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ORD 93-10 PLANNING COMMISSIONc -1 . Ordinance 93- 10 AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON RELATING TO THE PLANNING COMMISSION FORMERLY THE PLANNING AGENCY, AMENDING CHAPTER 2.36 OF THE BAINBRIDGE ISLAND MUNICIPAL CODE. Whereas, the City has established a Planning Agency pursuant to Chapter 35.A.63 RCW; and Whereas, the.City wishes to change the name of the Planning Agency to the Planning Commission; and ' Whereas, the City wishes to define the functions, duties, responsibilities and organization of the Planning Commission and the Planning Commission procedures; now therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON DO ORDAIN, as follows: Section 1. Chapter 2.36 of the Bainbridge Island Municipal Code is amended as follows: T Chapter 2.36 PLANNING COMMISSION sections: 2.36.010 Established - Duties and responsibilities. 2.36.020 Composition - Appointments - Terms - Residency - Chairperson. 2.36.030 Forfeiture of office. 2.36.040 Meetings. 2.36.050 Special meetings. 2.36.060 Public records. 2.36.070 Consultants. 2.36.080 Interim procedures. 2.36.010 Established - Duties and responsibilities. Pursuant to the provisions of RCW Chapter 35A.63, there is established within the City a Planning Commission which shall have the following duties and responsibilities: A. Preparation and review of the comprehensive plan for the City; B. Review of and recommendations on.all applications for amendments to the comprehensive plan, official zoning map and official zoning ordinance of the City, and; C. Such other advisory duties as may be provided by ordinance or as may be assigned to it by the City Council or the mayor; D. The title "Planning Commission" is substituted for the title "planning agency" in all city ordinances and other documents approved prior to the effective date of this ordinance. 2.36.020 Composition - Appointments - Terms - Residency - Chairperson. A. The Planning Commission shall consist of seven members appointed by the Mayor and confirmed by the City Council who shall serve without compensation for four-year terms. All seven members of the Planning Commission shall be residents of the City. B. The Mayor shall appoint annually in January, subject to confirmation by the City Council, one member of the Planning Commission to serve as chairperson for a one-year term. In B.I.M.C. Chapter 2.36 Page 2 January 13, 1993 making the appointment of the chairperson, the Mayor shall take into consideration any recommendations made by the Planning Commission members. 2.36.030 Forfeiture of office. A. A member appointed to the Planning Commission shall forfeit their office, creating a vacancy if they cease to have rhe qualifications prescribed for such office by law or ordinance, or if they are convicted of a crime involving a violation of the oath of office. B. A Planning Commission member shall forfeit their office if they fail to attend three regular meetings of the Planning Commission within a three-month period or fails to attend three• consecutive.mpetings without being excused by a majority vote of the Planning Commission. C. If a member of the Planning Commission desires to act as an advocate, agent or representative of a land use applicant for a pending land use application, the member shall resign their position on the Planning Commission as such conduct shall represent a conflict of interest and a violation of the Appearance of Fairness Doctrine. D. A member of the Planning Commission may continue to serve but shall be disqualified from participating on a pending land use application if they or their employer is entitled to receive anything of value from the land use applicant for the land use matter that is before the Commission. E. The unexpired portion of the term of a member removed pursuant to this section shall be filled by a person duly appointed by the Mayor with the approval of the City Council. 2.36.040 Meetings. A. The Planning Commission shall meet on the second and fourth Thursday of each month at seven -thirty p.m. and may hold such special meetings as the Planning Commission may determine. The Planning Commission shall give public notice of its meetings as provided by law. All meetings of the Planning Commission shall be open to the public. In the event a regular meeting falls upon a legal holiday, the meeting shall be held on the next following business day. The chairperson of the Planning Commission shall preside at all meetings, which shall be conducted according to Roberts Rules of Order. The chairperson shall be entitled to vote on a matter when it is necessary to break a tie or to make a quorum. B.I.M.C. Chapter 2.36 January 13, 1993 Page 3 i� 2.36.050 Special meetings. Any special meeting of the Planning Commission shall only be held after notice thereof has been published in the official newspaper of the City at least twenty-four hours in advance. 2.36.060 Public records. All recommendations, reports or other official documents shall be signed by the chairman and attested to by the secretary. Minutes -of each meeting shall be prepared by the Secretary and approved and signed at the next stated meeting. The minutes do no need to reflect the actual discussion but only the formal actions taken by the Planning Commission. 2.36.070 Consultants. Upon approval of the City Council, the Planning Commission may recommend the retention of a planning consultant who assists the Planning Commission in its deliberations. The consultant shall be hired by the City. The Planning Commission, through its chairman, may request formal opinions or recommendations from the City Attorney, City Engineer Public Works Director or the Director of Planning and Community development on any matter that is pending before it. 2.36.080 Interim procedures. The existing Planning Agency shall be deemed the Planning Commission and the members thereof shall continue to serve for their full terms. . Section 2. This ordinance shall take effect and be in force five days from and after its passage, approval, publication and posting as required by law. PASSED by the City Council this-18thday of February, 1993. //17 APPROVED by the Mayor this 19 d}ay of F(ebruar__.- 1993. Sam iGianato, Mayor ATT ST/AUTHENTICATE: t;'.;•<> B.I.M.C. Chapter 2.36 Page 4 January 13, 1993 4 Ralph Eells, Clerk -Treasurer APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK: January 14, 1993 PASSED BY THE CITY COUNCIL: February 18, 1993 PUBLISHED: February 24, 1993 POSTED: February 24, 1993 EFFECTIVE DATE: February 23, 1993 ORDINANCE NO -.c 93-10 c:\ord\236bimc.3 agtq,t B.I.M.C. Chapter 2.36 Page 5 January 13, 1993 `