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RESOLUTION NO. ____-20264
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.AND REPLACING RESOLUTIONS 5174-2024 AND 4088-
2004
WHEREAS, the Planning Commission last revised its established rules for the conductof its meetings, proceedings and business under Resolution No. 467, and WHEREAS, on July 15, 2024, the City Council repealed Planning Commission Resolution No. 467 and adopted Resolution 5174-2024 to change the regulations of the Planning Commission to improve the Planning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; and WHEREAS, the City Council now desires to amendchange the regulations of the Planning Commission; and Rules for Conduct of the Planning Commission to establish procedures for the selection of alternate members; and WHEREAS, as used in this resolution, the definitions for “regular member”, “alternate member” and “member” in this Resolution shall have the same meaning as Barstow Municipal Code Section 2.24.010; and WHEREAS, the City Council desires to repeal Resolution NO. 4088-2024 and include provisions for compensation of members in this Resolution; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Barstow does hereby amend 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 be appointed from regular members of the Commission.
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.
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SECTION THREE - CHAIRPERSON, QUALIFICATION OF:
The Chairperson shall be one of the members of the Commission.
SECTION FOUR - VACANCIES:
Pursuant to Barstow Municipal Code section 2.24.020, Commissioner member terms shall be for a period of four years. TSuch 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.
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. 3 363031.3
SECTION NINE - CHAIRPERSON PRO-TEMPORE:
In the event of the absence or disability of the Chairperson and ViceChairperson at any meeting or hearing of the Commission, the most senior cmemberommissioner 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 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 Barstow Municipal Code.
SECTION ELEVEN – CITY CLERK, POWERS AND DUTIES OF:
The 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.
SECTION TWELVE – SELECTION OF FIRST AND SECOND ALTERNATES Per Barstow Municipal Code Section 2.24.010, the City Council shall select which appointee serves as first alternate and second alternate. If only one alternate member is appointed, that alternate member is automatically deemed the first alternate member.
SECTION THIRTEEN – STIPEND
Regular members may receive a stipend of $100 per meeting attended, not to exceed $2,400 per calendar year. Alternative members shall only be eligible for the stipend as provided by this section when serving in place of a regular member at a meeting. No other benefits or compensation shall accrue or vest for 4 363031.3
members other than those explicitly granted by the City Council.
As used in this section, “meeting” means a congregation of the Commission at the same time and location, including teleconference locations, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the Commission, but do not include the meetings of any subcommittee or any other group of less than a majority of the members of the body. Members may only receive compensation for one (1) meeting per day.
ARTICLE II - MEETINGS
SECTION ONE - REGULAR MEETINGS:
Regular meetings of the Planning Commission shall be held on the second and fourth Monday of each month. The meeting shall commence at 6:00 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 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 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. 5 363031.3
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 membersCommissioners 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 membersCommission shall constitute a quorum for the transaction of business, and a majority of the members present shall decide. Alternative members shall only be counted towards quorum and eligible to vote when serving in place of a regular member at a noticed meeting.
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 membersCommissioners or staff may briefly respond to statements made or questions posed by persons exercising their right to provide public comment.
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SECTION EIGHT – COMMISSIONER COMMENTS
In accordance with Government Code §54954.2, subdivision (a)(3), during “Commissioner Comments” on the agenda, Commissioners members may make a report on their own activities or make a an announcement for up to six (6) minutes. Members serving during the meeting 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 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 Members 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 ofAllegiance
b. Roll Call
c. Approval of Minutes
2. Public Hearing(s) Items
3. Miscellaneous
a. Public Comment – 3 minutes
b. Traffic and Safety Update
c.b. Planning Commissioner Comments – 6 minutes
d.c. City Staff Comments
4. Adjournment
The Chairperson may modify the order of business for the convenience of the Commission, the audience, or an applicant before the Commission.
SECTION TWO - REMOVAL OF ITEM FROM AGENDA:
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:
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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
The provisions of this Article IV shall apply to regular members and to any alternate members serving in place of regular members during a meeting.
ARTICLE IV – RULES OF CONDUCT
SECTION ONE – LIMITS OF DEBATE BY COMMISSIONERS
SECTION ONE – LIMITS OF DEBATE
Unless waived by a majority of the Commission, a Commissioner member may speak on any debatable motion for up to six (6) minutes at a time.
Commissioners Members may request to speak an unlimited number of times.
However, the Chair shall give priority to Commissioners members who have not yet spoken or spoken less than other Commissionersmembers.
SECTION 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 member 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 members 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 8 363031.3
vote is a voice vote, the City 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 ofOrder:
In all matters not otherwise provided for herein, the proceedings of the Commission shall be governed by the most recent edition of 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 Rosenberg’s Rules of Order.
SUBSIDIARY MOTIONS
E. Table an Item:
Any Commissioner member may move to Table an Item under discussion.
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.
F. Limit Debate:
Any Commissioner member 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 ofDebate:
Any Commissioner member 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:
Unless prohibited by applicable law, any Commissioner member 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.
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I. Commit or Refer:
Any Commissioner member 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) Commissionersregular members. Commissioners Regular members 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 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 member 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:
Any Commissioner member 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 10 363031.3
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 thanamending the existing motion is out of order and may be so declared by the Chairperson.
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 Commissionersmembers. These motions take precedence over any pending main or subsidiary motion and may or may not be debated as noted.
K. Question of Privilege:
Any Commissionermembers, 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.
L. Recess:
Any Commissioner member may move for a recess. The motion must be seconded and a majority vote is required for passage.
M. Point of Order:
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. Should any Commissioner be dissatisfied with a ruling from the Chairperson on a point of order, they may move to appeal the ruling to the full Commission. The motion must be seconded to put it before the Commission. If an appeal is taken, the only question before the Commission shall be, "Shall the decision of the Chairperson be sustained?" 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.
N. Suspend the Rules:
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.
O. Division of Question:
Any Commissioner member may move to divide the subject matter of a 11 363031.3
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.
P. Reconsider:
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 member 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.
SECTION 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 City Clerk or their designee. The substance of such petitions and communications may be orally reported to the Commission by the City Clerk or their designee. Such petitions and communications may be inspected at any time by any member of theCommission.
SECTION FIVE - DOCUMENTS AND OBJECTS PRESENTED TO
COMMISSION- FILING AND INSPECTION THEREOF:
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 City 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.
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.
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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 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 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 13 363031.3
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 members 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 direct their comments to the Chairperson.
SECTION SIX – EX PARTE COMMUNICATION POLICY
A. Under no circumstances should any Planning Commission memberregular member or alternate member communicate with an Interested Person before their project is presented at a public hearing before the Commission. 14 363031.3
B. When a Commissioner member has an ex parte communication concerning a pending matter that is the basis of a quasi-judicial proceeding, the Commissioner member 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 member 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 member 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 Members shall refrain from any ex parte communications with Interested Persons pertaining to the matter.
D. This policy is meant to augment, not supplant, any other legal obligations Commissioners members 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 member 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 member advising the Commissioner member 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 member 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 quasijudicial 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;
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 member 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 member on a matter before them, even if that association is not a party to the matter.
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 member absent from three consecutive meetings without securing the consent of the City Manager or designee shall be deemed to have resigned, except for the following reasons:
a) Illness or injury tomember;
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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 thecity; d) Bereavement through loss of relative, close friend, or business associate;or
e) Temporary Military Reserves or similar type of absence for military service.
The 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 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
Any amendment to these rules proposed by the Commission shall be submitted to the City Council for approval.
Certification. The City Clerk shall certify to the adoption of this Resolution.
CEQA. The City Council finds the adoption of this Resolution is exempt from review under the California Environmental Quality Act because it relates to an administrative matter. (CEQA Guidelines, 14 Cal. Code of Regulations, Section 5061(b)(3) and 15378(b)(5).
PASSED, APPROVED AND ADOPTED this 20th day of January, 2026.
__________________________________
Timothy Silva, Mayor
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ATTEST:
__________________________________
Andrea Flores, City Clerk
APPROVED AS TO FORM:
__________________________________
Matthew T. Summers, City Attorney
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. ____-2026 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 20th day of January, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Andrea Flores, City Clerk
PREVIOUS BY-LAWS REPEALED:
The previously adopted "Rules for Conduct of Business" identified hereinafter as Planning Commission Resolution #467 is hereby repealed upon adoption 18 363031.3
of this Resolution.
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Certification. The City Clerk shall certify to the adoption of this Resolution.
CEQA. The City Council finds the adoption of this Resolution is exempt from review under the California Environmental Quality Act because it relates to an administrative matter. (CEQA Guidelines, 14 Cal. Code of Regulations, Section 5061(b)(3) and 15378(b)(5).
PASSED, APPROVED AND ADOPTED this 15th day of July, 2024.
__________________________________
Paul Anthony Courtney, Dr. B.A.,
Mayor
ATTEST:
__________________________________
Andrea Flores, City Clerk
APPROVED AS TO FORM:
__________________________________
Matthew T. Summers, City Attorney
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. ____-2024 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 15th day of July, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
20 363031.3
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Andrea Flores, City Clerk