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Staff Report Policy PREPARED BY: ROBERT SCHULTZ TOWN ATTORNEY _______________________________________________________________________________________ Reviewed by: Assistant Town Manager Town Manager Finance _________________________________________________________________________ MEETING DATE: 09/06/2016 ITEM NO: 16 COUNCIL AGENDA REPORT DATE: AUGUST 31, 2016 TO: MAYOR AND TOWN COUNCIL FROM: ROBERT SCHULTZ, TOWN ATTORNEY SUBJECT: CONSIDER POLICY COMMITTEE RECOMMENDATIONS TO AMEND COUNCIL POLICY 2-01 ENTITLED TOWN COUNCIL AGENDA FORMAT AND RULES AND POLICY 2-05 ENTITLED PLANNING COMMISSION POLICIES AND PROCEDURES RECOMMENDATION: Discuss and recommend approval of amendments to Council Policy 2-01 and Policy 2-05. BACKGROUND: In 1986, the Town Council adopted a Policy entitled Town Council Agenda Format and Rules (Council Policy 2-01). Since then, there have been numerous revisions to the Policy. The Town Council Agenda Format and Rules establish procedures which standardize the Town Council agenda and ensure an orderly meeting. Council Policy 2-05 pertains to the Planning Commission Policies and Procedures. DISCUSSION: The Policy Committee has reviewed the Town Council Agenda Format and Rules and is recommending the following changes:  Public hearings presentations by appellants and applicants would be changed from 10 minutes to 5 minutes and from 5 minutes to 3 minutes for rebuttal. The Planning Commission Policies and Procedures would also be changed to conform to these time limits. PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: CONSIDER POLICY COMMITTEE RECOMMENDATIONS TO AMEND COUNCIL POLICY 2-01 AND POLICY 2-05 MARCH 1, 2016 DISCUSSION (Cont’d):  A new section would be added to the Town Council Agenda Format and Rules pertaining to telephonic attendance at Council meetings with the intention that the requirements would pertain to all Town Boards, Committees, and Commissions. Attachment 1 is a red-lined version of Council Policy 2-01 to address issues raised by the Policy Committee. The changes to Policy 2-01 proposed by the Policy Committee seek to level the playing field time limits between appellants/applicants and the general public during public hearings. The changes to Policy 2-01 also clarify and provide direction in regard to telephonic appearances at meetings. Attachment 2 contains a red-lined version of Council Policy 2-05 regarding these same time limits and requirements regarding telephonic attendance. If approved, these telephonic attendance requirements will be documented in the Town’s Commissioner Handbook. ALTERNATIVES: 1. Not approve the recommended amendments. 2. Approve different amendments. 2. Refer the issues back to the Policy Committee with direction. ATTACHMENTS: 1. Redline changes to Policy 2-01 2. Redline changes to Policy 2-05 COUNCIL POLICY MANUAL TITLE: Town Council Agenda Format and Rules POLICY NUMBER: 2-01 EFFECTIVE DATE: 12/15/86 PAGES: 6 ENABLING ACTIONS: 1986-183; 1987-24; 1988-124; 1993-181; 1994-57; 1996-108; 2001- 77; 2004-33; 2009-002 REVISED DATES: 12/15/86; 3/2/87; 6/6/88; 6/15/92; 12/6/93; 4/4/94; 8/5/96; 7/2/01; 4/5/04; 1/20/09; 3/16/09; 12/06/10; 8/5/13; 3/03/15 APPROVED: Small Town Service Community Stewardship Future Focus PURPOSE To establish procedures which standardize the Town Council agenda and insure an orderly meeting. POLICY The following policies have been established: A. Order of the Agenda Subject to the Mayor’s discretion to change the order of consideration of any agenda item during any individual meeting: Meeting Called to Order Roll Call Pledge of Allegiance Appointments Presentations Closed Session Report Council Matters Manager Matters Consent Calendar Verbal Communications Public Hearings Other Business Adjournment (No later than midnight without vote) TITLE: Town Council Agenda Format and Rules PAGE: 2 of 6 POLICY NUMBER: 2-01 B. Closed Session Report At the first Council meeting following any Closed Session, the Town Attorney will report on the Closed Session describing what occurred, but without reporting any information which could damage the Town’s position on a) potential or existing litigation, b) the acquisition or disposition of property, or c) any employee’s privacy interests. In addition, the Closed Session agenda shall clearly identify the subject of each agenda item consistent with the requirements of the Brown Act. C. Communications by Members of the Public 1. Verbal Communications. Comments by members of the public during the Verbal Communications portion of the agenda on items not on the Council agenda shall be limited to no more than three (3) minutes per speaker. 2. Public Hearings. Presentations during the Public Hearings portion of the agenda by appellants and applicants, including any expert or consultant assisting with the presentation, shall be limited to a total of no more than ten five (105) minutes for all speakers. Appellants and applicants shall be provided no more than fivethree (53) minutes to rebut at the end of the public hearing. Other members of the public testifying at public hearings shall be limited to no more than three (3) minutes. 3. Other Agenda Items. Comments by members of the public concerning any other item on an agenda shall be limited to no more than three (3) minutes per item. 4. Mayor’s Discretion. All time limits noted above shall be subject to change at the Mayor’s discretion. D. Consent Calendar Items on the Council agenda that are considered to be of a routine and non-controversial nature are placed on the Consent Calendar. Typical items include meeting minutes, final reading and adoption of ordinances, resolutions approving agreements, awards of contracts, status staff reports, etc. Consent items shall be approved by a single Council motion, unless a member from the Council or the public requests that an item be removed for separate Council action. Items removed from the Consent Calendar may be considered at that meeting at the Mayor’s discretion. TITLE: Town Council Agenda Format and Rules PAGE: 3 of 6 POLICY NUMBER: 2-01 E. Presentations The Presentations portion of the agenda is intended to allow organized groups to make formal presentations to the Council and to recognize and honor deserving individuals and organizations. All matters included on the Presentations portion of the agenda require the prior approval of the Mayor and shall be limited to no more than ten (10) minutes, unless the Mayor grants additional time. F. Council Matters Members of Council may report on the activities of the committees to which they belong or the meetings they attend, question staff briefly on matters upon which the Council has taken action or given direction, make brief announcements, or discuss whether to place particular items on future agendas for action by the Council. Future agenda items to be briefly discussed here shall be identified consistent with Section G of this policy, or may be raised for the first time under this item. G. Adjournment Council meetings will be adjourned at midnight unless a majority of the Council Members present vote to extend the adjournment time. H. Americans with Disabilities Notice on Town Agendas As part of the requirements under the Americans with Disabilities Act, the Town is required to provide notice of whom to contact in advance of a public meeting for assistance to disabled individuals who might wish to participate. The following notice shall be provided in at least one location on each Town agenda for Council, boards, commissions or committees. I. Preparation of the Agenda The agenda is prepared by staff in consultation with the Mayor for the Mayor’s final approval. If there is a disagreement between the Mayor and staff, the Mayor makes the ultimate call on the Agenda and its items. Any member of the Council may submit a request through the Town Manager or directly to the Mayor to make a change or addition to the agenda. In no event may the subject of whether to amend the agenda be discussed outside of a public meeting by more than two (2) members of the Council. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the _______________ at (408) __________. Notification 48 hours before the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting [28 CFR §35.102-35.104] TITLE: Town Council Agenda Format and Rules PAGE: 4 of 6 POLICY NUMBER: 2-01 Items thus proposed to be added to the agenda require the Mayor’s agreement to be added for action. If the Mayor does not agree, the item shall be listed on the agenda for discussion purposes only under the Council Matters section of the agenda. Council may then discuss whether to place the item on a future agenda for action. Two (2) or more members of the Council must vote in favor of placing an item on a future agenda for action. The Mayor in good faith will make every effort to place the item on the first available Council agenda in consultation with the Town Manager. If the wish of the Council is to add an item on the agenda of the current meeting, then the Brown Act generally requires a two-thirds (2/3) vote or a unanimous vote of those present if less than five (5) Council Members are present, with a finding that there is a need to take immediate action and the need for action came to the attention of the Town after the agenda was posted. J. Agenda Schedule and Preparation Thursday, prior to the meeting Written agenda is finalized and printed. Agenda packets distributed to Town Council Members. Public comments on agenda items received by 11:00 a.m. will be included in the agenda packet. Friday, prior to meeting Additional information from staff available after the Thursday distribution of the agenda packet, and public comments received prior to 11:00 a.m. on Friday will be distributed to Town Council members as an Addendum to a staff report. Monday, prior to the meeting Additional information from staff available after the Friday Addendum and received prior to 11:00 a.m. on Monday will be distributed to Town Council members as an Addendum to a staff report. Day of Council Meeting Council comments and questions received by 7:00 a.m. and public comments received by 11:00 a.m. on the morning of a Council meeting will be included in a Desk Item for distribution to Town Council members by 1:00 p.m. on the afternoon of a Council meeting. Council comments and questions received after 7:00 a.m. may be addressed during the Council meeting. Public comment received after 11:00 a.m. will not be distributed to the Council in the Desk Item; however, public comment may be submitted by individuals during the Council meeting. In general, questions or inquiries from Council Members to the Town Manager and/or Town Attorney regarding agenda items should be responded to within 24 hours, and then placed into Addenda and/or Desk Items, as appropriate. TITLE: Town Council Agenda Format and Rules PAGE: 5 of 6 POLICY NUMBER: 2-01 K. Agenda Posting Council Agendas shall be posted at least 72 hours prior to a regular meeting, and at least 24 hours prior to a special meeting. Notice of any meeting of a formally appointed Committee where two Council Members could be present shall be posted at least 24 hours in advance of any such meeting with a note as to the time and location, and an invitation to the public to attend. L. Conduct of Town Council Meetings The Council shall adopt: 1. Robert's Rules of Order or 2. Some other rules of order, or 3. Allow the Mayor to conduct the meeting as deemed appropriate so long as all members of the Town Council concur. M. Attendance at Meetings The Town Council Rules provisions concerning Telephonic Attendance shall apply to all Boards and Commissions as well as the Town Council. Requests by Council Members to attend a Council 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 Council Member’s absence or in the event the Councilmember is out of the area on official Town business. In addition, at least a quorum of the Council must participate from a location within the Town. M.N. Proposed Reconsideration of Prior Council Actions Reconsideration of prior Council actions is discouraged and may only occur in special circumstances subject to the procedural restrictions outlines herein. Reconsideration does not include, and this Policy does not prohibit, the repeal of a resolution or ordinance in response to a lawsuit or a referendum challenging that adoption. Step 1 – Motion to Place Reconsideration of a Prior Action on a Future Council Agenda a) The motion must be made by a Council Member who previously voted on the prevailing side of the prior action; b) The maker of the motion shall specifically articulate the new information, analysis and/or circumstances that warrant(s) reconsideration of the prior action; c) The motion must be adopted by a majority of the full Council; and TITLE: Town Council Agenda Format and Rules PAGE: 6 of 6 POLICY NUMBER: 2-01 d) The motion may only be made and considered at the next regularly scheduled meeting of the Council after the item was originally acted upon. Step 2 – Full Reconsideration of the Prior Action, if a motion as outlined in Step 1 is approved. a) The full reconsideration of the prior action will be placed on the next available Council agenda following the agenda-setting and required public notification process. b) The agenda, public notification and staff report for the full reconsideration of the prior action shall clearly state that the item has been previously acted upon by the Council and is being reconsidered by the Council. c) Action on the reconsideration of the prior action shall adhere to regular Council policies and practices as if the item was being heard for the first time. d) The full reconsideration of the prior action (whether sustained, reversed or otherwise modified) will be the final action on that item, and no further reconsiderations will be considered. N.O. Motions by the Chairperson The Chairperson of the meeting may make or second motions. The Chairperson may also restate, or ask that the maker restate, all motions immediately prior to any vote. APPROVED AS TO FORM: Robert Schultz, Town Attorney COUNCIL POLICY MANUAL Title: Planning Commission Policies and Procedures Policy Number: 2-05 Effective Date: 1983 Pages: 11 Enabling Actions: Revised Date: 5/8/85; 11/18/87; 9/22/93; 11/16/98; 4/16/01; 12/6/10; 4/21/15 Approved: Small Town Service Community Stewardship Future Focus 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. The Chair shall: a) Preside at all meetings of the Commission. b) Sign documents of the Commission. Title: Planning Commission Policies and Procedures Page: 2 of 12 Policy Number: 2-05 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. 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 Title: Planning Commission Policies and Procedures Page: 3 of 12 Policy Number: 2-05 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. Honor the 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. 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. Title: Planning Commission Policies and Procedures Page: 4 of 12 Policy Number: 2-05 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. 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. Title: Planning Commission Policies and Procedures Page: 5 of 12 Policy Number: 2-05 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 generall y 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. 3.9 Order of Meetings. The Order of Business shall 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 Title: Planning Commission Policies and Procedures Page: 6 of 12 Policy Number: 2-05 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 behavior toward 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. 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. Title: Planning Commission Policies and Procedures Page: 7 of 12 Policy Number: 2-05 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 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. Title: Planning Commission Policies and Procedures Page: 8 of 12 Policy Number: 2-05 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 after this 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. 4. All comments shall be directed to the Commission as a body, and not to any particular Commissioner, staff person or audience. No person, other than 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 105-minute presentation at the start of the public hearing and a 53-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. Title: Planning Commission Policies and Procedures Page: 9 of 12 Policy Number: 2-05 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 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. Title: Planning Commission Policies and Procedures Page: 10 of 12 Policy Number: 2-05 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 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 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) 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. Title: Planning Commission Policies and Procedures Page: 11 of 12 Policy Number: 2-05 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 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. 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. Title: Planning Commission Policies and Procedures Page: 12 of 12 Policy Number: 2-05 APPROVED AS TO FORM: Robert Schultz, Town Attorney