HomeMy WebLinkAboutApprove Planning Commission Bylaws, Rules and Allocation of A
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CITY 01,;
Council/Agency Meeting Held: �s�0�
Deferred/Continued to:
1A proved ❑ Conditionally Approved ❑ Denied City erk' Signat e
Council Meeting Date: 5/15/2006 Departmer4 IrAumbere PL2006-08
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PLANNING COMMISSION
PREPARED BY: BOB DINGWALL, PLANNING COMMISSION CHAIRPERSON
4�'e
HOWARD ZELEFSKY, DIRECTOR OF PLANNING ��---
SUBJECT: APPROVE THE PLANNING COMMISSION BYLAWS, RULES, AND
ALLOCATION OF SPEAKERS TIME
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Transmitted for your consideration are proposed amendments to the
Planning Commission Bylaws, newly established Planning Commission Rules, and the
continued use of the allocation of speaker's time.
The Planning Commission approved the amendments to their bylaws, the newly established
rules, and the continued use of the allocation of speaker's time and is recommending
approval (Recommended Action).
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)", and
2. "Approve the newly established Planning Commission Rules (ATTACHMENT NO. 2),"and
3. 'Approve the continued use of the allocation of speakers time."
REQUEST FOR ACTION
MEETING DATE: 5/15/2006 DEPARTMENT ID NUMBER:PL2006-08
Planning Commission Action on January 10, 2006.-
THE MOTION MADE BY RAY, SECONDED BY LIVENGOOD, TO APPROVE THE PLANNING
COMMISSION BYLAWS AS MODIFIED AND FORWARD TO THE CITY COUNCIL CARRIED BY
THE FOLLOWING VOTE:
AYES: BURNETT, LIVENGOOD, SCANDURA, DINGWALL, RAY, HORGAN, DYWER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
MOTION PASSED
THE MOTION MADE BY LIVENGOOD, SECONDED BY RAY, TO APPROVE THE PLANNING
COMMISSION RULES AS MODIFIED AND FORWARD TO THE CITY COUNCIL CARRIED BY THE
.FOLLOWING VOTE:
AYES: BURNETT, LIVENGOOD, SCANDURA, DINGWALL, RAY, HORGAN, DYWER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
MOTION PASSED
City,Council Action on September 7, 2004:
THE MOTION MADE BY SULLIVAN, SECONDED BY HARDY, TO APPROVE THE ALLOCATION
' OF SPEAKERS TIME AS MODIFIED FOR ONE YEAR AND PUBLIC HEARING ITEMS ONLY
CARRIED BY THE FOLLOWING VOTE:
AYES: SULLIVAN, HARDY, BOARDMAN, COOK
NOES: COERPER, GREEN
ABSENT: NONE
ABSTAIN: NONE
MOTION PASSED
Alternative Action(s):
The City Council may make the following alternative motion(s):
"Continue the Planning Commission Bylaws, Rules, and Speakers Allocation of Time and
direct staff accordingly."
G:\RCAs\2006\PL06-08 PC Bylaws&Rules.doc -2- 4/26120061:25 PM
REQUEST FOR ACTION
MEETING DATE: 5/15/2006 DEPARTMENT ID NUMBER:PL2006-08
Analysis:
BYLAWS
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
meetings and recommended changes to the document. The primary amendment is to
Section 3. Officers and how the Chair and Vice-Chair are elected (see Section 3. a-d). The
section states that the election of both officers is based on seniority and further states how
seniority is determined. Also a minor amendment was made to Section 4. Duties of Chair
and Vice-Chair on representation on planning items before the City Council. The
amendment states that if the Chair is not a member of the voting majority on the item before
the City Council, the Chair shall appoint a member from the majority vote to represent the
Commission at the City Council meeting. Finally, minor grammatical text changes where
made throughout the document. The Planning Commission recommends the City Council
approve the amended bylaws (Attachment No. 1).
RULES
The newly established rules are proposed to regulate how the Planning Commission
conducts their meetings, how they work with staff, and how the Commission may request an
item be placed on an agenda (Attachment No. 2). The newly established Rules are primarily
taken from past protocols. The Planning Commission reviewed the rules at several study
sessions and took formal action to approve the rules at their meeting of January 10, 2006.
The Planning Commission recommends the City Council approve the newly established
rules.
Upon the approval of the amended Bylaws and new Rules by the Planning Commission,
Planning staff forwarded the documents to the City Attorney's Office for review and comment.
The,City Attorney's Office recommended no modifications (Attachment No. 4).
ALLOCATION OF SPEAKERS TIME
The Planning Commission, for the past year, has been conducting their public hearing items
using the allocation of speaker's time. The allocation of speaker's time provides the public
the ability to donate their four minutes of time to one another up to a maximum of 12 minutes.
The Planning Commission believes this allows the members of the public to better present an
issue during the public hearing process and reduces the overall presentation time. A total of
six speakers over the past year have used the speaker's allocation of time. The Planning
Commission recommends the continued use of the speaker's allocation of time.
G:\RCAs\2006\PL06-08 PC Bylaws&Rules.doc -3- 4/26/2006 1:25 PM
REQUEST FOR ACTION
MEETING DATE: 5/15/2006 DEPARTMENT ID NUMBER:PL2006-08
Environmental Status: Not Applicable
Attachmenys):
NumberCity Clerk's
Page . Description
1. Draft Planning Commission Bylaws dated January 10, 2006
2. Draft Planning Commission Rules dated January 10, 2006
3. Planning Commission Bylaws dated approved October 6, 2003
4. 1 City Attorney's Office memo dated March 20, 2006
G:\RCAs\2006\PL06-08 PC Bylaws&Rules.doc -4- 4/26120061:25 PM
(7) May 15, 2006 - Council/Agency Agenda - Page 7
**PowerPoint presentation titled Holly Seacliff Development Agreement Interim
Extension is included in the agenda packet.
Recommended Action: Motion to:
1. Approve the "First Amendment to Development Agreement By and Between
the City of Huntington Beach and Pacific Coast Homes and Garfield Partners"
by adopting Ordinance No. 3736, "An Ordinance of the City Council of the City
of Huntington Beach Adopting A First Amendment to the Development
Agreement Between the City of Huntington Beach and Pacific Coast Homes
and Garfield Partners"with "Findings for Approval— First Amendment To
Development Agreement No. 90-1."
and
2. Approve and authorize the Mayor and City Clerk to execute the "First
Amendment to Development Agreement By and Between the City of
Huntington Beach and Pacific Coast Homes and Garfield Partners."
Planning Director Zelefsky gave an oral report. Open public hearing, no
speakers or Late Communications, close public hearing. Motion to approve
Recommended Action.
Approved 7-0
E. CONSENT CALENDAR
All yvmatters listed on the Consent Calendar are considered by the City Council and
Redeveloprnent Agency to be routine and will be enacted by one motion in the form
listed.
Recommended action: Approve all items on the Consent Calendar by affirmative roll
call vote.
E-1. (City Council/Redevelopment Agency) Minutes (120.65) — None.
E-2. (City Council/Redevelopment Agency) Approve the Amendment to
Planning Commission Bylaws, and Approve; Newly Established Rules, and
Continued Use of the Allocation of Speakers Time (440.90) 1)Approve the
Planning Commission Bylaws as amended by the Planning Commission; and 2)
Approve the newly established Planning Commission Rules; and 3)Approve the
continued use of the allocation of speaker's time. Submitted by the Planning Director
and the Planning Commission Chairperson. Funding Source: Not Applicable.
CM Bohr requested an amendment to the Recommended Action. Motion to
approve, as amended to request Planning Commission study Planning
Commission member speaking time limits.
Approved as amended 7-0
ATTACHMENT 1
BYLA WS
PLANNING COMMISSION
of the
CITY OF HUNTINGTON BEACH
(January 10,2006)
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 a
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 Chair and Vice-Chair
shall be elected based on seniority, as follows:
a. The Commissioner with the most seniority who has not served as Chair, or the
Commissioner who served as Chair longest ago if all Commissioners have served as
Chair, shall be elected Chair.
1
b. The Commissioner with the most seniority who has not served as Vice-Chair, or the
Commissioner who served as Vice-Chair longest ago if all Commissioners have
served as Vice-Chair, shall be elected Vice-Chair.
c. Seniority between Commissioners shall be determined by the chronological order of
the uninterrupted service date of first attendance of each as a sworn Commissioner at
a Planning Commission meeting. If seniority between two or more Commissioners is
equal based on the first determination,then seniority between the subject
Commissioners shall be based on the highest or higher vote counts of the
Commissioners' appointing City Council Members.
d. Any Commissioner may decline nomination as Chair or Vice-Chair. Such declination
shall not alter the selection process for Chair or Vice-Chair among the remaining
Commissioners.
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, in accordance with the aforementioned seniority determination, 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 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
2
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. When the Chair is not a
member of the voting majority on the item before the Council, the Chair shall appoint a member
of such Commission majority as the Commission's representative.
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 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.
3
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 following day, the
date of the regular Commission meeting shall be deemed to be the day after the postponed
Council meeting is held.
(c) Special Meeting. A special meeting may be called at any time by the Chair, or by a
majority of the 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 maybe adjourned to a date certain which maybe 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.
4
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, such consent not to be unreasonably
withheld, and upon majority vote, the Commission shall request the City Council appointing
member to remove the Commissioner 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 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
5
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.
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, and 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 DAY OF
, 2006, as an amendment to the Bylaws of the Planning Commission of the City of
Huntington Beach, adopted May 3, 1994, by vote of
ATTEST:
Howard Zelefsky, Secretary Robert Dingwall, Chair
Planning Commission
6
ATTACHMENT 2
RULES
PLANNING COMMISSION
of the
CITY OF HUNTINGTON BEACH
(January 10, 2006)
DURING STUDY SESSIONS AND PUBLIC HEARINGS:
1. Commissioners shall not speak until recognized by the Chair or as provided in
Robert's Rules of Order.
2. Commissioners shall not debate members of the public who are providing
testimony.
3. Neither the Chair nor any Commissioner shall permit members of the public to
engage in a dialogue with Commissioners, staff or other persons in the audience
during the meeting.
4. Commissioners shall not engage in discussion with the public or applicants
during the public hearing portion of the meeting or during breaks in the meeting.
5. Commissioners shall not indicate or communicate electronically, or by word or
action how they intend to vote prior to a meeting and during study sessions and
public hearings. Commissioners shall wait until all the testimony has been heard
and the public hearing is closed.
6. Commissioners shall disclose any communications with the applicant or other
interested parties, or any site visit performed, or other relevant evidence, prior to
voting on the item.
7. Commissioners shall give a brief reason when making a motion for approval,
denial or continuance.
8. Commissioners shall state the reason for any abstention.
9. When abstaining from an item due to a conflict of interest, Commissioners shall
leave the room until the Commission concludes that item, except as otherwise
provided for in state law. When abstaining from an item due to potential bias,
Commissioners shall leave the dais until the Commission concludes that item.
10. Commissioners shall allow the staff to state their professional opinions even if
they clash with those of the Commission.
1
i .
11. Commissioner comments deemed out of order are cause for the Chair to re-take
the floor subject to Robert's Rules of Order.
12. At any public meeting of the Planning Commission, Commissioners shall not
characterize any individual or entity's position on any issue unless the individual
or entity's position is contained in writing, or without first asking the individual or
entity, at that meeting, their position on the subject in question.
WORKING WITH STAFF:
13. Commissioners should discuss any concern relative to the agenda or procedure
with the Chair. Any concern regarding staff reports, presentations, public
information, staff performance, etc., should be directed to the Planning Manager
and/or Planning Director.
14. Commissioners should meet or contact Planning staff prior to the meeting in
order to have their questions or concerns addressed or resolved on any agenda
item.
15. Commissioners should call and schedule meetings with staff in advance, as staff
may not be immediately available to meet with a Commissioner.
16. Commissioners shall ask the project planner questions (information only) about
their project. When seeking services (research, exhibits, revised findings and
conditions, etc.) from anyone in the Planning Department, Commissioners should
work only through the Planning Manager or Principal Planner.
OTHER:
17. When speaking/presenting before the City Council, Planning Commission, or
other legislative bodies at a public meeting, Commissioners shall clearly and
affirmatively indicate that they are not speaking on behalf of the Planning
Commission, or in the capacity of a Planning Commissioner, unless authorized to
do so, and shall indicate their representative capacity at the beginning of the
statement (e.g., a home owner or business owner, or as a private citizen).
18. Commissioners may meet with an applicant solely to gather information, and
shall not negotiate terms and conditions of approval.
19. While Commissioners may encourage the general public to appear at any
Planning Commission hearing or meeting to express their views, Commissioners
shall not, directly or indirectly, encourage any members of the public to attend
any meeting to advocate a particular position, imagined or real, on any
agendized item to be voted on by the Planning Commission.
2
20. Commissioners shall submit all written materials related to agenda items in time
for inclusion in the staff report for the meeting that the items will be heard. These
materials shall be included in the staff report that is distributed to the
Commissioners, City staff, and the public for review. Any written materials that
are not submitted by a Commissioner in time for inclusion in the staff report are
deemed a late communication. The Commission shall consider a late
communication from a Commissioner in the same manner as any other late
communication received for that meeting, or may authorize by a majority vote to
continue the agenda item to a future meeting in order to allow time to examine
the late communications.
COMMISSIONER REQUEST AGENDA ITEMS:
21. The process for Commissioners' request to place an item on the Planning
Commission agenda for consideration shall be:
a. Item should be of general interest and not a project already in process by
staff.
b. The request shall be communicated in writing or email to the Principal
Planner and Planning Commission Chair with supplemental reports and/or
information prepared by the Commissioner (not staff).
c. The request shall be submitted at least one (1) week in advance of the
Planning Commission meeting at which it is to be considered.
d. Item shall be added to the appropriate meeting agenda under PLANNING
COMMISSION REQUEST ITEMS.
e. At the meeting, the Commissioner making such request shall make a
presentation of the item.
f. The Planning Commission, upon motion and by majority vote, may accept or
deny the item, or may continue the item for further consideration at a
subsequent meeting and direct staff accordingly.
g. If a continued item requires more than four (4) hours of staff time, a memo
from the Commission is prepared and submitted to the City Administrator
and/or the City Council for approval and direction.
h. If a continued item requires four (4) hours or less of staff time, or if an item
requires more than four (4) hours of staff time and is approved by the City
Administrator or the City Council, the item shall be placed on the Planning
Department Work Program and prioritized as staff resources permit.
i. If item does not receive a majority vote of the Planning Commission,
consideration of the item (and any staff time) shall be deemed denied.
3
ADOPTION:
APPROVED AND ADOPTED ON THE DAY OF , 2006, as the
Rules of the Planning Commission of the City of Huntington Beach, by a vote of
ATTEST:
Howard Zelefsky, Secretary Robert Dingwall, Chair
Planning Commission
4
LAT�TACH,M-E' NT 3
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
t
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
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
{ 3
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.
t 1
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. t
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
. { a
4 (PC By Laws)
10/062003
r
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 himselfJherself 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
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 1N 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 0 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
ATTACHMENT 4
Lj
#ej�
ka" CITY OF HUNTINGTON BEACH
Inter-Department Communicationcity
of Hunting
TO: HOWARD ZELEFSKY,Director of Planning Mp,R 2g 2006
FROM: JENNIFER MCGRATH, City Attorney
DATE: March 20, 2006
SUBJECT: 2006-032
Planning Commission's Amended By-Laws and Established New Rules
You have asked our office to review and provide a recommendation as to the proposed
amendments to the By-Laws and Rules of the Planning Commission. Our office has previously
provided several comments to the proposed By-Laws and Rules, which comments were provided
orally to both the Commission and to staff throughout consideration of the proposed By-Laws
and Rules. We have reviewed the attached draft and have no additional recommendations at this
t me. -
(J-,
NNIFER MCGRATH,
City Attorney
/k
g/mulvihill/06memos/PC By-Laws
RCA ROUTING SHEET
INITIATING DEPARTMENT: PLANNING
SUBJECT: Planning Commission Bylaws, Rules and Allocation of
Speakers Time
COUNCIL MEETING DATE: May 15, 2006
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement w/exhibits if applicable) Attached ❑
( pp ) Not Applicable
Si ned in full by the City Attorne
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable
Approved as to form by City Attorne
Certificates of Insurance (Approved b the City Attorne Attached ❑
Pp Y Y Y) Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
If applicable) Attached
Bonds ❑
( pp ) Not Applicable
Staff Report If applicable) Attached ❑
p ( Pp ) Not Applicable
Commission, Board or Committee Report ( PP ort If a licable Attached) Not A licable El❑
Findings/Conditions for Approval and/or Denial Attached ElFindin
9 pp 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:
Only)(Below Space For City Clerk's Use
RCA Author: HZ:SH:hf