18 Attachment 4. Staff Report and Attachments Feb 28, 2023 Policy Committee MeetingPage 1
TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE AGENDA
FEBRUARY 28, 2023
TELECONFERENCE
5:00 PM
Rob Moore, Chair
Mathew Hudes, Vice Chair
IMPORTANT NOTICE
This meeting is being conducted utilizing teleconferencing and electronic means consistent with
Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of
emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending
or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et
seq.). Consistent with AB 361 and Town of Los Gatos Resolution 2021-044, this meeting will not
be physically open to the public and the Council will be teleconferencing from remote locations.
Members of the public can only participate in the meeting by joining the Zoom webinar (log in
information provided below).
PARTICIPATION
To provide oral comments in real-time during the meeting:
Zoom webinar. Join from a PC, Mac, iPad, iPhone or Android device: Please click this
URL to join: https://losgatosca-
gov.zoom.us/j/83046365193?pwd=ckFQUVBDWEVNZTBQZXhFbjhDL3B1QT09
Passcode: 812858. You can also type in 830 463 65193 in the “Join a Meeting” page on
the Zoom website at https://zoom.us/join.
Join by telephone. Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US
Toll. Conference code: 686100
When the Chair announces the item for which you wish to speak, click the “raise hand” feature
in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone
keypad to raise your hand. If you are participating by calling in, press #2 on your telephone
keypad to raise your hand.
When called to speak, you will be asked to provide your full name and your town/city of
residence. This identifying information is optional and not a requirement for
participation. Please limit your comments to three (3) minutes, or such other time as the Chair
may decide, consistent with the time limit for speakers at a Council Policy Committee meeting.
If you wish to speak to an item or items on the Consent Calendar, please state which item
number(s) you are commenting on at the beginning of your time.
If you are unable to participate in real-time, you may email to PublicComment@losgatosca.gov
the subject line “Public Comment Item #__ ” (insert the item number relevant to your
comment). Comments received by 11:00 a.m. the day of the meeting will be reviewed and
distributed before the meeting. All comments received will become part of the record.
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ATTACHMENT 4
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RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow
the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
· Addressing the Committee without first being recognized;
· Interrupting speakers, Committee Members, or Town staff;
· Continuing to speak after the allotted time has expired;
· Failing to relinquish the microphone when directed to do so;
· Repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another
speaker. Disruption of the meeting may result in a violation of Penal Code Section 403.
MEETING CALL TO ORDER
ROLL CALL
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business
and may be approved by one motion. Any member of the Committee may request to have an
item removed from the Consent Items for comment and action. Members of the public may
provide input on any or multiple Consent Item(s) when the Chair asks for public comments on
the Consent Items. If you wish to comment, please follow the Participation Instructions
contained on Page 2 of this agenda. If an item is removed, the Chair has the sole discretion to
determine when the item will be heard.)
1. Approve Draft Minutes of the January 23, 2023 Council Policy Committee Meeting.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Policy
Committee on any matter that is not listed on the agenda. To ensure all agenda items are
heard and unless additional time is authorized by the Chair, this portion of the agenda is limited
to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers
were not able to be heard during the initial Verbal Communications portion of the agenda, an
additional Verbal Communications will be opened prior to adjournment.)
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
2. Confirm 2023 Work Plan Items for the Council Policy Committee.
3. Discuss and Provide Direction to Potentially Modify Town Council Policy 2-04: Town
Council Code of Conduct, Town Council Policy 2-05: Planning Commission Policies and
Procedures, Town Council Policy 2-11: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum, and the Commissioner
Handbook.
ADJOURNMENT
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
TOWN COUNCIL
POLICY COMMITTEE
MEETING DATE: 02/28/2023
ITEM NO: 1
DRAFT
Minutes of the Town Council Policy Committee Meeting
January 23, 2023
The Town Council Policy Committee of the Town of Los Gatos conducted a special meeting
utilizing teleconference and electronic means consistent with Government Code Section 54953,
as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19
and enabling teleconferencing accommodations by suspending or waiving specified provisions
in the Ralph M. Brown Act (Government Code § 54950 et seq.) and Town of Los Gatos
Resolution 2021-044 on Monday, January 23, 2023, at 5:00 p.m.
MEETING CALLED TO ORDER AT 5:02 P.M.
ROLL CALL
Members Present: Rob Moore, Matthew Hudes
Staff Present: Laurel Prevetti, Town Manager; Gabrielle Whelan, Town Attorney; Wendy Wood,
Town Clerk; Joel Paulson, Community Development Department Director; Jennifer Armer,
Planning Manager.
APPOINT CHAIR AND VICE CHAIR
Rob Moore was appointed Chair and Matthew Hudes was appointed Vice Chair by unanimous
vote of the Committee.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Draft Minutes of the September 17, 2022 Council Policy Committee.
2. Approve the Town Council Policy Committee Meeting Schedule for 2023.
Approved.
VERBAL COMMUNICATIONS
None.
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PAGE 2 OF 3
SUBJECT: Draft Minutes of the Council Policy Committee Meeting of January 23, 2023
DATE: February 28, 2023
OTHER BUSINESS
3. Recommend to the Town Council Modifications to Town Council Policy 2-01: Agenda
Format and Rules Regarding Town Remote Attendance for Town Boards, Commissions, and
Committees.
Laurel Prevetti, Town Manager, presented the staff report.
Opened public comment.
Cindy Walker from the Complete Streets and Transportation Committee commented in favor of
hybrid meetings for all Boards, Commissions, and Committees due to concerns regarding
Committee members being unable to attend in person and to increase the opportunity for
public participation.
Susan Burnett from the Planning Commission asked for clarification regarding the discussion
and commented in favor of in-person and video meetings, and not in support of audio only
meetings.
Closed Public Comment.
After discussion, the Committee was split with Vice Chair Hudes recommending the Council
approve the proposed changes with the exception of conducting hybrid meetings for the
Planning Commission and Finance Commission. Chair Moore requested that Council consider
the staff recommendation as well as additional information regarding the feasibility and cost of
options for audio only and audio with video hybrid meetings for all Board, Commission, and
Committee meetings.
4. Identify Future Work Plan Items for the Council Policy Committee.
Laurel Prevetti, Town Manager, presented the staff report.
Opened public comment.
None.
Closed Public Comment.
After discussion, the Committee approved the proposed 2023 Work Plan with the following
additions:
Review of Ethics and Conflict of Interest Policies.
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PAGE 3 OF 3
SUBJECT: Draft Minutes of the Council Policy Committee Meeting of January 23, 2023
DATE: February 28, 2023
Review Policies for Commission, Board, Committee, and Council Recusal.
Review the Brown Act and Council Communications with Regards to Forums such as
Democracy Tent.
Review Conflicts of Interest for Political Endorsements from Organizations Funded by
the Town.
Reexamine the Policy Committee’s Enabling Resolution.
Consider a Capital Improvement Equity Policy.
Consider a Commercial Rent Control Policy.
And the following deletions, recognizing that the other Commissions should be the
recommending body to Town Council:
Consider the Creation of a Reorganization Policy.
Potential Amendments to the Story Pole and Netting Policy.
Consider a Los Gatos Election Policy.
Consider Home Occupancy Permit Criteria and Limitations.
Discuss Guidelines for Tree Planting In-Lieu Fees When Additional Trees Would Conflict
with Maintaining Defensible Space.
Discuss Transportation Impact Mitigation Policy and Fees.
Consider the Definition of “Specialty Retail.”
Review Zoning Requirements for Banks in the Downtown District.
Continue to Consider Land Use Streamlining Modifications and Review of Items in the
Land Use Policies Binder.
The Committee asked staff to return with a revised Work Plan for review based on their input.
ADJOURNMENT
The meeting adjourned at 6:25 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
January 23, 2023 meeting as approved by the
Town Council Policy Committee.
Holly Young, Senior Management Analyst
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PREPARED BY: Holly Young
Senior Management Analyst
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE REPORT
MEETING DATE: 02/28/2023
ITEM NO: 2
DATE: February 28, 2023
TO: Council Policy Committee
FROM: Laurel Prevetti, Town Manager
SUBJECT: Confirm 2023 Work Plan Items for the Council Policy Committee
RECOMMENDATION:
Confirm 2023 work plan items for the Council Policy Committee.
REMARKS:
On January 23, 2023, the Council Policy Committee discussed a proposed 2023 Work Plan. The
Committee provided input on the proposed Plan including requesting various items be added
and deleted. The Committee asked staff to return with a revised Work Plan for review based on
the discussion (see Attachment 1).
The revised Work Plan is arranged loosely in priority order. The Work Plan also includes two
items directed by the Town Council:
An evaluation of remote participation for Boards, Committees, and Commissions later
in 2023; and
Modifications to Town Policies to address Commissioner discipline.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office (including
Economic Vitality and the Clerk Department), Community Development Department, Parks and
Public Works Department, and the Town Attorney’s Office.
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PAGE 2 OF 2
SUBJECT: 2023 Work Plan Items
DATE: February 28, 2023
FISCAL IMPACT:
There is no associated fiscal impact.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under the California Environmental Quality Act, and no further
action is required.
Attachment:
1. Revised 2023 Draft Work Plan
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ATTACHMENT 1
2023 Town Council Policy Committee Work Plan Items (Revised)
Determine Modifications to Town Policies to Address Commissioner Discipline.
Consider an Emergency Procurement Policy.
Consider Legislative Advocacy Priorities/Principles (Building from Existing Legislative
Policy).
Consider Finance Commission Recommendation to Create a Public Input and Outreach
in Labor Negotiations Policy Modeled after Menlo Park.
Consider Finance Commission Recommendation for Council Not to Engage in
Confidential Agreements with Bargaining Units that Would Prevent Disclosure that
Would Otherwise be Properly Disclosed under the Brown Act.
Review of Ethics and Conflict of Interest Policies.
Review Policies for Commission, Board, Committee, and Council Recusal.
Review the Brown Act and Council Communications with Regards to Forums, such as
Democracy Tent.
Review Conflicts of Interest for Political Endorsements from Organizations Funded by
the Town.
Consider a Capital Improvement Equity Policy.
Consider a Commercial Rent Control Policy.
Reexamine the Policy Committee’s Enabling Resolution.
Evaluate the Remote Participation Provisions for Boards, Committees, and Commissions
as Contained in the Agenda Format and Rules Policy.
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Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE REPORT
MEETING DATE: 02/28/2023
ITEM NO: 3
3
DATE: February 17, 2023
TO: Council Policy Committee
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Provide Direction to Potentially Modify Town Council Policy 2-04:
Town Council Code of Conduct, Town Council Policy 2-05: Planning
Commission Policies and Procedures, Town Council Policy 2-11: Commission
Appointments, Residency and Attendance Requirements, and Establishing a
Quorum, and the Commissioner Handbook
RECOMMENDATION:
Discuss and provide direction to potentially modify Town Council Policy 2-04: Town Council
Code of Conduct, Town Council Policy 2-05: Planning Commission Policies and Procedures,
Town Council Policy 2-11: Commission Appointments, Residency and Attendance
Requirements, and Establishing a Quorum, and the Commissioner Handbook.
BACKGROUND:
Currently the Town has a patchwork of Town Council Policies that are used to evaluate a
potential disciplinary issue with a Commissioner. The Commissioner Handbook states that for
enforcement:
If a member of a Town Board, Commission, or Committee does not follow the
Commissioner’s Handbook, the Mayor or his/her designee will counsel that member
regarding the rules and their importance to the Council and the Town (see Resolution
1999-167 and Town Council Code of Conduct Policy).
Town Council Policy 2-04: Town Council Code of Conduct has a specific disciplinary process that
has been used for Commissioners (see Attachment 1).
In addition, Town Council Policy 2-11: Commission Appointments, Residency and Attendance
Requirements, and Establishing a Quorum states the grounds for dismissal of a Commissioner
(see Attachment 2, page 7). Since this Policy does not provide a process for evaluating a policy
violation, the Town’s practice has been to follow the procedure in the Code of Conduct.
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PAGE 2 OF 3
SUBJECT: Discuss and Provide Direction on Potential Modifications to Several Council
Policies and the Commissioner Handbook
DATE: February 17, 2023
BACKGROUND (continued):
After a recent disciplinary proceeding, the Town Council asked the Council Policy Committee to
review the applicable Policies and make recommendations to improve the procedure to
discipline Commissioners.
DISCUSSION:
This agenda item provides the Policy Committee an opportunity to provide direction to staff to
improve the procedure. The Committee may want to consider the following questions in its
deliberations:
Should the discipline procedure in the Code of Conduct Policy in its entirety apply to
Commissioners?
If not, are there any elements of the discipline procedure from the Code of Conduct that
should apply? For example:
o Should the evaluation committee consist of the same members?
o Should the same Minor and Major distinction apply?
o Under what circumstances should a third party conduct an initial interview with
the subject Commissioner and report the findings to the evaluation committee?
o What discipline options should be available for Commissioners?
What other procedural steps would the Committee recommend?
What other guidance should be contained in Town Policies regarding this matter?
In addition to the above referenced Policies, the Planning Commission Policy is contained in
Attachment 3.
Based on the direction of the Committee, staff will return at a subsequent meeting with draft
language for the Committee’s review. Once the Committee has completed its work, the matter
will go before the entire Council for final consideration and action.
CONCLUSION:
Staff looks forward to the Committee’s discussion and direction. Based on the direction, staff
will return to subsequent Policy Committee meetings to review draft specific redline
modifications.
COORDINATION:
The preparation of this report was coordinated with the Town Attorney.
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PAGE 3 OF 3
SUBJECT: Discuss and Provide Direction on Potential Modifications to Several Council
Policies and the Commissioner Handbook
DATE: February 17, 2023
FISCAL IMPACT:
Potential modifications to Council Policies and the Commissioner Handbook have no fiscal
impact.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under the California Environmental Quality Act, and no further
action is required.
Attachments:
1. Town Council Policy 2-04: Town Council Code of Conduct
2. Town Council Policy 2-11: Commission Appointments, Residency and Attendance
Requirements, and Establishing a Quorum
3. Town Council Policy 2-05: Planning Commission Policies and Procedures
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ATTACHMENT 1Page 12
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ATTACHMENT 2Page 21
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Title: Planning Commission Policies and Procedures Policy Number: 2-05
Effective Date: 1983 Pages: 11
Enabling Actions: Revised Date:S/8/1985; 11/18/1987;
9/22/93;11/16/1998;4/16/2001;
12/6/2010;4/21/2015;9/20/2016;
8/20/2019
PURPOSE
This Policy is to inform Planning Commission Members of their roles, responsibilities, and
functions, as well as operating procedures for meetings.
SCOPE
Since 1983, the Town Council has adopted Planning Commission Policies and Procedures. The
Procedures address topics including the agenda format, Commissioner conduct at Planning
Commission meetings, absences, evidence outside of formal hearings, findings, voting, and other
issues. Periodically, the Town Council adopts revisions to the Procedures.
POLICY AND PROCEDURES
1. ORGANIZATION, OFFICERS, DUTIES
1.1 Organization.
The Planning Commission consists of seven voting members and shall be organized as prescribed
by Town Code Section 29. 20.750 and the Town Council. All Planning Commissioners shall be
appointed by the Town Council. Commissioners serve at the pleasure of the Town Council and
may be removed prior to the end of his or her term by a four -fifths vote of the Town Council.
1.2 Officers.
A Chairperson (hereinafter Chair) and Vice -Chairperson (hereinafter Vice Chair) shall be elected
annually from among the Commission's membership at the first meeting in January, to serve at
the pleasure of the Commission for a term of office of one year.
ATTACHMENT 3
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Page: Policy Number:
Title: Planning Commission Policies and Procedures 2 of 12 2-05
The Chair shall:
a) Preside at all meetings of the Commission.
b) Sign documents of the Commission.
c) Determine meeting schedule and agenda items consistence with state law noticing
requirements.
During the absence, disability or disqualification of the Chair, the Vice -Chair shall perform all the
duties and be subject to all the responsibilities of the Chair.
The Vice -Chair shall succeed the Chair if he or she vacates the office before his or her term is
completed and shall serve the unexpired term of the vacated office. (A new Vice -Chair shall be
elected at the next regular meeting.)
In the absence of the Chair and Vice -Chair, any other Commissioner shall call the Commission to
order whereupon a Chair pro tem shall be elected from the Commissioners present to preside.
1.3 Duties.
The functions, powers and duties of the Planning Commission shall consist of all those functions,
powers and duties of a Planning Commission as provided in Chapters 3 and 4 of Title 7,
commencing with Section 65100 of the California Government Code (Planning and Zoning Law)
and as the same may be hereafter amended. The Planning Commission shall perform such other
duties and functions as may be designated in Town Code and by the Town Council.
1.4 Support.
The Secretary of the Planning Commission is the Community Development Director or designee.
The Chair shall set the Agenda in consultation with the Secretary.
2. LEGAL AND ETHICAL STANDARDS
Planning Commissioners must serve as a model of leadership and civility to the community and
treat all members of the public, each other, and the issues before them with respect to ensure
open and effective government.
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Page: Policy Number:
Title: Planning Commission Policies and Procedures 3 of 12 2-05
To ensure the highest standards of respect and integrity during public meetings, Planning
Commissioners shall:
1. Use formal titles. The Commissioners shall refer to one another formally during
Commission meetings such as Chair, Vice Chair, Commissioner, or Mr., Mrs., or Ms.,
followed by the individual's last name.
2. Practice civility and decorum in discussions and debate. Difficult questions, tough
challenges to a particular point of view, and criticism of ideas and information are
legitimate elements of free democracy in action. This does not allow, however,
Commissioners to make abusive, slanderous, and personal comments, and/or physical
actions that could be construed as threatening. During public discussions, Commissioners
shall be respectful of others and diverse opinions, practice objectivity, and allow for the
debate of issues.
3. Honorthe role of the Chair in maintaining order and equity, and respect the Chair's efforts
to focus discussion on current agenda items. Objections to the Chair's actions should be
voiced politely and with reason.
4. Demonstrate effective problem -solving approaches. Commissioners are role models for
residents, business people, and other stakeholders involved in public debate.
5. Base decisions on the -.written evidence, arguments or testimony and decisions should
be made objectively and based upon the merits and substance of the matter at hand, not
through established coalitions or well-defined voting blocks. Judgment of decisions
should be reserved until all applicable information has been presented.
6. Be prepared and knowledgeable. To effectively lead and inform the public,
Commissioners shall be prepared and informed about issues on the agenda.
7. Be respectful of other people's time. Commissioners should stay focused, listen
attentively, and act efficiently during public meetings. During public testimony,
Commissioners should refrain from engaging the speaker in dialogue; however, for
purposes of clarification, Commissioners may ask the speaker questions. Commission
comment and discussion should commence upon the conclusion of all public testimony.
3. MEETINGS, STUDY SESSIONS, AGENDAS, AND STAFF REPORTS
3.1 Quorum and Attendance at Meetings.
A quorum to conduct business shall consist of a majority of the total number of filled seats
consistent with Town Council Resolution 2014-041. For example, if all seven Commissioners are
seated, then a quorum consists of a minimum total of four members of the Commission. A
quorum is not required for workshops.
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Page: Policy Number:
Title: Planning Commission Policies and Procedures 4 of 12 2-05
Requests by Commissioners to attend a Commission meeting via telephonic appearance are
actively discouraged. Telephonic attendance shall only be permitted in the event of
extraordinary events such as a medical, family, or similar emergency requiring a Commissioner's
absence or in the event the Commissioner is out of the area on official Town business. In
addition, at least a quorum of the Commission must participate from a location within the Town.
3.2 Public Meetings.
All meetings shall be held in full compliance with the provisions of state law, ordinances of the
Town, and these Policies and Procedures.
3.3 Regular Meetings.
Regular meetings of the Commission shall be held on the second and fourth Wednesdays of each
month in Town Council Chambers at 110 E. Main Street, Los Gatos, unless otherwise determined
by the Commission. All regular meetings of the Commission will be called to order at 7:00 p.m.,
unless advertised otherwise, canceled, or rescheduled.
The Commission with the consent of the majority of the Commission, adjourn its meetings on or
before 11:30 p.m. with any unfinished business being continued to the next regular, adjourned,
or special meeting, unless the Commission votes to extend the meeting. At approximately 11:15
p.m., the Chairperson will call for review of any remaining agenda items to consider whether they
will likely be completed by 11:30 p.m., or whether continuances should be considered. The
Secretary of the Planning Commission, or designee, will post notice of any continued hearing or
other unfinished business, as required by law.
3.4 Special Meetings.
A special meeting may be called at any time by the Chairperson of the Commission, or by a
majority of its membership on its own motion, or at the direction of the Town Council. Notice
shall be sent in compliance with the Ralph M. Brown Act, Government Code section 54950, et
seq. ("Brown Act") and the Los Gatos Town Code.
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Page: Policy Number:
Title: Planning Commission Policies and Procedures 5 of 12 2-05
3.5 Adjourned Meetings.
The Commission may adjourn any regular or special meeting to a time and place specified
pursuant to the procedures set forth in the Brown Act.
3.6 Workshops/Study Sessions.
The Commission may hold a workshop as part of a regular or special meeting. When a matter is
set for a workshop, public testimony on each item will generally be limited to three (3) minutes
per person, at the discretion of the Chair. A workshop shall be for discussion only and the
Commission will take no action on the workshop item.
3.7 Agendas.
At least seventy-two (72) hours before a regular meeting, copies of the Commission's agenda
shall be posted in a location that is available for viewing by the public and made available on the
Town website and at the Community Development Department. In accordance with the Brown
Act, the Commission may not take action on any item that did not appear on the posted agenda,
unless an exception is made as permitted under Government Code section 54954.2. The Chair
may rearrange the order of presentation of items appearing on the agenda as he or she may
deem necessary or desirable for the conduct of the meeting. No person shall be entitled to rely
upon the order in which public hearing items appear on the posted agenda, and any public
hearing on any agenda may commence immediately upon the time the meeting is called to order.
3.8 Staff Reports.
Staff Reports shall be made public whenever they are distributed to the Commission, except in
the case of attorney/client privilege memoranda. Staff reports will usually be prepared with
recommendations and shall include the basis for these recommendations and included in the
hearing record on any application.
If, in reviewing a staff report, a Commissioner sees omissions, has questions, or is looking for
specific information, it is advisable that the Commissioner contact the Community Development
Director or designee prior to the hearing.
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Page: Policy Number:
Title: Planning Commission Policies and Procedures 6 of 12 2-05
3.9 Order of Meetings.
The Order of Business shall be as follows subject to the Chairperson's final approval:
1. Roll Call
2. Pledge of Allegiance
3. Written Communications
4. Requested Continuances
5. Sub -Committee Reports
6. Verbal Communications
7. Consent Calendar
8. Continued Public Hearings
9. New Public Hearings
10. Continued Other Business
11. New Other Business
12. Adjournment
3.10 Chair's Rules of Order.
After issuing a warning, the Chair may order from the meeting location any person(s) who commit
the following acts with respect to a regular or special meeting of the Commission:
1. Disorderly, contemptuous or insolent behaviortoward the Commission, or any member
thereof, which interrupts the due and orderly course of said meeting.
2. A breach of the peace, boisterous conduct or violent disturbance which interrupts the
due and orderly course of said meeting.
After a warning by the Chair, if more than one individual at a given meeting continues to engage
in disruptive or unruly behavior to the extent that it is preventing Commissioners from
adequately participating in the meeting, the Chair may order that the meeting location be cleared
of all members of the public (with the exception of members of the press who are not
participating in the disruption), and/or (c) adjournment of the meeting to another time or place
so that the meeting may continue uninterrupted.
Any Commissioner may move to require the Chair at the meeting to enforce the rules, and the
affirmative vote of a majority of the Commissioners present shall require him or her to so act.
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Title: Planning Commission Policies and Procedures 7 of 12 2-05
4. PRESENTATION OF AGENDA ITEMS
4.1 Minutes and Recording.
Commission meetings are recorded and the recording is permanently preserved by the Town.
The recording of the meeting is used by the Secretary of the Commission to prepare minutes of
the hearing which must be approved by the Commission. The minutes of the Commission's
proceedings shall show the vote of each Commissioner, including if they were absent or failed to
vote on a matter considered.
4.2 Order of Presentation.
The order of the presentation shall be as follows:
1. The Chair shall announce the subject of the agenda item.
2. Presentation of staff report, including any environmental analysis or recommendation.
3. Questions of staff by Commissioners.
4. Public hearing opened.
5. Presentation of the applicant(s) or appellant(s).
6. Public comment.
7. Rebuttal comments by the applicant(s) or appellant(s).
8. Public hearing closed.
9. Commission discussion and action.
4.3 Public Participation.
The Commission welcomes participation and comment on any matter within its subject matter
jurisdiction. It is the Commission's intent to create and maintain an environment where people
feel comfortable participating in the public process and an atmosphere of respect for all who
participate in the Town's public meetings. To maintain civility and respect and to allow the
Commission to complete its work in a timely manner, the Commission requests that all attendees
and participants show respect for every speaker regardless of his or her viewpoint, and to refrain
from conduct that may inhibit others from addressing the Commission. Disrespectful conduct,
such as hissing, booing, whistling, cheering, chanting, and judgmental hand gestures, are all
inappropriate. The Commission also discourages profane remarks or personal attacks or insults
to any member of the Commission, staff, other attendees or speakers, or the general public.
Accordingly, the Commission requests the cooperation of all in maintaining a meeting
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Page: Policy Number:
Title: Planning Commission Policies and Procedures 8 of 12 2-05
environment where persons can feel comfortable participating in the public process and
expressing their views and opinions, and an atmosphere of respect for all.
4.4 Rules of Evidence.
Hearings and meetings before the Commission need not be conducted according to formal rules
of evidence. Any relevant evidence may be considered if it is the sort of evidence upon which
reasonable persons are accustomed to rely on in the conduct of serious affairs.
4.5 Written Evidence.
Written evidence that members of the public wish to submit to the Commission in advance of a
Commission agenda item should be submitted by 11:00 a.m. on the Wednesday one week prior
to the Commission meeting in order for such evidence to be provided to the Commission with its
agenda packet in advance of the meeting. Any written evidence submitted afterthis day and time
but prior to 11:00 a.m. on the day of the hearing will be distributed to the Commission in an
Addendum or Desk Item.
Written or pictorial evidence distributed to the Commission at the meeting may not be effective,
as the Commission may not have enough time to absorb its content. Although late
correspondence is highly discouraged for this reason, any participant may submit written and
pictorial evidence to the Commission during the public hearing on an item.
4.6 Oral Evidence, Time Limits, and Number of Speakers.
A speaker's card to speak on an item should be submitted to the Secretary of the Commission or
designee.
The Chair's instructions to the audience will generally follow these guidelines:
1. Any person desiring to speak must first be recognized by the Chair.
2. All participants must speak from the podium.
3. All speakers are requested to first state their full name and full address, and to speak into
the microphone as all meetings are recorded. To ensure correct spelling of names and
addresses, all speakers are encouraged to submit a speaker's card to the Secretary of the
Commission or designee.
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4. All comments shall be directed to the Commission as a body, and not to any particular
Commissioner, staff person or audience. No person, otherthan Commissioners, staff, and
the person having the floor shall be permitted to enter into the discussion.
Commissioners shall only ask questions of the speakers through the Chair. Each applicant
and appellant shall be limited to a five (5) minute presentation at the start of the public
hearing and a three (3) minute rebuttal after all other speakers have been heard. All
members of the applicant's or appellant's team shall be heard as a group within these
time limits. Questions by the members of the Commission do not count against the time.
Members of the public who wish to speak on any items will be limited to up to 3 minutes
each. No person shall be allowed to speak a second time per item. In order to assure the
opportunity for all those desiring to speak before the Commission, there is no yielding of
time to another speaker. The Chair, at his or her discretion, may allocate more or less
time for speakers due to the complexity of the issues and/or due to a large number of
speakers on a particular item. Except for the applicant or appellant, all speakers shall be
limited to the same amount of time to speak.
4.7 Evidence Received Outside a Hearing.
Applications before the Planning Commission involve quasi- judicial matters, legislative matters
and matters that have attributes of each. On quasi-judicial matters California law requires
decisions to be based on findings, and findings to be based on evidence presented at the hearing.
Accordingly, the actual decision of the Commission on a quasi-judicial matter must be supported
by evidence presented at the hearing, i.e. the staff report, testimony given during the hearing
and comments from other Commissioners. A Commissioner may not state or predetermine his
or her decisions on an application prior to the hearing.
In order to avoid the appearance of bias or impropriety, individual Commissioners are prohibited
from discussing, outside of the public hearing process, the substance of any project with project
proponents, opponents and member of the public. This prohibition shall apply to all projects,
whether conceptual or proposed, that can be considered by the Commission in reviewing an
application, on appeal or on remand. Study sessions may be used as a means of facilitating
informal communication. Individual Commissioners who have engaged in prohibited discussions
shall recuse themselves from consideration of the project.
Incidental contacts that do not address the substance of any project are not prohibited. Incidental
contacts are those that are not reasonably understood to influence a Commissioner's decision
and include speaking with an interested party to obtain approval to enter a property and to
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obtain information intended to orient the Commissioner about the physical aspects of the
property or a project.
5. MOTIONS
Action upon an order, resolution, ordinance, or any other action of the Commission may be
proposed by any Commissioner by a motion. Before a motion can be considered or debated it
must be seconded, at which time it shall be on the floor and must be considered. If not seconded,
the motion dies for lack of a second and shall be so declared by the Chair. Substitute motions and
other parliamentary procedures shall follow Robert's Rules of Order.
Pursuant to Planning Commission Resolution No. 78-4, adopted May 10, 1978, the Planning
Commission will not accept requests for continuances from applicants after 12:00 noon of the
Friday preceding any Commission meeting, provided, however, that the Commission retains the
right to make exceptions when it finds that a genuine emergency exists which was not known to
the applicant.
A motion to adopt or approve staff recommendations or simply to approve the action under
consideration shall, unless otherwise particularly specified be deemed to include adoption of all
proposed findings and execution of all actions recommended in both the written staff report on
file on the matter, any verbal staff report, and other evidence presented during the hearing.
6. VOTING AND ABSENTEES
Voting of not less than three (3) votes shall be required to carry a motion, unless a larger number
of votes is required by applicable ordinance or other law.
If a Commissioner is not eligible to participate in the consideration of an item due to a conflict of
interest, the Commissioner shall be disqualified and shall recuse him or herself from the voting,
in which case the Commissioner cannot be included in the quorum. Prior to consideration of the
matter, the conflicted Commissioner shall recuse on the record, stating the basis for the recusal,
and shall then leave the room, unless legally entitled to remain under applicable law.
If a majority of the Commission shall be disqualified to vote on a matter by reason of actual or
apparent conflict of interest, the Commission shall select by lot, or other means of random
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selection, that number of disqualified Commissioners which, when added to the Commissioners
eligible to vote, shall constitute a quorum.
A Commissioner who expects to be absent should notify the Chair and the Community
Development Department prior to the meeting.
Pursuant to Resolution 2011-012, any Commissioner who is absent from eight (8) regular
meetings held in a twelve (12) consecutive month period, shall, as a result, surrender his or her
office on the Planning Commission and the office shall be considered vacant.
A Commissioner who is absent from any portion of a hearing conducted by the Commission may
vote on the matter at the time it is acted upon, provided that he or she viewed the video
recording of the entire portion of the hearing from which he or she was absent, and he or she
has examined all of the staff reports and minutes presented during the portion of the hearing
from which he or she was absent; and he or she states for the record before voting that the
Commissioner deems himself or herself to be as familiar with the record and with the evidence
presented at the hearing as he or she would have been had he or she personally attended the
entire hearing.
7. LEGAL REQUIREMENTS
The Planning Commission operates under a series of laws that regulate its operations as well as
the conduct of its members. The Town Attorney serves as the Town's legal officer and is available
to advise the Commission on these matters.
The Ralph M. Brown Act requires that meetings of the Planning Commission be open and public.
Meetings" occur whenever four (4) or more members of the Commission hear, discuss, or
deliberate on any matter that is relevant to the Town. This includes discussions that occur face
to face, serially, through third parties, or through written, telephonic, or e-mail communications.
The Political Reform Act controls conflicts of interests through disclosure of financial interests
and prohibition in participating in decision making. Commissioners are prohibited from making,
participating in or in any way attempting to use their official position to influence a governmental
decision in which they know or have reason to know they have a financial interest. Financial
interests can arise out of property ownership, business investment, leadership in a business
entity, and receipt of money or gifts.
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8. CONSTRUCTION AND EFFECT
These Policies and Procedures shall be construed and applied so as to ensure a full and fair
hearing of relevant evidence which is offered on a land use matter and to facilitate an orderly
analysis of evidence and issues by the Commission. Failure to comply with the strict provisions of
these Policies and Procedures shall not necessarily invalidate any action taken by the
Commission.
9. RULES OF ORDER.
Except as otherwise provided in these Policies and Procedures, Roberts Rules of Order shall be
used as a guide for the conduct of the meetings of the Planning Commission. No omission to
conform to said rules of order shall in any instance be deemed to invalidate any action taken by
the Commission.
10. AMENDMENT.
These Policies and Procedures may only be amended by the Town Council.
APPROVED AS TO FORM:
Robert Schult 1, To Attorney
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