Regular Meeting
07/15/24 06:00 PM
City Manager Department
Maribel Hernandez
Ordinance
Doc ID: 5707
COUNCIL ORDINANCE
AGENDA MATTER:
FIRST READING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF BARSTOW AMENDING CHAPTER 2.24 REGARDING THE PLANNING COMMISSION; AND ADOPT RESOLUTION NO. ____-2024, AMENDING PREVIOUSLY ESTABLISHED RULES FOR THE
CONDUCT OF PLANNING COMMISSION MEETINGS, PROCEEDINGS AND BUSINESS AND REPEALING PLANNING COMMISSION RESOLUTION 467
EXECUTIVE SUMMARY:
The City Council asked the Rules and Policy Committee to review the ordinance and resolution regulating the absences of Planning Commissioners. After receiving feedback from the public, the City Clerk, the City Attorney’s Office and the Chair of the Planning Commission, the Rules and Policy Committee recommends several changes to the ordinance and resolution regulating the conduct of Planning Commissioners and Planning Commission meetings. The proposed changes are intended to improve the Planning Commission’s meeting procedures and operations, while promoting and ensuring robust public comment and greater transparency of its deliberations and actions.
DISCUSSION:
On December 18, 2023, the City Council requested the Rules and Policy Committee (Committee) to propose an attendance policy for the Planning Commission (Commission). The Rules and Policy Committee meet several times regarding the regulations of the Commission, and has received input from the public, the City Clerk, the City Attorney’s Office and the Commission Chair about the Commission’s policies. Enclosed are Committee’s recommended changes to the Planning Commission’s ordinance and resolution, which take into account such feedback.
The proposed changes clarify the appointments process, resolve present inconsistencies between the ordinance and the resolution, add reference to key Brown Act provisions, and seek to improve the Commission’s meeting procedures while ensuring robust public comment and Commission participation.
The major changes to the Rules of the Planning Commission for review by the City Council, enclosed as Attachment 1, include:
Priority to Commissioners Who Have Not Spoken. Require the Chairperson to give priority to members who have not spoken on an item yet, or spoke less than other members. This policy ensures all viewpoints have an opportunity to be heard and to prevent one or more commissioners dominating the discussion.
Time Limit Per Commissioner on Discussion. Allow Commissioners to speak on a debatable motion for no more than six (6) minutes at a time, with the ability to request to speak for an unlimited number of times.
This policy would prevent grandstanding by a Commissioner.
Ex Parte Disclosure. Prohibit undisclosed ex parte communications and impose a time on the agenda for commissioners to disclose ex parte communications for quasi-judicial matters. An ex parte communication is a written or oral communication between a Commissioner and an interested person concerning any issue in a formal proceeding in which a person has a due process right to a neutral decision-maker, other than procedural matters that does not occur in a public forum or on the record of Regular Meeting
07/15/24 06:00 PM
City Manager Department
Maribel Hernandez
Ordinance
Doc ID: 5707
COUNCIL ORDINANCE
the proceeding, such as during a hearing at a Commission meeting.
Examples of quasi-judicial, due process matters are a land use permit application or an appeal of a staff permit decision. Interested persons can include parties to a hearing, and members of the public interested in the outcome of a Commission decision. Due process requires all evidence to be presented at on the record of the hearing so the parties have an opportunity to respond to the evidence. An ex parte disclosure policy for Commissioners protect a party’s right to a fair hearing and to prevent, to the extent possible, Commissioners receiving evidence about a hearing outside of the public meeting.
Ex parte communications rules do not apply to legislative matters in which there are no due process rights at stake. Examples are a hearing on a new zoning ordinance applicable to the whole City or a policy discussion about the Housing Element.
This section includes an option for discipline for Commissioners that fail to disclose ex part communications required by the section by receipt of a warning letter, censure by the Commission, and removal in accordance with Barstow Municipal Code § 2.24.040.
No discussion of items not on the agenda. In accordance with Government Code § 54954.2, subdivision (a)(3), no action or discussion can be undertaken on any item not appearing on the posted agenda, except that Commissioners or staff may briefly respond to statements made or questions posed by persons exercising their right to provide public comment. This rule is to avoid Commissioners improperly discussing matters not on the agenda.
Remove references to “Secretary”. The City Clerk or their designee staffs the Planning Commission meeting, so a Commission secretary is not needed. In the event the City Clerk or their designee is unable to staff meetings, a Commission secretary will be appointed by the City Manager or their designee.
Move Commission meeting times to 6pm. Since Commissioners are volunteers often times with full-time jobs, the revised time is to avoid meetings running late into the evening.
Cancellations of Commission meetings. Cancellations of Commission meetings must be approved by the City Manager or their designee. Where feasible, notice of any cancellation of a Commission meeting shall be posted at least within timeframes required by the Brown Act to post the agenda. For example, where the City Manager or designee, or the Chairperson, know in advance of the next regular Commission meeting that a majority of members have confirmed their unavailability to attend a meeting, notice of the cancellation shall be publicly posted at least 72 hours in advance of the Commission meeting. If advanced notice is not possible, then notice of the cancellation must be publicly posted.
Updates to align with Rosenberg’s Rules of Order. The Commission uses Rosenberg’s Rules of Order.
The resolution has been updated to reflect Rosenberg’s Rules of Order and motions have been updated to align with said rules.
Absences must be approved by the City Manager. Absences must be approved by the City Manager or their designee.
Council Approval Required to Amend Planning Commission Rules. Previously, the Commission could amend its own rules. If the resolution and ordinance is adopted by the Council, only the City Council can amend the Commission’s rules. The Commission may request the City Council changes their rules.
Regular Meeting
07/15/24 06:00 PM
City Manager Department
Maribel Hernandez
Ordinance
Doc ID: 5707
COUNCIL ORDINANCE
The major changes to the Barstow Municipal Code Chapter 2.24 (Planning Commission) for review by the City Council, include:
Section 2.24.020 - Term. Commissioners can serve until their successors are appointed and qualified.
Commissioners may apply to be reappointed at their end of their term. Requiring Commissioners to apply for reappointment ensures all community members have an equal opportunity to participate in the process to fill a vacancy.
Section 2.24.035 - Appointment and reappointment procedures. Removes ability of the City Council to fill a vacancy without a competitive process. Unless there is an unscheduled vacancy that requires appointment, the City Council must be notified of a vacancy.
Then, the City Council will direct the City Clerk to advertise the vacancy and establish timeframes for the community to submit applications. The City Council will appoint two members of the Council to serve on a temporary ad hoc committee formed for the limited purpose of selecting a commissioner to fill the vacancy. All recommended appointments must be confirmed by a majority of the City Council.
Section 2.24.050 - Meeting notice. Updated to align with policy in the resolution regarding Commission meeting cancellations.
Section 2.24.070 - Procedures. Removes the ability of the Commission to adopt their own regulations.
Commission must be prescribed by law, ordinance, or a City Council resolution.
A redline of changes to the prior Planning Commission Rules Resolution is Attachment 2. The final resolution amending the rules and regulations of the Planning Commission is Attachment 3.
Attachment 1 - Ordinance amending Ch. 2.24 (Planning Commission) Attachment 2 - Redline of Planning Commission Rules Resolution Attachment 3 - Resolution Amending Planning Commission Rules Note - the Ordinance shows the additions and subtractions directly in its text.
FISCAL IMPACT:
None. The cost of preparing these amended policies and procedures is within the existing budget.
Increasing the Planning Commission’s efficiency and reducing the risk of adverse litigation will help the City’s budget, in an indeterminate amount.
RECOMMENDED ACTION:
The Rules and Policies Committee recommends the City Council adopt Ordinance No. ___-2024 to approve amendments to the Barstow Municipal Code and to adopt Resolution No.____-2024 and repeal Planning Commission Resolution No. 467, all amending the Planning Commission’s rules and regulations.