Reference no: EM132262021

One of the unique things about America is the tradition of citizens serving in local government. One looks in vain for another country where the management  of local affairs is not permanently placed in the hands of a national ministry of bureaucrats or provincial party hacks. Membership on planning commissions and other citizens' advisory boards is a continuation of an American tradition that began in the town meetings of the first settlers.. Solnit 1987, vii

In California the general role and activities of every incorporated city's required planning commission is established by state law. The foremost prescribed responsibility of the planning commission is to assist in the preparation, maintenance, and/or periodic revision of the city's general plan. The second responsibility of the commission is to assist in the interpretation and implementation of the general plan and all associated development regulations (e.g. the zoning ordinance and subdivision regulations).

With its quasi-judicial discretionary authority, the planning commission holds a unique position of power over the exercise of individual private property rights. How each commission exercises its powers can play a pivotal role in the implementation of effective city planning in California. Observing a planning commission in action is both an opportunity to witness a uniquely American example of substantial local government authority exercised by non-elected city officials and a chance to see how planning is actually implemented at the local level.

Assignment:

1) Observe a meeting of a city planning commission of your choice.

Most planning commissions meet once a month on a specific day of the month (e.g. the third Tuesday); some large cities' commissions meet more frequently (e.g. twice a month, etc.). The schedule and agenda of city planning commission meetings is typically posted on the official city website.

If the schedule is not posted on the web, contact the City Clerk's office in the respective city hall for information on commission meetings (note: The Brown Act requires that every city commission must meet on a regular schedule and their agenda must be available to the public--typically at least 72 hours before the meeting--so you should have no trouble finding the date and time of any commission meeting).

2) Write a brief analysis of the planning commission meeting you observe. Attach a copy of the meeting agenda (minus all the reports, etc.) making sure it indicates which planning commission you observed, the date, and the items for consideration at the meeting you watched.

The American Planning Association published Albert Solnit's guide to The Job of the Planning Commissioner to assist both commissioners and the public in assessing the effectiveness of their planning commission. As you watch the meeting, ask yourself if the commission is or is not following the guidelines Solnit offers for an effective planning commission meeting and use these ten questions to focus your analysis of the commission meeting:

1) Does the commission appear to function as a deliberative body seeking information to make an informed decision or are members merely offering personal opinions and observations as they consider items on the agenda?

2) Does the commission appear to work from a set of planning principles clearly established by reference to the general plan and other relevant planning documents or are members apparently considering each item independent of the larger planning framework?

3) Does the commission chairperson have control of the meeting and conduct it according to an obvious set of procedural rules of order? Does the chairperson facilitate and focus deliberation so that an effective resolution of each item is reached efficiently?

4) Does the commission appear to really value public participation and clearly integrate it into their deliberation and decision-making process? Or is public participation treated as an inconvenience and intrusion on the commission's deliberations?

5) Does each member of the commission clearly articulate their reasoning and rationale before making each vote on action items so that anyone (including city council members who have potential authority over any appealed actions) who observes the proceedings can understand how and why each vote was made?

6) Does the commission appear to act with appropriate autonomous authority or do they appear to defer to the opinions of city staff and/or the "experts" representing the various parties appearing before the commission?

7) There are virtually no situations where private financial considerations are supposed to influence the planning commission actions (e.g. the planning commission should not consider the financial hardships that may be associated with their actions nor the private income producing potential of projects they consider). Does the commission appear to be inappropriately influenced by strictly financial considerations in their decision-making? Recognize that considering the financial impact of a proposal on the city (not the project proponent) is appropriate.

8) In spite of their quasi-judicial powers, commission meetings are not formal legal proceedings (like a trial in a court room). The type of cross-examination and adversarial debate common to the court room is not appropriate in a commission meeting-does the commission allow public input or their own discussions to degenerate into debate and criticism or is it focused on constructively producing information to make an informed decision?

9) State law requires that very specific "mandatory findings" must be made in order to grant a zoning variance (AKA zoning "exception"). Does the commission clearly state the legal basis for making the requisite findings in the consideration of any request for a variance? Or does the commission appear to make up the basis for the findings to support a pre-conceived decision?

10) Courts have repeatedly ruled one of the paramount benchmarks is that all actions of planning commissions must demonstrate the "appearance of elemental fairness" to all parties involved. Does the commissions' proceedings clearly appear to be inherently fair to all parties?

3) Your analysis of a planning commission meeting is due no later than Tuesday, May 23-make sure you identify a meeting to attend prior to the due date and allow yourself enough time to prepare an appropriate observation report.