Loading...
HomeMy WebLinkAboutItem 6: Ordinance on Chapter 2 Amendments: PC Bylaws ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Concerning the Planning Commission; and Amending Sections 2.013, 2.330, 2.332, 2.335, 2.345, 2.350, and 2.355 of the Eugene Code, 1971 Meeting Date: June 9, 2008 Agenda Item Number: 6 Department: Planning and Development Staff Contact: Steve Nystrom www.eugene-or.gov Contact Telephone Number: 541/682-8385 ISSUE STATEMENT The City Council will take action on an ordinance amending Chapter 2 regarding the Planning Commission Bylaws. BACKGROUND The City Council held a public hearing on the proposed ordinance on May 19, 2008. There was no public testimony provided, however, the City Council identified the following potential revisions which they directed staff to bring back for consideration: Maintain the existing code provision which requires the Planning Commission to review the ? Capital Improvement Program. Revise the language in EC 2.335 to clarify that the “secretary” of the Planning Commission is ? the Planning Director or his/her designee. Eliminate the two ex officio positions and replace them with two voting members, increasing the ? voting membership of the planning commission from seven to nine. Staff has prepared the appropriate motions to address the three potential changes, which are included as Attachment B. With regard to the third motion, staff has outlined the following factors for the council to consider regarding the proposed increase in the voting membership of the Planning Commission: As a comparison, the vast majority of cities in Oregon have seven-member planning ? commissions. This size generally provides a good balance of representation and ability to operate with efficiency. Given the volume and depth of issues on the Eugene Planning Commission agendas, as well as the frequent need to coordinate availability for hearings and deliberations on land use applications, this is an important factor to consider. Adding two voting members may increase the current challenge to fill vacant positions. Over the ? last several years, the council has generally had a very limited pool of applicants for each vacant Planning Commission position. For example, last year, the City had to repost to find any qualified candidates for one vacancy. Based on these factors, additional discussion on this proposed amendment to the ordinance would be helpful, including input from the Planning Commission. To accommodate input from the Planning Commission, the council could table this specific motion until the next joint City Council/Planning Commission work session, or provide an opportunity for the Planning Commission to submit written comments on the proposed changes to their recommended bylaw amendments. Z:\CMO\2008 Council Agendas\M080609\S0806096.doc RELATED CITY POLICIES There is no City policy which directly relates to this item. COUNCIL OPTIONS The City Council may consider the following options: 1. Adopt the proposed ordinance as recommended by the Planning Commission 2. Adopt the proposed ordinance as amended by the attached motions 3. Adopt the proposed ordinance with specific modifications as determined by the City Council 4. Deny the proposed ordinance CITY MANAGER’S RECOMMENDATION The City Manager recommends the City Council adopt the proposed ordinance as recommended by the Planning Commission. SUGGESTED MOTION Move to adopt the proposed ordinance as recommended by the Planning Commission. ATTACHMENTS A. Proposed Ordinance B. Proposed Motions to Amend the Draft Ordinance C. Matrix of Proposed Amendments D. Current Version of the Planning Commission Bylaws FOR MORE INFORMATION Staff Contact: Steve Nystrom Telephone: 541/682-8385 Staff E-Mail: steven.a.nystrom@ci.eugene.or.us Z:\CMO\2008 Council Agendas\M080609\S0806096.doc ATTACHMENT A ORDINANCE NO. _________ AN ORDINANCE CONCERNING THE PLANNING COMMISSION; AND AMENDING SECTIONS 2.013, 2.330, 2.332, 2.335, 2.345, 2.350, AND 2.355 OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The “Planning Commission” entry set forth in the table of Subsection (1) of Section 2.013 of the Eugene Code, 1971, is amended to provide as follows: 2.013 City Council - Boards, Commissions and Committees. (1) Except for boards, commissions or committees established pursuant to ordinance, state statute, or intergovernmental agreement, the following are the presently constituted boards, commissions and committees of the city with the number of members and names of the appointive authority indicated thereafter, together with the term and the authority for such board, commission or committee: Planning Commission No. of Members: 7 [2 ex officio] Appointment Process: Council appoints (7 Members) [City Manager appoints (2 ex-officio) Term: 4 years Authority: EC 2.330, ORS 227.030 Planning Commission - Standing Committee Historic Review Board No. of Members: 1 Planning Commissioner 6 Citizens Appointment Process: Mayor and Planning Commission [President] Chair nominate, Council appoints Term: Planning Commissioner during his or her term or as determined by Planning Commission [President] Chair 4 years citizen members Authority: EC 2.355 Ordinance - 1 Section 2. Section 2.330 of the Eugene Code, 1971, is amended to provide as follows: 2.330 Planning Commission - Composition; Term; Vacancies; Etc. (1) The commission shall consist of seven [voting] members to be appointed by the council[ and two ex officio nonvoting members to be appointed by the city manager]. (2) The [voting] members of the commission shall hold office for four years. (3) Any [voting] member who misses more than six consecutive regular meetings without having been given a leave of absence by the council shall be removed by the council, and another member shall be appointed by the council to complete the unexpired term of such member. (4) Commission members shall receive no compensation but shall be reimbursed for duly authorized expenses. (5) Any vacancy in the commission shall be filled by the council for the unexpired term of the predecessor in office. Section 3. Section 2.332 of the Eugene Code, 1971, is amended to provide as follows: 2.332 Planning Commission - Distribution of Interests. No more than two [voting] members of the commission shall be engaged principally in buying, selling or developing of real estate for a profit as individuals or be members of any partnership, or officers or employees of any corporation, that is engaged principally in buying, selling, or developing of real estate for a profit. No more than two [voting] members shall be engaged in the same kind of business, trade or profession. Section 4. Section 2.335 of the Eugene Code, 1971, is amended to provide as follows: 2.335 Planning Commission - Officers and employees. (1) The commission[, at its first meeting,] shall elect a [president and vice- president] chair and vice-chair, who shall be voting members and who shall hold office during the pleasure of the commission. (2) The commission shall [elect] designate a secretary who need not be a member of the commission. The secretary shall [keep] ensure that an accurate record of all proceedings of the commission is kept. (3) The commission shall have the power and authority to employ consulting advice on municipal problems[, a secretary] and such [clerks] staff as may be necessary, and to pay for their services, and for the other expenses as the commission may lawfully incur out of funds at the Ordinance - 2 disposal of the commission, as authorized by the council. The expenses shall include necessary disbursements incurred by its members in the performance of their duties as members of the commission. Section 5. Subsection (2) of Section 2.345 of the Eugene Code, 1971, is amended to provide as follows: 2.345 Planning Commission - Meetings. (2) [Five] Four members of the commission shall constitute quorum. Section 6. Subsections (d) through (i) of Section 2.350 of the Eugene Code, 1971, are relettered (c) through (h), and subsection (c) is deleted, to provide: 2.350 Planning Commission - Duties and Powers. It shall be the duty of the commission, and it shall have power, except as otherwise provided by law: (a) To keep current a General Plan for the city adopted by the council as an official guide to public and private uses of land. (b) To prepare city legislation that will implement the purposes of the General Plan. [(c) To review the capital improvement programs each year for consistency with the General Plan.] (d) c To cooperate with private developers and public agencies in providing an adequate supply of housing for low income families. (e) d To recommend and make suggestions to the council and to all other public authorities concerning laying out, widening, extending and locating of streets and parking areas, sidewalks and boulevards, relief of traffic congestion, betterment of housing and sanitation conditions and establishment of zones or districts limiting the use, height, area and bulk of buildings and structures. (f) e To recommend to the council and all other public authorities plans for regulation of future growth, development and beautification of the municipality in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, and plans consistent with future growth and development of the city in order to secure to the city and its inhabitants sanitation, proper service of all public utilities and transportation facilities. (g) f To study and propose in general such measures as may be advisable for promotion of the public interest, health, morals, safety, comfort, convenience and welfare of the city and of the area six miles adjacent thereto. (h) gTo serve as the committee for citizen involvement as described in Ordinance - 3 Statewide Planning Goal 1, responsible for assisting the city council with the development of a program that promotes and enhances citizen involvement in land-use planning, assisting in the implementation of the citizen involvement program, and evaluating the process being used for citizen involvement. (i) h To exercise any express or implied power, right or act pursuant to this Code or ORS Chapter 227. Section 7. Section 2.355 of the Eugene Code, 1971, is amended to provide as follows: 2.355 Planning Commission – Standing Comittees. (1) Created. The Historic Review Board is hereby created as a standing committee of the Planning Commission. (2) Membership. The committee shall have seven members, consisting of [two] one member[s] of the planning commission; two members, to the extent they are available in the community, who are an architect with preservation expertise and a historian with knowledge of local history; two professionals with demonstrable interest, competence, or knowledge of historic preservation in the disciplines of landscape architecture, real estate, construction, community development, urban planning, archeology, law, finance, cultural geography, cultural anthropology, or related disciplines; and [one] two citizens. (3) Appointment and Terms of Office. Members shall be nominated by the mayor and planning commission [president] chair and appointed by the council, except for the planning commission member[s] who shall be appointed by the [president] chair of the planning commission. Other members shall serve for four-year terms[, except for the first appointees who shall serve for the following terms: three members shall be appointed initially for three-year terms, and two members shall be appointed initially for four-year terms]. A vacancy shall be filled in the same manner as original appointments and the appointee shall hold office for the remainder of the unexpired term. A member who is absent for more than three consecutively scheduled meetings without having been excused by the [president] chair of the planning commission shall be removed and the vacancy filled. (4) Officers, meetings and rules of procedure. The officers of the committee shall be a chair[person] and vice-chair[person], elected by majority vote of the committee. The chair[person] shall preside at meetings of the board and shall have the right to vote. The vice- chair[person] shall, in case of absence or disability of the chair[person], perform the duties of the chair[person]. Officers shall serve for terms of one year or until their successors are regularly elected and take office. The committee shall hold meetings at such times as it deems Ordinance - 4 necessary, and shall also meet upon the call of the chair[person]. Four members of the committee shall constitute a quorum. The concurring vote of a majority of members present shall be required for approval or disapproval of any motion or other action of the committee. All meetings shall be open to the public. At public hearings, all interested parties shall be entitled to appear and address the committee. The committee may make and alter rules for its conduct and procedure, providing they are consistent with state law and applicable provisions of the city charter, ordinances and policies. (5) Powers and duties. The committee shall take all steps necessary to preserve historic properties pursuant to this code and shall support programs and projects which will help make the citizens of the city and its visitors aware of its origin, development and historic significance. Pursuant to chapter 9 of this code, the committee shall: (a) Designate an historic landmark; (b) Remove historic landmark status when any landmark has deteriorated, been altered or destroyed, and no longer meets any of the criteria in chapter 9; (c) Act upon applications concerning moving or demolition of historic properties; (d) Review and act upon appeals of planning director decisions for historic property alterations, including appeals initiated by the committee. Section 8. The City Recorder, at the request of, or with the concurrence of the City Attorney is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971 to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this ____ day of ____________, 2008 ____ day of ______________, 2008 ___________________________ _____________________________ City Council Mayor Ordinance - 5 ATTACHMENT B Motions Requested by Councilor Bettman Motion 1: (Maintain Planning Commission review of the Capital Improvement Program) Move to delete Section 6 of the ordinance. Motion 2: (Specify that Planning Director or designee shall be responsible for keeping Planning Commission’s records.) Move to amend EC 2.335(2) by deleting the first sentence and amending the second sentence to read and provide as follows: “The planning director or the planning director’s designee shall ensure that an accurate record of all proceedings of the commission is kept.” Motion 3: (Replace the 2 non-voting ex-officio members of the Planning Commission with 2 Council-appointed voting citizen members with terms starting November 1, 2008.) Move to amend EC 2.013(1) and EC 2.330(1) in the draft ordinance to change the commission membership from seven members to nine members and to reflect the staggered terms of the two new members; delete Section 5 of the ordinance so that five members continues to constitute a quorum of the commission; and add the following uncodified section to the ordinance: “Of the two new members to be appointed to the Planning Commission, one member shall serve for an initial term of three years, and one member shall serve a full four-year term, with the terms commencing November 1, 2008. Until November 1, 2008, the Planning Commission shall consist of seven voting members, with four members constituting a quorum. A reference to this Ordinance shall be inserted in the “Authority” line of the Planning Commission entry in EC 2.013 to clarify the composition and quorum requirements of the Planning Commission between the effective date of this Ordinance and November 1, 2008.” ATTACHMENT C Proposed Chapter 2 Amendments Planning Commission Bylaws Chapter 2 Requirement Corresponding Planning Commission Reason for amendment Bylaw Section Proposal EC 2.330: Code requires Article III, Eliminate ex officio Staff has the opportunity the City Manager to Section 1 members and reduce to provide input as needed appoint 2 ex officio (non-Planning Commission at each meeting. Also voting) members of the membership from 9 (7 causes quorum concerns Planning Commission voting members and 2 ex-for voting purposes (5 (historically, the PDD officio members) to 7 Planning Commissioners Executive Director and a voting members. required) Public Works or other Dept. representative) EC 2.335(1): Code Article V, Change titles to “Chair” Desire to use titles established titles of Section 1 and “Vice Chair.” consistent with other “President” and “Vice boards and commissions. President” for Planning Commission officers EC 2.335(1): Requires Article V, Eliminate code reference Planning Commission election of officers at its Section 2 requiring election of would prefer some first meeting. Unclear if officers at “its first flexibility to appoint provision was intended as meeting”. officers after new a “one time” requirement members are seated, rather or on-going with each than their first meeting. Commission appointment. EC 2.335(2): Requires Article V, Change code to In their capacity, the Executive Secretary to be Section 5 “designate” rather than Planning Commission “elected”. The Planning “elect” the Executive simply “designates” the Director serves as the Secretary. Planning Director to Executive Secretary. perform the function of Executive Secretary Executive Secretary. ensures that accurate records of the proceedings are kept. EC 2.345: Quorum Article IV, Modify quorum from 5 to See comments under EC defined as 5 members of Section 2 4 members, given 2.330. the Planning Commission elimination of ex officio (based on 9 total members members). EC 2.350: Requires Article II(c) Eliminate requirement for Planning Commission Planning Commission Planning Commission review seems unnecessary. review of Capital review of the CIP. CIP discussion is focused Improvement Plans (CIP) on financial considerations which is not a part of the Planning Commission purview. EC 2355(3): Established None Eliminate reference to 3 Provision no longer terms for the first and 4 year terms for the needed. Code will retain 4 Planning Commission first appointees of the year term for new appointed under Chapter Planning Commission members and provisions 2 provisions for filling vacancies. ATTACHMENT D ORGANIZATION AND BYLAWS OF THE EUGENE PLANNING COMMISSION (As revised February 9, 1984) FOREWORD AND EXPLANATION: The following sets forth information concerning the Eugene Planning Commission and also includes certain rules and regulations governing its membership. The Eugene Planning Commission is established by Chapter 227 of the Oregon Revised Statutes and Chapter 2 of the Code of the City of Eugene, Oregon, 1971. Where these Oregon Statutes and the City Code provisions apply, an indication of the section number thereof will be found immediately following the information herein contained. The rules and regulations herein are established pursuant to authority contained in the Oregon Revised Statutes, Chapter 227, and the Eugene Code, 1971, Chapters 2, 8, and 9. ARTICLE I. Establishment The Eugene Planning Commission was established in 1925 (Ordinance No. 4846) and is appointed by the City Council in conformance with O.R.S. 227.010 through 227.120, which sets forth the state requirements for establishing city planning commissions, and by authority of Eugene Code, 1971, Sections 2.325 through 2.365. ARTICLE II. Purposes and Objectives The purposes and objectives of the Commission shall be: (a)To keep current a General Plan, functional plans and refinement plans for the city adopted by the Council as official guides to public and private uses of land. (City Code 2.350) (b)To prepare city legislation that will implement the purposes of the General Plan. (City Code 2.350) (c)To review the capital improvement program each year for consistency with the General Plan. (City Code 2.350) (d)To cooperate with private developers and public agencies in their effort to provide an adequate supply of housing for low- income families. (City Code 2.350) (e)To recommend and make suggestions to the Council and to all other public authorities concerning laying out, widening, extending and locating of streets and parking areas, sidewalks, bikeways, and boulevards, and for relief of traffic congestion, -1- betterment of housing and sanitation conditions and establishment of zones or districts limiting the use, height, area, and bulk of buildings and structures. (City Code 2.350 and O.R.S. 227.090) (f)To recommend to the Council and all other public authorities plans for regulation of the future growth, development, and beautification of the municipality in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, and plans consistent with future growth and development of the city in order to secure to the city and its inhabitants sanitation, proper service of all public utilities, and transportation facilities. (City Code 2.350 and O.R.S. 227.090) (g)To study and proposed in general such measures as may be advisable for promotion of environmental quality as well as the public interest, health, morals, safety comfort, convenience, and welfare of the city and of the area six miles adjacent thereto. (City Code 2.350 and O.R.S. 227.090) (h)To exercise any express or implied power, right, or act pursuant to the Eugene Code, 1971, or O.R.S. Chapter 227. ARTICLE III. Membership and Voting Section 1 The Planning Commission shall consist of nine members to be appointed by the City Council. Not more than two members of the Commission may be city officers who shall serve as ex officio non-voting members. (City Code 2.330 and O.R.S. 227.030) Section 2 No more than two voting members shall be engaged principally in buying, selling, or developing of real estate for a profit as individuals or be members of any partnership, or officers or employees of any corporation that is engaged principally in buying, selling, or developing of real estate for a profit. No more than two voting members shall be engaged in the same kind of business, trade, or profession. (City Code 2.332 and O.R.S. 227.030) Section 3 Voting members shall be appointed for 4-year terms. Ex officio members shall hold office at the pleasure of the City Council. (City Code 2.330) Section 4 Any vacancy shall be filled by the City Council for the unexpired term of the predecessor in office. (City Code 2.330 and O.R.S. 227.030) Section 5 Each voting member of the Commission shall be entitled to vote at all regular and special meeting of the Commission, except that a -2- member shall not vote or take part in discussion as a member when there is a conflict of interest; i.e., when the action to be taken can confer a significant economic benefit or impose a significant economic loss on the individual member. For example, a member of the Commission shall not participate in any Commission proceeding or action in which any of the following has a direct or substantial financial interest: The member or his or her spouse, brother, sister, child, parent, father-in-law, mother-in-law, any business in which he or she is then serving or has served within the previous two years, or any business with which he or she is negotiating for or has an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed at the meeting of the Commission where the action is being taken. (City Code 2.333 and O.R.S. Chapter 227) Section 6 If a member wishes to abstain in a situation where there is no direct pecuniary conflict of interest, but where the public might construe that such a conflict exists, or if a member has a conflict deriving from his/her relationship with the person involved, then he or she may ask the Commission whether he or she may abstain. If the Commission says “no,” he/she must vote. This provision is intended to relate to close relatives and to professional relationships, as well as to friendships. Section 7 Any time a member present at a meeting does not record his vote, it is automatically recorded as a vote with the majority; an abstention must be entered as such in the minutes, with the reason recorded. Section 8 Ex officio members are expected to participate in discussion at Commission meetings, especially in areas of their particular competence. Policy determination is, however, the prerogative of the appointed voting members. Section 9 Commission members shall receive no compensation, but shall be reimbursed for duly authorized expenses. (City Code 2.330) Section 10 Any voting member who misses more than six consecutive regular meeting without having been given a leave of absence by the City Council shall be removed from the Commission by the City Council, and another member shall be appointed by the City Council to complete the unexpired term for such member. (City Code 2.330) -3- ARTICLE IV. Meetings of Commission Section 1 Regular meetings of the commission shall be held the first Tuesday evening of each month at 7:30 p.m. in the Council Chamber and on the first and third Mondays after the first Tuesday in a location and at a time as specified in advance of said meetings. (City Code 2.345) Section 2 Five members of the Commission shall constitute a quorum, provided at least four voting members appointed by the City Council shall at all times constitute a part of such quorum. The fifth member may be an ex officio member or his or her designee. (City Code 9.345) Section 3 If a member of the Commission is unable to attend a meeting, said member is expected to notify the President or the Executive Secretary. Section 4 All Commission members shall be sent advance written notice of regular meetings or special meetings where action is to be taken. Notification for study sessions may be made at regular meetings or be telephone at least 24 hours in advance of the meeting time. Section 5 Action may be postponed at the first hearing on any land use application where the applicant (or appellant) or a representative is not present. A written explanation for absence, coupled with a request that action not be delayed, may be honored if the Commission has sufficient information to proceed. If the Commission agrees to postpone the application to a subsequent hearing date, at the request of the applicant, the applicant may be responsible for additional costs incurred by the City in meeting public notice requirements. All land use application and appeal forms shall state this policy, and a written notice of this policy shall be mailed to the applicant or appellant at the time of the mailing of the Planning Commission agenda on which the application or appeal is scheduled. Section 6 Procedure at meetings where hearings are being conducted resulting in a determination as to the permissible use or uses of a specific property or the application of law in a particular case shall be as stipulated in Sections 2.391 through 2.400 of the Eugene Code, 1971 (attached). -4- At all other meetings the procedure shall be as follows: 1.The initiator of a request to the Planning Commission shall present his or her case. 2.Those supporting the request shall present their case. 3.Those opposing the request shall present their case. 4.Other interested parties shall have the opportunity to address the Planning Commission concerning the matter. 5.Planning Commission staff and other City staff members and representatives of other public agencies shall make their presentations. 6.The initiator of a request shall have an opportunity for rebuttal. 7.The Planning Commission shall discuss the matter and take action. The Planning Commission has an obligation to be as clear and simple in its procedure as possible, and therefore should avoid, in voting, the finer points of parliamentary rules which may serve only to obscure the issues. Section 7 A Planning Commission member who attends a meeting of the City Council as a representative of the Commission should follow the following guidelines: (a)The official representative need not speak on every issue referred to the Council, but should participate in Council discussion when it appears necessary. (b)The representative should answer questions about Commission policies if these are addressed to him or her by the Council. (c)The representative should support the Commission’s majority report and should not present his or her own point of view, or that of the minority, unless specifically asked. Section 8 In the interest of avoiding bias, an individual Planning Commission member shall not discuss with the applicant for a specific land use, or others interested in the application, any request that is to be heard by the Commission and on which he or she will vote, except that answering questions relating to time, place, and Commission procedures will not be considered as violations of this rule. -5- ARTICLE V. Officer’s Duties Section 1 The officers of the Commission shall be a President, Vice President, and Executive Secretary. Section 2 The President and Vice President shall be elected to one-year terms. The election shall take place at the year’s first regular meeting following Council action on four-year appointments to the Commission. The new officers shall assume their duties immediately. Section 3 The President shall preside at all meetings and is eligible to vote on all matters, except as provided in Article III. Section 4 The Vice-President shall perform all the duties of the President in the President’s absence. Section 5 The Executive Secretary shall be the Planning Director of the city of Eugene. He or she shall be responsible for keeping the records of the Commission, arranging for meetings, preparing agendas, and performing such other services of the Commission as are customary in that role. ARTICLE VI. Subcommittees Section 1 The President shall appoint subcommittees as needed. Section 2 The President may appoint a chairperson for each subcommittee, or may serve in that capacity himself or herself. Section 3 The President shall be an ex officio member of all subcommittees. ARTICLE VII. Advisory Committees Advisory committees to the Commission may be appointed by the President with concurrence of Commission members. ARTICLE VIII. Amendments to By-Laws These By-Laws may be amended by an affirmative vote of at least four (4) voting members at any regular meeting, providing notice of such amendment is given at a preceding regular meeting. -6-