Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)
AGENDA
OXNARD CITY COUNCIL
FINANCE AND GOVERNANCE COMMITTEE
Council Chambers, 305 West Third Street
October 24, 2023
Regular Meeting - 5:00 to 6:30 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 850 8810 3456
3. Passcode: 621990
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.
IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN-PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.
To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING
a. Submit a request to speak remotely by 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] by 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING
a. Follow Zoom details listed above.
1 OXNARD CITY COUNCIL: FINANCE & GOVERNANCE COMMITTEE
October 24, 2023 - Page 2
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet- based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.
A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.
B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
C. CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Finance & Governance Committee approve the minutes of the September 26, 2023 regular meeting as presented.
Contact: Dee Lai, (805) 385-8200
D. REPORTS
1. Community Development Department
SUBJECT: Commercial Cannabis Financial Auditing Services Agreement with Avenu Insights & Analytics, LLC (10 minutes).
RECOMMENDATION: That the Finance and Governance Committee recommend that the City Council approve and authorize the Mayor to execute a 3 - year agreement (Agreement No. 3240018) with Avenu Insights & Analytics, LLC. (“Avenu”), in an amount not to exceed $570,000 for commercial cannabis financial auditing services.
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/Hv_HrxevGvE
Contact: Jeff Pengilley, (805) 385-8208
2. Community Development Department
SUBJECT: Revision to the Planning Commission Rules and Procedures (Bylaws) (10 minutes) RECOMMENDATION: That the Finance & Governance Committee recommend that the City Council approve the Planning Commission's proposed revisions to the Planning Commission Rules 2 OXNARD CITY COUNCIL: FINANCE & GOVERNANCE COMMITTEE
October 24, 2023 - Page 3
and Procedures (Bylaws) with staff’s recommended changes.
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/YVkeAQpMUrE
Contact: Jeff Pengilley, (805) 385-8208
E. ITEMS FOR FUTURE AGENDAS
F. ADJOURNMENT
3 FINANCE AND GOVERNANCE COMMITTEE
AGENDA REPORT
CONSENT AGENDA
AGENDA ITEM NO. C.1
DATE: October 24, 2023
TO: Finance & Governance Committee
FROM: Dee Lai, Assistant City Clerk, (805) 385-8200, [email protected]
SUBJECT: Approval of Minutes.
RECOMMENDATION
That the Finance & Governance Committee approve the minutes of the September 26, 2023 regular meeting as presented.
BACKGROUND
Approval of Minutes.
STRATEGIC PRIORITIES
This agenda item is a routine operational item.
FINANCIAL IMPACT
There is no financial impact.
Prepared by: Dee Lai, Assistant City Clerk
ATTACHMENTS
1. 09 26 2023 FG Minutes
4 MINUTES
OXNARD CITY COUNCIL
FINANCE AND GOVERNANCE COMMITTEE
Regular Meeting
September 26, 2023
A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
At 5:02 p.m., Chair John C. Zaragoza called to order the regular meeting of the Oxnard City Council Finance and Governance Committee in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California.
The Assistant City Clerk called the roll and announced the posting of the agenda. Chair John C. Zaragoza, Member Gabriela Basua, and Member Gabriel (Gabe) Teran were present in person.
Member Basua joined the meeting at 5:09 p.m.
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.
B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
No public comments were received.
C. CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Finance & Governance Committee approve the minutes of the July 25, 2023 regular meeting as presented.
No public comments were received.
It was moved by Member Teran, seconded by Chair Zaragoza , to approve the Information/Consent item as
presented. VOTE: Teran, and Zaragoza voted in favor; the motion passed 2-0. Member Basua was absent.
D. REPORTS
1. Finance Department
SUBJECT: Acquire and Implement Budgeting Software (10 minutes).
RECOMMENDATION: That the Finance and Governance Committee recommend that City Council:
1. Approve and authorize the City Manager to execute a five-year agreement with OpenGov, Inc. for OpenGov Budgeting & Planning software as well as OpenGov Reporting & Transparency software for a not to exceed amount of $771,493; and
2. Approve a budget appropriation of $60,110 in the Fiscal Year 2023-24 Information Technology Fund, from available fund balance.
Javier Chagoyen-Lazaro, Interim Chief Financial Officer, was available to answer the Committee’s questions.
No public comments were received. Discussion ensued among the Committee and staff.
It was moved by Member Basua, seconded by Member Teran, to approve the recommended action as presented.
VOTE: Basua, Teran, and Zaragoza voted in favor; the motion passed 3-0.
2. City Manager Department
5 OXNARD CITY COUNCIL: FINANCE & GOVERNANCE COMMITTEE
September 26, 2023 - Page 2
SUBJECT: Resolution Updating Grant Application Procedures (10 minutes).
RECOMMENDATION: That the Finance and Governance Committee recommend City Council adopt a Resolution updating procedures to submit grant applications.
Shiri Klima, Deputy City Manager, was available to answer the Committee’s questions. No public comments were received. Discussion ensued among the Committee and staff.
It was moved by Member Teran, seconded by Member Basua, to approve the recommended action as presented.
VOTE: Basua, Teran, and Zaragoza voted in favor; the motion passed 3-0.
3. Billing and Licensing Department
SUBJECT: Business Tax & Permit Administration, Discovery & Auditing Services (20 minutes).
RECOMMENDATION: That the Finance and Governance Committee recommend the City Council to approve the proposal to:
1. Outsource the Licensing Services; and
2. Establish an agreement between the City of Oxnard and Hinderliter, de Llamas & Associates (HDL) to provide Business Tax and Permit Administration, Discovery and Auditing Services for a period of five years with the option to renew for another five years prior to the contract’s expiration.
Eden Alomeri, Revenue & Licensing Director & Assistant City Treasurer, was available to answer the Committee’s questions. No public comments were received. Discussion ensued among the Committee and staff.
It was moved by Member Basua, seconded by Member Teran, to approve the recommended action as presented.
VOTE: Basua, Teran, and Zaragoza voted in favor; the motion passed 3-0.
4. Fire Department
SUBJECT: Authorize Blanket Purchase Orders for Allstar Fire Equipment Co. and L.N. Curtis & Sons for a Not to Exceed (NTE) Amount of $500,000 and $1,000,000 respectively through June 30, 2024 (10 minutes).
RECOMMENDATION: That the Finance and Governance Committee recommend that the City Council authorize the Mayor to execute Blanket Purchase Orders (BPOs) with the following vendors:
1. Allstar Fire Equipment Co. (Allstar) for a total amount NTE $500,000 for the purchase of structural firefighting personal protective equipment (PPE) and tools.
2. L.N. Curtis & Sons (L.N Curtis) for a total amount NTE $1,000,000 for the purchase of firefighting tools and equipment for wildland and tools mounted on response vehicles.
Karsten Guthrie, Assistant Fire Chief, was available to answer the Committee’s questions. No public comments were received. Discussion ensued among the Committee and staff.
It was moved by Chair Zaragoza, seconded by Member Teran, to approve the recommended action as presented.
VOTE: Basua, Teran, and Zaragoza voted in favor; the motion passed 3-0.
E. ITEMS FOR FUTURE AGENDAS
No requests were made.
F. ADJOURNMENT
6 OXNARD CITY COUNCIL: FINANCE & GOVERNANCE COMMITTEE
September 26, 2023 - Page 3
There being no further business on the agenda, and without objection, Chair Zaragoza adjourned the meeting at 5:38 p.m.
___________________________ ________________________ DEE LAI JOHN C. ZARAGOZA Assistant City Clerk Chair
7 FINANCE AND GOVERNANCE COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.1
DATE: October 24, 2023
TO: Finance & Governance Committee
FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]
SUBJECT: Commercial Cannabis Financial Auditing Services Agreement with Avenu Insights & Analytics, LLC (10 minutes).
RECOMMENDATION
That the Finance and Governance Committee recommend that the City Council approve and authorize the Mayor to execute a 3 - year agreement (Agreement No. 3240018) with Avenu Insights & Analytics, LLC. (“Avenu”), in an amount not to exceed $570,000 for commercial cannabis financial auditing services.
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/Hv_HrxevGvE
BACKGROUND
The Oxnard City Code (OCC) allows the following cannabis uses: retail dispensaries (16 licenses); manufacturing (8 licenses); distribution (3 licenses); and testing laboratories (1 license). The OCC requires that after one full year of being in operation, all cannabis businesses will be subject to an annual audit. Based upon the OCC audit requirements and the timing associated with the opening of two retail cannabis operators (The Artist Tree and Releaf on Vine), two retail cannabis businesses will be required to submit an audit of their annual financial revenues in December 2023. The audit is required to be prepared by an independent certified public accountant, procured by the cannabis applicant, and submitted to the City for review and approval.
Given that the City does not have the technical expertise to audit cannabis business, in February 2023, the City issued a Request for Proposals (RFP) for cannabis auditing services. The City received a total of seven (7) proposals. Based upon the criteria identified in the RFP, City staff evaluated the proposals and selected three (3) firms to interview. Avenu was selected as the most qualified to perform the work due to their overall experience providing cannabis auditing services to other municipal organizations (see Attachment A). The scope associated with the cannabis audit review will include: verification of tax payments reported by cannabis businesses to the City and the California Department of Tax and Fee Administration (CDTFA), verification of the annual community benefits payment, verification of the ownership associated with each commercial cannabis business and an evaluation of each commercial cannabis businesses assets and liabilities.
On June 20, 2023, through a compliance fee study, the City established a Cannabis Compliance Fee (Ordinance No.3029), which included the cannabis permit renewal fee. In addition to the renewal fee, each cannabis business will be responsible for paying the City’s cost to procure the review of the cannabis audit, plus the City’s 15% administrative fee. The audit will be submitted when the applicant renews their permit. It is possible that a cannabis permit may be renewed pending securing an approved cannabis audit. The renewal 8 process includes steps to secure approval of an audit post renewal of a cannabis permit.
The City negotiated the contract term with Avenu to provide commercial cannabis business audit services for 3- years (with an option for two 1-year extensions, for a total of 5 years) at a fixed cost of $7,500 per audit and a not to exceed total contract amount of $570,000. The contract maximum was established with the assumption that the cannabis program and business opening would gradually increase over the term of the agreement in alignment with the number of cannabis businesses allowed under the OCC. Through implementation of the cannabis program, including audit outcomes, it is possible that audit frequency may change. The City continues to evaluate the cannabis program, looking for ways to streamline the process, and facilitate business development. Any OCC changes, including changes in the frequency of the audit, would occur through an amendment to the OCC.
STRATEGIC PRIORITIES
This agenda item supports Economic Development strategy. The purpose of the Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.
FINANCIAL IMPACT
The estimated cost of the contract over five years (including an option for two 1-year extensions) and the corresponding revenue is as follows:
FISCAL YEAR EST.COST EST. REVENUE (INC. 15% ADMIN FEE) FY2023-24 $22,500 $22,838
FY2024-25 $82,500 $83,738
FY2025-26 $120,000 $121,800
FY2026-27 $172,500 $175,088
FY2027-28 $172,500 $175,088
There is sufficient FY2023-24 funding available from the existing Community Development operating budget. Funding of future years as well as anticipated revenue will be included in the recommended budget of each fiscal year.
For Finance Use Only: General Fund (Org. 1014101 Obj. 41450 & 53200)
Prepared by: Kathleen Mallory, Planning & Sustainability Manager
ATTACHMENTS
1. Draft Agreement No. 3240018 with Avenu Insights & Analytics, LLC
2. October 24, 2023 Presentation
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
Kathleen Mallory, Planning & Sustainability Manager
Community Development Department
Finance & Governance Committee
October 24, 2023
Commercial Cannabis Financial Auditing
Services Agreement with
Avenu Insights & Analytics, LLC
39 Background 2
• Oxnard City Code (OCC) allows the following cannabis
uses:
- Retail dispensaries (16 licenses);
- Manufacturing (8 licenses);
- Distribution (3 licenses); and
- Testing laboratories (1 license).
• OCC requires after one year of operation, all commercial cannabis businesses will be subject to an annual financial audit.
• Financial audit required to be prepared by an independent certified public accountant, procured by the cannabis
applicant, and submitted to the City for review and approval. 40 Background 3
• City does not have technical expertise to audit cannabis business. February 2023, City issued Request for Proposals (RFP) for cannabis auditing services.
• City received seven (7) proposals. Based on criteria within RFP, three (3) firms were interview by staff.
• Avenu was selected as the most qualified to perform the work due to their overall experience providing cannabis financial auditing services to other municipal organizations.
41 Background 4
• Scope associated with the cannabis audits will include:
○ Verification of tax payments reported by the cannabis businesses to the City and the California Department of Tax and Fee Administration (CDTFA);
○ Verification of the annual community benefits payment; ○ Verification of the ownership; and
○ Evaluation of assets and liabilities.
42 Background 5
• June 20, 2023, City Council approved a compliance fee study to cover the cost of the audit (Ordinance No.3029), which included the cannabis permit renewal fee.
• Each cannabis business responsible for paying the City’s cost to procure the review of the cannabis financial audit, plus the City’s 15% administrative fee.
• Financial audit fee will be submitted when the applicant renews their commercial cannabis business permit/annually. • Renewal process includes steps to secure approval of an audit post renewal of cannabis permit.
43 Background 6
• City negotiated the contract term with Avenu to lock the cost for a 3-year term (with an option for two 1-year
extensions/lock for 5-years) = fixed cost $7,500 per audit, plus 15% City admin. processing fee.
• Not to exceed total contract amount of $570,000.
• Contract maximum was established understanding that
cannabis program/business openings would gradually
increase over the next five years; and not exceed the
number of cannabis businesses allowed under the OCC.
44 Background 7
• City staff will continue to evaluate cannabis program, including audit outcomes; it is possible changes to financial audit frequency may occur in the future.
• City continues to evaluate the cannabis program;
developing ways to streamline the process, and facilitate business development.
• Potential OCC changes, including changes in the frequency of the financial audit, would occur through an amendment to the OCC.
45 Financial Impact 8
Fiscal Year Estimated Cost Estimated Revenue
(Inc. 15% Admin Fee)
FY 2024 $22,500 $22,838
FY 2025 $82,500 $83,738
FY 2026 $120,000 $121,800
FY 2027 $172,500 $175,088
FY 2028 $172,500 $175,088
• Estimated cost of the contract over five years (including an option for two 1-year extensions) and the corresponding revenue is as follows:
• There is sufficient FY2023-24 funding available from the existing Community Development (CD) operating budget.
• Future year funding, and anticipated revenue will be
included in the recommended CD budget request per fiscal year.
46 Recommendation 9
That the Finance and Governance Committee recommend
that the City Council approve and authorize the Mayor to execute a 3- year agreement (Agreement No. 3240018) with Avenu Insights & Analytics, LLC. (“Avenu”), in an amount not to exceed $570,000 for commercial cannabis financial auditing services.
47 Questions?
48 FINANCE AND GOVERNANCE COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.2
DATE: October 24, 2023
TO: Finance & Governance Committee
FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]
SUBJECT: Revision to the Planning Commission Rules and Procedures (Bylaws) (10 minutes)
RECOMMENDATION
That the Finance & Governance Committee recommend that the City Council approve the Planning Commission's proposed revisions to the Planning Commission Rules and Procedures (Bylaws) with staff’s recommended changes.
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/YVkeAQpMUrE
BACKGROUND
The Planning Commission Bylaws establish the Rules and Procedures for the Planning Commission, including, but not limited to, the purpose of the organization, who are its members, how officers are elected and resign, how meetings are conducted, communication protocols, and rules of conduct. The Planning Commission has the ability to change their Bylaws provided that the Bylaws are consistent with the Planning Commission's Duties as outlined within the current Bylaws. Section XIV of the current Bylaws state: “The rules and procedures may be amended at any regular meeting of the Commission by a majority of the members of the Commission, provided that the amendment has been submitted in writing at a previous meeting.” The Planning Commission’s Rules and Procedures (Bylaws) were last revised and adopted on July 18, 2019 (Planning Commission Resolution No. 2019-23 (Attachment 1)) to change the start time of the meeting from 7:00pm to 6:00pm.
On April 15, 2021, the Planning Commission requested a Study Session to review the Planning Commission Rules and Procedures regarding the role of “Subcommittees,” “Amendment of Rules and Procedures” in the and other general revisions.
The Rules and Procedures (Bylaws) Subcommittee was created by the Planning Commission on May 20, 2021.
The subcommittee met five times between the Planning Commission meetings starting June 3, 2021, through August 5, 2021.
On August 5, 2021, the subcommittee moved to approve a resolution recommending the Planning Commission adoption of revised Bylaws. On August 19, 2021, the Planning Commission voted 6-0, with one commissioner absent to approve Resolution 2021-21, establishing the revised Bylaws, subject to approval by the City Council.
Following approval by the Planning Commission, the Bylaws were reviewed by the City of Oxnard Attorney’s 49 Office. As a result of that review, staff recommends minor changes to address minor clean ups and possible conflict with other legal requirements. The redlines of these changes are provided in Attachment 3.
Because the Planning Commission Bylaws have specific references to Robert’s Rules of Order, staff did not bring the Planning Commission Bylaws for consideration by the Finance and Governance Committee until after the Court of Appeals issued its ruling on Measure M (which mandated the City use Robert’s Rule of Order) on February 17, 2023 and after the California Supreme Court declined to review the Court of Appeals’ decision regarding Measure M on April 26, 2023.
ANALYSIS/DISCUSSION
The proposed Bylaws, which are provided in Attachment 2, are a comprehensive update intended to reflect best practices and procedures of the Planning Commission, including those imposed by Measure M. The update also reorganizes the Bylaws into a more formalized layout. As a result, the changes cannot be shown line by line.
Therefore, staff has summarized the primary changes by “Rule”:
1. RULE 1 - TITLE
This new section was added to establish the official title of the Commission as the “Planning Commission of the City of Oxnard, California”.
2. RULE 2 -PREFACE
This new section was added to establish the purpose and intent of the proposed Bylaws. However, as shown in Attachment 3, after further review by the City Attorney’s Office, staff is recommending minor changes to provide clarity of scope and be consistent with City language in other documents.
3. RULE 3 - GENERAL PROVISIONS
This section was relocated from Section 1 of the current Bylaws. The proposed Bylaws adds the requirement that in addition to the Bylaws, each new Commission receive a copy of Robert’s Rules of Order, Newly Revised, and training on the Ralph M. Brown Act. The section also adds the language that the Planning Commission adopts the Bylaws to govern the conduct of its meetings. All other requirements are consistent with the current Bylaws.
4. RULE 4 - MEETINGS
This section was relocated from Section 2 of the current Bylaws. The proposed Bylaws formalizes the requirement to approve an annual calendar in the prior year. It also adds the requirements of the City’s Sunshine Ordinance, which requires that the legislative body and public shall have the agenda and attachments available 7 days before the regular meeting. All other requirements are consistent with the current Bylaws.
5. RULE 5 - MEETINGS AND HEARING PROCEDURES
This section incorporates both existing language from sections 3 and 4 of the current Bylaws, as well as new language.
• Section A has been added to address the general requirements for each public hearing, including who is responsible for presiding over the meeting and accessibility of meetings in person and virtually.
• Section B establishes that a quorum consists of four commissioners, consistent with the current Bylaws. However, the proposed Bylaws add new procedures for what to do in the absence of a quorum due to absences. The proposed Bylaws also add procedural requirements for establishing a quorum when the absence of a quorum is a result of abstentions due to conflicts of interest.
However, as shown in Attachment 3, after further review by the City Attorney’s Office, staff is 50 recommending one change to clarify all members must be present to trigger the procedures for re- establishing a quorum.
• Section C is consistent with the requirements of the current Bylaws. • Section D incorporates the standard public meeting procedures, including rules for public comments, such as incorporating the three (3) minute minimum time limit as required by Measure M.
• Section E is consistent with the current Bylaws but has been revised to clarify that the approval of minutes shall occur under the consent agenda.
• Section F has been added to provide rules and procedures for Ex Parte Declarations for Public Hearings.
• Sections G, H, I and J are consistent with the current Bylaws. • Section K has been revised to change the adjournment time from 11:00 p.m. to 10:00 p.m. unless extended by two-thirds of the Planning Commission present and eligible. This is consistent with City Council procedures.
6. RULE 6 - CONDUCT OF PUBLIC HEARING
This section was relocated from section 5 of the current Bylaws. The purpose section was added to reflect the goals and purpose of the Planning Commission, as it relates to creating an open and public meeting. Paragraph two of section B was added to allow for those making a threat of violence to be referred to the Oxnard Police Department. Section C has been updated to incorporate current practices. The primary changes include allowing for a 15-minute presentation by applicant teams and allowing for both the staff and applicants to respond to public testimony. Sections D, E, and F are consistent with the current Bylaws.
However, as shown in Attachment 3, after further review by the City Attorney’s Office, staff is recommending the removal of those restrictions due to concerns over potential conflicts with the Brown Act.
7. RULE 7 - COMMUNICATIONS AND REPORTS OF THE COMMISSION This section was relocated from Section 6 of the current Bylaws. Section A is consistent with the current Bylaws. Section B was revised to add limitations on font size, spacing, and page limits on written materials submitted for public comment. However, as shown in Attachment 3, after further review by the City Attorney’s Office, staff is recommending the removal of those restrictions due to concerns over potential conflicts with the Brown Act.
8. RULE 8 - ELECTION AND DUTIES OF OFFICERS
This section was relocated from Section 7 of the current Bylaws. The section has been revised to include rules and procedures for the election of Chair and Vice-Chair. The section also has been revised to include procedures for unanticipated vacancies to allow for the Planning Commission to vote in a replacement, who would serve until the next regular election. Language has also been added to establish protocols for what to do in the event both the Chair and Vice-Chair are absent. Pursuant to the new rules the immediate past chair shall preside at the meeting. If the immediate past chair is not present, the most senior member of the Commission shall perform the duties of the Chair. Lastly, procedures for the removal of an elected officer by at least a two-thirds vote of the Planning Commission when all members are present.
9. RULE 9 - SEATING ARRANGEMENT
This section was relocated from Section 12 of the current Bylaws. The section is generally consistent with the current Bylaws but have been revised to base the seating arrangement for all members except for the Chair and Vice-Chair to be based on Seniority.
10. RULE 10 - RESTRICTION ON REPRESENTATION
This section was relocated from Section 8 of the current Bylaws. This section is consistent with the current Bylaws.
51 11. RULE 11 - CONDUCT OF COMMISSION MEMBERS
This new section was added to establish the expectations for the decorum of the Planning Commission and require that they are familiar with the Parliamentary Procedures.
12. RULE 12 - RECORD OF MEETINGS
This section was relocated from Section 9 of the current Bylaws. This section is consistent with the current Bylaws.
13. RULE 13 - SUBCOMMITTEES
This section was relocated from Section 10 of the current Bylaws. This section has been revised to require that the subcommittee have a minimum of 2 members and clarify that the Subcommittee is still subject to the Planning Commission and subject to the commission’s authority, direction, and rules.
14. RULE 14 - PARLIAMENTARY PROCEDURE
This section was relocated from Section 11 of the current Bylaws. This section is consistent with the current Bylaws.
15. RULE 15 - RESIGNATION
This section was relocated from Section 13 of the current Bylaws. This section is consistent with the current Bylaws.
16. RULE 16 - ADOPTION AND AMENDMENT OF RULES AND PROCEDURES This section was relocated from Section 14 of the current Bylaws. This section is revised to include the requirement that upon adoption or amendment of the Bylaws by the Planning Commission the Bylaws shall be presented to the City Council for adoption.
Subsequent Staff Changes to the Bylaws
Following approval by the Planning Commission, the Bylaws were reviewed by the City of Oxnard Attorney’s Office. As a result of that review, staff is recommending minor changes to Rules 2, 5, 6, and 7 to address minor clean ups and possible conflict with other legal requirements, such as the Brown Act. The redlines of these changes are provided in Attachment 3. As shown many of the changes are minor changes in nature and do not alter the substance of the proposed Bylaws. Two changes that do result in substantive changes are in Rule 6.B.1 and Rule 7.B.1.
Under Rule 6.B.1, staff recommends the following change:
“No member of the public shall engage in conduct that disrupts, disturbs, or impedes the Commission meeting's orderly conduct. Such behavior may include making loud, threatening, abusive, personal, impertinent, or profane remarks. The Chair or a majority of the Commission present members may order any person who engages in such to be silent. If such an order is given, such person shall may be barred from further communication with the Commission during that meeting or be required to leave the meeting room.”
Under Rule 7.B.1, staff is recommending the following change:
1. “The Commission encourages the public to prepare and send written communications that may assist the Commission in its deliberations on an item. The correspondent shall is requested to provide fifteen copies, no larger than page size 11x17 of all written material for members, the recording secretary, staff, file, and the public with the below specifications:
a. Font Size: Minimum 12-point font.
b. Spacing: Single
52 c. Page Limitation (double-sided equivalent):
i. 3 days prior to meeting by 5:00 P.M.: 5 pages maximum, including exhibits ii. Between 3 days prior to meeting at 5:00 P.M. to the meeting: 1 page maximum, including exhibits”
Both of these edits are requested to address the potential conflicts with the Brown Act, as it has the potential to limit the public's ability to participate in the public process before the Planning Commission.
STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.
FINANCIAL IMPACT
There is no financial impact associated with the approval of the Planning Commission Bylaws.
Prepared by: Joe Pearson II, AICP, Planning & Environmental Services Manager
ATTACHMENTS
1. Current Bylaws Approved July 18, 2019
2. Proposed Bylaws Recommended by Planning Commission August 19, 2021
3. Proposed Bylaws with Staff Recommendations
4. Presentation
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55 56
57 58
59 60
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69 70
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ProposedBylawswithStaff Recommendations
Toadopt rulesandproceduresof thePlanningCommissionpursuant toSectionAof RuleXIVof theseCommissionrulesintheCityof Oxnard.
Resolvedthat theRulesandProceduresof theThePlanningCommissionof theCityofOxnardresolvestoadopt thefollowingrulesandproceduresshall be:RULE1TITLEA. Theofficial titleof thisCommissionshall be“PlanningCommissionof theCityofOxnard, California”.RULE2PREFACEA. ThePlanningCommissionshall adopt writtenrulesandregulationsastothetime, placeanddateof itsregularmeetingsandshall adopt suchrulesandregulationsasit deemsnecessarytoconduct itsbusinessincludingrulesofprocedure. Suchrulesandregulationsshall not beinconsistent withthelawsoftheStateof Californiaorwiththeordinances, resolutions, orregulationsof theCityof Oxnard. Theserulesandproceduresarepreparedtoservethispurpose.TheCityCouncil of theCityof OxnardestablishedthePlanningCommissionandgrantedtoit responsibilitiesintheareaof landuse, redevelopment issues, andplanningpermit decisions. Theserulesandproceduresareintendedtoassist andbeusedbythePlanningCommissioninperformingitsdutiesandconductingitsmeetings. If aconflict arisesbetweentheserulesandproceduresandtheCityofOxnardMunicipal CityCode, theCodeshall control.RULE3GENERALPROVISIONSA. ThePlanningCommissionof theCityof Oxnard(hereinafterintheserulesreferredtoasthe"Commission") adoptsthefollowingrulesandprocedurestogoverntheconduct of itsmeetings.B. Uponappointment:1. Eachmemberof theCommissionshall receiveacopyof theserulesandprocedures, anduponamendment.2. Eachmembershall receiveacopyof theRobert’sRulesof Order, NewlyRevised.3. Eachmembershall receivetrainingontheRalphM. BrownAct. 73 ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page2of 10 RULE4MEETINGSA. Callingof Meetings1. TheCommissionshall regularlymeet onthefirst andthirdThursdayofeachmonth. Theregularmeetingshall commenceat 6:00p.m. intheCityCouncil Chambers, andasmaybeallowedbyStatelaw.2. TheCommissionshall approveanannual calendarintheprioryear.3. Special meetingsshall becalledandconvenedbytheChairormajorityofthemembersasprovidedbyRule5.4. TheRalphM. BrownAct shall governall meetingsof theCommission.B. NoticeforMeetings1. TheCommissionmeetingsshall complywithOrdinanceNo. 2948(SunshineOrdinance), andthelegislativebodyandpublicshall havetheagendaandattachmentsavailable7daysbeforetheregularmeeting.RULE5MEETINGANDHEARINGPROCEDURESA. Ingeneral1. Meetingsandhearingsof theCommissionshall becalledtoorderandpresidedoverbytheChairor, intheChair'sabsence, bytheVice-Chairtocarryout suchduties.2. Meetingsandhearingsof theCommissionshall beopentothepublicunlessclosedundertheCommission’sCounsel direction.3. Anymeetingorhearingof theCommissionthat isopentothepublicshallbeopentocoveragebytelevisionbroadcast, onlinethroughthecitywebsite,andYouTubechannel.4. Nopersonotherthanamemberof theCommissionorcitystaff maystandinorbeseatedat theCouncil Chambers' daisareaunlesstheChairdeterminesotherwise.B. Quorum1. Aquorumof theCommissionshall befourmembers.2. Aquorumshall bepresent inorderfortheCommissiontoconduct business.3. Absenceof aquoruma. Intheabsenceof aquorumat anymeeting, suchmeetingshall beadjournedtothenext regularmeetingdatebytheChair, majorityofmemberspresent, orstaff.b. Ameetingmaybedeclaredadjournedforabsenceof aquorumaftera15-minuteperiodhaselapsedfromthescheduledtimeof thestart ofthemeeting.c. Ameetingmayalsobedeclaredadjournedinadvanceif theabsencenotificationsreceivedbystaff providedfortheabsenceof aquorum.d. Adjournment maybedeclaredbytheChair, Vice-Chair, orstaff. 74 ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page3of 10
4. Exceptiontoabsenceof quorumbecauseof abstentionsduetoaconflict ofinterest:a. If all Commissionersarepresent andif enoughCommissionersabstainduetoaconflict of interest soastoloseaquorum, theCommissionshall exercisetheruleof necessitytoregainaquorum.b. OtherwisedisqualifiedCommissionersshall bechosenbylot until aquorumisreached.c. TheCommissionerssochosenshall continuetoparticipateinthatmatteruntil itsconclusion.C. Voting1. NovotemaybeconductedonanyitembeforetheCommissionunlesstheCommission'srequisite(4) numberof membersispresent.2. Novotebyanymemberof theCommissiononanyitemmaybecast byproxy.3. UnlessotherwisespecifiedbyStatelaw, anaffirmativevoteof amajorityofthememberspresent andeligibletovoteshall takeactiononanyitems.4. If anyitemfailstoreceiveamajorityvote, it will beconsidereddeniedorrecommendedfordenial.D. Meetingprocedures1. TheChairshall call themeetingtoorderandannouncethedate, time, andmeetingtype.2. EachCommissionmeetingshall includepreliminaryitems, suchas"RollCall" and"Pledgeof Allegiance."3. Eachmeetingshall haveatimeforthepublictospeakentitled"PublicCommentsonitemsnot ontheAgenda." Thepublicwill alsobeallowedtospeakonall itemslistedontheagenda.4. WhentheChaircallsforpubliccommentsduringaregularmeeting, thepublicmembermayaddresstheCommissiononmatterswithintheCommission'ssubject matterjurisdictionandthat donot appearontheagendaasalisteditem.5. WhentheChaircallsforpubliccommentsduringaspecial meeting, thepublicmembermayaddresstheCommissiononmatterswithintheCommission'ssubject matterjurisdictionandthat onlyappearontheagendaasalisteditem.6. Eachmemberof thepublicisallowedaminimumof three(3) minutestospeak, but additional timemaybegrantedbytheChairormajorityof themembers.7. TheCommissionshall not takeactiononanyitemnot appearingontheagendaunlesstheactionisauthorizedbytheRalphM. BrownAct.
E. Consent Agenda1. Thisportionof theagendashall includeminororroutineitems, whetherpreviousmeetingminutes, orothermatters. 75 ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page4of 10
2. Whentheconsent portionof theagendaiscalled, theChairshall askthemembersif theyhavequestionsorif adiscussionisrequired. Staff mayrespondtoroutineinquiriesfrommembersof theCommissionconcerningitemsontheconsent agenda. If therearesubstantial questionsbymembersof theCommission, anitemmayberemovedfromtheconsent agendaandconsideredseparately.3. Anymemberof theCommissionmaymovethat amatterontheconsentagendaberemovedfromtheconsent agendaandbeconsideredseparately.F. ExParteDeclarationsforPublicHearingItems1. Commissionersarediscouragedfromsuggestinganychangetoanyprojecttotheapplicant orstaff beforetheproject isconsideredbytheCommissionasawhole.2. Toensurethat all Commissionersreceivethesameinformationrelativetoaproject that will bereviewedbytheCommission, thirdpartycontactsarediscouraged.3. ThebelowshouldbedisclosedbytheCommissionerat theCommissionemeetingpriortotheitembeingconsidered:a. ExParteCommunicationsb. SiteVisitsc. Conflict of Interestd. Financial ImpactsG. ContinuedPublicHearings1. Acontinuedpublichearingshall beresumedat thepoint of thepublichearingat whichsuchmatterwascontinued. If thepublictestimonyportionof thepublichearinghadbeenclosed, publictestimonymaybereopeneduponamotionandsecondthat isthenapprovedbyavoteof theCommission.H. NewPublicHearings1. Shall beconductedasoutlinedinRule6.I. PlanningManager/Staff Comments1. ThisportionisanopportunityforthePlanningManagerorstaff toprovideupdatesonupcomingitems, past items, studysessions, andotherannouncements.J. CommissionerComments1. Duringthisportionof theagenda, membersof theCommissionmaymakeabrief announcement, report ontheiractivities, orrequest anitembeplacedontheagendaforfutureconsideration.K. Adjournment1. Commissionmeetingsshall adjournby10:00p.m. unlessextendedassetforthinthenext subsection.2. If amotiontoextendthemeetingafter10:00p.m. ispassedbyat leasttwo-thirdsof themembersof theCommissionwhoarepresent andeligibletovoteuponsuchmotion, theCommissionmayhearandconsideranymatterontheagendaafter10:00p.m. 76 ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page5of 10 RULE6CONDUCTOFPUBLICHEARINGA. Purpose1. TheCommissionisapublicagencywithlanduseplanninganddecision-makingduties. It isthepolicyof theCommissiontoencouragefreeandopendiscussionof issuesonaCommissionmeetingagenda, but alsotoensurethat theCommissioncompletestheagendainatimelymannerandinaprocessthat accordscourtesyandrespect toall participants.B. DisruptivePublicSpeakers1. Nomemberof thepublicshall engageinconduct that disrupts, disturbs, orimpedestheCommissionmeeting'sorderlyconduct. Suchbehaviormayincludemakingloud, threatening, abusive, personal, impertinent, orprofaneremarks. TheChairoramajorityof theCommissionpresentmembersmayorderanypersonwhoengagesinsuchtobesilent. If suchanorderisgiven, suchpersonshall maybebarredfromfurthercommunicationwiththeCommissionduringthat meetingorberequiredtoleavethemeetingroom.2. Anypersonmakingaverbal orwrittenthreat of violenceagainst anycommissioner, staff, oraudiencemembershall bereferredtotheOxnardPoliceDepartment forinvestigationof makingterrorist threatsandpossibleenforcement of aGunViolenceRestrainingOrder, GVRO.C. PublicHearingProcedure1. UnlessotherwisedirectedbytheChair, theorderof presentationofevidenceortestimony, oral andwritten, onanypublichearingitemshall beasfollows:a. TheChairopensthepublichearing.b. Staff makesabrief presentation, includingasummaryof theitem, ananalysisof theissues, andarecommendation.c. Introductionof applicant andparticipants.d. If present, theapplicant maymakeapresentation(of 15minutesunlessextendedbymajorityvote) andshall beavailableforquestionsfromtheCommission. TheCommissionmayproceedwhetherornotanapplicant ispresent.e. Membersquestionbothstaff andapplicant(s).f. TheChairinvitespublictestimony.g. Staff andapplicant(s) respondtopublictestimony.h. Chaircloseshearingtopublictestimony.i. Membersdeliberateandvoteontheitem.
D. Oral Testimony1. All oral testimonyreceivedat meetingsof theCommissionshall bedirectedtotheChair. All oral testimonyfromonepersonshall belimitedtothree 77 ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page6of 10 minutes, provided, however, that theChairmaygrant additional timetoanapplicant, anappellant, astaff member, aconsultant totheCity, arepresentativeof aneighborhoodcouncil, orarepresentativeof anotherpublicagency.E. DebateandQuestions1. TheChairshall not allowdebateamongmembersof thepublic. Anypersonwishingtodirect aquestiontoanotherpersonshall submit suchquestiontotheChair, whomay, at hisorherdiscretion, askthequestion. TheChairmayprohibit amemberof thepublicfromspeakingonanissuemorethanonceduringanyhearing.F. Rulesof Evidence1. PublichearingsheldbytheCommissionneednot beconductedaccordingtotherulesof evidencecontainedintheCaliforniaEvidenceCode. Thefollowingrulesof evidenceshall apply:a. TheCommissionmayconsideranyevidencethat isthesort ofevidencethat responsiblepersonsareaccustomedtorelyinguponintheconduct of seriousaffairs.b. All evidenceshall bedirectlyrelatedtotheitemunderconsideration.c. PersonstestifyingbeforetheCommissionshall beencouragedtosubmit theirtestimonyandcommentsinwritingfortherecord.RULE7COMMUNICATIONSANDREPORTSOFTHECOMMISSIONA. InformationprovidedbyStaff1. Customarily, staff reportsandotherinformationrelatedtoaregularmeetingshall beprovidedtotheCommissionontheMondayprecedingaThursdaymeeting.2. Staff mayprovidetheCommissionwithsupplemental informationclosertothetimeof orat ameeting, andtheagendaitemneednot becontinued.3. AsprovidedinGovernment Codesection54957.5, agendas, staff reports,supplemental information, andotherwritingsdistributedtoall, oramajority, of themembersof theCommissioninconnectionwithamattersubject todiscussionorconsiderationat aCommissionmeetingshall bemadeavailableforpublicinspectionorcopyingwithout delay, unlesssuchwritingsareexempt bylawfrompublicdisclosure.B. WrittenCommunicationsfromthePublic1. TheCommissionencouragesthepublictoprepareandsendwrittencommunicationsthat mayassist theCommissioninitsdeliberationsonanitem. Thecorrespondent shall isrequestedtoprovidefifteencopies, nolargerthanpagesize11x17of all writtenmaterial formembers, therecordingsecretary, staff, file, andthepublic. withthebelowspecifications:a. Font Size: Minimum12-point font.b. Spacing: Single 78 ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page7of 10 c. PageLimitation(double-sidedequivalent):i. 3dayspriortomeetingby5:00P.M.: 5pagesmaximum,includingexhibitsii. Between3dayspriortomeetingat 5:00P.M. tothemeeting: 1pagemaximum, includingexhibits2. TheCommissionshall refertostaff all suchwrittencommunications,includinge-mails, regardingasubject ormatter, not appearingontheagenda.RULE8ELECTIONANDDUTIESOFOFFICERSA. Electionof theChairandVice-Chair1. Officersof theCommissionshall consist of achairandvice-chair.2. Electionswill beheldduringthefirst regularmeetingof theCommissionheldineverycalendaryearorduringthefirst regularmeetingafterappointment of themembersof theCommissionbytheCityCouncil.3. Themembersof theCommissionshall elect onememberasChairandanotherasVice-Chair, toserveforoneyearoruntil asuccessorisappointed, unlesseitherisearlierremovedfromsuchpositionsbyamajorityvoteof themembersof theCommissionorbytheCityCouncil.4. Selectionof ChairandVice-Chaira. TheChairwill opennominationsforChair.b. Afterall nominations, theChairwill closenominations.c. TheCommissionClerkwill performaroll call of themembers.d. If therearemultiplenominees, eachmemberwill votebystatingtheirchoiceforChairorabstain. Asinglenominationwill beaYes, No, orabstainvote.e. At theconclusion, thenewChairwill assumeall dutiesandconducttheVice-Chairselection.5. TheChairshall presideat all regularandspecial meetings, re-ordertheagendaasnecessary, call special meetings, jointlyset meetingagendaswithstaff, andrepresent theCommissionat meetingsof theCityCouncil, otherpublicagencies, andat civicevents. TheChairisalsoresponsibletoforsigningresolutionsadoptedbytheCommissionandverifyingtheaccuracyof thecontents.6. Vacancyof anOfficea. If avacancyoccurspriortothenext annual election, aspecial electionshall beheldtofill thevacant officefromamongthemembership.b. That membershall serveuntil thenext regularlyscheduledelection.7. Intheabsenceof theChair, theVice-Chairshall performthedutiesof theChair.8. Intheabsenceof boththeChairandVice-Chair, theimmediatepast chairshall presideat themeeting. If theimmediatepast chairisnot present, the 79 ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page8of 10 most seniormemberof theCommissionshall performthedutiesof theChair.9. Aremoval of anelectedofficerneedstohaveamotionandasecondtobeplacedonthenext meeting’sagenda.a. Thechairorvice-chairmayberemovedbyatwo-thirdsmajorityvoteof theCommissionat aregularlyscheduledmeetingof theCommission, whenall appointedmembersarepresent.b. Anyofficerremovedceasestoholdtheofficeoncethevotehasbeentalliedandannounced.
RULE9SEATINGARRANGEMENTA. Theseatingarrangement fortheCommissionshall beasfollows:1. TheChairshall beseatedinthemiddleof thedais. TheVice-Chairshall sitimmediatelytotheChair'sright.2. TheseniormemberontheCommissionwill sit immediatelytotheChair'sleft.3. TheCommissionmemberswill sit insenioritywiththenewest memberseatedonthefarright of theChair.4. Whenamemberof theCommissionleavestheCommission, thememberswill closethegapbasedonsenioritytowardstheChair, andthenewlyappointedmemberisseatedonthefarright of theChair.
RULE10RESTRICTIONONREPRESENTATIONA. Nomemberof theCommissionshall purport torepresent orspeakonbehalf oftheCommissionwithout obtainingtheconsent of theCommissionintheformofamotionpassedat aregularorspecial meetingof theCommission.
RULE11CONDUCTOFCOMMISSIONMEMBERSA. All Commissionmembersareexpectedtoconduct themselvesrespectfullywhileonthedais.B. MembersareexpectedtobeactivelyengagedduringmeetingsandworkcooperativelywithotherCommissionmembers.C. Membersareexpectedtonot engageinsideconversationsortobeonpersonalmobiledeviceswhileonthedais. 80 ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page9of 10 D. Membersareexpectedtorespect fellowCommissioners' timeandwait toberecognizedbytheChairbeforespeaking.E. MembersaretobefamiliarwiththeParliamentaryProceduresinRule14.
RULE12RECORDOFMEETINGSA. Aminuterecordof all proceedingsbeforetheCommissionshall bepreparedandpreservedbystaff.B. Minutesshall bepreparedintheformandformat prescribedbytheCityCouncilforcitizenadvisorygroups.C. All reportsandwrittencommunicationsdirectedtotheCommissionshall bemadeapart of thepermanent recordof theCommission.D. All motionsconsideredbytheCommissionshall berecordedwhethertheypassorfail.E. Membersof theCommissionwishingtohavespecificcommentsregardinganitemreflectedintheminutesandpreservedfortherecordshall state, priortomakingacomment, that thecomment is"fortherecord."F. Draft minutesof meetingsshall bepresentedbytherecordingsecretarytotheCommissionforcorrectionandapproval assoonaspractical.
RULE13SUBCOMMITTEESA. Withtheapproval of amajorityof theCommissionmembers, theChairmayappoint aminimumof 2membersof theCommissiontosubcommitteestomakerecommendationstothefull CommissiononlandusepolicymattersorsuchothermattersastheChairmaydeemappropriate.B. Eachsubcommitteeisapart of theCommissionandissubject totheCommission'sauthority, direction, andrules.
RULE14PARLIAMENTARYPROCEDUREA. Inconductingmeetings, theChairshall beguidedby, but isnot requiredtostrictlyadhereto, Robert'sRulesof Order, NewlyRevised.RULE15RESIGNATION 81 ResolutionNo. 2021-21: PlanningCommissionRulesandProcedures(Bylaws)PlanningCommissionHearingDate: August 19, 2021Page10of 10 A. Anymemberof theCommissiondesiringtoresignfromtheCommissionshallsubmit awrittenresignationtotheCityClerk.RULE16ADOPTIONANDAMENDMENTOFRULESANDPROCEDURESA. PlanningCommissionAdoptionandAmendment1. Theserulesandproceduresshall beadoptedandmaybeamendedat anyregularmeetingof theCommissionbyamajorityof themembersof theCommission, providedthat theamendment hasbeensubmittedinwritingat apreviousmeeting.B. CityCouncil AdoptionandAmendment1. Uponadoptionoramendment bythePlanningCommission, suchrulesandproceduresshall besubmittedtotheCityCouncil forreview. TheCityCouncil shall havethepowertoapprove, disapprove, ormodifysaidrulesandprocedures, asit deemsnecessary.
PASSED, APPROVED, ANDADOPTEDbythePlanningCommissionof theCityof Oxnardonthis19thdayof August 2021. _______________________________________RonaldArruejo, ViceChairI herebycertifythat theforegoingisatruecopyof aResolutionadoptedbythePlanningCommissionof theCityof Oxnardat ameetingheldthis19thdayof August 2021, andcarriedbythefollowingvote:AYES: Commissioner(s): ViceChairArruejo, Connelly, Lopez, Meyer, Nash,SanchezNOES: Commissioner(s):ABSENT: Commissioner(s): ChairChavezABSTAIN: Commissioner(s):RECUSED: Commissioner(s):
_______________________________________Scott Kolwitz, Secretary 82 Revision to the Planning Commission Rules
and Procedures (Bylaws)
Jeff Pengilley, Community Development Director
Joe Pearson II, AICP, Planning & Environmental Services Manager Community Development Department
Finance and Governance Committee
October 24, 2023
83 BACKGROUND
• The Planning Commission Bylaws establish the Rules and Procedures for the Planning Commission, including, but not limited to, the purpose of the organization, who are its members, how officers are elected and resign, how meetings are conducted, communication protocols, and rules of conduct. • The Planning Commission’s Rules and Procedures (Bylaws) were last revised and adopted on July 18, 2019.
• On April 15, 2021, the Planning Commission requested staff to place a Study Session to discuss the process for updating the Planning Commission Bylaws.
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BACKGROUND (CONTINUED)
• The Planning Commission has the ability to change their Bylaws provided that the Bylaws are consistent with the Planning Commission's Duties as outlined within the current Bylaws.
• The Rules and Procedures (Bylaws) Subcommittee was created by the Planning Commission on May 20, 2021. The subcommittee met five times between the Planning Commission meetings starting June 3, 2021, through August 5, 2021.
• On August 5, 2021, the subcommittee moved to approve a resolution to adopt the Rules and Procedures of the Planning Commission and to report to the Planning Commission on August 19, 2021.
• On August 19, 2021, the Planning Commission voted 6-0, with one commissioner absent to approve Resolution 2021-21, establishing the rules and procedures for the conduct of Planning Commission meetings subject to approval by the City Council.
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ANALYSIS/DISCUSSION
• The proposed Bylaws are a comprehensive update intended to update the Bylaws to reflect current best practices and current procedures of the Planning Commission, including those imposed by Measure M. • The update also reorganizes the Bylaws into a more formalized layout. 4 86
ANALYSIS/DISCUSSION (SUMMARY OF CHANGES)
• RULE 1 - TITLE
This new section was added to establish the official title of the Commission as the “Planning Commission of the City of Oxnard, California” • RULE 2 -PREFACE
This new section was added to establish the purpose and intent of the proposed Bylaws.
• RULE 3 - GENERAL PROVISIONS
The proposed Bylaws adds the requirement that in addition to the Bylaws, each new Commission receive a copy of Robert’s Rules of Order, Newly Revised, and training on the Ralph M. Brown Act. The section also adds the language that the Planning Commission adopts the Bylaws to govern the conduct of its meetings. All other requirements are consistent with the current Bylaws.
5 87
ANALYSIS/DISCUSSION (SUMMARY OF CHANGES)
● RULE 4 - MEETINGS
This section was relocated from Section 2 of the current Bylaws. The proposed Bylaws formalizes the requirement to approve an annual calendar in the prior year. It also adds the requirements of the City’s Sunshine Ordinance, which requires that the legislative body and public shall have the agenda and attachments available 7 days before the regular meeting. All other requirements are consistent with the current Bylaws. ● RULE 5 - MEETINGS AND HEARING PROCEDURES
The section has been revised to address the following:
○ Set the general requirements for each public hearing, including who is responsible for presiding over the meeting and accessibility of meetings in person and virtually. ○ Adds new procedures for what to do in the absence of a quorum due to absences. ○ Adds procedural requirements for establishing a quorum when the absence of a quorum is a result of abstentions due to conflicts of interest.
○ Incorporate the standard public meeting procedures, including rules for public comments, such as incorporating the three (3) minute minimum time limit as required by Measure M. ○ Clarity that the approval of minutes shall occur under the consent agenda. ○ Provide rules and procedures for Ex Parte Declarations for Public Hearings. ○ Change the adjournment time from 11:00 p.m. to 10:00 p.m. unless extended by two-thirds of the Planning Commission present and eligible.
6 88
ANALYSIS/DISCUSSION (SUMMARY OF CHANGES)
● RULE 6 - CONDUCT OF PUBLIC HEARING
The purpose section was added to reflect the goals and purpose of the Planning Commission, as it relates to creating an open and public meeting. Paragraph two of section B was added to allow for those making a threat of violence to be referred to the Oxnard Police Department. Section C has been updated to incorporate current practices. The primary changes include allowing for a 15-minute presentation by applicant teams and allowing for both the staff and applicants to respond to public testimony.
● RULE 7 - COMMUNICATIONS AND REPORTS OF THE COMMISSION Section B was revised to add limitations on font size, spacing, and page limits on written materials submitted for public comment. However, after further review by the City Attorney’s Office, staff is recommending the removal of those restrictions due concerns over potential conflicts with the Brown Act.
● RULE 8 - ELECTION AND DUTIES OF OFFICERS
The section has been revised to include rules and procedures for the election of Chair and Vice-Chair. The section also has been revised to include procedures for unanticipated vacancy which allows for the Planning Commission to vote in a replacement, who would serve until the next regular election. Language has also been added to establish protocols for what to do in the event both the Chair and Vice-Chair are absent. Lastly, procedures for the removal of an elected officer by at least a two-thirds vote of the Planning Commission when all members are present. 7 89
ANALYSIS/DISCUSSION (SUMMARY OF CHANGES)
• RULE 9 - SEATING ARRANGEMENT
This section was relocated from Section 12 of the current Bylaws. The section is generally consistent with the current Bylaws but have been revised to base the seating arrangement for all members except for the Chair and Vice-Chair to be based on Seniority. • RULE 10 - RESTRICTION ON REPRESENTATION
This section was relocated from Section 8 of the current Bylaws. This section is consistent with the current Bylaws.
• RULE 11 - CONDUCT OF COMMISSION MEMBERS
This new section was added to establish the expectations for the decorum of the Planning Commission and require that they are familiar with the Parliamentary Procedures. • RULE 12 - RECORD OF MEETINGS
This section was relocated from Section 9 of the current Bylaws. This section is consistent with the current Bylaws.
8 90
ANALYSIS/DISCUSSION (SUMMARY OF CHANGES)
• RULE 13 - SUBCOMMITTEES
This section was relocated from Section 10 of the current Bylaws. This section has been revised to require that the subcommittee have a minimum of 2 members and clarify that the Subcommittee is still subject to the Planning Commission and subject to the commission’s authority, direction, and rules.
• RULE 14 - PARLIAMENTARY PROCEDURE
This section was relocated from Section 11 of the current Bylaws. This section is consistent with the current Bylaws.
• RULE 15 - RESIGNATION
This section was relocated from Section 13 of the current Bylaws. This section is consistent with the current Bylaws.
• RULE 16 - ADOPTION AND AMENDMENT OF RULES AND PROCEDURES This section was relocated from Section 14 of the current Bylaws. This section is revised to include the requirement that upon adoption or amendment of the Bylaws by the Planning Commission the Bylaws shall be presented to the City Council for adoption. 9 91
SUBSEQUENT STAFF CHANGES
Following approval by the Planning Commission, the Bylaws were reviewed by the City of Oxnard Attorney’s Office. As a result of that review staff is recommending minor changes to address minor clean ups and possible conflict with other legal requirements, such as the Brown Act. The redlines of these changes are provided in Attachment 3 of the Staff Report. Many of the changes are minor changes in nature and do not alter the substance of the proposed Bylaws. T wo changes that do result in substantive changes are in Rule 6.B.1 and Rule 7.B.1.
Under Rule 6.B.1, staff is recommending the following change:
“No member of the public shall engage in conduct that disrupts, disturbs, or impedes the Commission meeting's orderly conduct. Such behavior may include making loud, threatening, abusive, personal, impertinent, or profane remarks. The Chair or a majority of the Commission present members may order any person who engages in such to be silent. If such an order is given, such person shall may be barred from further communication with the Commission during that meeting or be required to leave the meeting room.” 10 92
SUBSEQUENT STAFF CHANGES (CONTINUED)
Under Rule 7.B.1, staff is recommending the following change:
1. “The Commission encourages the public to prepare and send written communications that may assist the Commission in its deliberations on an item. The correspondent shall is requested to provide fifteen copies, no larger than page size 11x17 of all written material for members, the recording secretary, staff, file, and the public with the below specifications:
a. Font Size: Minimum 12-point font.
b. Spacing: Single
c. Page Limitation (double-sided equivalent):
i. 3 days prior to meeting by 5:00 P .M.: 5 pages maximum, including exhibits ii. Between 3 days prior to meeting at 5:00 P .M. to the meeting: 1 page maximum, including exhibits”
Both of these edits are requested to address the potential conflicts with the Brown Act, as it has the potential to limit the public's ability to participate in the public process before the Planning Commission.
11 93
FINANCIAL IMPACT
• There is no Financial Impact associated with the approval of the Planning Commission Bylaws.
12 94
RECOMMENDATION
• That the Finance & Governance Committee recommend that the City Council approve the Planning Commission's proposed revisions to the Planning Commission Rules and Procedures (Bylaws) with staff’s recommended changes.
13 95
End of Presentation
96