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036-20 - Ordinance - Amending Chapter 2.20 Planning CommissionORDINANCE NO. 036-20 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 2.20 (PLANNING COMMISSION) OF THE PORT ORCHARD MUNICIPAL CODE; AMENDING PROVISIONS FOR PLANNING COMMISSIONER POSITIONS, TERMS, TERM ENDING DATES, AND MEETING REQUIREMENTS; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, per Chapter 35.63.020 and 35.63.030 RCW, the City of Port Orchard (City) has established a planning commission consisting of eight members, as provided in section 2.20.010 of the Port Orchard Municipal Code (POMC); and WHEREAS, per RCW 35.63.020, the City may elect to seat a planning commission consisting of any amount from three to twelve members, appointed by the Mayor and confirmed by the Council; and WHEREAS, per section 2.20.050 POMC, the planning commission is required to hold at least one regular meeting in each month and not less than nine meetings in each year; and WHEREAS, per section 2.20.070 POMC, five members of the planning commission shall constitute a quorum for the transaction of business; and WHEREAS, staff has reviewed the planning commission’s size and schedule and determined that the City can provide better service to the residents of Port Orchard by reducing the size and frequency of meetings, and encouraging participation by lessening the time burden on those who volunteer to serve on the planning commission; and WHEREAS, accordingly, the City Council desires to revise sections 2.20.010 and 2.20.070 POMC to reduce the number of planning commissioners from eight to seven, with a quorum of four members for the transaction of business; and WHEREAS, the City Council desires to revise section 2.20.050 POMC, to clarify that the planning commission shall generally hold a regular meeting once per month, but that this schedule may be revised as needed based on the number of items submitted for review, or lack thereof in a particular month; and WHEREAS, on July 28, 2020, the City submitted to the Department of Commerce a request for a 15-day expedited review of the proposed revisions to subsections 2.20.010, 2.20.050, and 2.20.070 POMC; and Ordinance No. 036-20 Page 2 of 5 WHEREAS, on November 24, 2020, the City Council held a duly-noticed public hearing on the proposed revisions to subsections 2.20.010, 2.20.050, and 2.20.070 POMC; now, therefor, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council adopts all of the “Whereas” sections of this ordinance as findings in support of this ordinance. SECTION 2. Chapter 2.20 of the Port Orchard Municipal Code is hereby amended to read as follows: Chapter 2.20 PLANNING COMMISSION Sections: 2.20.010 Planning commission created. 2.20.020 Planning commission positions, terms and term ending dates. 2.20.030 Powers and duties. 2.20.040 Recommendations to council. 2.20.050 Repealed. 2.20.060 Meetings of commission – Records. 2.20.080 Quorum. 2.20.090 Annual report to council. 2.20.010 Planning commission created. Pursuant to Chapter 35.63 RCW, there is created a city planning commission, which shall consist of seven members appointed by the mayor and confirmed by the city council; six shall be residents of the city and one may be a nonresident of the city except the mayor and city council may, by council resolution, temporarily extend the term of commissioner who, during his or her term, moves out of the city, to provide for continuity of specific projects or planning processes. 2.20.020 Planning commission positions, terms, and term ending dates. (1) Planning commissioner terms shall be four years in length. There shall be seven planning commissioner positions to be known as Position 1, Position 2, Position 3, Position 4, Position 5, Position 6, and Position 7, respectively. The current term Ordinance No. 036-20 Page 3 of 5 expiration for each of the respective planning commission positions as of the date of this ordinance is as follows: Position Term Expiration Position 1 December 31, 2020 Position 2 December 31, 2020 Position 3 December 31, 2021 Position 4 December 31, 2022 Position 5 December 31, 2023 Position 6 December 31, 2023 Position 7 December 31, 2023 (2) Upon expiration of the terms of each position as provided in (1) above, reappointments or successors shall be appointed by the mayor for the term of four years each. When an appointment by the mayor is to fill an open position prior to the end of the term, then the person so appointed shall serve out the term of the position into which he or she has been appointed. 2.20.030 Powers and duties. The planning commission shall have all of the powers and perform each and all of the duties specified by Chapter 35.63 RCW, together with any other duties or authority which may hereafter be conferred upon them by laws of the state of Washington, the performance of such duties and the exercise of such authority to be subject to each and all the limitations expressed in Chapter 35.63 RCW. 2.20.040 Recommendations to council. The city council may refer to the planning commission for its recommendation and report, any ordinance, resolution or other proposal relating to any of the matters and subjects referred to in Chapter 35.63 RCW, and the commission shall promptly report to the council thereon, making such recommendations and giving such counsel as it may deem proper. 2.20.050 Plats submitted to commission. Repealed by Ord. 047-07. 2.20.060 Meetings of commission – Records. Ordinance No. 036-20 Page 4 of 5 The commission shall elect its own chairman and create and fill such other offices as it may determine it requires. In general, the commission shall hold a regular meeting once per month; however, during any month, the chair of the commission or the city’s planning director may determine that there are no review items requiring the planning commission to hold a regular meeting and conduct business during that month; or, that there are review items requiring the planning commission to hold a regular meeting and conduct business more often than once during that month. All meetings shall be open to the public and shall be noticed in accordance with Ch. 42.30 RCW. It shall adopt rules of transaction of business and shall keep a written record of its meetings, resolutions, transactions, findings and determinations, which record shall be of public record. 2.20.070 Quorum. Four members of the planning commission shall constitute a quorum for the transaction of business. Any action taken by a majority of those present at any regular meeting of the planning commission shall be deemed and taken as the action of the commission. 2.20.080 Annual report to council. The planning commission, at or before its first regular meeting in February of each year, shall make a full report in writing to the city council of its transactions and expenditures, if any, for the preceding year, with such general recommendations as to matters covered by its prescribed duties and authority as may to it seem proper. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 5. Effective Date. This ordinance shall be published in the official newspaper of the city and shall take full force and effect on the 15th day of December 2020. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 24th day of November 2020. Ordinance No.036-20 Page 5 of 5 A Brandy Rinearso MC, City Clerk APPROVED AS TO FORM Charlotte A. Archer, City Attorney PUBLISHED: November 27, 2O20 EFFECTIVE DATE: December 75,2O2O Robert Pu u, Mayor SPONSOR: Scott Diener, Councilmember ilil RPOQ EALS