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2024-08-08 - Agenda PacketSpokane jValley Notice and Agenda For Regular Meeting Spokane Valley Planning Commission Thursday, August 8, 2024 at 6:00 p.m. Remotely via ZOOM meeting and In Person at: Spokane Valley City Hall located at 10210 E Sprague Avenue NOTICE IS HEREBY GIVEN that a Regular Spokane Valley Planning Commission meeting will be held August 8, 2024, beginning at 6:00 p.m. The meeting will be held in Council Chambers at Spokane Valley City Hall located at 10210 E Sprague Avenue, Spokane Valley, Washington. The purpose of the meeting is to consider the items listed below on the Agenda. NOTE: Members of the public may attend Spokane Valley Planning Commission meetings in -person at City Hall at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in -person or via Zoom as described below: Public comments will only be accepted for those items noted on the agenda as `Public comment' or `Public hearinr." If making a comment via Zoom, comments must be received by 4:00 pm, the day of the meeting. Please email plannin ,snokanevallevwa.eov or call the Planning Commission Secretary at 509-720-5112 to be added to the Zoom speaker list. Otherwise, comments will be taken in -person at the meeting, as noted on the agenda below: LINK TO ZOOM MEETING INFORMATION: hi�2s:Hspokanevalley.zoom.us/i/87146597722 One tap mobile US: +12532158782„ 87146597722# or+13462487799„87146597722# US Dial by your location US: +1 253 215 8782 US AGENDA: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES: July 25, 2024 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT 8. PUBLIC COMMENT: This is an opportunityfor the public to speak on any subject except items listed as public comment opportunity or public hearing as comments will be taken when those items appear on the agenda. 9. COMMISSION BUSINESS: a. Study Session: Planning Commission Rules Of Procedure Review (Presented By Tony Beattie) 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT Regular Meeting Minutes Spokane Valley Planning Commission Spokane Valley City Hall July 25, 2024 I. Chairman Robert McKinley called the regular meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. Commissioner Wilson moved, and it was seconded, to have a ten-minute recess to allow Commissioners to arrive due to traffic delays. There was no discussion. The vote on the motion was five in favor, zero against, and the motion passed. The meeting was called back to order at 6:10 p.m. II. The Commissioners and staff stood for the Pledge Of Allegiance. III. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Susan Delucchi Tony Beattie, Deputy City Attorney Michael Kelly Chaz Bates, Planning Manager Bob McKinley Justan Kinsel, IT Specialist John Robertson Marianne Lemons, Administrative Assistant Vadim Smelik Justin Weathermen Dan Wilson IV. AGENDA: Commissioner Wilson moved, and it was seconded, to approve the meeting agenda for July 25, 2024, as submitted. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. V. MINUTES: Commissioner Delucchi moved, and it was seconded, to approve the June 13, 2024, minutes as presented. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. Commissioner Weathermon moved, and it was seconded, to approve the June 27, 2024, minutes as presented. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. VI. COMMISSION REPORTS: Vice -Chair Delucchi reported that the average amount of park space per 1,000 people is 10.4 acres in United States cities of comparable size to Spokane Valley. However, the City of Spokane Valley code requires one-third the national average while the City of Spokane is double that amount. 07-25-2024 Planning Commission Minutes Page 2 of 3 Commissioner Smelik reported that he thinks there needs to be a wide range of housing options. He thinks it is important to make sure that the Planning Commission is looking at all ranges when doing the upgrades to the comprehensive plan. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that the State of the City was held on July 24, 2024, at Centerplace and the video will be uploaded for the public to view. He also reported that the first reading of the ordinance for STV-2024-0002 was held with the City Council on July 23, 2024. He also asked the Commission if they would like to have an online short course on September 26, 2024, via Zoom from 6:00 — 8:00 p.m. There was a consensus from the Commission to view the short course. VIII. PUBLIC COMMENT: There was no public comment offered. IX. COMMISSION BUSINESS: a. Study Session: Planning Commission Rules Of Procedure Review Deputy City Attorney Tony Beattie presented a staff report regarding proposed changes to the Planning Commission Rules of Procedure. He explained that he made some minor adjustments in the language to make it clearer and he requested direction from the Commission for additional proposed changes. Commissioner Delucchi suggested permanently removing the meetings held on the 4`h Thursday of November and December. Chairman McKinley also recommended removing the first meeting in January to allow for Commission appointments. Commissioner Delucchi requested an addition of "Non -Action Items" to the agenda. Attorney Beattie stated that he will add additional language to the section regarding public hearings to make it easier to understand. He also said that he will clean up the language regarding quasi-judicial hearings. He will make sure that the language is consistent between the Ordinance that is passed by the City Council and the Rules of Procedure document. Mr. Beattie stated that the revisions will be brought back to the Planning Commission for consideration during another study session at the meeting on August 8 b, 2024. X. GOOD OF THE ORDER: There was nothing offered for the Good Of The Order. XI. ADJOURNMENT: Commissioner Delucchi moved, and it was seconded, to adjourn the meeting at 7:10 p.m. The vote on the motion was seven in favor, zero against, and the motion passed. 07-25-2024 Planning Commission Minutes Page 3 of 3 Bob McKinley, Chairman Date Signed Marianne Lemons, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: August 8, 2024 Item: Check all that apply ❑ old business ❑ new business ❑ public hearing ❑ information ® study session ❑ pending legislation AGENDA ITEM TITLE: Planning Commission Rules of Procedure Review — Part 2 GOVERNING LEGISLATION: SVMC 18.10.030 PREVIOUS COMMISSION ACTION: Planning Commission Rules of Procedure: Adopted by Planning Commission 02-19-05; Revised by Resolution 10-004, 02-09-2010; Revised by Resolution 1I- 010, 11-29-2011; Revised by Resolution 12-006, 10-30-2012; Revised by Resolution 20-003, 03-24- 2020; Revised by Resolution 23-008, 06-20-2023; Revised by Resolution 24-003, 02-20-2024; Planning Commission Rules of Procedure Review, 07-25-2024. BACKGROUND: The City of Spokane Valley Planning Commission was established in 2003 during the incorporation of the City. In addition to chapter 18.10 SVMC, the Planning Commission has Rules of Procedure to assist in guiding the governance of its meetings. Such rules are approved by the Planning Commission and ultimately adopted by City Council resolution. The last major review of the rules occurred in 2020. On July 25, 2024, the Planning Commission provided guidance to staff on recommended changes to the Rules of Procedure. Staff is seeking input from the Planning Commission on the proposed language incorporating the recommendations, and any additional suggestions that Commissioners may have. Staff will bring forward a final copy of the Rules of Procedure at a future meeting for final action. RECOMMENDED ACTION OR MOTION: Discussion only. Staff will bring forward a final copy of the Rules of Procedure at a future meeting for final action. STAFF CONTACT: Chaz Bates, Planning Manager; Tony Beattie, Senior Deputy City Attorney ATTACHMENTS: Planning Commission Rules of Procedure Amendments RPCA Planning Commission Rules of Procedure Amendment Page 1 of I City of Spokane Valley Planning Commission Rules of Procedure Adopted by Planning Commission 02-19-05 Revised by Resolution 10-004, 02-09-2010 Revised by Resolution 11-010, 11-29-2011 Revised by Resolution 12-006, 10-30-2012 Revised by Resolution 20-003,03-24-2020 Revised by Resolution 23-008, 06-20-2023 Revised by Resolution 24-003, 02-20-2024 NINI erns9-�iMMM07 f57rJ7�}l7seRf f7nrr,Rerne7af neTasmer.�rn!ssr usn:rinerrsrr.r res!s!!s�asrs!s!�rrerr.. ORGANIZATION AND RULES OF PROCEDURE 1. Name The "City of Spokane Valley Planning Commission," hereinafter referred to as the "Commission" is an advisory body created by the City Council for purposes consistent with chapter 18.10 of the Spokane Valley Municipal Code (SVMC). 2. Location The Commission meetings shall be held at City Hall Council Chambers, 10210 E. Sprague Avenue, Spokane Valley, WA, unless otherwise identified in the notice of meeting. 3. Officers A. Unless otherwise required by a vacancy in office, the Commission shall organize every year in accordance with chapter 18.10 SVMC. B. Officers of the Commission shall be elected from its membership; the officers shall be Chair and Vice Chair. C. Commission-membersers must have served at least one full calendar year to be eligible to be elected as an Officer. D. The Chair shall preside over the Commission meetings and exercise all powers incidental to the office, retaining however, the full right as a member of the Commission to propose motions, second motions, and have a vote recorded on all matters of the Commission. E. In the absence of the Chair from any meeting, the Vice -Chair shall perform all the duties incumbent upon the Chair, and retain the full right as a member of the Commission in the same manner as the Chair. If both the Chair and Vice -Chair are absent from any meeting, the Secretary will exercise the duties of the Chair for that meeting. 4. Secretary of the Commission A. The City Manager shall assign a Secretary to the Commission. Planning Commission Rules of Procedure Amendment Page 1 of 10 B. The Secretary shall provide for a recording of all Commission meetings, including public hearings, and shall ensure that summary minutes of all public hearings and meetings are prepared, approved, and filed in the public record. C. The Secretary shall conduct and record a roll call of the Commissioners members at each meeting, public hearing and study session. 5. Attendance: A. Excused Absences: Members of the Commission may be excused from meetings with notification to the Chair, Vice Chair, or Secretary of Building Offiei4,-prior to the meeting, and by stating the reason for the inability to attend. Following or prior to roll call, the Presiding Officer shall inform the Commission of the member's absence, and inquire if there is a consent motion to excuse the member. The motion shall be non -debatable. Upon consent by a majority of members present, the absent member shall be considered excused and the Secretary shall make an appropriate notation in the minutes. B. Unexcused Absences: A Commissioner's responsibility to attend Commission meetings should not be taken lightly, nor should a decision to remove a Commissioner for missing meetings. As soon as possible after two consecutive unexcused absences, and prior to a third consecutive unexcused absence, the absent Commissioner must request a leave of absence if they desire to remain on the Commission. At a third consecutive meeting where a Commissioner is not excused and there has been no request for a leave of absence, the absent Commissioner's seat shall be forfeited effective immediately. C. Leave of Absence: 1. A Commissioner whose serious health or physical condition would prevent them from performing the duties of the Planning Commission may ask to be placed on a leave of absence under the following conditions: Ia. Such serious health or physical condition must be certified in writing by a medical physician. 3b. The request for a leave of absence shall be in writing, and hand -delivered or mailed to the Secretary of the Commission or ➢.1'�ial at least one week prior to the date when such leave would commence. 4c. The request for a leave of absence must state the anticipated date the Commissioner will resume their duties. d.By majority vote of the whole Commission, a leave of absence shall be granted as follows:ea�. and shall not exceed 90 days from the date the motion is passed by Commission: Vic. At the end of the 90-day leave of absence, the absent Commissioner shall either: aJ. Return to normal Commission duties commencing with the first Thursday meeting following the end of the 90-day leave; or b:ii. Submit a letter of resignation to the Secretary of the Commission. Planning Commission Rules of Procedure Amendment Page 2 of 10 A leave of absence may only be granted twice during a Commissioner's three-year term, with no less than six months between each request. Upon approval of a leave of absence, the absent Commissioner shall not be replaced with a pro-tem Commissioner during the absence. 6. Election of Officers A. Officers shall be elected at the first regular meeting in years Election shall require four affirmative votes c." - " f the Commission, and voting may be by Paper ballot. Terms of office shall run from the first January meeting until December 31, or until a successor has been elected. No Commissioner -member shall serve more than two full consecutive terms as Chair of the Commission. No Commissioner -member shall serve as Vice -Chair for more than two full consecutive terms. B. In the event that the Commission has no sitting Chair at the first regular meeting in January, the Vice -Chair will preside over the Commission until officers are elected. If at the first regular meeting in January, both the Chair and Vice -Chair are no longer Commissioners members, the Secretary will preside over the meeting until Officers are elected. C. A vacancy in either the Chair or Vice -Chair shall be filled by a special election, to be held at a convenient time with a majority present. In the event that the office of Chair is vacated, the Vice - Chair shall serve in that capacity until the required special election is held. No member can hold two office positions concurrently. 7. Rules of Order The Secretary shall serve as the official parliamentarian for all meetings and shall keep a copy of the current "Robert's Rules of Order" in the Council Chambers during Commission meetings. Robert's Rules of Order shall govern the conduct of all public meetings of the Commission except when they conflict with these Rules of Procedure. 8. Quorum A quorum shall consist of a majority of the Commission and no action can be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must be present for all meetings. 9. Votine A. The affirmative vote of a majority of those present shall be necessary for the adoption of any motion or other general matter. B. For the conduct of business dealing with the adoption or changes to the City's Comprehensive Plan, at least four affirmative votes must be cast. No proxy shall be allowed. C. Commissioners members present when the question was called shall give their vote. If any Commissioner-mernbeF refused to vote "aye" or "nay" their vote shall be counted as a nay vote, unless the Commissioner -member has recused themselves due to actual or perceived appearance of a conflict of interest, which shall be so stated prior to the vote at hand. Abstentions are not permitted. D. No member may participate or vote on a matter unless the member has been in attendance at all public hearings regarding such matter, or has listened to the recording of the public hearing and reviewed the written record of the matter in question. Commissioners who were not present shall confirm on the record that they listened to the recording and reviewed the written record of the matter in question prior to voting Planning Commission Rules of Procedure Amendment Page 3 of 10 10. Meetims A. Excent when otherwise snecified by these rules. regular meetings shall be scheduled on the 2nd and 4th Thursdays of each month, commencing at 6:00 p.m. and ending not later than 9:00 P.M. Meeting ending time may be extended by a majority vote of the Commission. There shall be at least one regular meeting each month not less than nine months in each year with additional meetings scheduled as necessary. There shall not be two consecutive months without a meeting. Unless business otherwise requires it, the Commission shall not meet on the 2nd Thursday in January, the 4th Thursday in November, or the 4th Thursday in December. , except • hen «eo"�a as noted below. D....ulaf ...eeti...... shall 1.,...,.1.,.,1..led on "l 'lag __I lh'Ruf...1ays o f the , eetwneneing a4 6:00 p.m. and ending not la4ef than 9:00 p.m. Mooting onding tiato Meetings may be used for general planning matters, study sessions or public hearings as described below. 1. Meetings on General Planning Matters. General planning matters to be reviewed by the Commission will typically be preceded by a study session of the Commission to discuss the issues with City staff. Generally, no testimony from the public shall be taken at a study session. 2. Public Hearing Meeting. A public hearing is a meeting to provide the public an opportunity to comment or give testimony on a proposed action or items such as the Comprehensive Plan, or development regulations. The Commission may deliberate upon the item immediately after the hearing, or during another scheduled meeting(s). 3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the Chair or, in the absence of the Chair, by the Vice -Chair. Notice of cancellation shall be given to Commissioners, and to the public by posting a notice at City Hall and on the City's website. The Commission, in concert with City staff, shall strive to cancel meetings six weeks prior to the meeting date. 4. The recommended order of business for meetings is: a. Call to order by Chair. b. Pledge of Allegiance. c. Roll call by Secretary. d. Approval of Aagenda. e. Approval of minutes. f. Commissioner-rnernbff reports. g. Administrative reports. It. Public comment. i. Commission business. a. Action items }b. Non -Action items j. For the good of the order. k. Adjournment. Planning Commission Rules of Procedure Amendment Page 4 of 10 B. Commission meetings shall be held pursuant to the Open Public Meetings Act, chapter 42.30 RCW. C. Special meetings may be called: 1. By a written or verbal request to the Chair, or in the Chair's absence, to the Vice -Chair, or by a majority of the members of the Commission, or City staff. 2. By approved motion of the Commission. 3. Notice of a special meeting shall be provided as required pursuant to chapter 42.30.080 RCW, including posting notice of such meeting at least 24 hours before the time of such meeting as specified in the notice. 11. Conduct of Hearings A. Actions for a Commission Public Hearing. 1. Prior to the start of the public hearing, the Chair may require that all persons wishing to be heard sign in with the Secretary, giving their name, city of residence, the agenda item, and whether they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in shall wait to speak until all those who have signed in have had an opportunity to speak; and when they speak at the hearing, shall give their name and city of residence. 1r@ffk+g=.=The Chair may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.). 2. Conducting the Public Hearing. The Chair shall introduce-eaek-agefi&4tem, and open each public hearing by stating the time and title of the matter.; Then the Chaim shall announce the order of the proceedings, which shall generally follow the order listed below: a. The Chair will allow staff to describe the matter under consideration and place the issue and any documents into the public record. b. The Chair will inquire as to whether Commissioners have any questions of staff. If any Commissioner has questions, the appropriate individual will be recalled. c. The Chair will allow proponents, opponents and the public to offer testimony and evidence on the pending matter. The Chair may allow Commissioners to ask questions of any person at the conclusion of their testimony. d. At the conclusion of the public testimony, the Chair may ask staff if there is any additional information, testimony or evidence to submit for the record. e. The Chair will then either close the public hearine or entertain a motion to continue the proceeding to future date and time, and state the time for the record. Additional testimony may not be requested or considered after the closingof f the public hearing, however, the Chair may declare that the public hearing will remain open until a date certain for the pumose of receiving written testimony or materials. After closing the public hearing, the Commission may only request clarification from staff on matters that were previously submitted to the Commission during the public hearing — this is not a time to gather more information. f. At the close of the public hearing, the Chair will inquire if there is a motion by any Commissioner. The motion may be as follows: i, Move to recommend anproval of (the pending matter) Planning Commission Rules of Procedure Amendment Page 5 of 10 ii. Move to recommend approval of (the pending matter) with the following modifications: (listed here) III. Move to recommend denial of (the pending matter). Following the motion and its second, discussion will occur among Commissioners. R. The Chair will inquire if there is any further discussion by the Commissioners If the It. The Chair will inquire of the Commissioners if they are ready for the question. i. The Chair will call for the vote on the motion and, following the vote, announce the outcome of the vote. If a motion fails, another motions shall be made until the Commission's recommendation garners the required number of votes. 2-.L following Rules e f ,_de public testimony at public hearings. The Chair, subject to concurrence by the majority of the Commission, may establish alternate time limits and otherwise control presentations. The following rules and other $such limits shall be established and announced prior to hppi ...inn the 'harm the time for public testimony at the public hearingz: a. All public comments shall be made from the speaker's podium and shall be directed to the Commission. Any individual making comments shall first give their name and city of residence. This is required because an official recorded transcript of the public hearing is being made. b. It is not necessary to be a proponent or opponent in order to speak. Those who are neither a proponent nor an opponent, should speak during the proponent portion and indicate that they are neither a proponent nor an opponent. c. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting as allowed by law. d. We ask that there be no demonstrations, applause or other audience participation during or at the conclusion of anyone's presentation. It is distracting to the Commission and takes time away from the person who is testifying.. e. Please limit your testimony to three minutes. (unless a majority of the Commission agrees to allow the Chair to extend time) f. These rules are intended to promote an orderly system of holding a public hearing and to give all that wish to speak an opportunity to be heard. B. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the Commissioners members should give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any parry to the proceedings; 2. A direct or indirect financial interest in the outcome of the proceeding; 3. A prejudgment of the issue prior to hearing the facts on the record, or 4. Had ex parte contact with any individual, excluding staff, with regard to an issue prior to the hearing. Please refer to Section 156(B) for more specific information on how to proceed where there has been an ex parte communication. If any Commissioner=awnibff should determine that items (C)(1-4) should apply to them, they should consult with a member of the legal staff, prior to the meeting, to determine if a conflict of interest violation exists pursuant to the Appearance of Fairness Doctrine. If such a violation or a perception of a violation exists, the Commissioner should recuse themselves. Planning Commission Rules of Procedure Amendment Page 6 of 10 NN. !�i!71if!EF!'1!lfif!!TR_ RPJ.Ii'35!R�l�!!Ai:RR57lI.'NSS17'JSR!<R7s5.. _ .. _ . .. 12. Agenda, Staff Reports and Minutes for Regular Meetings. A. A copy of the agenda for every regular meeting of the Commission will be sent to each member up to seven days prior to the date of the meeting. B. Staff reports will be sent to Commissioners memberg with the agenda. Agendas and staff reports will be made available to applicants and the public at the same time. CA._ Minutes of all meetings shall be kept, and the complete files of proceedings and actions taken in connection therewith shall be considered theI record and filed with the City Clerk. B- The Secretary shall provide the Commissioners members with a set of minutes of the previous meeting. These minutes shall be considered for approval by the Commission at a regularly scheduled public meeting and upon approval, shall become part of the official record of action of the Commission. Approved and signed minutes shall also be transmitted to the City Clerk. D. The Commission shall submit a year end report as an information item to the City Council outlining the items worked on during the previous year. 134. Recording of Meetings Planning Commission Rules of Procedure Amendment Page 7 of 10 Whenever possible, proceedings of all public hearings, meetings, study sessions and any special meeting shall be recorded and retained in accordance with the Washington State Archives Retention Schedule. 145. Statement of Ethics / Code of Conduct A. Statement of Ethics. It is hereby recognized and established that high moral and ethical standards of Commissioners members are vital and essential to provide unbiased, open, and honest conduct within all phases and levels of government; that rules of ethics are helpful in guiding Commissioners members to eliminate or prevent actual or perceived conflicts of interest in public office, and to improve and elevate standards of public service so as to promote and strengthen the confidence, faith and trust of the people of the City of Spokane Valley in their local government. B. Interests in Contracts Prohibited; Exceptions. No Commissioner -member shall be beneficially interested, directly or indirectly, in any contract which may be made by, through, or under the supervision or direction of any City of Spokane Valley employee, in whole or in substantial part, or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any person beneficially interested therein. The foregoing shall not apply to the exceptions specified in RCW 42.23.030, which are incorporated herein as if fully set forth. C. Conflicts of Interest 1. A Conflict of Interest includes: a. Engaging in a transaction or activity which impairs, or would to a reasonable person appear to impair, the Commissioner's membeF's independence of judgment or action in the performance of their official duties; b. A Commissioner membe having a financial or other private or personal interest in any matter upon which the member is required to act in the discharge of his or her official duties; c. A "Professional Conflict of Interest" includes any real or perceived conflict of interest caused by circumstances such as a Commissioner'sme-aber's employment, past or present. Where the Commissioner'smember's employer or professional activity is only tangentially related to a matter before the Commission, recusal need not occur if the Commissioner member can reasonably conclude that the connection is or was remote and inconsequential. d. If a Commissioner member is required to refrain from deliberation or participation by their employer because of a real or perceived conflict of interest, then the Commissioner member will be allowed to recuse or withdraw from that deliberation. 2. Conflict of Interest Procedure: Every Commissioner-nwmber who has a conflict of interest shall publicly disclose the conflict at the next Commission meeting after the Commissioner member discovers the conflict. If a discovery or determination of a conflict is made during a Commission meeting, the Commissioner membe. shall publicly disclose the conflict at that time. The nature and extent of such conflict of interest shall be fully disclosed, and a summary of the same shall be incorporated into the official minutes of the Commission proceedings. a. If a Commissioner-membef feels that they cannot be unbiased because of any conflict of interest, the Commissioner -member shall recuse themselves from further proceedings on the issue. Such Commissioner-membff shall make a public statement disclosing the reasons why the Commissioner memher believes they are disqualified, and state they are recusing themselves from the issue. The disqualified Commissioner -member will then leave the Council Chambers until such time as the issue at hand has been disposed of in the regular course of business. If there are other matters on the agenda, then the disqualified Planning Commission Rules of Procedure Amendment Page 8 of 10 Commissioner membp must return to the Council Chambers to participate in the other matters as soon as the Commission ends discussion of the matter in which the disqualified Commissioner membeF has a conflict of interest. D. Other Prohibited Acts. Commissioners meml3ers are prohibited from: 1. Acting in a manner which would result in neglect of duty, misfeasance or malfeasance in office. 2. Acting in a manner that intentionally disrupts Commission meetings. 3. Using their position to secure special privileges or exemptions for themselves or others. 4. Directly or indirectly receiving, accepting, taking, seeking, or soliciting anything of economic value regardless of the amount, as a gift, gratuity, or favor. 5. Engaging in or accepting private employment or rendering services for any person or engaging in any business or professional activity when such employment, service or activity is incompatible with the proper and faithful discharge of their official duties as a Commissioner member, or when it would require or induce the Commissioner- member to disclose confidential information acquired by reason of such official position. 6. Disclosing confidential information gained by reason of their membership on the Commission or using such information for their personal gain or benefit. 7. Engaging in any meeting that violates the Open Public Meetings Act (OPMA). The OPMA strictly forbids any meeting of a quorum of the Commission during which any City business is discussed. The OPMA provides that Commissioners may: a. meet informally in less than a quorum and discuss City business, and b. meet in a quorum if City business is not discussed. However, Commissioners are encouraged to be mindful that such meetings risk creating the appearance of a violation of the OPMA and such meetings should be avoided. 156. Appearance of Fairness A. The Commission shall adhere to the applicable requirements of the Appearance of Fairness Doctrine, chapter 42.36 RCW. B. During the pendency of any quasi-judicial proceeding, no Commissioner -member may engage in ex parte communications with proponents or opponents about any proposal involved in the pending proceeding, unless:-. 1. The Commissioner —member places on the record the substance of such oral or written communications; and 2. The Commissioner—mcbef provides a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and Commissioners members if the correspondence is made part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) 167. Review of These Rules of Procedure The Commission shall review these rules of procedure ^^ the fir^' ^ nivefsaf by years of -after their adoption and eveFy these years these , c«o_ Proposed changes upon the recommendation of the City Attorney, City staff, or the Commission, may be brought forward as appropriate. Any proposed amendments Planning Commission Rules of Procedure Amendment Page 9 of 10 identified by the Ge ff.Hissien of •he Gib, "..,...ney shall be forwarded to the City Council for review and ratification. Planning Commission Rules of Procedure Amendment Page 10 of 10