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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW
AMENDING PREVIOUSLY ESTABLISHED RULES FOR THE CONDUCT
OF PLANNING COMMISSION MEETINGS, PROCEEDINGS AND
BUSINESS AND REPEALING PLANNING COMMISSION RESOLUTION
467.
WHEREAS, the Planning Commission last revised its established rules for the conduct of its meetings, proceedings and business under Resolution No. 467,and WHEREAS, the City Council desires to change the regulations of the Planning Commission; and
NOW, THEREFORE BE IT RESOLVED that the City Council Planning Commission of the City of Barstow does hereby amend its the rules for the Planning Commission and the conduct of its meetings, proceedings and business to read as follows:
ARTICLE I - OFFICERS
SECTION ONE OFFICERS, ENUMERATION OF:
The officers of the Commission shall be a Chairperson and, Vice-Chairperson and Secretary.
SECTION TWO - OFFICERS, ELECTION OF:
Officers of the Commission shall be elected for a term of one year by the Commission at the first meeting of the Commission immediately following the 31st day of January of each calendar year. This term shall not apply to Planning Commission Alternates.
SECTION THREE - CHAIRPERSON, QUALIFICATION OF:
The Chairperson shall be one of the members of the Commission.
SECTION FOUR - VACANCIES:
Pursuant to Barstow Municipal Code Chapter section 2.2624.020, Commissioner terms shall be for a period of four years. Such Commissioner terms shall begin in January, or upon appointment, and shall end at the end of December in the fourth year as specified upon appointment. Vacancies shall be handled according to the process in Barstow Municipal Code section 2.24.035. Pursuant to Barstow Municipal Code Chapter Should any officer, including the Chairperson, cease to be a member of the Commission prior to the expiration of his/ her term of office, a vacancy shall be deemed to have occurred in the office and the City Council may direct the City Clerk to advertise the vacancy of the Planning Commission, instruct staff to establish timeframes for the submittal of applications, and appoint two City Council members to a Selection Committee to conduct interviews with potential Planning Commission applicantsa successor shall be elected by the Commission for the unexpired portion of his/her term.
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SECTION FIVE - CHAIRPERSON, POWERS AND DUTIES:
The Chairperson shall have the following powers and duties:
A. Preside at all meetings of the Commission and at all hearings conducted by the Commission.
B. Sign all written resolutions of the Commission and all minutes of all meetings or hearings of the Commission which shall have been approved by the Commission.
C. Perform such other duties as may be required by Ordinance of the City of Barstow or by Resolution or order of the Commission not inconsistent with Ordinances of the City of Barstow.
SECTION SIX - VICE CHAIRPERSON, QUALIFICATIONS OF:
The Vice-Chairperson shall be one of the members of the Commission.
SECTION SEVEN - VICE CHAIRPERSON, ELECTION OF:
The Vice-Chairperson shall be elected by the members of the Commission.
SECTION EIGHT - VICE CHAIRPERSON, POWERS AND DUTIES:
The Vice-Chairperson shall have the following powers and duties:
A. Perform all powers and duties of the Chairperson in the event of and during the absence or disability of the Chairperson.
B. Preside as Chairperson at all meetings and hearings of the Commission in the event of and during the absence or disability of the Chairperson.
C. Shall perform such other duties as may be required by Ordinance of the City of Barstow, or by Resolution or order of the Commission not inconsistent with the Ordinances of the City of Barstow.
SECTION NINE - CHAIRPERSON PRO-TEMPORE:
In the event of the absence or disability of the Chairperson and Vice-Chairperson at any meeting or hearing of the Commission, the most senior commissioner present shall serve as Chairperson pro-tempore to preside over the meeting or hearing.
SECTION TEN - CHAIRPERSON PRO-TEMPORE, POWERS AND DUTIES:
The Chairperson Pro-Tempore shall have the following powers and duties:
A. Perform all powers and duties of the Chairperson in the event of and during the 3 363031.2
absence or disability of the Chairperson.
A.B. Preside as Chairperson at all meetings and hearings of the Commission in the event of and during the absence or disability of the Chairperson.
B.C. Shall perform such other duties as may be required by Ordinance of the City of Barstow, or by Resolution or order of the Commission not inconsistent with the Ordinances of the City of Barstow Municipal Code.
- - SECTION ELEVEN – FIRST and SECOND ALTERNATE, SELECTION OF - - The First Alternate shall be elected from the two appointed alternates by the regular members of the Commission.
SECTION TWELVE ELEVEN - SECRETARY, QUALIFICATIONS OF:
The Secretary shall be the appointed by the City Planner or Director of Community Development or his/her designee.
SECTION THIRTEEN TWELVEELEVEN -– SECRETARYCITY CLERK, POWERS AND DUTIES OF:
The Secretary City Clerk or their designee shall have the following powers and duties:
A. Attend all meetings and hearings of the Commission and assure that a record of minutes of all that transpires at such meetings and hearings is kept on file in the Planning Department.
B. Attest all written resolutions of the Commission and all minutes of all meetings or hearings of the Commission which shall have been approved by the Commission.
Where a City Clerk or their designee is not assigned to the Commission, the City Manager or designee shall appoint a staff secretary to handle the powers and duties assigned to the City Clerk or their designee.
ARTICLE II - MEETINGS
SECTION ONE - REGULAR MEETINGS:
Regular meetings of the Planning Commission shall be held, without notice, on the second and fourth Monday of each month. The meeting shall commence at 76:00 P.M. in the City Hall Council Chambers, 220 East Mountain View, Barstow, California, or at such other place as the Commission may from time to time prescribe. Regular Planning Commission meetings will not be scheduled on legal city recognized holidays. Should a regular Commission meeting fall on a city recognized holiday, the Commission may reschedule for an alternative date by a majority vote of the Commission.
SECTION TWO - STUDY SESSION:
Study sessions may be called by a majority of the Commission at such times as the Commission deems necessary. Study sessions shall be for the purpose of hearing reports from staff or other persons. No official action shall be taken at the study session. The participation of the public shall be subject to the discretion of the presiding officer in 4 363031.2
accordance with the Brown Act.
SECTION THREE - CANCELLATION:
Any meeting of the Commission may be cancelled in advance by the City Manager or designee, or by a majority vote of the Commission. The City Manager or designee or the Chairperson may cancel a meeting in the case of an emergency or when a majority of members have confirmed their unavailability to attend a meeting. Any Commission meeting cancelled by the Chairperson or a majority vote of the Commission 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.
Where it is not feasible to post notice of a cancellation in advance of a Commission meeting, such as due to loss of quorum at the meeting or due to an emergency, notice of the cancellation shall be publicly posted as soon as possible.
SECTION FOUR - AGENDA:
The Agenda shall be prepared at the direction of the City Planner or designee. A copy of the agenda shall be posted at least 72 hours prior to each regular meeting. In addition, a copy of the agenda with appropriate supporting documentation shall be available at City Hall during normal working hours for public inspection. All non-discretionary items to be placed on the Planning Commission agenda shall be received by the City Planner or designee no later than 5:00 P.M. on Tuesday prior to the regular Commission meeting on Monday.
SECTION FIVE - DISCUSSION THROUGH CHAIRPERSON ONLY, LIMITATION OF DISCUSSION, DISQUALIFICATION OF MEMBERS:
Discourse shall not be had directly among members of the Commission nor between persons in attendance and members of the Commission. Persons in attendance may address the Commission or members thereof only through the Chairperson. Members of the Commission may address one another or persons in attendance only through the Chairperson.
Except as otherwise provided in the procedures governing the conduct of public hearings set forth in Article V hereof, discussion on any particular matter either by the Commissioners or by any person in attendance may be limited, in the discretion of the Chairperson, to such time as the Chairperson may find to be reasonable under the circumstances, provided that any decision of the Chairperson to limit discussion may be overruled by a majority vote of the Commission.
SECTION SIX - QUORUM:
At any meeting of the Planning Commission, a majority of the Commission shall constitute a quorum for the transaction of business, and a majority of the members present shall decide. 5 363031.2
SECTION SEVEN – NO DISCUSSION OF ITEMS NOT ON THE AGENDA In accordance with Government Code §54954.2, subdivision (a)(3), no action or discussion shall 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.
SECTION EIGHT – COMMISSIONER COMMENTS
In accordance with Government Code §54954.2, subdivision (a)(3), during “Commissioner Comments” on the agenda, Commissioners may make a report on their own activities or make a announcement for up to six (6) minutes. Commissioners may also provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
Commissioners shall not engage in substantive discussions regarding items not on the agenda.
ARTICLE III - ORDER OF BUSINESS
SECTION ONE - AGENDA FORMAT:
The order of business for regular, adjourned, study sessions and special meetings shall be as follows:
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
c. Approval of Minutes
2. Continued Public Hearing(s) Items
3. Public Hearing(s)
4. Special Item(s) (e.g. Discussion Items, Updates, Information)
5.3. Miscellaneous Business
a. AudiencePublic Comment – 3 minutes
b. Traffic and Safety Update
c. Planning Commissioner Comments – 6 minutes
a. City Staff Comments
b. Commission
c.d. Staff
6.4. Adjournment
The Chairperson may modify the order of business for the convenience of the Commission, the audience, or an applicant before the Commission subject to Article III, Section II noted herein.
SECTION TWO - REMOVAL OF ITEM FROM AGENDA:
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Agenda items may only be removed from a Planning Commission Agenda following a written request by the applicant or authorized agent and a subsequent majority vote of the Planning Commission.
SECTION THREE - REORGANIZATION OF AGENDA ITEMS:
Any item reflected upon a Planning Commission agenda may be moved to an alternate position on the agenda upon a majority vote by the Planning Commission.
ARTICLE IV -– RULES OF CONDUCT
SECTION ONE – LIMITS OF DEBATE BY COMMISSIONERS
Unless waived by a majority of the Commission, a Commissioner may speak on any debatable motion for up to six (6) minutes at a time. Commissioners may request to speak an unlimited number of times. However, the Chair shall give priority to Commissioners who have not yet spoken or spoken less than other Commissioners.
SECTION ONE TWO -– BUSINESS OF THE COMMISSION:
Business shall be brought before the Commission by motion in accordance with the following standards of conduct:
A. Obtaining the Floor:
Any member of the Commission wishing to speak must first obtain the floor by being recognized by the Chairperson. The Chairperson must recognize any Commissioner who seeks the floor when appropriately entitled to do so.
B. Motions:
The Chairperson or any member of the Commission may bring a matter of business before the Commission by making a motion. Before the matter can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the Chairperson shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any individual properly recognized by the Chairperson.
Once the matter has been fully debated and the Chairperson calls for a vote, no further debate will be allowed.
C. Voting:
All Commissioners present at a meeting when a question comes up for a vote, shall vote for or against the measure unless he/she is disqualified from voting and abstains because of such disqualification. If the vote is a voice vote, the recording secretaryCity Clerk or their designee shall declare the result and note for the record all "“Aye"” votes and all "“No"” votes and abstentions. The Commission may also vote by roll call vote.
Regardless of the manner of voting, the results reflecting all “Ayes"”, "“Noes"” and abstentions must be clearly set forth for the record.
D. Procedural Rules of Order:
In all matters not otherwise provided for herein, the proceedings of the Commission shall 7 363031.2
be governed by the most recent edition of Roberts Rosenberg’s Rules of Order. No ordinance, resolution, proceedings, or other action by the Commission will be invalidated, or the legality thereof affected, by the failure or omission to observe or follow these rules, or Roberts Rosenberg’s Rules of Order.
SUBSIDIARY MOTIONS
E. Lay on the Table an Item:
Any Commissioner may move to Table an Item lay the matter under discussion on the table. This motion temporarily suspends any further discussion of the pending motion without setting a time certain to resume debate. It must be moved and seconded and passed by a majority vote. The motion may contain a specific time in which the item may come back to the Commission or the motion may contain no specific time for the return of the item. Where there is no specific time for the return of an item, a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting.
In order to bring the matter back before the Commission, a member must move that the matter be added to the next scheduled Planning Commission meetingtaken from the table, seconded and passed by a majority vote. A motion to take from the tableto bring an item back must be made at the next regular meeting of the Commission. Otherwise the motion that was tabled dies, although it can be raised later as a new motion.
F. Limit Debate:
(ND) Any Commissioner may move to limit debate by immediately bring the question being debated by the Commission to a vote, suspending any further debate. The motion must be made and seconded without interrupting one who already has the floor. A 4/5 vote is required for passage.
G. Time Limits or Extend Limits of Debate:
(ND) Any Commissioner may move to put limits on the length of debate. The motion must be made and seconded and requires 4/5 vote of the Commission to pass.
H. Postpone to a Time Certain:
(D) Unless prohibited by applicable law, aAny Commissioner may move to postpone the pending question to a time certain. This motion continues the pending main motion to a future date as determined by the Commission at the time the motion is passed. The motion must be seconded and requires a majority vote for passage.
I. Commit or Refer:
Any Commissioner may move that the matter being discussed should be referred to a temporary ad hoc committee for further study. An ad hoc committee shall be comprised of no more than two (2) Commissioners. Commissioners assigned to an ad hoc committee shall not have a conflict of interest in the matter within the committee’s purview. Pursuant to the provisions of the Brown Act, ad hoc committee meetings are not required to be open to the public and publicly noticed.
Where City staff is requested by the ad hoc committee to participate in committee 8 363031.2
meetings, the City Manager or designee shall dictate whether staff shall participate and which staff may participate in the committee meetings.
Ad hoc committees may be used on a limited basis where necessary to study Commission business in greater depth than what is possible in the time allotted for Commission meetings. The work of the ad hoc committee shall be limited to a single finite purpose and a limited scope. Ad hoc committees of the Commission shall be used for policy matters only and shall not be used for any decision involving land use rights, as such decision require public hearings.
The motion to refer must be seconded and requires a majority vote for passage. The motion may contain directions for the committee, as well as, a date upon which the matter will be returned to the Commission's agenda to make a recommendation to the full Commission. If no date is set for returning the item to the Commission agenda, any Commissioner may move, at any time, to require the item-be-returned to the agenda.
The motion must be seconded and majority vote is required for passage if the item is to come back at a future date certain, or a 4/5 vote if the item is to be immediately discussed by the Commission at the time the motion to return is made.
While an ad hoc committee is active, the Commission shall include a standing item on their regular agenda to receive updates from the committee on their progress.
J. Amend:
(D) Any Commissioner may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon, all amendments and amendments to amendments must first be acted upon. A motion to amend must be seconded and requires a majority vote for passage. An amendment must be related to the main motion or amendment to which it is directed. Any amendment which substitutes a new motion rather than amending the existing motion is out of order and may be so declared by the Chairperson.
K. Postpone Indefinitely:
(D) Any Commissioner may move to postpone indefinitely the motion on the floor, thus avoiding a direct vote on the pending motion and suspending any further action on the matter. The motion must be seconded and requires a majority vote for passage.
MOTIONS OF PRIVILEGE, ORDER AND CONVENIENCE
The following actions by the Commission are to insure orderly conduct of meetings and for the convenience of the Chairperson and Commissioners. These motions take precedence over any pending main or subsidiary motion and may or may not be debated as noted.
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I. Call for Orders of the Day:
(ND) Any Commissioner may demand that the agenda be followed in the order stated therein. No second is required and the Chairperson must comply unless the Commission, by 4/5 vote, sets aside the orders of the day.
L.K. Question of Privilege:
Any Commissioner, at any time during the meeting, may make a request of the Chairperson to accommodate the needs of the Commission or his/her personal needs for such things as reducing noise, adjusting air conditioning, ventilation, lighting, etc.
Admissibility of question is ruled on by the Chairperson.
M.L. Recess:
Any Commissioner may move for a recess. The motion must be seconded and a majority vote is required for passage.
Adjourn:
(ND) Any Commissioner may move to adjourn at any time, even if there is a business pending.
The motion must be seconded and a majority vote is required for passag N.M. Point of Order:
(ND) Any Commissioner may require the Chairperson to enforce the rules of the Commission by raising a point of order. The point of order shall be ruled upon by the Chairperson.
P. Appeal:
(D) Should any Commissioner be dissatisfied with a ruling from the Chairperson, he/she may move to appeal the ruling to the full Commission. The motion must be seconded to put it before the Commission. A majority vote in the negative or a tie vote sustains the ruling of the Chairperson. The motion is debatable and the Chairperson may participate in the debate.
(D)Any ruling of the Chairperson may be appealed at the request of a Commission member. If an appeal is taken, the only question before the Commission shall be, "Shall the decision of the Chairperson be sustained?" The Chairperson shall call for a roll call vote to determine if the ruling is upheld.
O.N. Suspend the Rules:
(D) Any Commissioner may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second and a 4/5 vote is required for passage.
P.O. Division of Question:
(D) Any Commissioner may move to divide the subject matter of a motion which is made up of several parts in order to vote separately on each part. The motion requires a second and a majority vote for passage. This motion may also be applied to complex ordinances or resolutions.
Q.P. Reconsider:
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Except for votes regarding matters which are quasi-judicial in nature or matters which require a noticed public hearing, the Commission may reconsider any vote taken at the same session, but no later than the same or next calendar day if the meeting is adjourned to another day within the Brown Act’s requirements, to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. The motion to reconsider must be made by a Commissioner who voted on the prevailing side, must be seconded and requires a majority vote for passage, regardless of the vote required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting. vote taken at the same session, but no later than the same or next calendar day, to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. The motion to reconsider must be made by a Commissioner who voted on the prevailing side, must be seconded and requires a majority vote for passage, regardless of the vote required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apple.
Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting.
Q. Renew, Rescind, Repeal or Annul:
The Commission may renew, rescind, repeal or annul any prior action taken with reference to any legislative matter so long as the action to renew, rescind, repeal or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law.
SECTION TWO FOUR - PETITIONS AND COMMUNICATIONS - FILING, REPORT AND INSPECTION THEREOF:
All written petition and communications on the agenda of a meeting shall be filed with the Commission at such meeting and shall be so marked by the SecretaryCity Clerk or their designee. The substance of such petitions and communications may be orally reported to the Commission by the SecretaryCity Clerk or their designee; provided that upon the request of any member of the Commission present at the meeting, any such petition or communication shall be read aloud in its entirety by the SecretaryCity Clerk. Such petitions and communications may be inspected at any time by any member of the Commission.
SECTION THREE FIVE - DOCUMENTS AND OBJECTS PRESENTED TO COMMISSIONFILING AND INSPECTION THEREOF:
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All documents and all physical objects presented to the Commission at any meeting by any person (including but not limited to, those presented by the City Council or by boards, commissions, officers, or departments of the City), shall be filed with the Commission at such meeting and shall be so marked by the SecretaryCity Clerk or their designee. Any such document or object filed with the Commission may be inspected at any time by any member of the Commission. At the discretion of the Chairperson, true copies or photographs of such documents and objects may be filed in lieu of the originals thereof.
Under no circumstances should any Planning Commission member communicate with the applicant or subject property owner before their project is officially presented at a Commission Meeting.
Information submitted on an item at a Planning Commission meeting which may be relevant to a decision being contemplated by the Commission and has not been previously reviewed by staff shall be considered "new information." In the case of receiving new information, the Planning Commission retains the discretion to continue the item to the next regular Planning Commission meeting or future meeting date assigned by the Commission.
ARTICLE V - PUBLIC HEARINGS
SECTION ONE - PUBLIC HEARINGS:
Matters which are required to be heard at a noticed public hearing shall comply with the procedures of Government Code § 65854 (if applicable) and shall be conducted in the following manner:
A. Time Of Public Hearings - Continuances:
Unless otherwise specifically required by law or order of the Commission, all hearings before the Commission on matters which the Commission is required by law to conduct a public hearing, shall be set for hearing at 7:00 p.m. or as soon thereafter as the matter may be heard at the regular meeting place of the Commission.
Starting at the respective times set for hearing, the matters on each of said hearing calendars will be called and heard in the order in which they appear on such calendars until proper disposition has been made on such matters in accordance with the law.
B. Public Discussion At Hearings:
When a matter for public hearing comes before the Commission, the Chairperson shall open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Chairperson shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter. Any person desiring to speak or present evidence shall make his/her presence known to the Chairperson and upon evidence relevant to the matter being heard. No person may speak without first being recognized by the Chairperson. Members of the 12 363031.2
Commission who wish to ask questions of the speakers or each other during the public hearing portion may do so but only after first being recognized by the Chairperson. The Chairperson shall conduct the meeting in such a manner as to afford due process. The Commission may restrict to three minutes the time for any person to speak in favor of or against any item.
All persons interested in the matter being heard by Commission shall be entitled to submit written evidence or remarks, as well as, other graphic evidence. All such evidence presented shall be retained by the Secretary City Clerk or their designee as part of the record. Time limits may be established by the Commission limiting the duration of presentations as set forth in these rules. No person shall be permitted during the hearing, to speak about matters or present evidence which is not germane to the matter being considered. A determination of relevance shall be made by the Chairperson, but may be appealed as set forth in these rules.
SECTION TWO - CONSIDERATION OF QUESTION BY COMMISSION:
After all members of the public desiring to speak upon the subject of the hearing have been given an opportunity to do so, subject to reasonable regulations permitted by the Brown Act, the public hearing shall be closed by the Chairperson to consider what disposition to be made of the question or questions presented at the hearing. No member of the public shall be allowed, without consent of the Chairperson, to speak further on the question during this period of deliberation. Although Commissioners may ask questions of the speakers if so desired. At the conclusion of the Commissions discussion, and appropriate motion having been made and seconded, the Commission shall vote on the matter.
SECTION THREE - CONTINUANCE OF HEARINGS:
Any hearing being held or noticed or ordered to be held by the Commission at any meeting of the Commission may, by order or notice of continuance, be continued or recontinued to any subsequent meeting in the manner provided herein for adjourned meetings.
SECTION FOUR - ATTENDANCE BY THE PUBLIC:
Except as specifically provided by law for closed session, all meetings of the Commission shall be open and public. All persons desiring to attend shall be permitted to attend any meeting. In the event any meeting is willfully interrupted by a group(s) of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by removal of the offending individual(s), the Commission may order the meeting room cleared and continue in sessions. Representatives of the press, unless participants in the disturbance, shall be allowed to attend such session, and nothing shall prohibit the Commission from readmitting individuals not responsible for the disturbance.
Any person who becomes boisterous or who uses profane language may, upon the direction of the Chairperson, be removed from the site of such hearing.
SECTION FIVE- PUBLIC PARTICIPATION:
The Chairperson shall recognize that any person in attendance may address the Commission during each item. Persons addressing the Commission shall state their name and address and direct their comments to the Chairperson.
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SECTION SIX – EX PARTE COMMUNICATION POLICY
A. Under no circumstances should any Planning Commission member communicate with the applicant or subject property owneran Interested Person before their project is officially presented at a public hearing before the Commission.Commission Meeting.
B. When a Commissioner has an ex parte communication concerning a pending matter that is the basis of a quasi-judicial proceeding, the Commissioner shall verbally disclose the ex parte communication as follows. When a matter that is the subject of an ex parte communication is called but before it is considered by the body, the Commissioner shall verbally disclose:
1. The nature of the ex parte communication;
2. With whom the ex parte communication was made; and
3. A brief statement as to the substance of the communication.
A Commissioner should only announce the receipt of any emails from Interested Persons if the emails were not addressed to the full Commission and only the site visits where they spoke to Interested Persons regarding the item being considered.
C. After closure of the hearing on a matter and prior to a final decision. Commissioners shall refrain from any ex parte communications with Interested Persons pertaining to the matter.
A.D. This policy is meant to augment, not supplant, any other legal obligations Commissioners have regarding contact with applicants and the public, including but not limited to disclosure of conflicts of interest under the Political Reform Act, Government Code section 81000 et seq., and/or adherence to open meeting laws such as the Brown Act, Government Code section 54950 et seq.
E. Failure of a Commissioner to disclose an ex parte communication in accordance with the provisions of this section may result in one or all of the following actions:
1. A warning letter shall be sent to the Commissioner advising the Commissioner of the regulations in this section and that failure to comply with this section may result in removal.
2. The Commission or the City Council may censure the Commissioner for failing to disclose the ex parte communication, per the procedures of the censure policy adopted by the City Council.
3. Removal pursuant to Barstow Municipal Code section 2.24.040.
F. As used in this Section:
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1. “Ex parte communication” is any written or oral communication between Commissioners and any Interested Person, other than an individual on the City’s staff acting in their official capacity, about a matter pending before and within the jurisdiction of the City, and which does not occur in a public hearing, workshop, or other official proceeding, or appear in the official record of the proceeding on the matter, where the matter is quasi-judicial in nature, e.g., discretionary permits, licenses, maps, and similar applications, where findings must be made based on substantial evidence in the record. A communication concerning only the status of a pending matter shall not be regarded as an ex parte communication.
2. “Interested Person” means any of the following:
a) Any applicant, protestant, respondent, petitioner, complainant, appellant, interested party who has made a formal appearance, or the agents or employees of any of them, including persons receiving consideration to represent any of them;
a)b) Any person with a financial interest, as described in the California Political Reform Act, in a matter at issue before the Commission, or such person’s agents or employees, including persons receiving consideration to represent such a person;
c) Any member of the public who intends to influence the decision of a Commissioner on a matter before them, even if that association is not a party to the matter; and
d) A representative acting on behalf of any formally organized civic, environmental, neighborhood, business, labor, trade, or similar association who intends to influence the decision of Commissioner on a matter before them, even if that association is not a party to the matter.
1.3. A matter is “pending” if an application has been filed with City.
ARTICLE VI-ATTENDANCE OF MEMBERS
SECTION ONE - 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.
A Commissioner absent from three consecutive meetings without securing the consent of the CommissionCity Manager or designee , entered upon the minutes, shall be deemed to have resigned, except for the following reasons:
a) Illness or injury to member;
b) Illness or injury to one of the member's family necessitating member's presence with ill or injured person;
c) Previously announced vacation or absence from the city; d) Bereavement through loss of relative, close friend, or business associate; or e) Temporary Military Reserves or "summer camp" similiarsimilar type of absence for 15 363031.2
military service.
The Secretary, or in the absence of a Secretary, tThe City Clerk, or their designee shall notify the City Council of such resignation and request in the name of the Commission, the appointment of a new member to fill the unexpired term of the member resigning.
Any member of the Commission who expects to be absent from a meeting of the Commission and who has not previously been excused for such absence by the Council or by the Commission will be expected to so notify the Secretary City Clerk or their designee of the Commission as soon as such absence appears to be a certainty. Preferably, such notice shall occur at least twenty-four (24) hours in advance of the time set for the meeting to allow time for notifying persons whose business appears on the agenda for such meetings if it appears that a quorum will not be present for any such meeting.
An excused absence or unexcused absence of a Commissioner shall be reflected in the official minutes of the Commission’s minutes.
ARTICLE VII - AMENDMENT OF RULES SECTION
Any amendment to these rules proposed by the Commission shall be submitted to the City Council for approval.
ONE - AMENDMENT OF RULES:
These rules may be amended or added to by three affirmative votes of the Planning Commission at a regular meeting.
No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Secretary at the regular meeting next preceding the meeting at which the motion to change is made.
SECTION TWO - PREVIOUS BY-LAWS REPEALED:
The previously adopted "Rules for Conduct of Business" identified hereinafter as Planning Commission Resolution #4675 is hereby repealed upon adoption of this Resolution.