HomeMy WebLinkAbout08/03/1993, C-10 - PLANNING COMMISSION BY-LAWS UPDATE I,II�INI��lllllnll 1I MEETING DATE:
II �A����� city of san 1...9s OBISpO August 3, 1993
MoGs COUNCIL AGENDA REPORT 6_0
FROM: Arnold B. Jonas, Director of Community Development
PREPARED BY: Ronald Whisenand, Development Review Manager
SUBJECT: Planning Commission By-Laws Update
CAO RECOMMENDATION: Adopt a resolution amending the By-Laws of the Planning
Commission.
DISCUSSION: Section B3a of the City's Advisory Body Handbook indicates that "By May
1st in each odd-numbered year, the bylaws of each advisory body shall be reviewed by that
body. Any proposed changes shall be submitted to the Council for approval." In keeping with
this requirement, the Planning Commission reviewed their existing by-laws on April 14, 1993,
June 23, 1993, and June 30, 1993. Based on this review, some changes are recommended.
The first change is proposed in Section IV. on quorums. Based on legal advice from the City
Attorney's Office, the Commission felt that subsection B was no longer applicable. This section
incorrectly indicates that a failure to vote or abstention on any item would not effect the number
of Commissioners present for quorum purposes. A ruling on a court case found that an
abstention of one or more Commissioners would effect the quorum for that item. Subsection
B is therefore proposed for deletion. In addition to this change, the Commission felt that
subsections C and D were more appropriate in the voting section (Sec. V.) and were therefore
moved. Finally, the existing subsection E was re-lettered to B.
The only other change recommended by the Commission was in the attendance section (Sec.
VII.). Existing language requires automatic replacement of any Commissioner who misses three
consecutive meetings (regular, adjourned regular, or specially-scheduled) or six meetings within
any 12 month period. The existing language is currently inconsistent with the City's Advisory
Body Handbook which specifies automatic replacement for any Commissioner who misses three
consecutive regular meetings. The Handbook makes no reference to adjourned regular and
specially-scheduled meetings.
The Commission feels that attendance is extremely important, but were uncomfortable with the
existing language that is more restrictive than the Advisory Body Handbook. In order to be
consistent with the Advisory Body Handbook and allow some flexibility with adjourned regular
or specially-scheduled meetings, the Commission recommends that some minor changes to the
attendance section be made.
The first change involves making the attendance language for regular meetings consistent with
that in the Advisory Body Handbook (Sub-Section A). That language provides for automatic
replacement of any Commissioner who fails to attend three consecutive regular meetings or a
total of six regular meetings within any 12 month period.
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IMCOUNCIL AGENDA REPORT
Council Agenda Report - Planning Commission By-Laws
June 01, 1993
Page 2
The second change would add a subsection B that addresses attendance at adjourned regular or
specially scheduled meetings. This new language would require that the Chairperson consider
an attendance referral to the Council when any Commissioner fails to attend three regular,
adjourned regular, or specially-scheduled meetings (excluding Commission site visits) or a total
of six such Commission meetings within any 12 month period. This additional language will
provide the Chairperson the flexibility needed to consider special circumstances.
The proposed language changes are contained in the attached resolution.
CONCURRENCES: The City Clerk has reviewed the Planning Commissions's proposed
changes and noted that the draft language is consistent with the Advisory Body Handbook. The
City Clerk, in a separate action will propose some changes to the Advisory Body Handbook in
order to reflect the Planning Commission attendance provisions.
ALTERNATIVES: The City Council may choose to approve all, some, or none of the changes
to the by-laws as recommended by the Planning Commission and staff.
ATTACHMENTS:
1. Resolution Amending the Planning Commission By-Laws
2. Legislative Draft of Planning Commission By-Laws
3. Planning Commission Staff Report
RESOLUTION NO. (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE BY-LAWS OF THE PLANNING COMMISSION
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1 . That Sections IV, V, and VII of the By-Laws of the Planning
Commission are amended to read as follows:
IV. QUORUM
A. Four members of the Planning Commission constitute a quorum for
transacting business, but a lesser number may adjourn from time to time
and continue the consideration of pending business.
B. A quorum shall be required whenever the commission transacts
business.
V. VOTING
A. Except as otherwise provided in the San Luis Obispo Municipal Code and
state law, no resolution, motion or any other action shall be passed or
become effective without receiving the affirmative vote of at least a
majority of members present.
B. Failure to receive such an affirmative vote shall result in failure or denial,
as appropriate, of the motion, resolution or other action.
C. Except as allowed under the Political Reform Action of 1974, any
member abstaining due to a declared conflict of interest shall not
participate in the discussion of the items or otherwise influence or
attempt to influence in any manner the decision on the item.
D. All members, when present, must vote except when abstaining due to
a declared conflict of interest.
E. Failure or refusal to vote when present -- except for a declared conflict
of interest -- shall be counted as an affirmative vote.
VII. ATTENDANCE
A. Any member of the Planning Commission who fails, for any reason, to
attend three (3) consecutive regular meetings, or a total of six (6) regular
(2 -10-3
Resolution No. (1993 Series)
Page 2
meetings within any 12 month period, shall be automatically considered
by the City Council for replacement. The chairperson of the Planning
Commission shall inform the Council of such a situation, explaining any
special circumstances.
B. Any member of the Planning Commission who fails, for any reason, to
attend three (3) consecutive regular, adjourned regular, or specially-
scheduled (excluding Commission site visits) meetings, or a total of six
(6) such commission meetings within any 12 month period, shall be
reviewed by the Chairperson for possible referral to the City Council.
On motion of , seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted the day of , 1993.
MAYOR PEG PINARD
ATTEST:
CITY CLERK DIANE GLADWELL
APPROVED:
*AO/N EY
LEGISLATIVE DRAFT OF PLANNING COMMISSION BY-LAWS UPDATE
...................................
EfgFit> g indicates new text to be added.
::.:..... .....................
StFikeeut indicates existing text to be deleted.
PLANNING COMMISSION BY-LAWS
I. MEETINGS
A. Regular meetings shall be held at 7:00 p.m. on the second and fourth
Wednesday of each month.
B. No agenda item shall be introduced after 11 :00 p.m. without the consent
of a majority of commissioners present.
C. Regular meetings shall be held in the City Council Chambers, City Hall,
990 Palm Street, San Luis Obispo, California.
D. In the event the Planning Commission desires to hold all or any portion
of a regular meeting at a place other than the City Hall, then the place
of such meeting shall be posted on the bulletin board located at the
entrance to City Council Chambers prior to the time herein designated for
such regular meeting.
II. ELECTION OF OFFICERS
A. Officers of the Planning Commission shall be a Chairperson and a Vice-
Chairperson.
B. Officers shall be filled from appointed members by secret written ballot
of the voting membership.
C. Election of officers shall be held annually at the first regular meeting in
April. Officers shall serve a one year term starting in April.
D. No person shall serve as Chairperson or Vice-Chairperson for more than
two consecutive terms.
111. CONDUCT OF MEETINGS
A. Commissioners should address questions through the Chairperson.
B. Members of the audience should address commissioners or other persons
present through the Chairperson.
C. Procedure for reviewing public hearing items:
After roll call the Chairperson shall announce to the public the
procedures to be followed to consider the public hearing items and then
proceed as follows:
1 . The Chairperson shall introduce the items and ask for oral staff
reports.
2. The staff report precisely submitted to the Planning Commission
shall be placed into the record with all communications received
regarding the proposal. Staff reports shall be submitted for all
public hearing items in a form acceptable to the commission.
3. The applicant shall be invited to make a presentation on behalf of
the request.
4. Members of the public wishing to speak in favor or in opposition
of the application shall be invited to make a presentation.
5. The public hearing shall be closed to the public and discussion
confined to members of the commission; provided that the
commission may reopen the public hearing at anytime prior to a
decision on an item on an affirmative vote of the majority of those
members present.
6. The commission, upon formal motion, shall take action to dispose
of the proposal. The Chairperson shall inform the applicant and
public of the right of appeal and procedures for filing such appeal.
IV. QUORUM
A. Four members of the Planning Commission constitute a quorum for
transacting business, but a lesser number may adjourn from time to time
and continue the consideration of pending business.
G. All FnembeFS, .he pFesent, must ..+i.-except when abstaining due-to
deer, Fed ,,GAfl:,,+ of :..+..Fest. (Move to Section V.)
of st shell be eeunted B aA affi Yet-ez (Move to Section
V.)
EB. A quorum shall be required whenever the commission transacts
business.
V. VOTING
A. Except as otherwise provided in the San Luis Obispo Municipal Code and
state law, no resolution, motion or any other action shall be passed or
become effective without receiving the affirmative vote of at least a
majority of members present.
B. Failure to receive such an affirmative vote shall result in failure or denial,
as appropriate, of the motion, resolution or other action.
C. Except as allowed under the Political Reform Action of 1974, any
member abstaining due to a declared conflict of interest shall not
participate in the discussion of the items or otherwise influence or
attempt to influence in any manner the decision on the item.
e `f[; { Yffiern erFys, he(jlr`y' resen`y6t. �tsC v ate except wE�en ab'stawjng due to
a QeC)aret E.`Or1t(1C''� West:
:..ii:.i::::i::i ....:i::: _.....i�':::`:iC�:'l"��:!:>.::% i:::i':::
failure oFretusaf t+� vdte uvhan present except for a declared;confl�ct
of r�ter0st steal) be counteei as an affimaRy.e vote
VI. PUBLIC RECORDS
Records of all public hearings shall be made available to the public in the office
of the Community Development Department.
VII. ATTENDANCE
A. Any member of the Planning Commission who fails, for any reason, to
attend three (3) consecutive regular, adjewmed FegWlaF,
��Q meetings, or a total of six (6) sue~ eemmissiwi regjli?
meetings within any 12 month period, shall be automatically considered
PtanninbY theCity Council for replacement. ecia pe sotf
g
CO'. lrr cs5i4Et si alt ntorrm the q ,�t+c�f of shah s atic nl explaii In anv
c�ccurnstancas,
B. Any member of the Planning Commission who fails, for any reason to
attend three (3) consecutive regular. adjourned regular, or soecially-
scheduled (excluding Commission site visits) meetings, or a total of six
(6) such commission meetings within any 12 month period, shall be
reviewed by the Chairperson for possible referral to the City Council.
VIII. POLICY
All matters of policy not covered by law may be adopted as a "Resolution of
Policy" and when so adopted shall be considered the official policy of the
Planning Commission subject to ratification of the City Council.
pc_bylaw.doc
1993
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION STAFF REPORT ITEM x
BY: Ronald Whisenand, MEETING DATE: June 30, 1993
Development Review Manago-d
SUBJECT: Planning Commission By-Laws Update
RECOMMENDATION
Approve the draft amendments to the Planning Commission By-Laws and forward them on
to the City Council with a recommendation for approval.
BACKGROUND AND ANALYSIS
The Planning Commission's By-Laws were reviewed by the Commission at your April 14,
1993 meeting. The Commission proposed changes to Section IV on Quorums, Section V
on Voting, and Section VII on Attendance. The proposed changes reflect current
Commission practice and State law. The changes were then directed to staff for drafting
and processing to the City Council.
Prior to the matter being scheduled for Council action, staff discovered a discrepancy in the
proposed attendance language. The Commission proposed language that would allow the
Chairperson to review attendance problems for possible referral to the Council. The City's
Advisory Body Handbook, which "governs" the Commission by ordinance, indicates that the
referral to Council needs to be automatic.
The inconsistencies in the By-Laws were discussed with the Commission at your retreat on
June 23, 1993. At that time, the Commission choose to amend the attendance language
for regular meetings to be consistent with the Advisory Body Handbook but provided
additional attendance restrictions that would apply to "adjourned regular" or "specially
scheduled" meetings. This additional language indicates that if a Commissioner fails for any
reason to attend three consecutive regular, adjourned regular, or specially scheduled
(excluding Commission site visits) meetings, or a total of six such meetings within any 12
month period, the matter will be considered by the Chairperson for possible referral to the
City Council.
Since the proposed language would be meet the Advisory Body Handbook's minimum
attendance standards, the changes are appropriate for Council consideration. The proposed
additional language relating to adjourned regular and specially scheduled meetings would be
more restrictive and is therefore acceptable.
ALTERNATIVES
The Commission can consider any changes to the By-Laws that are not less restrictive than
the City's Advisory Body Handbook unless the Council were to agree to similar language for
all advisory bodies.
ATTACHMENTS
Legislative Draft of Planning Commission By-Laws Update
LEGISLATIVE DRAFT OF PLANNING COMMISSION BY-LAWS UPDATE
............ .... ...........
H%ghl' ha ng indicates new text to be added.
& es indicates existing text to be deleted.
PLANNING COMMISSION BY-LAWS
I. MEETINGS
A. Regular meetings shall be held at 7:00 p.m. on the second and fourth
Wednesday of each month.
B. No agenda item shall be introduced after 11 :00 p.m. without the consent
of a majority of commissioners present.
C. Regular meetings shall be held in the City Council Chambers, City Hall,
990 Palm Street, San Luis Obispo, California.
D. In the event the Planning Commission desires to hold all or any portion
of a regular meeting at a place other than the City Hall, then the place
of such meeting shall be posted on the bulletin board located at the .
entrance to City Council Chambers prior to the time herein designated for
such regular meeting.
II. ELECTION OF OFFICERS
A. Officers of the Planning Commission shall be a Chairperson and a Vice-
Chairperson.
B. Officers shall be filled from appointed members by secret written ballot
of the voting membership.
C. Election of officers shall be held annually at the first regular meeting in
April. Officers shall serve a one year term starting in April.
D. No person shall serve as Chairperson or Vice-Chairperson for more than
two consecutive terms.
III. CONDUCT OF MEETINGS
A. Commissioners should address questions through the Chairperson.
B. Members of the audience should address commissioners or other persons
present through the Chairperson.
Planning Commission By-Laws
June 01 , 1993
Page 2
C. Procedure for reviewing public hearing items:
After roll call the Chairperson shall announce to the public the
procedures to be followed to consider the public hearing items and then
proceed as follows:
1 . The Chairperson shall introduce the items and ask for oral staff
reports.
2. The staff report precisely submitted to the Planning Commission
shall be placed into the record with all communications received
regarding the proposal. Staff reports shall be submitted for all
public hearing items in a form acceptable to the commission.
3. The applicant shall be invited to make a presentation on behalf of
the request.
4. Members of the public wishing to speak in favor or in opposition
of the application shall be invited to make a presentation.
5. The public hearing shall be closed to the public and discussion
confined to members of the commission; provided that the
commission may reopen the public hearing at anytime prior to a
decision on an item on an affirmative vote of the majority of those
members present.
6. The commission, upon formal motion, shall take action to dispose
of the proposal. The Chairperson shall inform the applicant and
public of the right of appeal and procedures for filing such appeal.
IV. QUORUM
A. Four members of the Planning Commission constitute a quorum for
transacting business, but a lesser number may adjourn from time to time
and continue the consideration of pending business.
B. /"1-liVlfTfTTf
deet..",., eei=ifliet of (Move to Section V.)
Planning Commission By-Laws
June 01 , 1993
Page 3
IDFailufe er Fefusel to vete-whenffesent emeept feF a deel8Fed " "Fl"'t
ef *AteFest shall be eeunted as an affi aii (Move to Section
V.)
E-A. A quorum shall be required whenever the commission transacts
business.
V. VOTING
A. Except as otherwise provided in the San Luis Obispo Municipal Code and
state law, no resolution, motion or any other action shall be passed or
become effective without receiving the affirmative vote of at least a
majority of members present.
B. Failure to receive such an affirmative vote shall result in failure or denial,
as appropriate, of the motion, resolution or other action.
C. Except as allowed under the Political Reform Action of 1974, any
member abstaining due to a declared conflict of interest shall not
participate in the discussion of the items or otherwise influence or
attempt to influence in any manner the decision on the item.
�}- : Alf,:i"nernb.ers, when present, must vote except when apstatnEng due'to
a d'e0:1 red eonffrct & ;terest;
E Fa�fure arefusal to vote when present except for a ctectaretl c6 ict
of interest: sF►a'tl be counted'as an a%rrnatjve vote.
VI. PUBLIC RECORDS
Records of all public hearings shall be made available to the public in the office
of the Community Development Department.
VII. ATTENDANCE
A. Any member of the Planning Commission who fails, for any reason, to
attend three (3) consecutive regular,
...... ............
��Q meetings, or a total of six l61 sueh eeFHFRiS5i8A r9 . :::
meetings within any 12 month period, shall be automatically considered
by the City Council for replacement. T[�e chairperson of the Planning
C ia�ia
Planning Commission By-Laws
June 01 , 1993
Page 4
Cotntntss un shaft Irtfortn the Council:of d a sltuatlort,;'expfa rlrng an.V.
... .... ...... ........ ...........
speclat crrcumstances
B. Any member of the Planning Commission who fails, for any reason, to
attend three (3) consecutive regular, adjourned regular, or soecially-
scheduled (excluding Commission site visits) meetings, or a total of six
(6) such commission meetings within any 12 month period, shall be
reviewed by the Chairperson for possible referral to the City Council.
VIII. POLICY
All matters of policy not covered by law may be adopted as a "Resolution of
Policy" and when so adopted shall be .considered the official policy of the
Planning Commission subject to ratification of the City Council.
pc_bylaw.doc
1993