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HomeMy WebLinkAbout05/03/2011 14 Yakima City Planning Commission Bylaws BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON • AGENDA STATEMENT Item No. For Meeting of: May 3, 2011 ITEM TITLE: Consideration of 'a Resolution Adopting a set of Bylaws for the Yakima City Planning Commission.' SUBMITTED BY: Joan Davenport, Acting Director, Community & Economic Development CONTACT PERSON / TELEPHONE: Bruce Benson, Acting Planning Mgr., 575 -6042 SUMMARY EXPLANATION: At their regularly scheduled meeting held on March 9, 2011, the Yakima City Planning Commission reviewed and approved a draft of a set of bylaws which establish the rules and procedures under which the Planning Commission executes their duties and functions as set forth in Chapter 1.42 of the Yakima Municipal Code. Resolution X Ordinance Other (Specify) Bylaws e l Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: '— City Manager STAFF RECOMMENDATION: Approve the resolution adopting bylaws for the Yakima City Planning Commission. BOARD RECOMMENDATION: On March 9, 2011 the Commission recommended the adoption of the proposed set of bylaws. COUNCIL ACTION: • • RESOLUTION NO. R -2011- A RESOLUTION Establishing a set of bylaws • for the City of Yakima's Planning Commission. • WHEREAS, the City of Yakima's Planning Commission conducts open record public hearings and makes recommendations to the Yakima City Council on important land use issues involving amendments to Yakima's Comprehensive Plan and Urban Area Zoning Ordinance; and WHEREAS, on March 9, 2011 the City of Yakima's Planning Commission reviewed and adopted a set of bylaws; and WHEREAS, these bylaws establish the rules and procedures under which the City of Yakima's Planning Commission (YPC or Commission) executes those duties and functions set forth in Chapter 1.42 of the Yakima Municipal Code); and WHEREAS, The Yakima City Council deems it to be in the best interests of the City of Yakima that this set of bylaws be adopted by resolution, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: • The bylaws for the Yakima City Planning Commission as attached hereto and by reference made a part hereof are hereby adopted as the bylaws of the City of Yakima's Planning Commission. ADOPTED BY THE CITY COUNCIL this 3rd day of May, 2011. . Micah Cawley, Mayor • ATTEST: City Clerk . ••• S CITY OF YAKIMA NNING COMMISSION BYLAWS (Adopted by the City of Yakima Planning Commission on March 9, 2011) • SECTION I: GENERAL RULES AND PROCEDURES These Bylaws establish the rules and procedures under which the City of Yakima Planning Commission (YPC or Commission) executes those duties and functions set forth in Chapter 1.42 of the Yakima Municipal Code. I. COMPOSITION OF THE COMMISSION, TERMS, OFFICERS, AND STAFF A. The City of Yakima Planning Commission shall consist of seven members appointed by the Mayor and confirmed by the City Council. The term of office for the initial members appointed to the Commission shall be designated from one to six years in such a manner as to provide that the fewest possible terms will expire in any one year. Thereafter the term of office for each appointive member shall be six years. • B. The members of the Commission shall be selected without respect to political affiliation. C. No person shall serve more than two consecutive six -year terms, provided that a person who is appointed to fill an unexpired term of less than two year is eligible to serve two successive six -year terms; and provided further, a person who is ineligible to serve for having served two consecutive terms may again serve after two years have elapsed from the end of the second such term. D. The Commission will, by majority vote, elect a Chair and Vice Chair at the first meeting of each year who will serve throughout that year. The Chair will serve no more than two consecutive years. The Chair: 1. Decides all points of order and procedural matters subject to rules and bylaws. 2.. May appoint committees as necessary to investigate and report on matters before the Commission. In cases where the Chair is absent the Vice Chair will serve in their place and will have the same powers and duties. E. Commission Staff assistance shall be provided by the Department of Community and Economic Development with additional assistance and information to be provided by other City departments and consultants as may be necessary to aid the Commission in carrying out its duties and responsibilities under this chapter. F. The Commission members shall not receive any salary or other compensation for services rendered on the Commission, but necessary expenses actually incurred and within the budget as set by the annual budget ordinance shall be paid. G. Vacancies occurring, other than through the expiration of terms, shall be filled for the unexpired terms. Members may be removed by the Mayor with the approval of the City Council for inefficiency, neglect of duty, or malfeasance in office. Other reasons for removal may include: 1. Absence from three consecutive regular meetings or six regular meetings in a twelve -month period which shall be regarded as constituting resignation from the Commission. This information will be forwarded to the Mayor and City Council by Staff. Reinstatement may be sought through a hearing by the Commission. Excused absences (sickness, death in the family, business trips or emergencies) will not affect the member's status, except in cases of an extended illness or absence the member shall be replaced. When a member is approaching the maximum number of absences they will be notified by Staff. Verification of attendance will be based exclusively on the minutes of each meeting. 2. Participation in a legally demonstrable case involving a conflict of interest. H. No member of the Commission shall represent the. Commission in its official actions except as specifically authorized by majority vote. Commission members shall refrain from discussing or expressing opinions on matters on the Commission's agenda outside of Commission meetings except as authorized in (H) above, or on direction from the Chair. J. To avoid any conflicts of interest, no Commission member shall vote on the determination of any application or determination in which they maintain an employer /employee relationship or where they or members of their immediate family have a financial interest. K. Commission members shall not vote on any issues before the Commission unless they have been in attendance at previous deliberations on the subject or shall have the approval of the Chair contingent on the Chair's determination that the member has familiarized themselves with the subject and the minutes of any meetings where the subject was discussed. II. PROCEDURES FOR CONDUCTING REGULAR MEETINGS A. Pre - meeting 1. If there are agenda items, regular meetings will be held at 3:30 p.m. on the second and fourth Wednesdays of every month in the City Council chambers. In case of scheduling conflicts the meeting place may be changed at the discretion of the Chair with ten days advance notice given to Commission members and the public. If the designated meeting date falls on a weekend or an official holiday the meeting may be changed to a time and place as determined by the Commission at the preceding month's meeting. If such a change occurs, the regular meeting place will be posted as to the new time and place. 2. If there are no agenda items, the Chair may cancel the regular meeting after giving all Commission members and the public 24 hours advance notice. However, if a majority of Commission members express the desire to hold the meeting, it shall convene as scheduled. If the meeting is canceled, a notice to that effect will be posted at the regular meeting place at the regular time. 3. Special meetings may be called by the Chair or by a majority of Commission • members. Commission members will be given at least 48 hours advance notice of the time and place of such meetings. 2 • 4. All regular and special meetings will be open to the public and the date, place and agenda will be publicized in accordance with the Open Public Meetings Act (Chapter 42.30 RCW). The agenda for regularly scheduled meetings shall be posted and advertised 48 hours prior to the regularly scheduled meetings. 5. The order of agenda items will be determined by their order of receipt or as • Commission Staff deems appropriate. 6. Staff shall be responsible for notifying principles in each matter as specified under the rules for review procedures. B. Regular Order of Business for Meetings 1. Business will be conducted under Robert's Rules of Order except where this contradicts with the Bylaws or other special rules adopted by the Commission, which then take precedence. All issues will be decided by simple majority vote except amendments to the Bylaws, which require a vote of two- thirds of the membership. 2. Four members or 51 percent of the non - vacant membership of the Commission constitutes a quorum. Meetings without a quorum will be recessed to the earliest possible date. 3. Minutes will be taken during all Commission proceedings. Additionally, the meetings may be videotaped to further clarify the minutes. 4. The regular order of business shall be as follows: • a. Call to order b. Adoption of minutes c. Report of committees (if any) d. New business e. Old business f. Adjournment 5. The regular order of business for consideration of preliminary subdivisions, comprehensive plan amendments and rezones shall be as follows: a. The Commission Staff person shall offer a preliminary statement or Staff Report concerning the application. b. The applicant or the designated agent of the applicant presents statements in favor of the application including any relevant exhibits. c. Public comments. d. Rebuttal by all concerned parties. • e. Deliberation by Commission. 3 f. Motion for action. - g. Vote. During the course of the meeting, the above procedure may be temporarily modified by the concurrence of all parties and the Commission. 6. The Commission shall act on each application at the meeting unless the Chair or a majority of the Commission decides to defer consideration to a later . date. Requests for continuance may be granted if all parties agree. The continuance will be publicly announced by the Chair, and the matter is automatically set on the agenda for the next regularly scheduled meeting. In such a case, no further notice is required for the principles in the case. C. Post- meeting 1. ' Staff will be responsible for notifying participants as called for under rules for specific review procedures. 2. Staff will be responsible for forwarding materials, to participants as called for under rules for specific review procedures. 3. Staff will be responsible for distributing the minutes of the meeting. • • • • • 4