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HomeMy WebLinkAbout2026-07 PC Reso - Amended Rules of Conduct w Exh A RESOLUTION NO. 2026-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UKIAH ADOPTING AMENDED RULES OF CONDUCT FOR CITY OF UKIAH PLANNING COMMISSION MEETINGS WHEREAS: 1. Article 4, Section 1155 of Ukiah City Code requires the Planning Commission to adopt rules for the transaction of its business; and 2. In 1983, the Ukiah Planning Commission adopted rules to govern the conduct of Planning Commission meetings, and in 1999, 2017, and 2023 these rules were updated; and 3. These rules were last updated by the Planning Commission on April 22, 2026, for the purpose of making minor revisions, through Resolution No. 2026-04; and 4. The Planning Commission wishes to adopt additional amendments to the rules after further discussions and direction regarding the rules during their regular meetings of May 27, 2026 and July 8, 2026, including input from the City Attorney's Office; and 5. Staff has prepared a final version of the rules that incorporates all amendments recommended by the Planning Commission and is titled Rules of Conduct for City of Ukiah Planning Commission Meetings. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Ukiah hereby adopts amended Rules of Conduct for City of Ukiah Planning Commission Meetings, which are included as "Exhibit A." PASSED AND ADOPTED on this 12th day of August. 2026, by the following roll call vote: AYES: Commissioners Hilliker, Brown, Montano, Johnson, and Chair de Grassi NOES: None ABSTAIN: None ABSENT: None t Alex De Grassi Craig atter, AICP Chair, Planning Commission Community Development Director ATTEST: A/161 Kristine Lawler, C C/City Clerk 0 a EXHIBIT A City of Ukiah RULES OF CONDUCT FOR CITY OF UKIAH PLANNING COMMISSION MEETINGS City of Ukiah Department of Community Development RULES OF CONDUCT Adopted 1983 Amended 1999 Amended 1118117 Amended 4/26/23 Amended 4/22/26 Amended 8/12/26 Table of Contents PREAMBLE.................................................................... ...... ... ... .. .......... 1 M E ET I N C DAYS AND TIMES .—.... ... ................... .......... ................ AGENDA AND ORDER OF BUSINESS .............................. .... .... .. . 3 PLANNING COMMISSION CORRESPONDENCE ............................4 4 PRESIDING OFFICER .......................................................................4 5 RULES OF ORDER...................... ... .. .............................................. 5 5 M OTIONS . .. ...................... .......................................... .... ... . . ...... 7 7 VOTING RULES ...................... ... . ................................................... 7 8 RECONSIDERATION OF ACTIONS .................................................. 8 9 PUBLIC HEARINGS ...... ... .... .. ....................................................... 8 10 RESOLUTIONS ................................................................................ 11 11 M INUTES PREPARATION AND CHANGES.........-......................... 11 12 SPECIAL COMMITTEES.................................................................. 1 13 EX PARTE COMMUNICATIONS...................................................... 1 PREAMBLE These Rules of Conduct are adopted pursuant to the authority set forth in Chapter 4, Article 4, Section 1155 of Ukiah City Code and provide procedural guidelines for the conduct of Ukiah Planning Commission meetings. Meetings of the Commission are conducted according to these Rules and as modified by the Commission from time to time. Page 2 SECTION 1. MEETING DAYS AND TIMES 1.1 Regular Meetings/Time and Place The Ukiah Planning Commission ("Commission") meets regularly on the second and fourth Wednesday of each month at 5:15 p.m. The Commission meetings are held at the Civic Center Council Chambers, located at 300 Seminary Avenue. 1.2 Special Meetings/Time and Place/Notices Special Planning Commission meetings may be called at any time by the Planning Commission Chair or by three (3) members of the Commission by directing the Clerk or Clerk Designee, hereinafter referred to as"Clerk,"to deliver or mail a written notice to each Commissioner,to each local newspaper of general circulation, radio and television station requesting a notice in writing. Such notice shall be delivered personally or by mail at least twenty-four(24)hours before the time of such meeting, as set forth in the notice. The call and notice shall set forth the time and place of the special meeting, which may be at a time and place different from the regular meeting time or place, and the business to be transacted. A copy of the notice shall also be posted at or near the door to the Civic Center Council Chambers. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Commissioner who, at or prior to the time the meeting convenes, files with the Planning Commission a written waiver notice. Such waiver may be given by U.S. mail, email, or facsimile. The written notice may also be dispensed with as to any Commissioner who is actually present at the meeting at the time it convenes. 1.2 Open to the Public/Exception All regular and special meetings of the Planning Commission shall be public; provided, however, the Commission may hold a special meeting, with applicable provisions of state law, including the Ralph M. Brown Act (Government Code Sections 54950 et seq.) and related State laws such as provisions within AB 2449. SECTION 2. AGENDA AND ORDER OF BUSINESS 2.1 Preparation and Posting of Agendas The Clerk or Department of Community Development Planning Division staff shall prepare the agenda of all such matters under the direction of the Community Development Director. The agenda and supporting documents shall be delivered to the Planning Commissioners no later than the Friday preceding the Wednesday Planning Commission meeting to which the agenda pertains. The agenda itself shall be posted in a location freely accessible to the public at least 72 hours before each regular meeting or 24 hours before any special meeting of the Planning Commission. The agenda must include a brief description of each item of business to be transacted or discussed at the meeting, as well as the time and location of the meeting. The Community Development Director shall review the items to be placed on the agenda and place those items which he or she believes to be of a routine non-controversial nature and are properly documented on the consent calendar, for adoption by a single motion. 2.2 Order of Business The business of the Planning Commission and the order of its agenda shall be in such form as the Commission may from time to time adopt by resolution. Page 3 SECTION 3. PLANNING COMMISSION CORRESPONDENCE 3.1 Availability to the Public Correspondence on agenda and/or non-agenda items addressed to the Planning Commission and received by the Clerk, Planning Division staff, or any other officer or employee of the City, shall not become a public record until received and distributed to the Commission at a regular, special, or adjourned meeting of the Planning Commission. Correspondence may come in the form of U.S. mail,email, and/or facsimile. Correspondence should not be read aloud at a Planning Commission meeting unless requested by a majority vote of the Commission. 3.2 Authority of the Community Development Director The Community Development Director is hereby authorized to open and examine all mail or other written communications addressed to the Planning Commission and to give them immediate attention to this end, that all administrative business referred to in such communications, and not necessarily requiring Commission action, may be acted upon between Commission meetings; provided, however, mail addressed to individual Commissioners shall not be opened without the consent of the Commissioner. SECTION 4. PRESIDING OFFICER The Planning Commission Chair shall be the Presiding Officer at all meetings of the Planning Commission. In the absence of the Planning Commission Chair, the Planning Commission Vice Chair shall preside. In the absence of both the Chair and Vice Chair, the Clerk shall call the Commission to order,whereupon, a temporary Presiding Officer or Commissioner shall be elected by the Planning Commissioners present to serve until the arrival of the Planning Commission Chair or Vice Chair or until adjournment. Wherever in this article the term Chair is used, it shall apply equally to the Presiding Officer as set forth in this section. 4.1 Powers and Duties A. Participation: The Presiding Officer may move, second, debate, and vote from the Chair. B. Signing of Documents: The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his/her signature which were adopted in his/her presence, unless he or she is unavailable, in which case the signature of an alternate Presiding Officer may be used. C. Sworn Testimony_: The Presiding Officer may require any person addressing the Planning Commission to be sworn as a witness and to testify under oath, and the Presiding Officer shall so require, if directed to do so, by a majority vote of the Planning Commission. D. Discussion of and Action on Agenda Items: Under rules, as shall be determined from time to time by the Commission Chair, the public shall be offered an opportunity to address at the meeting, any item included on the agenda. The Planning Commission shall not take action on any item not appearing on the posted agenda unless: 1) a Commission majority determines that an "emergency situation", as defined herein, exists; 2)The Commission determines by a two-thirds Page 4 (2/3) vote or by a unanimous vote if less than two-thirds (2/3) of the Planning Commissioners are present, that a need to take immediate action to the item arose subsequent to the posting of the agenda; or 3)the item was included in a properly posted agenda for a prior meeting occurring not more than five (5) days prior to the meeting at which time the action is taken and was continued to the meeting at which time the action is taken As used in this section "emergency" means an event which will cause a work stoppage, severely impairing public health or safety, or a crippling disaster severely impairing public health or safety. SECTION 5. RULES OF ORDER In the event of questions as to procedure not set forth in this article for Planning Commission meetings, the Chair shall be guided by Rosenberg's Rules of Order. 5.1 Rules of Order/Failure to Observe Rules adopted to expedite the transaction of the business of the Commission in an orderly fashion shall be deemed to be procedural only and subject to the privilege of the Presiding Officer. The failure to strictly observe such rules shall not affect the jurisdiction of the Commission or invalidate any action taken at a meeting, which is otherwise held in conformity with law. 5.2 Rules of Decorum A. Commissioners: While the Commission is in session, the Commissioners shall preserve order and decorum, and a Commissioner shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Commission, nor disturb any Commissioner while speaking, nor refuse to obey the orders of the Presiding Officer. Commissioners shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer. B. Employees: Employees of the City(staff)shall observe rules of order and decorum as are applicable to the Planning Commission. However, employees of the City may not leave their seats during a meeting without first obtaining the permission of the Presiding Officer. C. Persons Addressing the Commission:Any person making impertinent, slanderous, or profane remarks, or who becomes boisterous while addressing the Commission, shall be called to order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, undertake specific actions as described in Section D. D. Members of the Audience: Any person in the audience who engages in disorderly conduct, such as clapping of the hands, stamping of the feet, whistling, using profane language, yelling, or similar demonstrations, which disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the Presiding Officer, so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, will be considered "willful interruption," as defined by California Government Code Section 54957.9. In these situations, the Presiding Page 5 Officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Commission from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. E. Dangerous Instruments: No person may enter the chambers of a legislative body, as defined in Section 54952 of the Government Code of the State, or any place where such legislative body is in session, with any firearm, weapon, or explosive device of any nature. The provisions of this section shall not apply to authorized peace officers or to those persons authorized by the Penal Code of the State to carry such weapons. F. Rules of Decorum/Enforcement: The Chief of Police, or such members of the Police Department as the Chief of Police may designate, shall be sergeant at arms of the Commission for the purpose of maintaining order and decorum at Commission meetings. Any Commissioner may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Commission shall require him or her to do so. 5.3 Rules of Debate A. Getting the Floor: Every Commissioner desiring to speak at a Planning Commission meeting shall first address the Chair, gain recognition by the Presiding Officer, and confine himself/herself to the question under debate, avoiding personalities and indecorous language. B. Questioning the Staff: Every Commissioner desiring to question the City staff shall, after recognition by the Presiding Officer, address his or her questions to City staff. C. Interruptions: A Commissioner, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, a point of order or chooses to yield to a question by another Commissioner. If a Commissioner is called to order while speaking, he or she shall cease speaking until the question of order is determined to be in order, then he or she may proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until the completion of their remarks or until recognition is withdrawn by the Presiding Officer. D. Points of Order: The Presiding Officer shall determine all points of order, subject to the right of any Commissioner to appeal that point. A majority vote shall conclusively determine such questions of order. E. Points of Personal Privilee e: The right of a Commissioner to address the Commission on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are questioned or where the welfare of the Commission is concerned.A Commissioner raising a point of personal privilege may interrupt another Commissioner who has the floor only if the Presiding Officer recognized the privilege. Page 6 F. Limitation of Debate: No Commissioner shall be permitted to speak more than once on any particular subject until every other Commissioner desiring to do so shall have spoken. SECTION 6. MOTIONS A motion by any member of the Planning Commission, including the Presiding Officer, may not be considered by the Commission without receiving a second. 6.1 After Motions are Made and Hearings are Closed After a motion has been made or a public hearing has been closed, no member of the public shall address the Commission from the audience on the matter under consideration without first seconding permission to do so by a majority vote of the Commission. Prior to taking a vote, the Commission may engage in discussion and debate. SECTION 7. VOTING RULES 7.1 Seating Arrangement for Commission The Planning Commission Chair shall sit in the center chair of the Commission; the next Commissioner in seniority, based upon the time at which the Commissioner was appointed by the City Council) shall sit alternately on the left and right of the Planning Commission Chair. Should the Chair not be present at the meeting, the Vice Chair shall sit in the center chair as Presiding Officer. 7.2 Question to be Stated Upon moving the question, the Presiding Officer shall call for the vote which shall be taken first from the least senior member then moving by seniority rank to the most senior member, with the Presiding Officer voting last. 7.3 Registration of Votes Any vote of the Planning Commission, including a roll call vote, may be registered by the members by answering "aye" or "yes" for an affirmative vote or "no" or "nay" for a negative vote upon the name of the Planning Commissioner. 7.4 Voting Procedure/Disqualification Any Planning Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest, shall publicly state, or have the Presiding Officer state, the nature of such disqualification in open meeting. A Commissioner who is disqualified by reason of a conflict of interest in any matter, shall not remain in his or her seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the Planning Commission dais and leave the Civic Center Council Chamber. A Commissioner stating such disqualification shall not be counted as a part of a quorum, and shall be considered absent for the purpose of determining the outcome of any vote on such matter. Page 7 7.5 Failure to Vote Planning Commissioners present at a Planning Commission meeting shall vote unless disqualified by reason of a conflict of interest or where the Commissioner in good faith believes that he or she should not vote on a measure for good cause, such as, but not limited to, not having attended a prior meeting essential to an informed note on the measure. A failure to vote or an abstention shall not be counted. A measure shall pass only if it receives affirmative ("yes" or "aye") votes from a majority of the Commissioners present at the meeting provided a quorum is established. Commissioners abstaining shall be counted in determining whether a quorum is present. 7.6 Tie Votes Tie votes shall be lost motions and may be reconsidered. 7.7 Changing Votes/Abstention A Planning Commissioner may change his or her vote only if he or she makes a timely request to do so immediately following the announcement of the vote by the Clerk and prior to the time the next item in the order of business is taken up. A Commissioner who publicly announces he or she is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his or her abstention. SECTION 8. RECONSIDERATION OF ACTIONS A motion to reconsider any action taken by the Planning Commission may be made only on the day such action was taken. It may be made either immediately during the same session or at recessed or adjourned session thereof. Such motion may be made only by one of the Commissioners who voted with the prevailing side. The provision of this section shall not be construed to prevent any Commissioner from making or remaking the same or any other motion at a subsequent meeting of the Commission. SECTION 9. PUBLIC HEARINGS 9.1 Public Hearing Defined A public hearing is any hearing which is publicly noticed by publication in a newspaper of general circulation, posting on affected property, or mailing to affected parties. Generally, public hearings can be classified as quasi-judicial or quasi-legislative. The following is a general summary description of quasi-judicial and legislative hearings. The discussion is not intended to change the general California law governing this subject. Generally, a quasi-judicial decision is any decision affecting one, or a limited number of individual applicants, in which the Planning Commission is legally required to make its decision based on the evidence presented during the hearing. Examples of such hearings include appeals from land use decisions by Planning Commission to the Ukiah City Council, such as those concerning major use permits, variances, and major site development permits. Generally, a quasi-legislative decision generally is a decision to make or amend rules affecting a whole class or large number of persons. The City Council is required to seriously consider evidence presented during quasi-legislative hearings, but it is not legally required to base its decision exclusively on the evidence presented. Examples of quasi-legislative decisions include the adoption or amendment of zoning ordinances, general plan amendments, and other ordinances. Page 8 9.2 Submission of Documents In order to give adequate consideration to written documents, the following rules shall apply: A. Time and Submission: Any written document excluding written comments submitted on a particular agenda item by the public, whether containing factual information or legal or policy arguments exceeding 250 words, must be submitted to the Clerk prior to the time and date of the scheduled hearing. Photographs or other graphic depictions may be filed at the hearing. 1. If the submission deadline falls on a legal holiday or weekend, the document must be submitted the last working day prior to the submission deadline. 2. The Planning Commission shall exclude from the record and not consider any document submitted after the submission deadline, unless upon a motion by a Commissioner, a majority of the Commissioners present at the hearing vote to consider the document. B. Manner of Submission: All documents must be presented to the Clerk for consideration at the hearing. No documents presented to the individual Commissioners prior to the hearing shall be considered as part of the hearing record. 1. To be considered, an original and seven (7) copies must be filed with the Clerk. 2. Upon Receipt, the Clerk shall date stamp as received the original and all copies. Upon request,the Clerk will furnish the proponent of the document with a date stamped copy. The Clerk shall immediately distribute copies of the submitted documents to the individual Commissioners and the Community Development Director. The Clerk shall retain the original and include it in the hearing record, which the Clerk shall compile and maintain. 9.3 Viewing the Site In quasi-judicial hearings involving specific property, Commissioners must disclose if they have visited/viewed the site since the item was noticed. At the beginning of the agenda item for the hearing involving the specific property, the Planning Commission Chair shall poll the Commissioners to establish on the record, whether they have viewed the site, and any relevant observations and concerns from viewing the site. In quasi-legislative public hearings involving specific property, Commissioners may visit the site and may, as deemed necessary or relevant, disclose the visit. 9.4 Conduct of Public Hearing As Presiding Officer,the Planning Commission Chair shall conduct the hearing to promote an orderly presentation of the evidence by all parties. Subject to the following guidelines, the Chair shall use his or her discretion in presiding over the hearing: Page 9 A. Order of Proof: Generally, all those supporting an application or measure shall present their evidence and argument first. Those opposing the application or measure shall present their evidence and argument second. Those supporting the measure shall be allowed some additional time for rebuttal. If during the rebuttal project proponents present new argument or evidence, project opponents shall be allowed some additional time to rebut that new matter. B. Time Limitations: The Planning Commission Chair may impose time limitations on all those wishing to present evidence or argument. The Chair may prevent the presentation of irrelevant, repetitive, or cumulative testimony or argument. C. Manner: Each person desiring to address the Planning Commission shall step up to the microphone reserved for that purpose, state his or her name and address for the record, state the subject he or she wishes to discuss, state whom he or she is representing, if he or she represents an organization or other persons, and unless further time is granted by a majority vote of the Commission, shall limit his or her remarks to three (3) minutes. All remarks shall be addressed to the Commission as a whole and not to any member thereof. D. Spokesperson(s)for Groups of Persons: In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Planning Commission on the same subject matter, it shall be proper for the Presiding Officer to request that spokesperson(s) be chosen by the group to address the Commission, and in the event additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Commission. E. Public Meeting Order of Business: The Presiding Officer shall have discretion in how the order of business shall be conducted for the meeting item. In general, the Order of Business will be undertaken as follows: 1. For quasi-judicial hearings involving specific property, Commissioners to disclose ex parte communications or announce recusal, as applicable and as required by Section 13 of these Rules. 2. Presentation from City Planning Division staff and/or Community Development Director on agenda item and/or staff report. 3. For quasi-judicial hearings involving specific property, Commissioners to disclose whether or not they have viewed the site and their observations, in accordance with Section 9 of these Rules. 4. Questions from Planning Commission to City Planning Division staff and/or Community Development Director. 5. Presentation from the Applicant. At the discretion of the Presiding Officer, the Applicant will have up to 10 minutes to present the item to the Planning Commission_ 6. Questions from the Planning Commission to the Applicant. 7. Public Hearing and opportunity for the public to comment on the item. 8. Final questions to City Planning Division staff and/or Community Development Director. 9. Discussion and deliberation from the Planning Commission. 10. Motion/second and decision by the Planning Commission. Page ',0 9.5 Making a Decision In quasi-judicial hearings, the Planning Commission shall base its decision exclusively on the record, including documents submitted in accordance with this rule and testimony and oral argument presented during the hearing. Any motion deciding the matter shall include sufficient findings of fact to inform the parties of the basis on which the Planning Commission made its decisions, and to determine whether the decision is based on lawful principles. Where possible, the staff report the Planning Commission shall include proposed findings for Planning Commission consideration. In quasi-legislative hearings, the Planning Commission shall seriously consider all documents submitted in compliance with this rule and testimony and oral argument presented during the hearing. The motion deciding the matter need not include specific legal requirements applicable to the particular matter. SECTION 10. RESOLUTIONS Resolutions shall be used to express decisions of the Planning Commission of a permanent or lasting nature and shall be introduced, seconded, and adopted by a roll call vote. SECTION 11. MINUTES PREPARATION AND CHANGES The Clerk shall have the exclusive responsibility for the preparation of the minutes of Planning Commission meetings, and any directions for changes in the minutes shall be made only by a majority action of the Commission. 11.1 Minutes/Request for Detail During a Planning Commission meeting any Commissioner may request the Clerk include in the minutes for that meeting a verbatim transcript of any portion of the meeting designated by the Commissioner. If so requested, the Clerk shall include the verbatim transcript of such segment in the draft minutes presented to the Planning Commission for approval, unless the request is rejected by a majority vote of the Commission. 11.2 Minutes/Reading Unless the reading of the minutes of a Planning Commission meeting is ordered by a majority vote of the Commission, such minutes may be approved without reading, if the Clerk has previously furnished each Commissioner with a copy. 11.3 Minutes/Entry of Statements A Planning Commissioner may request through the Presiding Officer of a Planning Commissioner meeting, the privilege of having an abstract of the statement of such Commissioner on any subject under consideration by the Commission entered in the minutes. If the Commission consents thereto, such statement shall be inserted in the minutes. Page 11 SECTION 12. SPECIAL COMMITTEES All special Planning Commission committees shall be appointed by the Presiding Officer with a majority consent of the Commission. Such committees shall be temporary in tenure and shall automatically be discharged upon the completion of their charge, or upon an order of the Presiding Officer or majority of the Commission. SECTION 13. EX PARTS COMMUNICATIONS Each member of the Commission shall accord to every person who has an interest in the quasi- judicial proceeding the full right to be heard according to the law. 13.1 Obligation to Disclose Ex Parte Communications and Recusal Requirements No Member of the Commission shall initiate, permit, or consider private, ex parte communications concerning a pending quasi-judicial proceeding, unless: 1)the Commissioner is recused from the proceeding; or 2) the Commissioner first discloses the nature and a short summary of the communication with the Commission prior to the quasi-judicial proceeding being undertaken. 13.2. Specific Instances where Ex Parte Communications are Permitted Notwithstanding the foregoing, when circumstances require it, a Member of the Commission may permit otherwise unauthorized ex parte communication for scheduling, administrative, or emergency purposes, but only if the communication does not address substantive matters and no one will gain a procedural, substantive, or tactical advantage as a result of the communication. Page 12