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HomeMy WebLinkAboutRES PC 2017 623 2017 1024 RESOLUTION NO. PC-2017-623 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING REVISED RULES OF PROCEDURE FOR COMMISSION MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES, AND RESCINDING RESOLUTION NO. PC-2008-529 WHEREAS, Section 2.04.040 of the Moorpark Municipal Code requires that the City Council adopt Rules of Procedure to govern the conduct of its meetings and any of its other functions and activities; and WHEREAS, the City Council has adopted said Rules of Procedure and has directed the Planning Commission to adopt Rules of Procedure that are consistent with those as adopted by the City Council; and WHEREAS, California Government Code Section 54954.3(b)(2) has been amended to require that the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non- English speakers receive the same opportunity to directly address the legislative body of a local agency; and WHEREAS, Sections 2.8, 2.11, and 2.12, of the Planning Commission Rules of Procedure for Planning Commission Meetings and Related Functions and Activities are proposed to be revised to comply with California Government Code Section 54954.3(b)(2) as described in an agenda report for the October 24, 2017, regular Planning Commission meeting. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Revised Rules of Procedure for Planning Commission Meetings and Related Functions and Activities are hereby adopted, to read as follows: 1. GENERAL PROVISIONS 1.1 Purpose: The purpose and intent of the Commission in adopting the rules within shall be to provide directory guidelines relating to the conduct of the public business by the Commission. In the event of any non-compliance with, or violation of, any provision herein, such shall not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. Resolution No. PC-2017-623 Page 2 1.2 Procedures in Absence of Rules: In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. 2. ORDER OF BUSINESS 2.1 Agenda: The Order of Business of each meeting shall be as contained in the Agenda prepared by the Records Secretary. The Agenda shall be a listing by topic of the items of business which shall be transacted or discussed in the following order: 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Proclamations and Commendations 5. Public Comments 6. Reordering of, and Additions to, the Agenda (Items to be pulled from the Consent Calendar shall be identified under this section.) 7. Announcements, Future Agenda Items and Reports on Meetings/Conferences Attended by the Commission 8. Public Hearings 9. Presentations/Action/Discussion 10. Consent Calendar 11. Adjournment 2.2 Priority Notation on Agenda: Presentations/Action/Discussion items, which are judged by the Community Development Director to be of high priority, shall be indicated by an asterisk. Resolution No. PC-2017-623 Page 3 2.3 Special Meeting Agenda Format: The order of business of special meeting agendas shall generally be consistent with the order of business of regular meeting agendas, although not all regular items of business must be included. Public Comments shall be included on all special meeting agendas. 2.4 Delivery of Agenda Packet: Barring insurmountable difficulties, the Agenda for regular meetings shall be delivered ordinarily to Commissioners on or before each Thursday preceding the meeting to which it pertains. The Agenda shall also be available to the general public after it is posted. Agenda reports will be available to the general public after distribution to the Commission. 2.5 Call to Order: The meeting of the Commission shall be called to order by the Chair or, in his/her absence, by the Vice-Chair who shall serve until the arrival of the Chair. In the absence of both the Chair and the Vice-Chair, the meeting shall be called to order by the Records Secretary. The Records Secretary shall immediately call for the selection of a temporary Presiding Officer who shall serve until the arrival of the Chair or Vice-Chair or until adjournment. 2.6 Roll Call/Quorum: Before proceeding with the business of the Commission, the Records Secretary shall call the roll of the Commission and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Chair called last. Unless otherwise provided for by law, a majority of the Commission shall constitute a quorum sufficient to do business. 2.7 Proclamations and Commendations Proclamations and Commendations shall be limited to regular Commission meetings. 2.8 Public Comments: Any member of the public may address the Commission on any item within the subject matter jurisdiction of the Commission which is not listed on the Agenda as a Public Hearing or Presentations/Action/Discussion item. Speakers will be heard in the order that their speaker cards are received by the Records Secretary. All speaker cards for Public Resolution No. PC-2017-623 Page 4 Comments must be received prior to the Chair's call for speaker cards for the Public Comments agenda item. A limitation of 3 minutes shall be imposed upon each speaker. This limitation will be extended to six (6) minutes for a speaker who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the Commission. Speaker cards must be presented in person by the person wishing to speak. The passing of time from one speaker to another or speaking in place of another speaker is not allowed. No speaker will be allowed to speak after all speaker cards are called. By majority vote of the Commission present and voting, the number of speakers and time permitted for comments may be limited at any single meeting. The speaker shall be governed by the rules of Sections 6.1, 6.2 and 6.3. Commissioners shall reserve their comments and responses until the end of the Public Comments period. Speakers may be heard at greater length at the end of the agenda by majority vote of the Commissioners present and voting. The Records Secretary shall hold over to the next adjourned regular or regular meeting, timely submitted speaker cards of speakers who were not heard during the public comments period, and those speakers shall be given priority in the order that their speaker cards were originally received during the Public Comments period of the next meeting. Speakers at a regular meeting shall not be allowed to address the same subject at an adjourned meeting of the regular meeting at which they spoke, except by a four-fifth's majority vote of the Commission. 2.9 Reordering of, and Additions to, the Agenda: Except with majority consent of the Commissioners present and voting, items may not be taken out of order. At this time, Commissioners, the Community Development Director, Planning Manager or Records Secretary may request that any item on the Consent Calendar be withdrawn for separate consideration. Items withdrawn from the Consent Calendar shall be considered immediately after action on the balance of the Consent Calendar in agenda item order. Any Commissioner, the Community Development Director, the Planning Manager or the Records Secretary may bring to the attention of the Commission new items of business for discussion and action in the event of an emergency situation or when the need to take immediate action comes to the attention of the City subsequent to the posting of the agenda, as specified in Government Code Section 54954.2. A two-thirds vote of the Commission, or, if less than two-thirds are present, a unanimous vote of those who are present, is required to add an item to the agenda. Resolution No. PC-2017-623 Page 5 In addition to having the opportunity to reorder the agenda as order of business number 6, the Chair shall suspend the item under discussion at 10:30 p.m. in order that the agenda may be reordered by majority vote of the Commissioners present and voting. The Records Secretary will notify the Chair that the time for reordering the agenda has arrived. 2.10 Announcements, Future Agenda Items, and Reports on Meetings/Conferences Attended by Commissioners and Chair: At this time, Commissioners and the Chair may make an announcement, request to have an item placed on a future agenda, and provide a brief report on meetings attended at City expense in compliance with Section 53232.3(d) of the Government Code. 2.11 Public Hearings: Items shall be placed under this topic if(i) a public hearing is required by law; (ii) the item is the consideration of an application or an appeal; or (iii) the item has been set for public hearing by the Commission. Any member of the Commission who has an ex parte communication with an applicant, property owner, developer, or other person directly affiliated with a public meeting required for a permit, license, entitlement or appeal, outside of the public record of public meeting process, shall disclose the information learned in this communication during the Planning Commission discussion during the open public meeting. Public Hearings shall be conducted in the following order: Staff Report Questions of Staff by Commission Hearing Opened by Chair Testimony by Applicant Other Public Testimony Rebuttal by Applicant Questions by Commission Hearing Closed by Chair Discussion by Commission Resolution No. PC-2017-623 Page 6 Action by Commission Any public hearing, which is continued from one meeting to another shall be placed first on the Agenda under Public Hearings, and if more than one, shall appear in the same order as shown on the previous Agenda. The order of the Agenda under Public Hearings may not be changed, except with the unanimous consent of the Commissioners present. Questions or comments from the public shall be limited to the item under consideration and the speaker shall be governed by the provisions of Sections 6.1 and 6.2. A limitation of five (5) minutes shall be imposed upon each speaker at the initial public hearing. This limitation will be extended to ten (10) minutes for a speaker who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the Commission. Depending upon the extent of the Agenda and the number of persons desiring to speak of an item, the Chair may, at the beginning of a continued public hearing, limit testimony, but in no event to less than 3 minutes per individual. This limitation will be extended to six (6) minutes for a speaker who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the Commission. All speaker cards for a public hearing must be presented to the Records Secretary by the person wishing to speak prior to the opening of the public hearing by the Chair or beginning of public testimony at a continued open public hearing. The passing of time from one speaker to another or speaking in place of another speaker is not allowed. An applicant's initial presentation shall be limited to twenty (20) minutes, with consultant participation. Subsequent presentations by an applicant shall be limited to ten (10) minutes. Written statement cards may be submitted in lieu of addressing the Planning Commission. The number of cards received in favor of, or in opposition to, a public hearing item under consideration shall be verbally reported to the Commission by the Records Secretary along with a brief summary of specific concerns/comments listed on each card. The verbal report shall be given following the last public speaker for the public hearing and prior to the rebuttal by the applicant. The total number of written statement cards received in favor of or in opposition to an item shall be recorded in the minutes of the meeting and the written statement cards will become a part of the official record. 2.12 Presentations/Action/Discussion Items: Items that involve the consideration of City policy and items of a non-routine nature shall be placed under this topic. Resolution No. PC-2017-623 Page 7 Presentations to the Commission by other public agencies or groups and appointments will be listed first under the Presentations/Action/Discussion heading. Continued Presentations/Action/Discussion items will appear in the order they previously appeared, following presentations and appointments. Discussion/Action items shall be conducted in the following order: Staff Report Questions of Staff by Commission Testimony by Applicant Public Comment Discussion by Commission Action by Commission Questions or comments from the public shall be limited to the item under consideration and the speaker shall be governed by the provisions of Sections 6.1 and 6.2. Speakers will be heard in the order that their speaker cards are received by the Records Secretary for the item during which the speaker wishes to address the Commission. However, a proponent/applicant may be heard first during the public comment for a Presentations/Action/Discussion item, if so determined by the Chair, but no rebuttal by the proponent/applicant shall be allowed. All speaker cards for each agenda item must be received prior to the Chair's announcement of the public comment for each Presentations/Action/Discussion item and call for speaker cards. A limitation of three (3) minutes shall be imposed upon each speaker. This limitation will be extended to six (6) minutes for a speaker who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the Commission. Speaker cards must be presented to the Records Secretary by the person wishing to speak. The passing of time from one speaker to another or speaking in place of another speaker is not allowed. Written statement cards may be submitted in lieu of addressing the Commission. The number of cards received in favor of or in opposition to an item being considered will be verbally reported to the Commission by the Records Secretary following the last public speaker for an item. The total number of written statement cards received in favor of or in opposition to an item will be recorded in the minutes of the meeting, and the written statement cards will become a part of the official record. Any member of the Commission who has an ex parte communication with an applicant, property owner, developer, or other person directly affiliated with a public meeting required for a permit, license, entitlement or appeal, outside of the public record of Resolution No. PC-2017-623 Page 8 public meeting process, shall disclose the information learned in this communication during the Planning Commission discussion at the public meeting for the agenda item. 2.13 Consent Calendar: Minutes of previous Planning Commission meetings, items of a routine nature and items recommended to be received and filed shall be placed on the Consent Calendar. All items may be approved by one blanket motion by unanimous vote of those present and voting. Prior to a motion on the Consent Calendar, any Commissioner may request that any item be withdrawn from the Consent Calendar for individual consideration. Items withdrawn from the Consent Calendar shall be considered immediately after action on the Consent Calendar in the order that they were withdrawn, including any items requested to be withdrawn under Section 2.9 (Reordering of, and Additions to, the Agenda). Unless an agenda item is pulled from the Consent Calendar, and the Planning Commission votes to defer public comments until the Consent Calendar portion of the Agenda, all other public comments on Consent Calendar items shall occur during the Public Comments portion of the agenda. 2.14 Adjournment: It is the policy of the Planning Commission that upon reaching 12:00 midnight, the Planning Commission will not address any new agenda items. Should the Planning Commission decide to continue to address an in-progress non-closed session agenda item past 12:00 midnight, the following motion is in order: Move that the Planning Commission meeting tonight may extend beyond the 12:00 midnight deadline to conclude the item in progress. 3. PRESIDING OFFICER 3.1 Selection and Term: The Chair shall be the Presiding Officer at all meetings of the Commission, except as otherwise provided in Section 2.6 (Call to Order). At its first regular meeting of the year, the Commission shall elect a Chair and Vice-Chair from among the appointed members, to serve for that year. Each selection shall be by three (3) or more affirmative votes, and a failure to achieve such total of affirmative votes shall be deemed a selection of the incumbent to remain in office. Each person so selected shall serve until the end of the year or until a successor is chosen (at any time) by three (3) or more affirmative votes, whichever first occurs. Resolution No. PC-2017-623 Page 9 If a vacancy in the position of Chair occurs for any reason except for removal of the Chair pursuant to this Section, the Vice-Chair shall assume the position of Chair until a successor is chosen. 3.2 Participation of Presiding Officer: The Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all Commissioners. He/she shall be accorded all of the rights and privileges of a Commissioner. 3.3 Maintenance of Order: The Presiding Officer is responsible for the maintenance of order and decorum at all times. The head of the City's police agency or his/her designee shall be ex-officio sergeant-at-arms of the Commission. He/she shall carry out all orders and instructions given him/her by the Presiding Officer for the purpose of maintaining order and decorum at the Commission meeting. 3.4 Rulings Final Unless Overruled: The Presiding Officer shall decide all questions of interpretation of these rules, points of order, maintenance of order or other questions of procedure requiring rulings. Any such decision shall be final and binding and (even if clearly erroneous) for purposes of the item under consideration, unless overridden by a majority vote of the Commissioners present and voting. Any Commissioner may seek to have the Presiding Officer's decision overridden by moving the question "Shall the decision of the Presiding Officer be sustained?" 4. CONDUCT OF COMMISSIONERS 4.1 Decorum and Order: (a) Any Commissioner desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine himself/herself to the item under debate. (b) A Commissioner desiring to question the staff shall address his/her question to the Director of Community Development, as appropriate, who shall be entitled either to answer the inquiry or to designate some member of his/her staff for that purpose. (c) A Commissioner, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, a point of order is raised by another Commissioner pursuant to Section 3.4 or the speaker chooses to yield to questions from another Commissioner. Resolution No. PC-2017-623 Page 10 (d) Any Commissioner called to order while he/she is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order he/she shall be permitted to proceed. If ruled out of order he/she shall remain silent or shall alter his/her remarks so as to comply with the rules. (e) Commissioners shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Commission. They shall refrain at all times from rude and derogatory remarks, abusive comments and statements as to integrity, motives or personalities. (f) The right of a Commissioner to address the Commission on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are assailed, questioned or impugned. (g) Any Commissioner may move to require the Presiding Officer to enforce the rules. The affirmative vote of a majority of the Commission present and voting shall require him/her to so act. 4.2 Limitation of Debate: A Commissioner should not speak more than once upon any one item until every other member choosing to speak thereon has spoken. No member shall speak for a longer time than 5 minutes each time he/she has the floor, without the approval of a majority vote of the Commission present and voting. 4.3 Dissents and Protests: Any Commissioner shall have the right to express dissent from, or protest to, any action of the Commission and to have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons. . . ." 4.4 Conflict of Interest: Section 87105 of the Government Code describes the procedure to be followed if an official has a conflict of interest on a matter and cannot participate in a decision. Section 87105 shall apply to the Planning Commission. The official must publicly identify the financial interest (not including the address of a personal residence), recuse himself or herself from voting, and leave the room until after the discussion, vote and other disposition of the matter is concluded. If the matter is on the consent calendar, the official need not leave the room, but must still make the required disclosure on the record and abstain from voting. The official also may speak on the issue as a member of the general public, during the public comment period on that matter, solely to represent himself or Resolution No. PC-2017-623 Page 11 herself on a matter related to his or her personal interest. Section 87105 of the Government Code, any statutes amendatory or supplementary thereto, and any applicable regulations of the California Fair Political Practices Commission are hereby incorporated by reference. 5. CONDUCT OF EMPLOYEES 5.1 Decorum and Order: (a) Members of the staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Commission. (b) The City Manager or assigned Department Head shall insure that all staff members and employees observe such decorum. (c) Any staff member or employee, including the City Manager, desiring to address the Commission or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Commissioner or member of the public. 6. CONDUCT OF THE PUBLIC 6.1 Decorum and Order: (a) Members of the public attending Commission meetings shall observe the same rules of order and decorum applicable to the Commission pursuant to Section 4.1. (b) Willful conduct that is disruptive, including but not limited to, unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall be prohibited by the Presiding Officer. Any person who becomes willfully disruptive while addressing the Commission or while attending the Commission meeting shall be removed from the room if the sergeant-at-arms is so directed by the Presiding Officer. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. 6.2 Manner of Addressing the Commission: No person shall address the Commission without being recognized by the Presiding Officer. After being recognized by the Presiding Officer, any member of the public desiring to address the Commission shall proceed to the podium. The speaker shall state his/her name for the record. All remarks and questions shall be addressed to the Presiding Officer and not to any individual Commissioner, staff member or other person. Resolution No. PC-2017-623 Page 12 6.3 Limitations on Addressing the Commission: The making of oral communications to the Commission by any member of the public during the "Public Comments" portion of the Agenda shall be subject to the following limitations: (a) No speaker shall be permitted to address the Commission on a public hearing item which is not on the Agenda but which has been scheduled or is under submission for a public hearing before the Planning Commission. (b) No speaker shall be permitted to address the Commission on an item which is currently before or is under submission for consideration by a Commission, board, committee or officer before which the speaker should make his/her presentation, until that body has completed its deliberations and taken its final action. In case the speaker should have followed an otherwise available appeal procedure, the Presiding Officer shall not allow oral communication to the Commission outside that procedure. (c) A speaker that verbally complains about an employee of the City, or any employee of a private firm or public agency providing a contract service to the City, will be directed to contact the City's Human Resources/Risk Management Division for assistance in documenting and resolving their complaint.. (d) If it appears that several speakers desire to speak regarding any item on the Agenda, the Presiding Officer may reasonably limit the number of speakers on each side of the issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson. 6.4 Video, Audiotape, PowerPoint, Slide or Similar Presentation. Video, audiotape, PowerPoint, slide or similar presentation will be disallowed unless relative to an item on the agenda, and the Records Secretary has been provided with no less than 24-hours notice of the video, audiotape, PowerPoint, slide or similar presentation, and has determined the City has the appropriate equipment to view and broadcast the presentation. The video, audiotape, PowerPoint, slide or similar presentation must be made by the person or agency making the presentation. The Commission may limit the total amount of time allocated for presentations or particular issues and for each speaker. The same limitations that govern speakers under Sections 2.8, 2.11 and 2.12 shall apply. Presentations shall be limited to the subject matter jurisdiction of the Commission. Those items not germane to the agenda will be disallowed. Resolution No. PC-2017-623 Page 13 7. MOTIONS 7.1 Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer or, at the request of the Presiding Officer, by the Records Secretary before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 7.2 Division of Motion: If the motion contains two or more divisible propositions, the Presiding Officer may, and upon request of any Commissioner shall, divide the same, unless a majority of the Commissioners present and voting, votes not to do so. 7.3 Precedence of Motions: When a motion is before the Commission, no motion shall be entertained except the following, which shall have precedence in the following order. The ordinary motions rank as follows, and any of them (except to amend) can be made while one of a lower order is pending, but none can supersede one of a higher order. Motions to limit discussion, to call the question and to suspend the rules require a two-thirds vote; all other motions require only a majority vote: Not Debatable: To Fix the Time of Adjournment ) To Adjourn (when unqualified) ) Cannot To Table ) be To Limit Discussion (2/3 vote) ) Amended To Call the Question (2/3 vote) ) To Suspend the Rules (2/3 vote) ) Debatable: To Postpone to a Certain Time ) To Commit or Refer to Committee ) Can be To Amend ) Amended To Postpone Indefinitely ) Resolution No. PC-2017-623 Page 14 The Motion to Reconsider: the motion can be made when any other motion is before the Commission, but cannot be acted upon until the business then before the Commission is disposed of; when called up, it takes precedence over all other motions, except to adjourn, and to fix the time to which to adjourn. Motions incidental to those before the Commission take precedence over them and shall be acted upon first. 7.4 Motion to Fix Hour of Adjournment: Such a motion shall be to set a definite time at which to adjourn and may be amended by unanimous vote. 7.5 Motion to Adjourn: Such a motion shall be in order at any time, except as follows: (a) When repeated without intervening business or discussion; (b) When made as an interruption of another Commissioner while speaking; (c) When discussion has been ended and vote on the motion is pending; or (d) While a vote is being taken. A motion to adjourn "to another time" shall be debatable, but only as to the time to which the meeting is adjourned. 7.6 Motion to Table: Such a motion shall be used to temporarily bypass the subject and shall preclude all amendments or debate of the subject under consideration. If the motion prevails, the item may be "taken from the table" at any time prior to the end of the next regular meeting. 7.7 Motion to Limit Discussion: Such a motion shall be used to limit the time allowed each Commissioner to speak to, or to appoint a time at which discussion shall close on, the question of the main motion and any previously made amendment to the main motion. If a motion to limit the time allowed each member to speak passes, no member shall thereafter speak more than two times to the question or longer than the time allowed at either time and no member shall speak the second time until every member choosing to speak has spoken. Resolution No. PC-2017-623 Page 15 7.8 Motion to Call the Question: Such a motion shall be used to close debate on, and further amendment to, the main motion. If the motion fails, debate shall be reopened; if the motion passes, a vote shall next be taken on any previously made amendments to the main motion and finally on the main motion. 7.9 Motion to Suspend the Rules: Such a motion shall be used to suspend these rules of procedure and shall include a statement of the purpose of the suspension. If the motion fails, the motion shall not be renewed for the same purpose at the same meeting, but it may be renewed for the same purpose at an adjourned meeting of that meeting. 7.10 Motion to Postpone to a Certain Time: Such a motion shall be amendable and debatable only as to propriety of postponement and time set. 7.11 Motion to Amend: Such a motion shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. 7.12 Motion for Reconsideration: Any Commissioner who voted with the majority may move a reconsideration of any vote at the same meeting or request an agenda item on at the next regular meeting or request a special meeting called to be held prior to the next regular meeting to consider reconsideration of any vote. The agenda item shall appear on Presentation/Action/Discussion as a two-part item, e.g.: Consider Reconsideration of Reconsideration of vote on After a motion for reconsideration has once been acted upon, no other motion for a reconsideration thereof shall be made without unanimous consent of the Commission Resolution No. PC-2017-623 Page 16 8. VOTING 8.1 Restatement of the Motion: Upon the request of any Commissioner, the Presiding Officer shall verbally restate each motion immediately prior to calling for the vote. 8.2 Voting Procedure: In acting upon every motion, the vote shall be taken by voice, roll call or any other method by which the vote of each Commissioner present can be clearly ascertained. The vote on each motion shall then be entered in full upon the record. The order of voting shall be the maker of the motion, the second and then the remaining Commissioners alphabetically, with the Chair called last. The Records Secretary shall call the names of all members seated when a roll call vote is ordered. Members shall respond 'aye', 'no' or 'abstain', provided that when a vote is collectively taken by voice or when a method of voting other than by voice or roll call is used, any Commissioner not audibly and clearly responding 'no' or 'abstain' or otherwise registering an objection shall have his/her vote recorded as 'aye'. Following the vote, the Presiding Officer shall verbally announce whether the motion carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Any member may change his/her vote before the next item of business is called. 8.3 Voting: A roll call vote shall not be used for any item before the Commission unless demanded by any Commissioner. It shall not be in order for members to explain their vote during roll call. 8.4 Failure to Vote: Every Commissioner should vote unless disqualified for cause. A Commissioner who abstains from voting on an item because of being disqualified shall be considered as if absent. 8.5 Tie Votes: A tie vote is considered a defeat of the motion. Resolution No. PC-2017-623 Page 17 8.6 Required Minimum Votes on a Resolution: A motion by the Commission to adopt a resolution requires a minimum of three (3) affirmative votes to be carried. 9. RESOLUTIONS 9.1 Definition: Routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by "resolution," "minute order" or "motion" (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they just vary in the formality of respective memorialization. The most formal is referred to as a "resolution," which will be recorded by a separate document, numbered in sequence and preserved in a separate set of books, in addition to being referenced in the minutes. Such "resolutions" are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency or future reference back to its contents warrants a separate document. The "motion" or "minute order" is a Commission action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. The Records Secretary is empowered by State law to furnish certified excerpts of the minutes in order to facilitate the administrative process to which a particular action pertains. 9.2 When Prepared in Advance: When a resolution has been prepared in advance, it need not be read in full or by title, except to identify it. A majority vote of the Commission present and voting will require that the resolution be read in full. 9.3 When Not Prepared in Advance: When a resolution has not been prepared in advance, the Commission, by majority vote of the members present and voting, shall instruct the Community Development Director to prepare it for presentation at a specified later time in the same meeting or at a future Commission meeting. 9.4 Urgency Resolutions: A resolution may be presented verbally in motion form, together with instructions for written preparation for later execution, in an emergency situation or when the need to take immediate action came to the attention of the City subsequent to the posting of the agenda, as specified in Government Code Section 54954.2. A two-thirds vote of the Commission, or, if less than two-thirds are present, a unanimous vote of those who are Resolution No. PC-2017-623 Page 18 present, is required to add a resolution to the agenda. Such resolutions shall not be presented when resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. 10. WRITTEN COMMUNICATIONS 10.1 Addressed to Commission as a Whole: The Community Development Director or his/her designee is authorized to receive and open all written communications, including e-mails, addressed to the Commission as a whole and give it immediate attention to the end that all administrative business referred to in said communications, and not necessarily requiring Commission action, may be disposed of between Commission meetings. The Community Development Director or his/her designee shall cause a copy of such communication to be sent to each Commissioner. 10.2 All Other Written Communications: Any written communication, including e-mails, received at City Hall addressed to the Chair and/or an individual Commissioner shall be opened by the Community Development Director or his/her designee. A copy of such communication shall be provided to each of the other Commissioners, unless such communication is personal and/or confidential and not related to the business of the City. Any Commissioner who receives any written communication, including e-mails, on any subject related to the business of the City, whether or not received at City Hall, shall cause a copy to be provided to the Records Secretary who shall cause a copy of such communication to be sent to each of the other members. All outgoing Planning Commissioner correspondence will be copied to the Commission reading file unless the Commission is listed as receiving a copy, in which case each Commissioner will be provided an individual copy. Any Commissioner who generates any written communication related to the business of the City, other than at City Hall, shall cause a copy to be provided to the Community Development Director for distribution. Letters produced by City staff for Planning Commissioners will be created on official City letterhead, only. 10.3 Agenda Item Communications: Any such communication which relates to an item pending or to be brought before the Commission and has been received prior to agenda distribution, shall be included in the agenda packet for the meeting at which such item is to be considered and shall become part of the public record for that item. If a Commissioner generates an agenda item, the Commissioner will prepare a brief, written explanation including Resolution No. PC-2017-623 Page 19 action/recommendation to the full Commission or provide direction to the Community Development Director for preparation of agenda report. All agenda staff reports will be provided to the full Commission with the distribution of the agenda. Agenda item communications (including e-mails) received from the public after agenda distribution will be forwarded to the Commission by the Records Secretary by e-mail or regular mail delivery up until the close of the business day prior to the Planning Commission meeting. The Planning Commission will be informed during the staff presentation at the Commission meeting of agenda item communications received from the public, including a project applicant, on the day of the meeting. Regardless of the source, it will take a four- fifth's majority vote (four affirmative votes) of the Commission to accept additional agenda material on the day of the Commission meeting at which the item is to be considered. All materials distributed by any person during a public meeting related to the subject matter being discussed or considered will be made available for public inspection at the meeting if prepared by City staff or a member of the Commission, or after the meeting, if the materials were prepared by some other person in accordance with Section 54957.5(b) of the Brown Act. To avoid a Ralph M. Brown Act violation, Planning Commissioners should not read or send e-mail or cellular telephone text messages during a Commission meeting. Written communication for a non-public hearing agenda item presented at the meeting for reading will be acknowledged by the Community Development Director, but not read. The Community Development Director will note general content, and whether the content of the communication is in opposition or support of an agenda item Written communication relative to a public hearing item, if presented prior to the close of the business day prior to the Commission meeting, will be copies for the Commission, applicant, and the public agenda binder. The public shall tender a written request to the Community Development Director and/or the Chair regarding the placement on the agenda of any items. The Community Development Director and Chair will then discuss and determine the appropriateness of the requested item being placed on a future agenda. Letters of appeal from administrative or commission decisions shall be processed under the applicable provisions of the Municipal Code or other ordinance. Resolution No. PC-2017-623 Page 20 A Planning Commissioner or Commissioners may be requested to meet, outside of the public hearing process, with an applicant, the applicant representative(s), proponents and opponents to a development application to discuss aspects of the development. While meeting with these representatives is at the discretion of the individual Commissioner, disclosure of the meeting(s), and the effects upon the Commissioner's review of the application is required prior to the opening of the hearing on the development application. The Commissioner shall disclose the nature of the contact and what effect, if any, it had on he/she in the review of the development application. 10.4 Research: Any research requested by an individual Planning Commissioner that results in a written response from staff will be copied to all Planning Commissioners. This is not meant to include copies of documents on file. 10.5 Attendance at City Council Meetings: The Planning Commission recognizes that there are circumstances where the City Council could benefit from the attendance of a Planning Commissioner at City Council meetings. When those circumstances arise, the Planning Commission will offer a spokesperson to attend the City Council meetings. The Planning Commission also recognizes that the City Council, or one of its members, may at any time request the presence of one or more Commissioners to attend one of its meetings. When such a request is made, the Planning Commission will respond. 11. COMMITTEES 11.1 Committees: Committees may be appointed by the Chair, as needed, with the approval of the majority of the members of the Commission. 12. COMMISSION MEETINGS 12.1 Meeting Time and Schedule: The regular meetings of the Planning Commission shall begin at the hour of 7:00 p.m. on the fourth Tuesday of each month or as determined by the Commission at its first regular meeting of each year, such determination to include the dates, time and place of such meetings as set forth in Chapter 2.36 of the Municipal Code. Should the need arise during the year, the Commission may, by a majority vote, revise the regular meeting schedule, including dates, time and place of such meetings. Resolution No. PC-2017-623 Page 21 13. MINUTES: 13.1 Action Minutes: The Records Secretary shall be responsible for preparing action minutes to record all the actions of the Planning Commission (motions, votes, and consensus decisions) at regular and special meetings, consistent with Municipal Section 2.16.030, and shall schedule the completed minutes on the Consent Calendar consistent with Section 2.13 of this resolution. Planning Commission meeting action minutes shall include documentation for each agenda item, including but not limited to the following: Date, hour, and place of meeting; Identification of regular, adjourned regular or special meeting (and special meeting notice language); Names of Planning Commissioners and staff in attendance; Planning Commission announcements, requested future agenda items, and reports on meetings/conferences attended by Planning Commissioners; Agenda titles, staff recommendations and record of action taken (motions, votes, and consensus decisions); Name(s) of staff providing the verbal staff report and documentation of verbal and written corrections to the agenda report; Public hearing compliance documentation; Public speaker names, identification of support or opposition, and/or other brief summary of comments as determined necessary by the Community Development Director; Written statement card documentation, consistent with Sections 2.11 and 2.12 of this resolution; Adjournment time; and Community Development Director and Chair signatures. SECTION 2. Resolution No. PC-2008-529 is hereby rescinded in its entirety. SECTION 3. EFFECTIVE DATE: This Resolution shall become effective upon adoption. Resolution No. PC-2017-623 Page 22 SECTION 4. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Di Cecco, Haverstock, Vice Chair Hamous, and Chair Landis NOES: None ABSTAIN: None ABSENT: None PASSED, AND ADOPTED this 24th day of October, 2017. Kipp Landis, - f,./7)/// y David A Bobardt, Community Development Director