HomeMy WebLinkAboutPlanning Commission - Bylaws - 01/10/2006PLANNING COMMISSION
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CITY OF HUNTINGTON BEACH
(January 10, 2006)
Section L TTTLE AND MEMBERSH)P. The official title ofthis 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 Commissiod' 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 COMDIISSION. 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 yeaz. The Chair and Vice-Ghair
shall be elected based on seniority, as follows:
a_ The Commissioner with the most seniority who has not served as Ghair, or the
Commissioner who served as Chair longest ago if all Commissioners have served as
Chair, shall be elected Chair.
Approved by City Council May 15, 2006
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. DU'PIES OF CI�AIR,AND VICE-CHAIlt. 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 ice -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.
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.
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 quonun 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 regulaz or special
meeting shall be:
(a) Call to order by the Chan.
(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 currem 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 taming 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
himseif/herself for any reason from voting upon any question shall state his/her reasons for so
doing. If 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/hersel�
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. CIIANGES 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 1 STH DAY OF
MAY, 2006, as an amendment to the Bylaws of the Planning Commission of the City of
Huntington Beach, adopted May 3, 1994, by a unanimous vote of 7-04