Loading...
Resolution 24-016 Revising Planning Commission RulesCITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO.24-016 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING THE CITY OF SPOKANE VALLEY REVISED PLANNING COMMISSION RULES OF PROCEDURE; AND OTHER MATTERS RELATED THERETO. WHEREAS, Spokane Valley Municipal Code Section 18.10.030 establishes the rules for the Spokane Valley Planning Commission, and mandates that the Planning Commission adopt rules and procedures as are necessary for the conduct of business, subject to the approval of the City Council; WHEREAS, the Planning Commission Rules of Procedure were last updated and approved by the City Council on February 20, 2024 pursuant to Resolution 24-003 in order to relocate regular meetings to City Hall Council Chambers; WHEREAS, the Planning Commission held meetings on July 25, 2024, August 8, 2024, and September 12, 2024 to consider changes to the Rules of Procedure; WHEREAS, the Planning Commission voted on September 12, 2024 to approve the Rules of Procedure as amended by a vote of five to one; and WHEREAS, the Planning Commission voted on November 14, 2024 to approve an additional change to the Rules of Procedure regarding the eligibility of Commissioners to serve as Chair and Vice Chair of the Commission by a vote of five to zero. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: Section 1. Adoption of Spokane Valley Planning Commission Rules of Procedure. The Spokane Valley City Council hereby adopts the Spokane Valley Planning Commission Rules of Procedure as recommended by the Planning Commission on November 14, 2024, which are attached hereto and made a part hereof. Section 2. All prior Planning Commission Rules of Procedure are repealed. Any previously adopted versions of the Planning Commission Rules of Procedure and the resolutions which adopted those previous versions, are hereby repealed in their entirety. Section 3. Effective Date. This resolution shall be in full force and effect upon adoption. Adopted this 23rd day of December, 2024. CITY OF SPOKANE VALLEY Pam Haley, Mayor ATTEST: arci atterson, City Clerk Resolution 24-016 Adopting Planning Commission Rules of Procedure 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, I1-29-2011 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 ORGANIZATION AND RULES OF PROCEDURE I. 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) which can be accessed at https://www.codepublishing.com/WA/SpokaneValley/. The Commission's duties and responsibilities are outlined in 18.10.050 SVMC. ii_ Larntion 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. III.Offieers 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. Commissioners must have served at least 9 months and have attended a minimum of 14 meetings as a Commissioner to be eligible to be elected as an officer. C. Election of Officers. 1. Officers shall be elected at the first regular meeting each year. Election shall require four affirmative votes of 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 shall serve more than two full consecutive terms as Chair of the Commission. No Commissioner shall serve as Vice -Chair for more than two full consecutive terms. 2. 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, the Secretary will preside over the meeting until Officers are elected. 3. 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, Planning Commission Rules of Procedure Amendment Page 1 of 8 the Vice -Chair shall serve in that capacity until the required special election is held. No member can hold two office positions concurrently. 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. IV. Secretary of the Commission A. The City Manager shall assign a Secretary to the Commission. 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 at each meeting, public hearing and study session. D. 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. V. Attendance: A. Excused Absences: Members of the Commission may be excused from meetings with notification to the Chair, Vice Chair, or Secretary 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: a. Such serious health or physical condition must be certified in writing by a medical physician. Planning Commission Rules of Procedure Amendment Page 2 of 8 b. The request for a leave of absence shall be in writing, and hand -delivered or mailed to the Secretary of the Commission at least one week prior to the date when such leave would commence. c. 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 , and shall not exceed 90 days from the date the motion is passed by Commission; e. At the end of the 90-day leave of absence, the absent Commissioner shall either: Return to normal Commission duties commencing with the first Thursday meeting following the end of the 90-day leave; or ii. Submit a letter of resignation to the Secretary of the Commission. f. 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. VL Votin2 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. Except as otherwise provided by these rules, Commissioners present when the question was called shall give their vote. If any Commissioner refused to vote "aye" or "nay" their vote shall be counted as a nay vote, unless the Commissioner 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 except as otherwise provided by these rules. 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. VIL Meetings A. 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. B. Except when otherwise specified 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 for at least nine months in each year with additional meetings Planning Commission Rules of Procedure Amendment Page 3 of 8 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. 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 two 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 agenda. e. Approval of minutes. f. Commissioner reports. g. Administrative reports. h. Public comment. i. Commission business. • Action items • Non -Action items J. For the good of the order. k. Adjournment. C. Commission meetings shall be held pursuant to the Open Public Meetings Act, chapter 42.30 RCW. D. 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. VIII. Public Hearing Procedures Planning Commission Rules of Procedure Amendment Page 4 of 8 A. 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. 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.). B. Opening the Public Hearing. The Chair shall introduce, and open each public hearing by stating the time and title of the matter. C. Evidence and Testimony. The public hearing shall generally adhere to the following order: 1. The Chair will allow staff to describe the matter under consideration and place the issue and any documents into the public record. 2. The Chair will inquire as to whether Commissioners have any questions of staff. If any Commissioner has questions, the appropriate individual will be recalled. 3. 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. 4. 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 the time for public testimony at the public hearing: 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. 5. 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. D. Closing the Public Hearing and Post -hearing Procedure. The Chair will then either close the public hearing 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 closing of the public hearing, however, the Chair may declare that the public hearing will remain open until a date certain for the purpose of receiving written testimony or materials. Planning Commission Rules of Procedure Amendment Page 5 of 8 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. 1. 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: a. Move to recommend approval of (the pending matter) b. Move to recommend approval of (the pending matter) with the following modifications: (listed here) c. Move to recommend denial of (the pending matter). Following the motion and its second, discussion will occur among Commissioners. 2. The Chair will inquire if there is any further discussion by the Commissioners If the 3. The Chair will inquire of the Commissioners if they are ready for the question. 4. 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. E. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the Commissioners should give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party 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 15(B) for more specific information on how to proceed where there has been an ex parte communication. If any Commissioner should determine that any items in section (E)(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. IX. 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 with the agenda. Agendas and staff reports will be made available to applicants and the public at the same time. C. Minutes of all meetings shall be kept, and the complete files of proceedings and actions taken in connection therewith shall be considered a public record and filed with the City Clerk. The Secretary shall provide the Commissioners 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. Planning Commission Rules of Procedure Amendment Page 6 of 8 X. Recording of Meetings 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. XI. Statement of Ethics / Code of Conduct A. Statement of Ethics. It is hereby recognized and established that high moral and ethical standards of Commissioners 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 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 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 include: 1. Engaging in a transaction or activity which impairs, or would to a reasonable person appear to impair, the Commissioner's independence of judgment or action in the performance of their official duties; 2. A Commissioner 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; 3. A "Professional Conflict of Interest" includes any real or perceived conflict of interest caused by circumstances such as a Commissioner's employment, past or present. Where the Commissioner's employer or professional activity is only tangentially related to a matter before the Commission, recusal need not occur if the Commissioner can reasonably conclude that the connection is or was remote and inconsequential. 4. If a Commissioner is required to refrain from deliberation or participation by their employer because of a real or perceived conflict of interest, then the Commissioner will be allowed to recuse or withdraw from that deliberation. D. Conflict of Interest Procedure: Every Commissioner who has a conflict of interest shall publicly disclose the conflict at the next Commission meeting after the Commissioner discovers the conflict. If a discovery or determination of a conflict is made during a Commission meeting, the Commissioner 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. If a Commissioner feels that they cannot be unbiased because of any conflict of interest, the Commissioner shall recuse themselves from further proceedings on the issue. Such Commissioner shall make a public statement disclosing the reasons why the Commissioner believes they are disqualified, and state they are recusing themselves from the issue. The disqualified Commissioner 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 Commissioner must return to the Council Chambers to participate in the other matters as soon as the Planning Commission Rules of Procedure Amendment Page 7 of 8 Commission ends discussion of the matter in which the disqualified Commissioner has a conflict of interest. E. Other Prohibited Acts. Commissioners 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, or when it would require or induce the Commissioner 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. XIL 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 may engage in ex parte communications with proponents or opponents about any proposal involved in the pending proceeding, unless: 1. The Commissioner places on the record the substance of such oral or written communications; and 2. The Commissioner 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 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) XIII. Review of These Rules of Procedure The Commission shall review these rules of procedure two years after their adoption. Proposed changes upon the recommendation of the City Attorney, City staff, or the Commission, may be brought forward as appropriate. Any proposed amendments shall be forwarded to the City Council for review and ratification. Planning Commission Rules of Procedure Amendment Page 8 of 8