HomeMy WebLinkAboutPlanning Commission Rules Amendment - Rule No. 9 - Amending Council/Agency Meeting Held: 0 &Tko�
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Council Meeting Date: 10/19/2009 Department Number: PL09-22
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PLANNING COMMISSION
PREPARED BY: CHAIR ELIZABETH SHIER BURNETT, PLANNING COMMISSION
SCOTT HESS, DIRECTOR OF PLANNING
SUBJECT: APPROVE THE AMENDMENT TO THE PLANNING COMMISSION
RULES (RULE NO.9)
Statement 7ofissue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Transmitted for your consideration is a proposed amendment to the
approved Planning Commission Rules. The Planning Commission approved the amendment to Rule
No. 9 of their Planning Commission Rules and is recommending approval.
Funding Source: Not Applicable
Recommended Action:
Motion to:
"Approve the Planning Commission Rules as amended by the Planning Commission."
Planning Commission Action on July 28, 2009:
THE MOTION MADE BY SCANDURA, SECONDED BY FARLEY, TO APPROVE THE PLANNING
COMMISSION RULES AS AMENDED AND FORWARD TO THE CITY COUNCIL CARRIED BY THE
FOLLWING VOTE:
AYES: MANTINI, FARLEY, SHIER BURNETT, SCANDURA, DELGLEIZE
NOES: NONE
ABSENT: LIVENGOOD
ABSTAIN: SPEAKER
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 10119/2009 DEPARTMENT ID NUMBER: PL09-22
Alternative Action(s): The City Council may make the following alternative motion:
"Continue the Planning Commission Rules and direct staff accordingly."
Analysis: The Planning Commission established a new set of Rules and approved them at a
meeting on January 10, 2006. The Rules were forwarded to the City Council for their review and the
City Council approved them on May 15, 2006. The Rules regulate how the Planning Commission
conducts their meetings, how they work with staff and how they may request an item be placed on an
agenda. The rules were primarily taken from past Planning Commission Protocols.
The Planning Commission recently amended (reworded) Rule No. 9 of their approved Rules. The
amendment serves to make the Planning Commission's rules track the Political Reform Act ("PRA")
more closely. The amendment specifies that the Commissioners must abstain when there is a
financial interest in a decision as determined by the PRA. Further, the financial interest must be
identified and the Commissioners must leave the dais until the item has been concluded unless the
PRA provides otherwise. The Planning Commission discussed the various circumstances in which a
Commissioner could possibly remain in the room under the PRA.
Strategic Plan Goal:
The Planning Commission's amendment to their approved Rules is consistent with the City Council's
Strategic Plan Goal to "Improve Internal and External Communications" by the continued community
involvement and dialogue during their public meetings.
The Planning Commission continues to provide opportunities for citizens to become involved in local
government during the public hearing process regarding the various projects they review.
Environmental Status: Not Applicable
Attachment(s):
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1. Legislative Draft Planning Commission Rules dated July 24, 2009
-2- 10/8/2009 1:48 PM
ATTACHMENT # 1L]
RULES
OO
PLANNING COMMISSION �a
of the
CITY OF HUNTI6NGTOVN BEACH
(Legislative Draft m July 24, 2009)
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 financial interest in a decision
within the meaning of Government Code Section 87100, GenfliGt of
int�ct, Commissioners shall identify the economic interest that gives
rise to the conflict and leave the room until the Commission concludes that
item, except as otherwise provided for in state law. WheR abstaining from an
item due potential n (anmmio n�rs shall leave the dam until
the
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Gemmiocien nnnnludes that item
Legislative Draft-July 28,2009 1
10. Commissioners shall allow the staff to state their professional opinions even if
they clash with those of the Commission.
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
2
any meeting to advocate a particular position, imagined or real, on any
agendized item to be voted on by the Planning Commission.
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 24T" DAY OF JULY, 2009, as the Rules of the
Planning Commission of the City of Huntington Beach, by a vote of 5-0-2 (Livengood
Absent, Speaker Abstain).
ATTEST:
Scott Hess, Secretary Elizabeth Shier Burnett, Chair
Planning Commission
4
CA ROUTING SHEET
INITIATING DEPARTMENT: PLANNING
SUBJECT: Planning Commission Rules a Amended Rule No. 9
COUNCIL MEETING DATE: October 19, 2009
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 ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached
Not Applicable ❑
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RE RNED FORWARDED
Administrative Staff
Deputy City Administrator Initial r`ry
City Administrator Initial
City Clerk ( )
EXPLANAT ON FOR RETURN OF ITEM:
AIE k6)�LL�J-10,44J(
RCA Author: SH:hf