATTACHMENT # 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH hIL?tICIPAL CODE BY A1hIENDING SECTION 2.34.090 RELATING TO PLANNING COMMISSION BYLAWS WHEREAS, pursuant to its bylaws, the City Planning Commission generally holds two meetings each month, which are usually scheduled dtli-ina evening hours on the second and fourth Tuesdays; and Due to budget reductions, the City Council desires to chanae the meeting schedule of the City Planning Commission to one meeting per month. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 2.34.090 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.34.090 Bvlaws and Meetings. The Planning Commission shall adopt such bylaws and rules as it deems necessary to provide for its officers and their method of selection, time and place of meetings and for other such matters relative to its work and administration of its duties which are not otherwise provided for by statute or ordinance. The Planning Commission shall hold its regular meeting once each month, on the second Tuesday of each month. If the second Tuesday of a month is a holiday, the regular meeting for that month shall be held on the following day. Notwithstanding the foregoing, the Secretary of the Planning Commission may call a special meeting of the Planning Commission at any such time as deemed necessary or convenient. i l t PDA:2002 ordinances:Planning,Commission Mectin2s ♦ice . ��W SECTION 2. That this ordinance shall beco,:_c e ective Lmrty ( 0) da�,s after its adoption. PASSED Ah1D ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 6, 2003. Mayor ATTEST: APPROVED AS TO FORM: City Clerk ity Attoriiev ATTEST: APPROVED AS TO FORK City A nistrator Di for of Planning ri 2 PDA:2002 Ordinances:Planning Commission Meetings RLS 2002-0681 LEGISLATIVE DRAFT 2.34.090 Bvlaws and Meetings. The Planning Commission shall adopt such bylaws and rules as it deems necessary to provide for its officers and their method of selection, time and place of meetings and for other such matters relative to its work and administration of its duties which are not otherwise provided for by statute or ordinance. The Planning Commission shall hold its regular meeting once each month, on the second Tuesday of each month. If the second Tuesday of a month is a holiday, the regular meeting for that month shall be held on the following day. Notwithstanding the foregoing, the Secretary of the Planning Commission may call a special meeting of the Planning Commission at any such time as deemed necessary or convenient. 5 3 �s PDA:2002 Ordinances:Planning Commission Meetings U rb,✓ " V"U LEGISLATIVE DRAFT 2.34.090 Bylaws and Meetings. The Planning Commission shall adopt such bylaws and rules as it deems necessary to provide for its officers and their method of selection,time and place of meetings and for other such matters relative to its work and administration of its duties which are not otherwise provided for by statute or ordinance. The Planning Commission shall hold its regular meeting once each month, on the second Tuesday of each month. If i the second Tuesday of a month is a holiday, the regular meeting for that month shall be held on the following day. Notwithstanding the foregoing, the Secretary of the Planning Commissio may call a special meeting of the Planning Commission at any such time s deemed necessary or convenient. LO <PDA:2002 Ordinances:Planning Commission Meetings 3 RLS 2002-0681 BYLAWS CITY OF HUNTINGTON BEACH PLANNING COMMISSION Section 1. TITLE. Pursuant to Article 900 of the Huntington Beach Ordinance Code, the official title of this Commission shall be"Planning Commission of the City of Huntington Beach," which may also be referred to as the"Huntington Beach Planning Commission," "City Planning Commission" or"Planning Commission." Section 2. OFFICERS. The officers of this Commission shall be a Chairman and Vice-Chairman who shall be elected by majority vote of the Commission and shall hold office for a period of one year and until their successors are elected. In the event of a vacancy, a member of the Commission shall be elected to serve the balance of the unexpired term of the Chairman or Vice Chairman. An election of officers shall be held as soon as practical following the first day of January of every year. The elected Chairman and Vice Chairman shall assume office immediately following said election. No person shall occupy the office of Chairman or Vice Chairman for more than two consecutive terms. The Director of Community Development or his designee shall serve as Secretary of the Commission. Section 3. DUTIES OF CHAIRMAN AND VICE CHAERMAN. The Chairman shall preside at the meetings of the Commission and in case of his absence or inability to act, the Vice Chairman shall act, and in the absence of both the Chairman and Vice Chairman, the Commission shall appoint a Chairman pro tempore who shall have all the powers and duties of the Chairman or Vice Chairman and shall serve only until such time as the Chairman or Vice Chairman returns and is able to act. The Chairman shall have the power to make or second any motion, to present and discuss any matters, and vote, notwithstanding the fact that they are the presiding officer of the Commission. The Chairman, or his/her designee shall be available to meet with the mayor, or his/her designee at least quarterly to discuss issues common the City Council and Planning Commission; and When there is a majority vote of the Planning Commission, the Chairman or his/her designee shall attend City Council meetings when a Planning Commission item has been appealed to the City Council, or when a Planning Commission decision on an item differs from staff s recommendation. Section 4. DUTIES OF THE SECRETARY. It shall be the duty of the Secretary to keep a full and true record of all proceedings of the Commission, schedule matters for hearing and consideration by the Commission, notify members of meetings and perform such other duties required by statute, law or the Commission. In case of absence of the Secretary, an Acting Secretary, appointed by the Secretary, shall act, and in the absence of both Secretary and Acting Secretary, the Chairman shall appoint a Secretary pro tempore who for such period shall have all the powers and duties of the Secretary and serve only until such time as the Secretary or Acting Secretary returns and is able to act. Section 5. ADVISORS. The Chairman may, with consent of the Commission, request the attendance at Planning Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. 1 (k1120a) June 13, 1995 Section 6. MEETINGS. (a) Open Meetings. All meetings of the Commission shall be open and public. (b) Regular Meetings. Regular meetings shall be held on the second and fourth Tuesday of each month at the hour of 7:00 PM in the Council Chambers of the Civic Center. (c) Ad-ournment. Any meeting may be adjourned to a date certain which may be specified in the order of adjournment. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within the twenty-four (24) hours after the time of the adjournment. The Commission shall not begin any public hearing item after 11:00 PM unless the Commission, by majority vote, so agrees. In the event the date for a regular meeting falls on a legal holiday, such meeting date shall be deemed to be the day following such holiday. In the event the date of a regular meeting follows the date of a regular City Council meeting and such Council meeting falls on a legal holiday, thereby requiring such Council meeting to be postponed to the following day, the date of the regular Commission meeting shall be deemed to be the day after the holding of the postponed Council meeting. (d) Special Meetine. A special meeting may be called at any time by the Chairman, or by a majority of the members, by mailing or personally delivering written notice to each member of the Commission, and to each local newspaper of general circulation, radio and television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four (24) hours before the time of such meeting, as specified in the notice. The call and notice shall specify the time and place of the special meeting, and the business to be transacted. No other business shall be considered at such meeting. Such written notice may be dispensed with as to any member who, at or prior to the time the meeting convenes, files with the Secretary of the Planning Commission a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. Section 7. ATTENDANCE. Regular attendance at meetings of the Planning Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. In the event a member is absent from two or more consecutive regular meetings, without securing the consent of the Chairman, upon majority vote, the Commission shall request the City Council to remove the member and appoint a new member to fill the unexpired term. Section 8. QUORUM. At any meeting of the Planning Commission, a majority of said Commission shall constitute a quorum for the transaction of business. In the event there is no quorum at a Commission meeting, the Secretary shall adjourn such meeting or shall adjourn to a date certain. Section 9. ORDER OF BUSINESS. The order of business for a regular or special meeting shall be: (a) Call to order by the Chairman. (b) Consideration of matters on the agenda. (c) Any other business which may properly come before the Commission. 2 (k1120a) June 13, 1995 Section 10. PARLIAMENTARY PROCEDURE. The parliamentary rules contained in the current revision of Robert's Rules of Order shall, in general, govern the proceedings of this Commission. The Chairman shall decide all questions of order, subject to appeal by the Commission, and all appeals shall be decided by a majority vote of the members present. The Chairman shall vote on all matters coming before the Commission whether there is a tie vote or not. No member may vote at a meeting by proxy, or by any method other than being personally present and casting his vote. Every member present shall vote on all questions. The result of any vote shall be audibly announced by the Secretary and recorded in the minutes as the vote of the Commission. Any member present who disqualifies himself for any reason from voting upon any question shall state his reasons for so doing. If a member disqualifies himself or abstains because of the requirements of the Political Reform Act, they shall so state. The Secretary shall enter any disqualification and the grounds therefore in the minutes of the meeting. A member who has disqualified himself shall not be required to vote upon the question on which they have disqualified himself, and his failure to vote shall be recorded as an abstention. No application, resolution or code amendment shall be deemed approved or denied without an affirmative vote of four(4) members of the Planning Commission either for approval or denial. An affirmative vote of a majority of the members present and voting shall be required for the passage of any other matter. In the event the required affirmative vote is not cast, the matter shall be continued to the next regular meeting or to a date certain, agreed to by a majority of the Commissioners present. If at the continued meeting the matter again fails to receive four (4) affirmative votes, either for approval or denial, the matter will be deemed denied. Section 11. CHANGES IN BYLAWS. A majority vote of all members entitled to vote shall be required to amend these bylaws. Copies of a proposed amendment shall be given to each member at a regular meeting, or shall be mailed to each member at least five days prior to a meeting, and may then be voted upon at the next regular meeting. Section 12. ADOPTION. APPROVED AND ADOPTED ON THE 23rd day of May, 1995, as an amendment to the Bylaws of the Planning Commission of the City of Huntington Beach, adopted May 3, 1994, by the following roll call vote: AYES: Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: Holden ABSTAIN: None ATTES — / Howya Zelefsky retary Gary G rman, Chairman Planning Commission /kjl 3 (k1120a) June 13, 1995