HomeMy WebLinkAboutPlanning 2023-04-27 Item 7.3 - Bylaws UpdateCity of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Nora Gierloff, AICP, Director
STAFF REPORT TO THE PLANNING COMMISSION
Prepared March 28, 2023
REQUEST: Follow up on discussion of amendments to the Tukwila Planning Commission Rules of Procedure
(Bylaws). This item was last discussed at the February 23, 2023, meeting.
Amendment Process: Per Article IX of the current adopted Bylaws, amendment of the Rules of
Procedure requires a two thirds vote of the members present at any meeting, provided notice of
such proposed changes has been transmitted to the Commission not less than five (5) days prior
to the meeting.
STAFF: Nora Gierloff, AICP, DCD Director
Nancy Eklund, AICP, Long Range Planning Manager
ATTACHMENTS:
A. Proposed Planning Commission Bylaws - Clean Copy
B. Proposed Planning Commission Bylaws - Marked -up copy
BACKGROUND
At their December 8, 2022, meeting, the Commission reviewed the proposed "clean-up" changes to the bylaws,
as well as several changes requested by City administration to address new policies and legislative mandates. At
that time, the Commission concurred on most of the recommended amendments, and staff committed to
returning to the Commission with specific edits to the limited items the Commission requested. No vote was
taken on the document at that time.
At the Commission's February 23, 2023, meeting, the Commission reviewed and adopted only those changes
that City Administration had requested; they had asked for more time to review other clean-up changes
proposed to ensure the PC bylaws were not out of step with bylaws from other City boards and commissions.
Staff met with City Administration on March 20th to discuss the breadth of the amendments proposed for the PC
bylaws. At that time, Administration concurred with most of the recommended changes, but reinforced their
request that boards and commissions accept written general public comment only (comment/testimony
received at public hearings is acceptable). "General non-public hearing" comment received shall be:
a) forwarded to the Planning Commission Secretary by 5:00 p.m. the day preceding the Commission
meeting. If any communication is received by that date, it will be forwarded to the Commission prior to
the meeting; and
b) comment received after 5:00 p.m. will be held until the next PC meeting.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
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Planning Commission Agenda, 4/27/23
Amendment of Bylaws #3
3/28/23
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It was noted that the PC has specific areas of focus and responsibility and that not all general public comments
may warrant action on the part of the Commission. To address general public content received, the Commission
can ask staff to confer with Administration to determine if the comment's subject matter is something that
should be researched and added to a future meeting agenda, or addressed in some other way.
Changes Proposed in the Bylaws
The Commission reviewed the vast majority of the Bylaws amendment's content. Remaining items include:
1. Refinement of the officer succession process -Article IV - Duties (p. 6 on the "track changes" version);
2. Refinement of the meaning of "general non-public hearing comment" to be accepted by the
Commission (Article V, Sections D and E, pages 9-10);
3. Clarifying Meeting Decorum requirements (Article VI, D, p. 9 and 10) to keep public hearing guidance
together, and to be clear regarding comment received that the Commission may accept at a meeting;
and
4. Use of the term "testimony" when referencing public comment received by the Commission at public
hearings, to differentiate such comment from the term "general, non-public hearing" comment (Article
VI, Section F, p. 11).
REQUESTED ACTION
You have reviewed these sections previously, and they are provided here for your approval.
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RULES OF PROCEDURE
FOR THE
TUKWILA PLANNING COMMISSION
AND
BOARD OF ARCHITECTURAL
REVIEW
Adopted April 17, 1958
Amended November 29, 1973
Amended February 28, 1974
Amended July 29, 1982
Amended February 26, 1998
Amended March 23, 2006
Amended January 15, 2009
Amended August 25, 2011
Amended October 2017
Adopted February 23, 2023
Adopted April 27, 2023
RULES OF PROCEDURE
FOR THE
TUKWILA PLANNING COMMISSION AND
BOARD OF ARCHITECTURAL REVIEW
ARTICLE I — PURPOSE AND OBJECTIVES
Pursuant to the authority conferred by the Revised Code of Washington (RCW) 35A.63 and per
Tukwila Municipal Code (TMC) 2.36.010 the Planning Commission is hereby established to
serve in an advisory capacity to the Mayor and City Council for the City of Tukwila.
Purpose: The purpose of the Tukwila Planning Commission is to perform the function of a
Municipal Planning Commission as set forth in RCW Chapter 35.63 and Chapter 2.36 of the
TMC on matters relating to land use, comprehensive planning and zoning. In the City of
Tukwila, members of the Planning Commission also serve as the Tukwila Board of Architectural
Review (referred to herein as BAR or Board of Architectural Review). The purpose of the BAR
is to review land development and building design per TMC Chapter 18.60. (Unless otherwise
specified, the term "Commission" shall be used herein to reference the bylaws and rules of
procedure governing the operations of both commission capacities, i.e., the Planning
Commission and the Board of Architectural Review.)
The objectives of the Commission are as follows:
1. To influence, in a positive manner, the major planning efforts and projects that will affect
the City.
2. To advocate for consistency and integration among plans that provide a future image and
direction for the City as well as the means for meeting more immediate needs.
3. To ensure that effective citizen participation, including opportunities for timely public
involvement, are part of the City's planning processes.
4. To represent a whole -city viewpoint when evaluating proposed plans, projects, and
issues.
5. To make recommendations that recognize the City's needs and government's constraints,
as well as identified citizen viewpoints.
6. To fairly judge the merits of quasi-judicial applications.
The objective of the Board of Architectural Review is to provide review by public officials of
land development and building design in order to promote public health, safety and welfare.
Individual project approvals shall be based on an evaluation of the project design against the
applicable design guidelines, TMC requirements and other development standards.
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ARTICLE II — MEMBERSHIP
Per TMC 2.36.020, the Planning Commission shall be composed of seven members and shall
include six residents representing a cross section of the community from different trades,
occupations, activities, and geographical areas and one member representing a business
operating in the City. (A list of current members, terms, and past Commission Chairs is shown in
Exhibit A, and shall be updated annually.)
Per TMC 18.60.020, the BAR shall consist of the members of the Planning Commission.
A. Length of Appointment
The term of membership for the members of the Tukwila Planning Commission shall be
four years.
B. Resignation
If a Commission member is unable to complete their term of service a letter of
resignation should be sent to the Mayor indicating the effective date of the resignation.
C. Removal
Commission members may be removed from the position if absent without being excused
for three consecutive meetings or six regular meetings in a calendar year.
D. Compensation
Members receive no monetary compensation for serving on the Commission.
ARTICLE III - DUTIES OF THE COMMISSION, OFFICERS,
COMMISSIONERS, AND SUPPORT STAFF
A. Duties of Commission
The Commission shall undertake the duties and responsibilities defined in TMC 2.36.010
and in TMC 18.60, when sitting as the BAR.
B. Officers
Officers shall be a Chair and a Vice -Chair• both appointed members of the Commission
and shall be approved pursuant to Article IV. In the absence of both the Chair and the
Vice -Chair, members shall elect a Chair pro tem. The officers of the Commission shall
also sit as officers of the BAR.
C. Duties of the Officers
Chair
The Chair shall preside at all meetings and adhere to the duties of the presiding officer
prescribed in Robert's Rules of Order, Newly Revised. When necessary, the Chair shall
call for special meetings. The Chair shall be a full voting member of the Commission.
The Chair may delegate duties to other Commissioners with the consent of the
Commission. The Chair shall speak on behalf of the Commission before City Council,
the public and City staff.
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The Chair will serve as a member on the City's Board of Ethics (per TMC 2.97.040 and
TMC 2.97.050). In the event the Chair is unable or unwilling to serve on the Board of
Ethics, the Commission shall select a member to serve on the Board.
The responsibilities of the Chair include:
• Presiding at all meetings of the Commission;
• Coordinating with staff to set meeting agendas;
• Coordinating meeting preparation with City staff; and
• Representing the Commission in the community.
The term of office shall be one year.
Vice -Chair
The Vice -Chair shall perform the duties of the Chair in absence of the Chair. The Vice -
Chair may also speak on behalf of the Commission before City Council, the public and
City staff when the Chair is not available to speak.
The term of office shall be one year. The Vice -Chair will automatically be promoted to
the Chair the following year.
D. Duties of Commissioners
It is the responsibility of all Commission members to:
• Arrange adequate time to carry out responsibility as a Commission member;
• Come to meetings prepared: read all reports, proposals, and documents distributed
prior to meetings;
• Listen to other Commission members and communicate with respect and
courtesy; and
• Participate in group discussion and decision making.
1. Ethics Training
Every Commission member must complete Ethics Training and sign an Ethics
Training Certification Form within 90 days of appointment and must complete the
training within 90 days of reappointment or every four years, whichever comes first.
2. Open Public Meetings Act Training
Pursuant to RCW 42.30.205, every Commission member must complete training on
the Open Public Meetings Act and sign an OPMA Training Certification Form within
90 days of appointment and must complete the training within 90 days of
reappointment or every four years, whichever comes first.
3. Public Records Training
Every Commission member must complete training on the Public Records Act and
sign a Public Records Training Certification Form within 90 days of appointment and
must complete the training within 90 days of reappointment or every four years,
whichever comes first.
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4. Conflict of Interest
Washington's ethics laws prohibit public officials from gaining financially as a result
of his or her position. Public officials must declare any conflicts of interest at a public
meeting. A conflict exists if a recommendation potentially could affect the finances
of the group member or the finances of a family member. If a conflict exists, the
member must declare this fact at a meeting where the issue is being discussed and
refrain from discussing or voting on the recommendation.
Every Commission member must sign a Conflict of Interest Disclosure Form within
90 days of appointment and must sign a new Disclosure Form within 90 days of
reappointment or every four years, whichever comes first.
5. Equity Policy Training
Equity Policy Training In 2017, the Tukwila City Council adopted the Equity Policy,
Resolution No. 1921. The Tukwila City Council identified the need for an equity
policy to continue the City of Tukwila's commitment to being an inclusive
community that provides equal access to all City services.
The purpose of this policy is to provide guidance to City elected officials, staff,
boards and commissions, partners, residents, businesses, and guests on how the City
of Tukwila will actively promote equitable access to opportunities and services. The
City requires every member of an advisory body to complete training on the Equity
Policy, Resolution 1921 within 90 days of appointment and within 90 days of
reappointment or every four years, whichever comes first.
E. Duties of Support Staff
One or more City staff are assigned to support the Commission. The Director of the
Tukwila Community Development Department or his/her designee will serve as the
Secretary to the Commission. The primary role of the Secretary is to represent the City
and facilitate communication between the Commission, City Administration, the City
Council, and other City departments. Responsibilities of the Secretary and support staff
include:
1. Ensuring compliance with applicable laws, such as the Open Public Meetings Act
(OPMA) and the Public Records Act (PRA) including legal noticing
requirements;
2. Maintaining a current roster of all members;
3. Taking roll at regular, special, and public hearing meetings;
4. Compiling agendas and agenda packets, recording, transcribing, and maintaining
minutes and records, forwarding recommendations and/or implementing actions;
5. Providing professional guidance, issue analysis and recommendations;
6. Assisting with research, report preparation and correspondence.
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ARTICLE IV — DESIGNATION OF OFFICERS
The initial Chair and Vice -Chair positions, as described in Article III, shall be determined based
the longest and second -longest serving member of the Commission. At each year thereafter, each
Commissioner shall rotate through the positions of Chair and Vice -Chair (unless the
Commissioner declines to assume the role) before a Commissioner may serve an additional term
as Chair or Vice -Chair. A Commissioner may defer their service as Vice Chair the year they are
eligible and may retain their place in line for consideration as an officer the following year.
Officers shall take office annually at the first regular public meeting of the calendar year.
Should the Chair be vacated prior to the completion of the Term, the Vice -Chair will assume the
duties and responsibilities of the Chair for the remainder of the Term. The next member in line of
seniority will then be designated as the new Vice -Chair to serve out the remainder of the Term.
Should the Vice -Chair be vacated prior to the completion of the Term, the Chair will designate
the next member in line of seniority as the new Vice -Chair to serve out the remainder of the
Term.
ARTICLE V — MEETINGS
Meetings
All Commission meetings shall comply with the requirements of the Open Public Meetings Act
RCW 42.30. All meetings shall be noticed and open to the public. Should it be necessary to
cancel a noticed meeting, that cancellation shall be completed 24 hours prior to the meeting and
shall be carried out consistent with requirements for providing notice for the meeting, as
practical. For meetings cancelled with less than 24 hours' notice, staff shall be present at the
advertised meeting site to notify any members of the public showing up. (See Section A below
for more information about cancellations.)
Commission Meetings: The Commission may hold both public hearings on legislative matters
and quasi-judicial hearings, as well as work sessions. However, all meetings shall be open to
the public and duly noticed per the applicable regulations in the TMC.
Public Hearing for Legislative Matter: The purpose of a public hearing on a legislative matter is
to obtain public input on matters of policy. Such hearings do not involve the legal rights of
specific, private parties in a contested setting but rather affect a wider range of citizens or
perhaps the entire city. Legislative decisions by the Planning Commission are recommendations
that are forwarded to the City Council for final decision.
Public Hearing for Quasi -Judicial Matter: All Board of Architectural Review hearings are quasi-
judicial in nature. Quasi-judicial public hearings determine the legal rights, duties, or privileges
of specific parties, decided by non judicial decision -makers such as planning commissions, city
councils, and hearing examiners. The decisions made as a result of such hearings must be based
on and supported by the record developed at the hearing. Therefore, these types of hearings are
subject to stricter procedural requirements than legislative hearings.
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Work Sessions: Work sessions are staff -led meetings that are intended to provide the
Commission with a better understanding of general or specific planning issues that may come
before them for decision, or that support understanding the context of planning issues.
Commissioner training may also be included in work sessions.
All meetings of the Commission shall be governed by these bylaws. Where the bylaws do not
state otherwise, the parliamentary rules and procedures contained in the current edition of
Roberts Rules of Order, Newly Revised shall apply.
A. Schedule
The Commission shall hold regular meetings according to the following schedule:
1. January through October, the fourth Thursday of each month. Meetings held on the
second Thursday of November and December, and any additional Commission
meetings scheduled during the year, will be noticed as Special meetings. Unless
notice is provided that there will be a different location and/or starting time,
Commission meetings shall be held in the City Council Chambers (6200 Southcenter
Blvd, Tukwila, WA) and shall begin at 6:30 p.m. Should a regular meeting day be a
legal holiday, the scheduled meeting shall be postponed to the succeeding Thursday,
unless a majority of the Commission votes to select another meeting date; such
meeting shall be noticed as Special meetings.
B. Special Meetings
1. Special meetings may be held by the Commission subject to notice requirements
prescribed by State law. Special meetings may be called by the Chair in conjunction
with the Secretary, the City Council, or the Mayor, or by the written request of any
three (3) Commissioners by written notice emailed or delivered to each member of
the Commission at least 24 hours before the time specified for the proposed meeting.
2. Special meeting called shall state the subject(s) to be considered and no subject other
than those specified in the notice shall be considered. No special meetings shall be
scheduled between November 15th and the end of the year. The agenda for a special
meeting need not conform to the Order of Business in Section C of this Article.
C. Remote Meetings
1. In the event of an emergency as declared by the City, State, and/or Federal
government, the Commission may arrange to have remote meetings during the
declared emergency.
a. During a fully -remote meeting, Commissioners may attend by phone or other
electronic means that allow all participants to hear one another in live time.
b. Fully -remote meetings are open to the public and arrangements must be made to
ensure that the public can hear the meeting while it is occurring, subject to the
requirements of RCW 42.30.
2. In times of non -emergency, the Commission recognizes the value of in-person
attendance at meetings, however, they recognize that there may be circumstances that
warrant remote attendance at a meeting. The Commission will hold an in-person
meeting as described in Section A above, but will allow Commissioners to attend
remotely, , subject to the following provisions:
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a. A Commissioner planning to attend a meeting remotely should notify the
Secretary to the Commission no later than noon the day of the meeting.
b. A Commissioner attending remotely will be marked present, counted toward a
quorum, and can vote just as if physically present.
c. If a Commissioner's virtual connection should become lost during the meeting,
the meeting should continue unless quorum is no longer met.
D. Order of Business
The order of business for each regular meeting of the Commission shall be as follows:
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes
5. Public Comment (General Non-public Hearing Related)
6. Unfinished Business
7. New Business
8. Reports of Commissioners and Staff/Announcements
9. Adjournment
E. Public Comment
The Commission shall provide several opportunities for the public to comment on
Commission business:
1. Public Hearing Comment: Comments for items being considered at public hearings.
o Written comments relating to items being considered at a public hearing should be
provided by email, regular mail, and/or hand delivery to the Secretary of the
Planning Commission prior to 5:00 p.m. the day before the public hearing. Any
comments received will be forwarded to Commissioners and City Staff for their
information.
o During the public hearing, both written and oral comment relating to the items
being considered by the Commission may be provided.
o Comments provided outside of these parameters will not be considered part of the
public record for the item being considered at the public hearing.
2. General, Non-public Hearing Related Comment: Public comment on general, non-
public hearing related items is provided for in all meetings, consistent with the
following:
o Such public comment shall be written and provided to the Secretary of the
Planning Commission. If such comment is provided prior to 5:00 p.m. the day
before the Commission meeting, the comment will be forwarded to
Commissioners for their information at that meeting.
o If such comment is received less than 24 hours prior to the Commission meeting,
staff will hold the comment and forward it to the Commission for information at
the following meeting.
o No oral or written comment will be accepted at a Commission meeting unless
permitted under Article VI, section E.
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F. Notices
The Secretary shall notify the public of the preliminary agenda for the forthcoming
Commission meeting by posting a copy of the agenda in the City's Digital Records Center.
ARTICLE VI - RULES OF MEETINGS
A. Absences
Absence from more than three (3) consecutive Commission meetings may be cause for
removal. Members shall communicate with the Secretary with requests for an excused
absence in the event they will miss three (3) or more consecutive meetings. Emergency
requests may be considered. The Chair may approve the absence.
B. Quorum
At all Commission meetings, the presence of the majority of the currently seated members
constitutes a quorum. A quorum is required for the Commission to take any action.
C. Rules of Procedure
The current edition of Robert's Rules of Order Newly Revised shall provide the basis for
meeting structure and official decisions shall be made by motion and vote of the
Commission.
D. Meeting Decorum
To provide a fair and efficient forum for the conduct of business at Planning Commission
meetings, the following rules of decorum shall be observed:
a) During a public hearing, no person shall address the Commission without first
obtaining recognition from the Chair.
b) If a large number of people wish to speak at a public hearing, the Chair may limit
each speaker to a specific number of minutes of speaking time. If a speaker is
representing an organization, the Chair may grant that speaker additional speaking
time.
c) Once a member of the public has spoken in regard to a specific public hearing matter
before the Commission, he or she may not be recognized to speak again until all
persons wishing to speak have first been given the opportunity to do so.
d) If audience dialogue becomes disruptive, the Chair may recess the meeting or request
that the meeting be adjourned.
e) To aid in the creation of accurate meeting minutes all public speakers should identify
themselves each time they address the Commission, however, the Commission will
not forbid the public speaker to comment if they decline to identify themselves.
f) Except for comments received by the Commission during public hearings, or as
described in Article V, section E, no other public comment shall be allowed.
g) Commission meetings will begin at 6:30 PM or as indicated on the public notice.
They will continue until the agenda items have been completed or until 9:30 PM
whichever comes first. Continuation of a meeting past 9:30 PM requires approval of
a motion to extend by a majority vote. If no motion is approved, the Chair will
continue the meeting to a date certain.
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E. Conflict of Interest and Appearance of Fairness for Quasi -Judicial Actions
The appearance of fairness doctrine is a rule of law that requires government decision -
makers to conduct quasi-judicial hearings and make quasi-judicial decisions in a way that is
both fair in appearance and in fact. Any member of the Commission who, in his or her
opinion, has an interest in any matter before the Commission that would prejudice his or her
actions shall so publicly indicate and shall step down, leave the hearing room and refrain
from voting and any manner of participation with respect to the matter in question so as to
avoid any possible conflict of interest or violation of the appearance of fairness.
If a member of the Commission or his/her immediate family has a tangential interest in the
matter at hand but does not think that this would prejudice his/her opinion the member
should publicly disclose this interest on the record prior to the start of the hearing and allow
persons to challenge his/her participation in the hearing. If so challenged, the member shall
step down, leave the hearing room and refrain from voting and any manner of participation
with respect to the matter in question. If not challenged, the member may participate.
If a Commissioner has had ex -parte communication (communication outside of the hearing)
with either proponents or opponents of the project, the Commissioner shall place the
substance of the written or oral communication on the record, make a public announcement
of the content of the communication, and allow persons to challenge his or her participation
in the hearing. If so challenged, the member shall step down, leave the hearing room and
refrain from voting and any manner of participation with respect to the matter in question.
F. Quasi -Judicial Hearing Procedures
All quasi-judicial hearings held by the Commission shall be recorded and use the following
procedures:
Chair - swear in all those who wish to offer testimony at the hearing including staff
members.
Chair - open the public hearing, state the purpose of the hearing and the action the
Commission may take.
Staff - ask each of the Commissioners the following questions regarding any appearance
of fairness issues:
• Do you or your family have any interest in the subject property?
• Do you stand to gain or lose by your decision on this matter?
• Have you had any ex parte communications about this application? If so, please
disclose the substance of these communications and whether you think it will
impair your ability to impartially decide on the merits of the application.
If any Commissioner answers yes to one or more of the prior questions, ask:
• Does anyone here object to Commissioner hearing this matter?
If any Commissioners disclose appearance of fairness issues, then the Commission
shall allow the applicant or other audience members to challenge the Commissioner's
participation in the hearing. If so challenged, the Commissioner must step down from
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the case and leave the room unless this would cause the loss of a quorum per RCW
42.36.090. If the applicant does not object to the Commissioner hearing the case,
please have them state that for the record.
Staff — present the staff report and take questions from the Commission
Applicant — optional presentation and take questions from the Commission
Public Testimony — In accordance with Article VI, Section D, the Chair shall recognize
any member of the public present who wishes to comment on the topic. Comments are to
be directed to the Commission.
Staff and Applicant — Address final questions from Commission.
Chair - close the public hearing.
Commission — Following approval of a motion, the Commission will begin its deliberations,
as described in Section H.
Commission — Voting
Any member may make a motion on the agenda topic
Any member may second the motion
Discussion
Vote
G. Procedures for Public Hearing on a Legislative Item
All public hearings held by the Commission shall use the following procedures:
Chair — open the public hearing on the legislative item, state the purpose of the hearing
and the action the Commission may take.
Staff — present the staff report and take questions from the Commission.
Public Testimony — In accordance with Article VI, Section D, the Chair shall recognize
any member of the public present who wishes to provide comment on the topic.
Comments are to be directed to the Commission.
Staff and Applicant — Address final questions from Commission.
Chair — close the public hearing.
Commission — Following approval of a motion, the Commission will begin its deliberations,
as described in Section H.
Commission — Voting
Any member may make a motion on the application
Any member may second the motion
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Discussion
Vote
H. Commission Deliberation
After all speakers at a public hearing have been heard, the Commission shall close the public
comment portion of the hearing, consider all the information, and deliberate on the matter. This
deliberation shall include:
a) The information submitted;
b) The written or oral public comments/testimony received;
c) Any presentation and discussion made at the hearing; and
d) The staff report.
I. Voting
Voting on all matters except amendments to these bylaws shall be by simple majority. Unless
otherwise required, a simple majority consists of a majority of Commissioners present at a
meeting.
a) The Chair shall have one vote and shall enjoy the same opportunity to vote as
afforded to all other Commission members.
b) On matters considered of extreme importance, the Chair may call for roll call vote.
c) No matter may be voted upon unless:
1) The matter has been placed on the agenda prior to the meeting by any member of
the Commission or by the Secretary.
2) A new procedural item (i.e., relating to the administrative processes used by the
Commission, vs. a substantive item relating to code, policy, or development
issues) not on the agenda, may be approved by a simple majority vote.
d) All Commissioners shall have one and only one vote on any particular matter of
business.
e) There shall be no voting by proxy.
J. Commission Recommendations
After discussion and deliberation of an agenda item, the Commission shall make a
recommendation to the City Council by a motion and approval of a majority of those members
participating. If there are any additional considerations or issues that the Commission would like
conveyed to Council, they shall identify those and direct staff to include that information in the
staff report to Council.
K. Adjournment/Recess/Continuations
Meetings shall be adjourned by a majority vote of the Commission.
The Commission may, by majority vote or consensus, recess for a short break. The proposal to
recess may set a time limit or can be until the Chair calls the meeting back to order.
Continuations of meetings shall be to a definite time and place, and shall be determined by the
majority vote of present Commission members. The Commission may continue a public hearing
to a future date for the purpose of accepting new written or oral testimony. A continued public
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hearing to a date certain does not require new public notice. A closed public hearing cannot be
re -opened without issuance of a new public notice.
ARTICLE VII CODE OF ETHICS
Members of the Commission shall fully comply with RCW 42.23 Code of Ethics for Municipal
Officers and with TMC 2.95 Code of Ethics for Employees and Appointed Officials.
ARTICLE VIII — COMMITTEES
From time to time, the Chair may appoint sub -committees of the Commission membership, or a
Committee -of -the -Whole thereof, for purposes of furthering the conduct of Commission
business. Such committees may be directed to draft or review legislative proposals, to initiate
code -amendments or special studies, or to undertake research and analysis of topical matters
referred to the Commission by action of the City Council.
ARTICLE IX — AMENDMENTS
These Rules of Procedure may be amended by two-thirds vote of the members present at any
regular or special meeting, provided notice of such proposed changes shall be transmitted by the
Secretary to each member in good standing not less than five (5) days nor more than fifteen (15)
days prior to such meeting.
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Exhibit A
2022 ROSTER OF PLANNING COMMISSIONERS
Position
Position #1 (Resident)
Member
LOUISE STRANDER
Term (4 years)
Appointed
03/15/2010
Term
Expiration
12/31/2022
Position #2 (Resident)
VACANT
12/31/2026
Position #3 (Business)
MARTIN PROBST
06/27/2022
12/31/2023
Position #4 (Resident)
DENNIS MARTINEZ
3/21/2016
12/31/2023
Position #5 (Resident)
ALEXANDRIA TEAGUE
01/4/22
12/31/2022
Position #6 (Resident)
APNEET SIDHU, Chair
05/17/21
12/31/2023
Position #7 (Resident)
SHARON MANN, Vice Chair
08/20/2012
12/31/2023
Secretary, Wynetta Bivens
Past Chairs
2022 Commissioner Karen Simmons
2021 Commissioner Louise Strander
2020 Former Commissioner Heidi Watters
2019 Commissioner Dennis Martinez
2018 Former Commissioner Nhan Nguyen
2017 Former Commissioner Miguel Maestes
2016 Commissioner Sharon Mann
2015 Former Commissioner Mike Hansen
2014 Commissioner Louise Strander
2013 Former Commissioner Thomas McLeod
2012 Former Commissioner Brooke Alford
2011 Former Commissioner Margaret Bratcher/Commissioner Alford
2010 Former Commissioner Bill Arthur
2009 Former Commissioner George Malina
2008 Former Commissioner Chuck Parrish
2007 Former Commissioner George Malina
2006 Former Commissioner Allan Ekberg
2005 Former Commissioner Margaret Bratcher
2004 Former Commissioner George Malina
2003 Former Commissioner Kirstin Whisler
2002 Former Commissioner David Livermore
2001 Former Commissioner Vern Meryhew
Page 14 of 14
56
RULES OF PROCEDURE
FOR THE
TUKWILA PLANNING COMMISSION
AND
BOARD OF ARCHITECTURAL
REVIEW
Adopted April 17, 1958
Amended November 29, 1973
Amended February 28, 1974
Amended July 29, 1982
Amended February 26, 1998
Amended March 23, 2006
Amended January 15, 2009
Amended August 25, 2011
Amended October 2017
Adopted February 23, 2023
Adopted April 27, 2023
57
RULES OF PROCEDURE
FOR THE
TUKWILA PLANNING COMMISSION AND
BOARD OF ARCHITECTURAL REVIEW
ARTICLE I — PURPOSE AND GOALSOBJECTIVES
Pursuant to the authority conferred by the Revised Code of Washington (RCW) 35A.63 and per
Tukwila Municipal Code (TMC) 2.36.010 the Planning Commission ("Commission") is hereby
established to serve in an advisory capacity to the Mayor and City Council for the City of
Tukwila.
Purpose: The purpose of the Tukwila Planning Commission is to perform the function of a
Municipal Planning Commission as set forth in RCW Chapter 35.63 of the Revised Code of
Washington ("RCW") and Chapter 2.36 of the Tukwila Municipal Code ("TMC) on matters
relating to land use, comprehensive planning and zoning. In the City of Tukwila, members of
the Planning Commission also serve as the The purpose of the Tukwila Board of Architectural
Review (referred to herein as BAR or Board of Architectural Review). The purpose of the BAR
is to review land development and building design per the TMC Chapter 18.60. (Unless
otherwise specified, the term "Commission" shall be used herein to reference the bylaws and
rules of procedure governing the operations of both commission capacities, i.e., the Planning
Commission and the Board of Architectural Review.)
The objectives of the Planning Commission are as follows:
1. _To influence, in a positive manner, the major planning efforts and projects that will affect
the City.
2. _To advocate for consistency and integration among plans which that provide a future
image and direction for the City as well as the means for meeting more immediate needs.
3. _To ensure that effective citizen participation, including opportunities for timely public
involvement, are part of the City's planning processes.
4. _To represent a whole -city view -point when evaluating proposed plans, projects, and
issues.
5. _To make recommendations which that recognize the City's needs and government's
constraints, as well as identified citizen viewpoints.
6. _To fairly judge the merits of quasi-judicial applications, such as a dcsign review, or
subdivision preliminary plat or phasing plan with an associated design review
pplicationshoreline conditional use permit,.]
The objective Of the Board of Architectural Review is to provide review by public officials
of land development and building design in order to promote the public health, safety and
welfare. Specifically, the Board of Architectural Review ("BAR") shall only approve well
Page 2 of 18
58
Commented [NE1]: Changed to Objectives -
the Council establishes the PC goals, not the PC.
They implement.
Commented [NE2R1]: FYI - it was
recommended by legal that we not abbreviate
"Planning Commission" into "PC" in this
document to avoid any interpretation issues.
Staff and Commission members will invariably
refer to the Commission as the "PC", but that is
not a term that should be used in the bylaws.
Commented [NE3]: RCW 35A.63.010
Definitions. The following words or terms as used
in this chapter shall have the meanings set forth
below unless different meanings are clearly
indicated by the context:...
(8) "Planning agency" means any person, body,
or organization designated by the legislative
body to perform a planning function or portion
thereof for a municipality, and includes, without
limitation, any commission, committee,
department, or board together with its staff
members, employees, agents, and consultants.
RCW 35A.63.020 Planning agency—Creation—
Powers and duties— Conflicts of interest. By
ordinance a code city may create a planning
agency and provide for its membership,
organization, and expenses. The planning agency
shall serve in an advisory capacity to the chief [ .,.
Commented [NE4]: This language is
intended to clarify that the Planning Commission
serves as two separate Boards: the Planning
Commission and the Board of Architectural
Review, addressed by separate sections of the
municipal code.
Commented [NES]: This simplifies this item -
it is not necessary to list an example task.
Commented [NE6R5]: Rev: This example
language was deleted since the Commission no
longer does several of these activities, e.g.,
subdivision preliminary plat or shoreline
conditional use permits. It's not necessary to [ ,.
Commented [NE7]: This term should be
consistent with the one highlighted above: either
they are both goals or they are both objectives
environments. lIndividual project approvals shall be based on an evaluation of the project design
against the applicable design guidelines, Zoning CodcTMC requirements and other development
standards.
ARTICLE II — MEMBERSHIP
Per TMC 2.36.020, the Planning Commission shall be composed of seven members and shall
include six community membersresidents representing a cross section of the community from
different trades, occupations, activities, and geographical areas and one member representing a
business operating in the City. (A list of current members, terms, and past Commission Chairs is
shown in Exhibit A, and shall be updated annually.
Per TMC 18.60.020, the BAR shall consist of the members of the Planning Commission.
A. Length of Appointment
The term of membership for the members of the Tukwila Planning Commission shall be
four years.
B. Resignation
If a Commission member is unable to complete their term of service a letter of
resignation should be sent to the Mayor indicating the effective date of the resignation.
C. Removal
Commission members may be removed from the position if absent without being excused
for three consecutive meetings or six regular meetings in a calendar year.
D. Compensation
Members receive no monetary compensation for serving on the Commission.
ARTICLE III - DUTIES OF THE COMMISSION, OFFICERS,
COMMISSIONERS, AND SUPPORT STAFF
A. Duties of Commission
The Commission shall undertake the duties and responsibilities defined in TMC
2.32.0102.36.010 and in TMC 18.60, when sitting as the BAR.
B. Officers
Officers shall be a Chair and a Vice -Chair: both appointed members of the Commission
and shall be approved pursuant to Article IV. -In the absence of both the Chair and the
Vice -Chair, members shall elect a Chair pro tem. The officers of the Commission shall
also sit as officers of the BAR.I
C. Duties of the Officers
Chair
Page 3 of 18
Commented [NE8]: This comment is
misplaced - the expectations of the review
performed by the BAR are spelled out in the
applicable code sections and do not belong here.
Commented [NE9]: File footer to be
removed
Commented [NE10]: This clarifies that the
majority of the Tukwila PC is composed of
Tukwila residents, vs. people who may have
businesses in town but do not live in Tukwila.
Commented [NE11]: This will be updated
every year without requiring an update of the
Bylaws
Commented [NE12]: This language is from
TMC 2.36.020.G and can't be changed without
changing the code..
Commented [EFM13]: Recommend
removing underscore.
Commented [NE14]: Clarification of how the
Commission officers are selected and that they
also serve as officers of the BAR
The Chair shall preside at all meetings and adhere to the duties of the presiding officer
prescribed in Robert's Rules of Order, Newly Revised. When necessary, the Chair shall
call for special meetings. The Chair shall be a full voting member of the Commission.
The Chair may delegate duties to other Commissioners with the consent of the
Commission. The Chair shall speak on behalf of the Commission before City Council,
the public and City staff.
The Chair will serve as a member on the City's Board of Ethics (per TMC 2.97.040 and
TMC 2.97.050). In the event the Chair is unable or unwilling to serve on the Board of
Ethics, the Commission shall select a member to serve on the Board.
The responsibilities of the Chair include:
• Presiding at all meetings of the CommissionProviding group direction and options
for setting goals;
• Coordinating with staff to set meeting agendas;
• Coordinating meeting preparation with City staff; and
• Representing the Commission in the community.
The term of office shall be one year.
Vice -Chair
The Vice -Chair shall perform the duties of the Chair in absence of the Chair. The Vice -
Chair may also speak on behalf of the Commission before City Council, the public and
City staff when the Chair is not available to speak.
The term of office shall be one year.
the Chair the following year.
The Vice -Chair will automatically be promoted to
D. Duties of Commissioners
It is the responsibility of all Commission members to:
• Arrange adequate time to carry out responsibility as a Commission member;
• Come to meetings prepared: read all reports, proposals, and documents
distributed prior to meetings;
• Listen to other Commission members and communicate with respect and
courtesy; and
• Participate in group discussion and decision making.
1. Ethics Training,
Every Commission member must complete Ethics Training and sign an Ethics
Training Certification Form within 90 days of appointment and must complete the
training within 90 days of reappointment or every four years, whichever comes first.
2. Open Public Meetings Act Training
Pursuant to RCW 42.30.205, every Commission member must complete training on
the Open Public Meetings Act and sign an OPMA Training Certification Form within
90 days of appointment and must complete the training within 90 days of
reappointment or every four years, whichever comes first.
Page 4 of 18
60
Commented [NE15]: Commission goals are
set by the Council; this change clarifies the
function of the Chair.
Commented [NE16]: Defines that sequence
of leadership progresses from the Vice Chair to
the Chair role the following year.
Formatted: Font: Bold
Formatted: Font: 12 pt, Bold
Formatted: Font: Bold
3. Public Records Training
Every Commission member must complete training on the Public Records Act and
sign a Public Records Training Certification Form within 90 days of appointment and
must complete the training within 90 days of reappointment or every four years,
whichever comes first.
4. Conflict of Interest
Washington's ethics laws prohibit public officials from gaining financially as a result
of his or her position. Public officials must declare any conflicts of interest at a public
meeting. A conflict exists if a recommendation potentially could affect the finances
of the group member or the finances of a family member. If a conflict exists, the
member must declare this fact at a meeting where the issue is being discussed and
refrain from discussing or voting on the recommendation.
Every Commission member must sign a Conflict of Interest Disclosure Form within
90 days of appointment and must sign a new Disclosure Form within 90 days of
reappointment or every four years, whichever comes first.
5. Equity Policy Training
Equity Policy Training In 2017, the Tukwila City Council adopted the Equity Policy,
Resolution No. 1921. The Tukwila City Council identified the need for an equity
policy to continue the City of Tukwila's commitment to being an inclusive
community that provides equal access to all City services.
The purpose of this policy is to provide guidance to City elected officials, staff,
boards and commissions, partners, residents, businesses, and guests on how the City
of Tukwila will actively promote equitable access to opportunities and services. The
City requires every member of an advisory body to complete training on the Equity
Policy, Resolution 1921 within 90 days of appointment and within 90 days of
reappointment or every four years, whichever comes first.
E. Duties of Support Staff
One or more City staff are assigned to support the Commission. The Director of the
Tukwila Community Development Department or his/her designee will serve as the
Secretary to the Commission. The primary role of the Secretary is to represent the City
and facilitate communication between the Commission, City Administration, the City
Council, and other City departments. Responsibilities of the Secretary and support staff
include:
1. Ensuring compliance with applicable laws, such as the Open Public Meetings Act
(OPMA) and the Public Records Act (PRA) including legal noticing
requirements;
2. Maintaining a current roster of all members
3. Taking roll at regular, special, and public hearing meetings;
4. Compiling agendas and agenda packets, recording, transcribing, and maintaining
minutes and records, forwarding recommendations and/or implementing actions;
Page 5 of 18
61
5. Providing professional guidance, issue analysis and recommendations;
6. Assisting with research, report preparation and correspondence.
ARTICLE IV — DESIGNATION OF OFFICERS
The initial Chair and Vice -Chair positions, as described in Article III, shall be determined based
the longest and second -longest serving member of the Commission. At each year thereafter, each
Commissioner shall rotate through the positions of Chair and Vice -Chair (unless the
Commissioner declines to assume the role) before a Commissioner may serve an additional term
as Chair or Vice -Chair. A Commissioner may defer their service as Vice Chair the year they are
eligible and may retain their place in line for consideration as an officer the following year. -
Officers shall take office annually at the first regular public meeting of the calendar year.
year. Designations are based on longevity of service on the Ccommission and will rotate through
all of the members before a member serves an additional term. Generally, officers shall be
designated and take office annually at the first regular public meeting of the Commission in
January. The first item of new business shall be the designation of the officers and they will
assume their duties at that time.
in line of seniority will be designated as the Vice Chair.
Should the Chair be vacated prior to the completion of the Term, the Vice -Chair will assume the
duties and responsibilities of the Chair for the remainder of the Term. The next member in line of
seniority will then be designated as the new Vice -Chair to serve out the remainder of the Term.
Should the Vice -Chair be vacated prior to the completion of the Term, the Chair will designate
the next member in line of seniority as the new Vice -Chair to serve out the remainder of the
Term.
ARTICLE V — MEETINGS
Section 1: Meetings
All Commission meetings shall comply with the requirements of the Open Public Meetings Act
RCW 42.30. The Commission shall hold at least one regular meeting per quarter. All meetings
shall be noticed and open to the public. Should it be necessary to cancel a noticed meeting, that
cancellation shall be completed 24 hours prior to the meeting and shall be carried out consistent
with requirements for providing notice for the meeting, as practical. For meetings cancelled with
less than 24 hours' notice, staff shall be present at the advertised meeting site to notify any
members of the public showing up. (See Section A below for more information about
cancellations.)
Page 6 of 18
62
Commented [NE17]: RCW 35.63.040
Requires PCs to meet 9 times /year, but TMC
2.236.040 says 4/year. Until the code is made
consistent with the RCW, this is being deleted.
Commented [ER18R17]: Yes. See RCW
35.63.040.
Commented [NE19]: Clarifies procedures in
the event of a cancellation.
Planning -Commission Meetings: The Planning Commission may hear hold both Public hearings
on legislative matters kind quasi-judicial actionshearings, as well as hold work sessions. 'The
Commission may devote part or all of a meeting to an informational work session during which \
no comments from the public will be permitted, unless the Chairperson or a majority, on a case
\
in nature. However Aall meetings shall be open to the public and duly noticed per the
applicable regulations in the Tukwila Municipal CodoTMC.
Public Hearing for Legislative Matter: The purpose of a legislative public hearings on a
legislative matter is to obtain public input on matters of policy. Such hearings do not involve the
legal rights of specific, private parties in a contested setting but rather affect a wider range of
citizens or perhaps the entire city. 'Legislative decisions by the Planning Commission are
recommendations that are forwarded to the City Council for final decision. if challenged, the
decision reached at a legislative public hearing is only reviewed to determine if it i,,
constitutional or violates state law.
Public Hearing for Quasi -Judicial Matter: All Board of
Architectural Review hearings are quasi-judicial in nature. Quasi judicialublic hearings
determine the legal rights, duties, or privileges of specific parties, decided In a contested case
proceeding by non judicial decision -makers such as planning commissions, city councils, and
hearing examiners. The decisions made as a result of such hearings must be based on and
supported by the record developed at the hearing. Therefore, these types of hearings are subject
to stricter procedural requirements than legislative hearings.
Work Sessions: Work sessions are staff -led meetings that are intended to provide the
Commission' with a better understanding_ ofgeneral or specific planning issues that may come
before them for decision, or that support understanding the context of planning issues.
Commissioner training may also be included in work sessions.
All meetings of the Planning Commission shall be governed by these by-laws. Where the by-
laws do not state otherwise, the parliamentary rules and procedures contained in the current
edition of Roberts Rules of Order, Newly Revised shall apply.
A. A. Schedule
The Commission shall hold regular meetings according to the following schedule:
1. January through October, tThe fourth Thursday of each month 'January through
October. Meetings held on the second Thursday of November and December, and
any additional Commission meetings scheduled during the year, will be and the
eecond Thursday noticed as Special meetings. in November and December'. Unless
notice is provided that there will be a different location and/or starting time,
Commission The meetings shall be held in the City Council Chambers (6200
Southcenter Blvd Tukwila WA and shall be • in at 6:30 ..m.-tnaless-naeflified
Should a regular meeting day be a legal holiday, the scheduled meeting shall be
postponed to the succeeding Thursday, unless a majority of the Commission votes to
select another meeting date; such meeting shall be noticed as Special meetingsy or to
cancel the meeting.
Page 7 of 18
Commented [NE20]: Legal has advised us to
differentiate between quasi-judicial hearings
(e.g., BAR hearings), and "public hearings on
legislative matters (e.g., Planning Commission
hearing on Comp Plan). A "Legislative hearing" is
a different type of hearing and is not the same as
a comp plan -type public heating
Commented [NE21]: Adding Work Sessions
as a type of meeting
Commented [NE22]: Moved below
Commented [NE23]: Clarification of what
happens to Legislative decisions.
This paragraph was reordered from the original
sequence to conform to the sequence of PC
meeting types listed above (legislative, quasi-
judicial, then work sessions).
The last sentence is not applicable and was
deleted.
Commented [NE24]: Unnecessary specifics
removed.
Commented [NE25]: Meaning both PC and
BAR
( Commented [NE26]: New paragraph to
describe these meetings
Commented [ER27]: Recommend revising
to be in compliance with RCW 35.63.040.
Commented [NE28R27]: This section of the
RCW defines what a "regular" meeting is. Any
meetings outside of that schedule shall be
considered Special meetings and advertised as
such.
Commented [NE29]: Recommended that we
include this as required by the OPMA
3. Any Commission mccting may be canceled by a majority vote or consensus of the
Commission. The Chair or Vice Chair may instruct the Secretary to cancel a meeting
for lack of agenda items or lack of a quorum.)
B. Special Meetings
1. Special meetings may be held by the Commission subject to notice requirements
prescribed by State lawJSpecial meetings may be called by the Chair in conjunction
with the Secretary, the City Council, or the Mayor, or by the written request of any
three (3) Commissioners by written notice emailed or delivered to each member of
the Commission at least 24 hours before the time specified for the proposed meeting.
2-
2. Special meeting called shall state the subject(s) to be considered and no subject other
than those specified in the notice shall be considered. No special meetings shall be
scheduled between November 15th and the end of the year. The agenda for a special
meeting need not conform to the Order of Business in Section C of this Article.
C. Remote Meetings
1. In the event of an emergency as declared by the City, State, and/or Federal
government, the Commission may arrange to have remote meetings during the
declared emergency.
a. During a fully -remote meeting, Commissioners may attend by phone or other
electronic means that allow all participants to hear one another in live time.
b. Fully -remote meetings are open to the public and arrangements must be made to
ensure that the public can hear the meeting while it is occurring, subject to the
requirements of RCW 42.30.
-1-2.In times of non -emergency, the Commission recognizes the value of in-person
attendance at meetings, however, they recognize that there may be circumstances that
warrant remote attendance at a meeting. The .
Commission member will hold an in-person meeting as described in Section A above,
but will allow Commissioners to attend remotely, ..
subject to the following provisions,:
ab. A Commissioner planning to attend a meeting remotely should notify the
Secretary to the Commission no later than noon the day of the meeting.
be. A Commissioner attending remotely will be marked present, counted toward a
quorum, and can vote just as if physically present.
cd. If a Commissioner's virtual connection should become lost during the meeting,
the meeting should continue unless quorum is no longer met. A Commissioner's
loss of a virtual connection will not be counted toward the maximum limit
DC. Order of Business
The order of business for each regular meeting of the Commission shall be as follows:
Page 8 of 18
64
Commented [ER30]: Recommend deleting
this.
Commented [NE31]: Clarification that
meetings start at 6:30; if the Commission wants
to change a meeting time for any reason, it
becomes a special meeting (unless the bylaws
are amended)
1. Call to Order
2. Roll Call
3. Amendment of Agenda if NecessaryApproval of Agenda
4. Approval of Minutes
5. Public Comment (General Non-public Hearing Related)
6. Unfinished Business
76. New Business
87. Reports of Commissioners and Staff/Announcements
98. Adjournment
E. Public Comment
The Commission shall provide several opportunities for the public to comment on
Commission business:
1. Public Hearing Comment: Comments for items being considered at public hearings.
o Written comments relating to items being considered at a public hearing should be
provided by email, regular mail, and/or hand delivery to the Secretary of the
Planning Commission prior to 5:00 p.m. the day before the public hearing. Any
comments received will be forwarded to Commissioners and City Staff for their
information.
o During the public hearing, both written and oral comment relating to the items
being considered by the Commission may be provided.
o Comments provided outside of these parameters will not be considered part of the
public record for the item being considered at the public hearing.
2. General, Non-public Hearing Related Comment: Public comment on general, non-
public hearing related items is provided for in all meetings, consistent with the
following:
o Such public comment shall be written and provided to the Secretary of the
Planning Commission. If such comment is provided prior to 5:00 p.m. the day
before the Commission meeting, the comment will be forwarded to
Commissioners for their information at that meeting.
o If such comment is received less than 24 hours prior to the Commission meeting,
staff will hold the comment and forward it to the Commission for information at
the following meeting.
o No oral or written comment will be accepted at a Commission meeting unless
permitted under Article VI, section E.
DF. Notices
The Secretary shall notify the public -shall be notified of the preliminary agenda for the
forthcoming Commission meeting by posting a copy of the agenda in the City's Digital
Records Center. In the event of a public hearing, the notice of hearing will be published in
the legal section of the newspaper in compliance with RCW 35A.12.160,.
ARTICLE VI - RULES OF MEETINGS
Page 9 of 18
Formatted: Bulleted + Level: 2 + Aligned
at: 0.75" + Indent at: 1"
A. Absences
Absence from more than three (3) consecutive_Commission meetings may be cause for
removal. Members shall communicate with the Secretary with requests for an excused
absence in the event they will miss three (3) or more consecutive meetings. Emergency
requests may be considered. The Chair may approve the absence.
B. Quorum
At all Commission meetings, the presence of the majority of the currently seated members
constitutes a quorum. A quorum is required for the Commission to take any action.
C. Rules of Procedure
The current edition of Robert 's Rules of Order Newly Revised shall provide the basis for
meeting structure and official decisions shall be made by motion and vote of the
Commission.
D. Meeting Decorum
To provide a fair and efficient forum for the conduct of business at Planning Commission
meetings, the following rules of decorum shall be observed:
a) urin a •ublic hearin nNo person shall address the_Commission without first
obtaining recognition from the Chair.
b) If there arc a large number of people whe-wish to speak at a public meeting hearing,
the Chair may limit each speaker to a specific number of minutes of speaking time. If
a speaker is representing an organization, the Chair may grant that speaker additional
speaking time,
c) Once a member of the public has spoken in regard to a specific public hearing matter
before the Commission, he or she shall may not be recognized to speak again until all
ersons wishing to speak have first been given the opportunity to do so.
e)- IIf audience dialogue becomes disruptive, the Chair may recess the meeting or request
that the meeting be adjourned.
d)
e) To aid in the creation of accurate meeting minutes all public speakers should identify
themselves each time they address the_ Commission, however, the Commission will
not forbid the public speaker to comment if they decline to identify themselves.
f) 1Exceptl for comments received by the Commission during public hearings, or as
described in Article V, section E, no other public comment shall be allowed.The
Commission may allow comments from members of the public attending work
cessions by permission of the Chair or majority vote.
g) Commission meetings will generally begin at 6:30 PM or as indicated on the public
notice. They will continue until the agenda items have been completed or until 9:30
PM whichever comes first. Continuation of a meeting past 9:30 PM requires
approval of a motion to extend by a majority vote. If no motion is approved, the Chair
will continue the meeting to a date certain.
E. l -Conflict of Interest and Appearance of Fairness for Quasi -Judicial Actions
The appearance of fairness doctrine is a rule of law that requires government decision -
makers to conduct quasi-judicial hearings and make quasi-judicial decisions in a way that is
Page 10 of 18
66
Formatted: Not Highlight
Commented [NE32]: Moved from location
above to keep all Public Hearing -related
guidance together
Commented [NE33]: Moved from previous
location as comment b.
Formatted: Not Highlight
Formatted: Not Highlight
both fair in appearance and in fact. Any member of the Commission who, in his or her
opinion, has an interest in any matter before the Commission that would prejudice his or her
actions shall so publicly indicate and shall step down, leave the hearing room and refrain
from voting and any manner of participation with respect to the matter in question so as to
avoid any possible conflict of interest or violation of the appearance of fairness.
If a member of the Commission or his/her immediate family has a tangential interest in the
matter at hand but does not think that this would prejudice his/her opinion the member
should publicly disclose this interest on the record prior to the start of the hearing and allow
persons to challenge his/her participation in the hearing. If so challenged, the member shall
step down, leave the hearing room and refrain from voting and any manner of participation
with respect to the matter in question. If not challenged, the member may participate.
If a member of the Commissioner has had ex -parte communication (communication outside
of the hearing) with either proponents or opponents of the project, the member Commissioner
shall place the substance of the written or oral communication on the record, make a public
announcement of the content of the communication, and allow persons to challenge his or her
participation in the hearing. If so challenged, the member shall step down, leave the hearing
room and refrain from voting and any manner of participation with respect to the matter in
question.
F. F -Quasi-Judicial Hearing Procedures
All quasi-judicial hearings held by the Commission shall be recorded and use the following
procedures:
Chair call the meeting to order
Secretary take attendance
Commission review, amend and adopt the minutes of previous meetings
Chair - swear in all those who wish to offer testimony at the hearing including staff
members.
Chair - open the public hearing, state the purpose of the hearing and the action the
Commission may take.
Staff - ask each of the Planning Commission/BAR Members -Commissioners the following
questions regarding any appearance of fairness issues:
• Do you or your family have any interest in the subject property?
• Do you stand to gain or lose by your decision on this matter?
• Have you had any ex parte communications about this application? If so, please
disclose the substance of these communications and whether you think it will
impair your ability to impartially decide on the merits of the application.
If any Commissioner answers yes to one or more of the prior questions, ask:
• Does anyone here object to Commissioner hearing this matter?
Page 11 of 18
Commented [NE34]: These are regular
meeting activities and are not part of the
Hearing.
If any Commissioners disclose appearance of fairness issues, then the ling
Commission shall allow the applicant or other audience members to challenge their
the Commissioner's participation in the hearing. If so challenged, the Commissioner
must step down from the case and leave the room unless this would cause the loss of
a quorum per RCW 42.36.090. If the applicant does not object to the Commissioner
hearing the case, please have them state that for the record.
Staff – present the staff report and take questions from the Planning Commission
Applicant – optional presentation and take questions from the Planning Commission
Public Testimony – In accordance with Article VI, Section D, the Chair shall recognize
any member of the public present who wishes to comment on the (topic. Comments and
questions are to be directed to the Commission, comments and questions arc to be
directed to the Planning Commission
Staff and Applicant – Address final questions from Commission.Rebuttal testimony and
responses by staff, applicant and the public
Chair - close the public hearing,
Commission – Following approval of a motion, the Commission will begin its deliberations,
as described in Section H.
Commission – Voting
(Commission deliberates
Any member may make a motion on the applicationagenda topic
Any member may second the motion
Discussion
Vote
Next Item if applicable
Director's Report
G. Procedures for Public Hearing on a Legislative Item
All legislative public hearings held by the Commission shall use the following procedures:
Chair call the meeting to order
Secretary take attendance
Chair — open the public hearing on the public -legislative item, state the purpose of the
hearing and the action the Commission may take,
Staff– present the staff report and take questions from the Commission,
Page 12 of 18
68
Commented [NE35]: Guidance from Legal:
The Commission should NOT engage with the
public speaker during public comment. This is an
opportunity for the speaker to share their
concerns with the Commission, not for the
Commission to engage in dialogue with the
public speaker - to do otherwise dilutes the
speakers comments and muddies the record.
This problem could be remedied by having an
opportunity for a second staff/applicant
presentation to answer any final questions. I've
added language to that effect.
The purpose of this public comment period is to
create a record of the public comment, not
public questions.
Commented [EFM36]: There should be a
motion on the floor before deliberation happens.
Public Testimony — In accordance with Article VI, Section D, the Chair shall recognize
any member of the public present who wishes to provide commentn on the (topic.
Comments and questions are to be directed to the Commission.
Staff and Applicant — Address final questions from Commission.
Rebuttal testimony and responses by staff and the public
Chair — close the public hearing.
Commission — (Following approval of a motion, the Commission will begin its deliberations
as described in Section H.
Commission — Voting
Any member may make a motion on the application
Any member may second the motion
Discussion
Vote
G —X H.
Planning -Commission Deliberation
After all speakers at a public hearing have been heard, the Planning -Commission shall close the
public comment portion of the hearing, consider all the information, and deliberate on the matter.
This deliberation shall include:
a) The information submitted;
b) The written or oral public comments/testimony received;
c) Any presentation and discussion made at the hearing; and
d) The staff report.
Any member may make a motion on the application
Any member may second the motion
Discussion
Vote
Next Item if applicable
Director's Report
Chair adjourn the meeting
141. Voting
Voting on all matters except amendments to these by-laws shall be by simple majority. Unless
otherwise required, a simple majority consists of a majority of Commissioners present at a
meeting.
a)
b)
c)
The Chair shall have one vote and shall enjoy the same opportunity to vote as
afforded to all other Commission members.
On matters considered of extreme importance, the Chair may call for roll call vote.
No matter may be voted upon unless:
Page 13 of 18
Commented [NE37]: Guidance from Legal:
The Commission should NOT engage with the
public speaker during public comment. This is an
opportunity for the speaker to share their
concerns with the Commission, not for the
Commission to engage in dialogue with the
public speaker - to do otherwise dilutes the
speakers comments and muddies the record.
This problem could be remedied by having an
opportunity for a second staff/applicant
presentation to answer any final questions. I've
added language to that effect.
The purpose of this public comment period is to
create a record of the public comment, not
public questions.
Commented [NE38]:
Commented [NE39R38]:
Commented [ER40R38]: This is an
opportunity for any additional questions from
Commission to the staff and applicant. No
further testimony from the public nor applicant
should be permitted.
Commented [EFM41]: There should be a
motion on the floor before deliberation happens.
Commented [NE42]: Clarification of what
the PC should consider during deliberations.
1) The matter has been discussed at a previous meeting of the Commission, or
2 1) The matter has been placed on the agenda prior to the meeting by any
member of the Commission or by the Secretary.
_enda, and considered by a 2/3 vote of the
may be approved by a 2/3 vote, or
4)2) A new procedural item (i.e., relating to the administrative processes used
by the Commission, vs. a substantive item relating to code. policy, or
development issues); not on the agenda, may be approved by a simple majority
vote.
d) All Commissioners members shall have one and only one vote on any particular
matter of business.
e) There shall be no voting by proxy.
J. Commission Recommendations
After discussion and deliberation of an agenda item, the Commission shall make a
recommendation to the City Council by a motion and approval of a majority of those members
participating. If there are any additional considerations or issues that the Commission would like
conveyed to Council, they shall identify those and direct staff to include that information in the
staff report to Council.'
-K. Adjournment/Recess/Continuations
Meetings shall be adjourned by a majority vote of the Planning Commission or by the chair when
it appears that there is no further business.
The Planning Commission may, by majority vote or consensus, recess for a short break. The
proposal to recess may set a time limit or can be until the Chair calls the meeting back to order.
Continuations of meetings shall be to a definite time and place, and shall be determined by the
majority vote of present Commission members. The Planning Commission may continue a
public hearing to a future date for the purpose of accepting new written or oral testimony. A
continued public hearing to a date certain does not require new public notice. A closed public
hearing cannot be re -opened without issuance of a new public notice.
ARTICLE VH CODE OF ETHICS
Members of the Commission shall fully comply with RCW 42.23 Code of Ethics for Municipal
Officers and with TMC 2.95 Code of Ethics for Employees and Appointed Officials.
ARTICLE VIII — COMMITTEES
70
Page 14 of 18
Commented [NE43]: Streamlined to
represent current practice.
Commented [NE44]: Clarification of PC's
process for recommendations, and opportunity
to provide staff with direction on any additional
considerations or issues they wish to have
conveyed to the Council.
Commented [NE45]: Legal input: There are
codified limitations and requirements for public
hearings that must be followed or the City could
be in violation of its own code. This section
complies with the City's code and the OPMA.
Recommend leaving as is.
From time to time, the Chair may appoint sub -committees of the Commission membership, or a
Committee -of -the -Whole thereof, for purposes of furthering the conduct of Commission
business. Such committees may be directed to draft or review legislative proposals, to initiate
code -amendments or special studies, or to undertake research and analysis of topical matters
referred to the Commission by action of the City Council.
ARTICLE IX — AMENDMENTS
These Rules of Procedure may be amended by two-thirds vote of the members present at any
regular or special meeting, provided notice of such proposed changes shall be transmitted by the
Secretary to each member in good standing not less than five (5) days nor more than fifteen (15)
days prior to such meeting.
Page 15 of 18
71
Page 16 of 18
72
Exhibit A
202 ROSTER OF PLANNING COMMISSIONERS
Louis trandcr Chair
AAS
Dennis -Martinez
A /,,...atu ria T -ea uc
Apncct Sid u
Sharon Mann
Wynctta Bivcns, Secretary, Wynetta Bivens
Past Chairs
2022 Commissioner Karen Simmons
2021 Commissioner Louise Strander
2020 Former Commissioner Heidi Watters
2019 Commissioner Dennis Martinez
2018 Former Commissioner Nhan Nguyen
2017 Former Commissioner Miguel Maestes
2016 Commissioner Sharon Mann
2015 Former Commissioner Mike Hansen
2014 Commissioner Louise Strander
2013 Former Commissioner Thomas McLeod
2012 Former Commissioner Brooke Alford
2011 Former Commissioner Margaret Bratcher/Commissioner Alford
2010 Former Commissioner Bill Arthur
2009 Former Commissioner George Malina
2008 Former Commissioner Chuck Parrish
2007 Former Commissioner George Malina
2006 Former Commissioner Allan Ekberg
2005 Former Commissioner Margaret Bratcher
Page 17 of 18
73
Term (4 years)
Position #1 (Resident).
LOUISE STRANDER
03/15/2010
12/31/2022
Position #2 (Resident).
VACANT
23
12/31/2026
Position #3 (Business).
MARTIN PROBST
06127/2022
12/31/2023
Position #4 (Resident)
DENNIS MARTINEZ
3/21/2016
12/31/2023
Position #5 (Resident)
ALEXANDRIA TEAGUE
01/4/22
12/31/2022
Position #6 (Resident)
APNEET SIDHU, Chair
05/17/21
12/31/2023
Position #7 (Resident)
SHARON MANN, Vice Chair
08/20/2012
12/31/2023
Louis trandcr Chair
AAS
Dennis -Martinez
A /,,...atu ria T -ea uc
Apncct Sid u
Sharon Mann
Wynctta Bivcns, Secretary, Wynetta Bivens
Past Chairs
2022 Commissioner Karen Simmons
2021 Commissioner Louise Strander
2020 Former Commissioner Heidi Watters
2019 Commissioner Dennis Martinez
2018 Former Commissioner Nhan Nguyen
2017 Former Commissioner Miguel Maestes
2016 Commissioner Sharon Mann
2015 Former Commissioner Mike Hansen
2014 Commissioner Louise Strander
2013 Former Commissioner Thomas McLeod
2012 Former Commissioner Brooke Alford
2011 Former Commissioner Margaret Bratcher/Commissioner Alford
2010 Former Commissioner Bill Arthur
2009 Former Commissioner George Malina
2008 Former Commissioner Chuck Parrish
2007 Former Commissioner George Malina
2006 Former Commissioner Allan Ekberg
2005 Former Commissioner Margaret Bratcher
Page 17 of 18
73
2004 Former Commissioner George Molina
2003 Former Commissioner Kirstin Whisler
2002 Former Commissioner David Livermore
2001 Former Commissioner Vern Meryhew
Page 18 of 18
74