HomeMy WebLinkAbout20140728_Reso2014-24_PC BylawsROH - 07/28/14
RESOLUTION NO. 2014 -24
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING AND ADOPTING
AMENDMENTS TO THE BYLAWS OF THE PLANNING
COMMISSION OF THE CITY OF SANTA ANA
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The powers and duties of the Planning Commission are specified in
Section 910 of the Charter of the City of Santa Ana and in Section 2 -350,
et seq., of the Santa Ana Municipal Code.
B. The City Charter requires that each board or commission prescribe rules
and regulations governing its operations.
C. The current Bylaws of the Planning Commission of the City of Santa Ana
are set forth in Resolution No. 01 -44, adopted September 24, 2001.
D. The Planning Commission desires to amend its Bylaws herein. All
portions of Planning Commission Resolution No. 01 -44 not revised by this
resolution shall remain in full force and effect.
E. All provisions of the Planning Commission Bylaws that are repeated herein
are repeated solely in order to comply with the provisions of Section 418 of
the City Charter. Any such restatement of existing provisions of the Bylaws
is not intended, nor shall it be interpreted, as constituting a new action or
decision of the Planning Commission, but rather such provisions are
repeated for tracking purposes only in conformance with the Charter.
Section 2. The Planning Commission of the City of Santa Ana hereby
approves and adopts the following amendments to the Bylaws of the Planning
Commission of the City of Santa Ana as follows (new language underlined):
9. ABSTENTIONS AND CONFLICTS OF INTEREST
a. No member of the Commission shall abstain from any vote unless
disqualified.
b. A member shall openly state the fact and nature of his /her disqualification
and then absent himself /herself from the room during debate and vote on the matter.
C. A member is not disqualified from voting because of absence from any
part of the public hearing, provided such member has read the staff report and minutes
pertaining to the hearing, any and all documentary evidence introduced in the hearing,
and provided further that such member shall be given the opportunity to ask questions
of any interested persons who are present and of the other members of the Commission
concerning matters discussed at the hearing.
d. Each Commissioner shall decide for himself /herself whether to disqualify
himself /herself by reason of a financial conflict of interest in accordance with State law.
Each Commissioner shall be entitled to consult with the Commission's legal counsel
privately prior to making such a decision and should do so as early as possible after
perceiving the possible conflict.
e. Each Commissioner shall complete and submit to the Commission
Secretary an ex parte disclosure form, as approved by the Executive Director of the
Planning and Building Agency and the City Attorney, as applicable and necessary to
document any and all ex parte communications with applicants or outside parties, prior
to the commencement of any form of hearing before the Commission on the subject
matter. If any ex parte communications occur after the commencement of the matter,
but before the matter is closed, the Commissioner shall submit a supplemental ex parte
disclosure form to the Commission Secretary.
15. THE CITY OF SANTA ANA CODE OF ETHICS AND CONDUCT
The Commission hereby adopts and incorporates by reference the Code of
Ethics and Conduct, originally adopted by the City Council of the City of Santa Ana on
June 2, 2008, and as may be amended by the City Council. All Commissioners shall be
required to abide by the rules and regulations of said Code of Ethics and Conduct.
Section 3. This Resolution shall take effect immediately upon its adoption by
the Planning Commission, and the Commission Secretary shall attest to and certify the
vote adopting this Resolution.
ADOPTED this 28th day of Jam, 2014.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Rye
As:
Alderete, Gartner, Mill, Nalle, Yrarrazaval (5)
Bacerra, Bauer (2)
None (0)
None (0) !,
unairman
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2014 -24 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on July 28, 2014.
Date: 2�
Planning Commission Secretary
City of Santa Ana